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2020 SESSION
HB 1199 Employee misclassification; retaliatory actions prohibited, civil penalty.
Introduced by: Kathy K.L. Tran | all patrons ... notes | add to my profiles
SUMMARY AS INTRODUCED:
Employee misclassification; retaliatory actions prohibited; civil penalty. Prohibits an employer from discharging, disciplining, threatening, discriminating against, or penalizing an employee or independent contractor because the employee or independent contractor reported or plans to report that an employer or any officer or agent has failed to properly classify an individual as an employee and failed to pay required benefits or other contributions. The measure also prohibits such actions against an employee or independent contractor who is requested or subpoenaed by an appropriate authority to participate in an investigation, hearing, or inquiry by an appropriate authority or in a court action. These prohibitions apply only if an employee or independent contractor acts in good faith and upon a reasonable belief that the information is accurate. The measure authorizes the Commissioner of Labor and Industry to institute proceedings against an employer who has taken such prohibited retaliatory action. Available remedies include reinstatement of the employee and recovery of lost wages. An employer that violates these provisions is subject to a civil penalty equal to the employee's lost wages. This bill is identical to SB 662.
FULL TEXT
- 01/07/20 House: Prefiled and ordered printed; offered 01/08/20 20103498D pdf | impact statement
- 02/25/20 House: Bill text as passed House and Senate (HB1199ER) pdf | impact statement
- 03/10/20 Governor: Acts of Assembly Chapter text (CHAP0204) pdf
HISTORY
- 01/07/20 House: Prefiled and ordered printed; offered 01/08/20 20103498D
- 01/07/20 House: Referred to Committee on Labor and Commerce
- 01/16/20 House: Assigned L & C sub: Subcommittee #1
- 01/28/20 House: Subcommittee recommends reporting (5-Y 2-N)
- 01/30/20 House: Reported from Labor and Commerce (10-Y 9-N)
- 02/03/20 House: Read first time
- 02/04/20 House: Read second time and engrossed
- 02/05/20 House: Read third time and passed House (52-Y 44-N)
- 02/05/20 House: VOTE: Passage (52-Y 44-N)
- 02/06/20 Senate: Constitutional reading dispensed
- 02/06/20 Senate: Referred to Committee on Commerce and Labor
- 02/17/20 Senate: Reported from Commerce and Labor (12-Y 2-N)
- 02/19/20 Senate: Constitutional reading dispensed (39-Y 0-N)
- 02/20/20 Senate: Read third time
- 02/20/20 Senate: Passed Senate (21-Y 19-N)
- 02/25/20 House: Enrolled
- 02/25/20 House: Bill text as passed House and Senate (HB1199ER)
- 02/25/20 House: Signed by Speaker
- 02/26/20 Senate: Signed by President
- 03/03/20 House: Enrolled Bill communicated to Governor on March 3, 2020
- 03/03/20 Governor: Governor's Action Deadline 11:59 p.m., March 10, 2020
- 03/10/20 Governor: Approved by Governor-Chapter 204 (effective 7/1/20)
- 03/10/20 Governor: Acts of Assembly Chapter text (CHAP0204)