Labor and employment; payment of wages; minimum wage and overtime wages; misclassification of workers; prevailing wage rate; civil actions. Provides that an employer that violates provisions relating to minimum wage, overtime wages provisions, the misclassification of workers, or the prevailing wage rate is liable to the employee for the applicable remedies, damages, or other relief available in an action brought pursuant to the civil action provisions currently available for the nonpayment of wages. Such provisions currently available provide that an employee may bring an action in a court of competent jurisdiction to recover payment of the wages, and the court is required to award the wages owed, an additional equal amount as liquidated damages, plus prejudgment interest thereon, and reasonable attorney fees and costs. Under current law, if the court finds that the employer knowingly failed to pay wages to an employee, the court is required to award the employee an amount equal to triple the amount of wages due and reasonable attorney fees and costs.
Protection of employees; retaliatory action against employee prohibited. Prohibits an employer from taking certain retaliatory actions against an employee because the employee or a person acting on the employee's behalf reports any information or allegation in good faith that, if true, amounts to a violation of any federal or state law or regulation to a supervisor, manager, officer, or other employee, or to any governmental body or law-enforcement official, including a report made in the ordinary course of the employee's employment, regardless of whether such report refers to a particular law or regulation. The bill prohibits an employer from (i) taking any action or including any policy in an employee handbook, employment contract, or separation agreement that impedes an employee from disclosing possible or actual illegal activity to the public, a governmental body, or his employer or (ii) taking any disciplinary action in retaliation against an employee for reporting to the public, a governmental body, or his employer any possible or actual violation of any federal or state law or regulation. This bill incorporates HB 722 and HB 1216.
Employment discrimination; employee notification of federal and state statute of limitations. Requires an employer that employs 10 or more employees and that receives an employee complaint alleging sexual assault, harassment, or any other form of discrimination for which the employee may seek enforcement by the U.S. Equal Employment Opportunity Commission (EEOC) or the Office of the Attorney General to notify such employee that a charge may be filed with the EEOC or the Office of the Attorney General within 300 days after the alleged unlawful discriminatory practice occurred. The bill also requires an employer to provide this information as part of any new employee training provided at the commencement of employment or anti-discrimination training provided to an employee.
Solar energy facilities; prevailing wage and apprenticeship requirements; report; civil penalties. Requires each solar developer, including its contractors and subcontractors, to ensure payment at the prevailing wage rate set by the Department of Labor and Industry for any mechanic, laborer, or worker employed, retained, or otherwise hired to perform construction, maintenance, or repair work for certain electricity generating sources. The bill requires each solar developer to (i) ensure that a percentage of the total labor hours of such work is performed by qualified apprentices and (ii) employ at least one qualified apprentice if four or more individuals are employed to perform such work. Under the bill, a solar developer that fails to meet the requirements of its provisions is required to make penalty payments to the Commissioner of Labor and Industry.
Oral threat to kill or to do bodily harm; employees of local or state department of social services; penalty. Creates a Class 1 misdemeanor for any person who orally makes a threat to kill or do bodily injury to any employee the Department of Social Services or a local department of social services, as those terms as defined in relevant law, who is engaged in the performance of his duties.
Line of Duty Act; payments to beneficiaries. Provides that if a deceased person, as that term is defined in the Line of Duty Act, died as a result of certain cancers within seven years from his date of retirement, his beneficiary shall be entitled to the payment of certain benefits. Under current law, such beneficiary shall be entitled to such payment if the deceased person's death (i) arose out of and in the course of his employment or (ii) was within five years from his date of retirement.
Transportation network companies; minimum compensation; civil penalty. Establishes minimum compensation rates for TNC partners. The bill also prohibits gratuities from passengers from being included in TNC partner compensation calculations, authorizes TNC partners to collect gratuity in cash or electronically, and prohibits transportation network companies from limiting the amount that can be paid as gratuity through such companies' digital platforms. The bill requires the Department of Motor Vehicles (DMV) to establish a process for reporting violations and to investigate claims. The bill authorizes enforcement by civil action or by civil penalties assessed by the DMV Commissioner.
