SB1348112th GA (Historical)Introduced

Amends TCA Title 4; Title 7; Title 8; Title 49; Title 50; Title 62; Title 63 and Title 68.

This bill implements certain rights for essential workers during a state of emergency or disaster, as discussed below. For purposes of this bill, "employer" means a formula retail store, large employer, transportation business, or franchisee or subcontractor. "Large employer" and "essential worker" are defined at the end of this summary. This bill requires an employer of an essential worker to adopt the following worker's bill of rights during a state of emergency or disaster declared by the governor: (1) The employer must provide the employer's essential workers with adequate personal protective equipment and products at no cost to the workers; (2) The employer must inform the employer's essential workers when an essential worker has contracted a disease related to the state of emergency or disaster and of the essential workers' potential exposure to the disease; (3) The employer must not retaliate, discriminate, or take adverse action against an essential worker for reporting any unsafe work environment; (4) The employer must pay the employee hazard pay for any day that the employee performs essential work for the employer outside of the employee's residence. Hazard pay must be a percentage or a fixed dollar amount, but will not exceed $25,000 in a year for an essential worker earning less than $200,000 per year or $5,000 in a year for an essential worker earning more than $200,000. Hazard pay must be in addition to, and not part of, an essential worker's basic annual salary, and must not affect or impair performance advancement payments, performance awards, longevity payments, or rights or benefits to which an essential worker is entitled. This provision will not apply to a bona fide executive, administrative, or professional employee who is exempt from overtime under federal law. The hazard pay will terminate upon the cessation of the state of emergency or disaster; and (5) The employer just pay the costs of childcare or health care needed by an essential worker for the duration of the state of emergency or disaster. This bill requires the employer to distribute the bill of rights to essential workers; make the bill of rights available on the employer's website or post the bill of rights at the employer's place of business if the employer does not have a website; and include links or information on the employer's website to file a report and seek a response from the employer or the state regarding an unsafe work environment or failure to comply with this bill. This bill provides that, during a state of emergency, an employee may refuse to work for an employer even if classified as an essential worker, and such refusal will not be grounds for the employer to discriminate, dismiss, discharge, reduce hours, or take an adverse action against the employee. Violations of this bill, or rules issued pursuant to this bill, will be prosecuted by the district attorney general of the judicial district in which the violation occurs, or the attorney general and reporter. For purposes of this bill, "essential worker" means an employee of a business or entity who is providing essential services or functions during a state of emergency or disaster and who is designated as an essential worker pursuant to law, rule, regulation, or executive order, including the following (see the bill for other workers included in the definition): essential healthcare operations, including research and laboratory services; essential infrastructure, including utilities, telecommunication, airports, and transportation; essential services, including trash collection, mail, and shipping; and construction. Also, "large employer" means an individual or entity that has annual gross revenue of $50 million or more, or had annual gross revenue of $50 million or more in any of the past three fiscal or calendar years. Individuals or entities whose principal industry is manufacturing and nonprofit organizations will not be considered large employers under this bill.

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Overview

This bill implements certain rights for essential workers during a state of emergency or disaster, as discussed below. For purposes of this bill, "employer" means a formula retail store, large employer, transportation business, or franchisee or subcontractor. "Large employer" and "essential worker" are defined at the end of this summary. This bill requires an employer of an essential worker to adopt the following worker's bill of rights during a state of emergency or disaster declared by the governor: (1) The employer must provide the employer's essential workers with adequate personal protective equipment and products at no cost to the workers; (2) The employer must inform the employer's essential workers when an essential worker has contracted a disease related to the state of emergency or disaster and of the essential workers' potential exposure to the disease; (3) The employer must not retaliate, discriminate, or take adverse action against an essential worker for reporting any unsafe work environment; (4) The employer must pay the employee hazard pay for any day that the employee performs essential work for the employer outside of the employee's residence. Hazard pay must be a percentage or a fixed dollar amount, but will not exceed $25,000 in a year for an essential worker earning less than $200,000 per year or $5,000 in a year for an essential worker earning more than $200,000. Hazard pay must be in addition to, and not part of, an essential worker's basic annual salary, and must not affect or impair performance advancement payments, performance awards, longevity payments, or rights or benefits to which an essential worker is entitled. This provision will not apply to a bona fide executive, administrative, or professional employee who is exempt from overtime under federal law. The hazard pay will terminate upon the cessation of the state of emergency or disaster; and (5) The employer just pay the costs of childcare or health care needed by an essential worker for the duration of the state of emergency or disaster. This bill requires the employer to distribute the bill of rights to essential workers; make the bill of rights available on the employer's website or post the bill of rights at the employer's place of business if the employer does not have a website; and include links or information on the employer's website to file a report and seek a response from the employer or the state regarding an unsafe work environment or failure to comply with this bill. This bill provides that, during a state of emergency, an employee may refuse to work for an employer even if classified as an essential worker, and such refusal will not be grounds for the employer to discriminate, dismiss, discharge, reduce hours, or take an adverse action against the employee. Violations of this bill, or rules issued pursuant to this bill, will be prosecuted by the district attorney general of the judicial district in which the violation occurs, or the attorney general and reporter. For purposes of this bill, "essential worker" means an employee of a business or entity who is providing essential services or functions during a state of emergency or disaster and who is designated as an essential worker pursuant to law, rule, regulation, or executive order, including the following (see the bill for other workers included in the definition): essential healthcare operations, including research and laboratory services; essential infrastructure, including utilities, telecommunication, airports, and transportation; essential services, including trash collection, mail, and shipping; and construction. Also, "large employer" means an individual or entity that has annual gross revenue of $50 million or more, or had annual gross revenue of $50 million or more in any of the past three fiscal or calendar years. Individuals or entities whose principal industry is manufacturing and nonprofit organizations will not be considered large employers under this bill.

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Sponsor

Unknown

Details
Session

112th General Assembly

Introduced

February 11, 2021

Subjects
158542002650264521730590

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