Labor & Employment

Workforce Innovation and Opportunity Act Adult and Dislocated Worker funds; minimum allocation requirement waived. Authorizes the Department of Workforce Development and Advancement to waive the 40 percent allocation requirement of certain funding under the federal Workforce Innovation and Opportunity Act of 2014 for a local workforce development board that submits a request for a waiver and demonstrates that the board is unable to meet the requirement due to (i) a lack of available training providers in the local workforce development area, (ii) a lack of demand for training services among eligible participants, or (iii) other extraordinary circumstances. The bill requires the Department to develop and publish a process for the application and approval of such waivers.

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.

Unemployment benefits; maximum duration. Provides that, beginning July 1, 2026, for claims effective on or after July 1, 2026, an eligible individual's weekly unemployment compensation benefit amount shall be paid for a maximum duration of 26 weeks.

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.

Certain civil actions against employees; liability of employer to vulnerable victims. Clarifies that when determining an employer's vicarious liability in an action for personal injury or death brought by a vulnerable victim against an employee, the definition of "vulnerable victim" shall include only those persons enumerated in the bill.

Unemployment benefits; maximum duration. Provides that, beginning July 1, 2026, for claims effective on or after July 1, 2026, an eligible individual's weekly unemployment compensation benefit amount shall be paid for a maximum duration of 26 weeks.

Protection of employees; warehouse distribution center requirements; civil penalty; civil action. Provides that a warehouse employer, as defined in the bill, that violates the bill's provisions shall be liable to an impacted warehouse employee, as defined in the bill, for certain remedies, damages, and other relief as specified in the bill. The bill requires a warehouse employer to provide each warehouse employee a written description of each performance standard to which such employee is subject and of any potential adverse employment action that may result from such employee's failure to meet such performance standard. The bill prohibits a warehouse employer from taking an adverse action against a warehouse employee for such employee's use of a bathroom facility. The bill provides that a warehouse employer that violates the bill's provisions relating to warehouse employees is subject to a civil penalty not to exceed $5,000 for each violation.