Hospitals; reports of threats or acts of violence against health care providers; expansion of reporting requirements. Expands the reporting requirements for incidents of workplace violence in hospitals with an emergency department by requiring additional descriptors of incidents, requiring hospitals to report collected data to additional parties, and directing the Department of Health to publish a report containing an annual summary of such data. The bill directs the Board of Health to promulgate regulations implementing the provisions of the bill by January 1, 2027, and directs the Department of Health to publish its first report by December 31, 2027.
Alyssa's Law; public schools; wearable panic alarm systems permitted. Permits any school board to provide any school board employee in a public elementary or secondary school building in the local school division with a wearable panic alarm system, defined in the bill as a security system that is capable of being worn on the body of the user and by which the user manually activates a device that sends (i) a signal to the local 9-1-1 public safety answering point that indicates a school security emergency that requires immediate response and assistance from such public safety answering point and (ii) a multisensory schoolwide school security emergency notification, when appropriate.
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.
Workplace violence policy required for certain employers; civil penalty. Requires any employer of 100 or more employees to develop, implement, and maintain a workplace violence policy no later than January 1, 2027. The bill includes requirements for such a policy, such as procedures and methods for employee reporting of incidents and post-incident investigations. Employers subject to the bill are required to maintain documentation of workplace violence incidents for not less than five years. An employer that violates the provisions of the bill shall be subject to a civil penalty of not more than $1,000 per violation. The bill prohibits retaliation from an employer on the basis of reporting a workplace violence incident and provides that any employee who makes a report of workplace violence shall be immune from civil liability. The bill has a delayed effective date of January 1, 2027.
Protection of employees; stay or pay contracts prohibited; civil penalty. Prohibits an employer from entering into, enforcing, or threatening to enforce a stay or pay contract, as defined in the bill, with any employee, with certain exceptions described. An employer that violates the bill's provisions is subject to a civil penalty of $1,000. The bill allows an employee to bring a civil action against an employer or other person that attempts to enforce a stay or pay contract and to seek appropriate relief, including enjoining the conduct of any person or employer, ordering payment of liquidated damages, and awarding lost compensation, damages, and reasonable attorney fees and costs. The bill provides that if the court finds a violation of the bill's provisions, the plaintiff is entitled to recover reasonable costs, including reasonable fees for expert witnesses, and attorney fees.
Employee protections; wage and hour, health and safety, and mining safety provisions; federal rules. Requires that, if a federal wage or hour law, federal occupational health and safety law, or federal mine safety law is repealed, revoked, amended, or reinterpreted in any manner that results in the federal protections becoming less stringent or effective, the Commissioner, the Safety and Health Codes Board, or the Department of Energy, respectively, shall promulgate regulations that incorporate the federal law as it existed prior to being repealed, revoked, amended, or newly interpreted.
Military leaves of absence for employees of the Commonwealth or political subdivisions; law-enforcement officers. Provides that any person who is employed by the Commonwealth or a political subdivision of the Commonwealth as a law-enforcement officer shall receive paid leaves of absence for up to 388 hours for which a leave of absence is required, during which such person is engaged in federally funded military duty, to include training duty, or is called forth by the Governor for military duty.
Prevailing wage rate for underground infrastructure work by public service companies. Directs the Department of Labor and Industry to determine and make available the prevailing wage rate for underground infrastructure work, as defined in the bill. Under the bill, each public service company shall ensure that its bid specifications or other contracts applicable to underground infrastructure work require payment at the prevailing wage rate. The bill requires contractors and subcontractors to post the prevailing wage rate in a prominent and accessible place at the work site. The bill also requires each contractor or subcontractor subject to the provisions of the bill to comply with certain recordkeeping requirements. The provisions of the bill apply to contracts entered into on or after July 1, 2027.
Workers' compensation; presumption of compensability for certain cancers. Expands the workers' compensation presumption of compensability for certain cancers causing the death or disability of certain employees who have completed five years of service in their position to include lung cancer and non-Hodgkin's lymphoma for any individual diagnosed with such a condition on or after July 1, 2027.
