Business groups battle to stop ‘Fair Workweek’ bill

A coalition of business and industry groups is rallying behind efforts to stop a proposal to require businesses to pay employees for showing up — even when they did not do any work because there’s not enough work that day.

For workers, the situation could mean losing a day’s pay — and supporters say that puts an “an untenable burden on families.”

But business leaders argue that the legislative measure imposes punitive and “inflexible” requirements that fail to consider companies’ operational needs and the “nature of unpredictable industries.”

Under the House Bill 23-1118, companies must provide a worker an hour of “predictability pay” when they add time to a shift or changes the location, and two hours salary if they reduced the work time.

The bill also imposes mandates on companies, including notifying workers, on schedules.

The Colorado Chamber of Commerce on Friday listed 45 business groups opposed to the bill, saying the growing number of critics — which include municipal chambers, as well as trade groups representing the hospitality, tourism and health industries — affirms the argument that it would “drive businesses out of the state and hurt Colorado’s economic competitiveness.”

“HB 1118 imposes broad new regulations and restrictions on how employers manage employee workweek schedules and pay,” the chamber said in a statement. “It would impact thousands of public and private employers across the state, creating inflexible requirements that fail to consider the basic operational needs of businesses and the nature of unpredictable industries.”

The chamber added: “The diverse coalition of more than 45 business groups reflects the sweeping nature of HB 1118. These punitive new scheduling requirements would be felt not only by the hospitality industry, but also health care providers, public entities like schools, social service providers, and more.”

The chamber said contrary to claims by supporters, the bill would affect employers with 250 or more workers, and, as drafted, it would also apply to small and independent businesses that have more than one location in Colorado.

The Colorado Fair Workweek Coalition, which says more than 30 organizations representing workers support the measure, said it would improve the lives of hundreds of thousands of retail and food-service workers who “live on the edge because their employers keep them in the dark about when they’ll work, how long they’ll work and how much they’ll earn.”

The group also said contrary to the state chamber’s position, the bill would only apply to retail and food or beverage companies with 250 or more workers.

“Corporate employers regularly call in low-wage, hourly workers at the last minute and often send them home early,” the group said. “This puts an untenable burden on families trying to schedule childcare and medical appointments and those trying to make ends meet with unpredictable paychecks. Workers with unstable schedules experience physical stress, depression, financial instability, and sleep problems.”

In addition to the predictability pay, the bill also requires companies to pay a “rest shortfall pay,” when a worker is required to work hours without some minimum period of rest after a prior shift; a “retention pay” for when an employer offers work hours to a new worker without first offering them to existing employees; and, a minimum weekly pay corresponding to 15% of the average weekly hours indicated on a worker’s work plan.

Groups opposed to HB 1118

Restaurant, Retail, Hotels/Lodging, Trade, Healthcare and Tourism:

• Colorado Association for Viticulture & Enology

• Colorado Beverage Association

• Colorado Brewers Guild

• Colorado Cider Guild

• Colorado Contractors Association

• Colorado Convenience Stores Association

• Colorado Event Alliance

• Colorado Gaming Association

• Colorado Hotel & Lodging Association

• Colorado Restaurant Association

• Colorado Retail Council

• CO/WY Petroleum Marketers Association

• HealthOne

• Hispanic Contractors of Colorado

• International Council of Shopping Centers

• Powersports Dealers Assoc. of Colorado

• Rocky Mountain Food Industry Assoc.

• The Tavern League of Colorado

• Tourism Industry Association

• Wagner Equipment Co.

• Visit Denver

Regional Economic Development and Local Chambers:

• Adams County Regional Econ Partnership

• Alamosa Chamber of Commerce

• Aurora Chamber of Commerce

• Buena Vista Chamber of Commerce

• Castle Rock Chamber of Commerce

• Cherry Creek Chamber of Commerce

• Colorado Springs Chamber & EDC

• Denver Metro Chamber

• Douglas County Business Association

• Durango Chamber of Commerce

• Golden Chamber of Commerce

• Glenwood Chamber of Commerce

• Greater Brighton Chamber of Commerce & Tourism Bureau

• Greater Pueblo Chamber of Commerce

• Greater Woodland Park Chamber of Commerce

• Gunnison Country Chamber of Commerce

• Jefferson County Business Lobby

• Longmont Chamber of Commerce

• Northwest Douglas County Chamber & EDC

• Vail Valley Partnership

• Westminster Chamber of Commerce

• West Metro Chamber of Commerce Statewide Business Organizations:

• Colorado Chamber of Commerce

• Colorado Competitive Council

• Colorado Concern

• National Federation of Independent Businesses

Groups in favor of HB 1118

• 9to5 Colorado

• ACLU Colorado

• Centennial State Prosperity

• Colorado Center on Law and Policy

• Colorado Education Association

• Colorado Independent Drivers United

• Coloradans for the Common Good

• Communications Workers of America

• National Women’s Law Center

• SEIU Local 105

• A Better Place

• Bell Policy Center

• Colorado Children’s Campaign

• Colorado Fiscal Institute

• Colorado Jobs with Justice

• Center for Popular Democracy

• Hispanic Affairs Project

• Plaintiff Employement Law Association

• Progress Now Colorado

• State Innovation Exchange

• United for a New Economy

• United Food and Connercial Workers Local 7

• Colorado Professional Fire Fighters

• Colorado Black Trade Union

• Colorado Organization for Latina Opportunity and Reproductive Rights

• Colorado WINS

• CO Statewide Parent Coalition

• CLLARO

• New Era Colorado

• One Colorado

• Towards Justice

• Young Invincibles

• Women’s Foundation of Colorado

• Working Families Party