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Sponsor Testimony on House Bill 42, the Retail and Employee Rights Act — Representative Michael J. Skindell

Summary

Sponsor testimony of Representative Michael J. Skindell before the House Commerce and Labor Committee, dated May 21, 2024, on House Bill 42, the Retail and Employee Rights Act. The testimony states that the key provisions include promoting full-time employment and access to hours, encouraging fair, predictable schedules, and discouraging abusive on-call scheduling practice. It states that employers would be required to post employee schedules publicly in advance and that a successor employer would retain certain employees during a transition period after an ownership transfer. It cites the Economic Policy Institute for about 17% of the workforce having unstable work shift schedules.

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“Sponsor Testimony on House Bill 42, the Retail and Employee Rights Act — Representative Michael J. Skindell.” Archived at Pandemic Darlings, https://pandemicdarlings.com/source-documents/2024-05-21-commerce-labor-testimony-testimony-11403-95b222b8fc/, SHA-256 f286bbf9c264e2e81812c79a956c8e73851e649037718e85efb54580cad87782.

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                    Before the House Commerce and Labor Committee
                           House Bill 42 –Retail Workers Rights
                  Sponsor Testimony by Representative Michael J. Skindell
                                       May 21, 2024

Chairman Johnson, Vice Chair Manchester, Ranking Member McNally, and Members of the
House Commerce and Labor Committee, thank you for the opportunity to provide sponsor
testimony on House Bill 42, the Retail and Employee Rights Act. This legislation was
previously introduced in prior General Assemblies.

The Retail and Employee Rights Act contains several provisions designed to provide Ohio
workers with the same respect that they diligently put into their work, building a stronger and
greater Ohio. Designed to protect large chain retail and restaurant workers, the key provisions of
House Bill 42 include:

•      Promoting full-time employment and access to hours;
•      Encouraging fair, predictable schedules;
•      Discouraging abusive on-call scheduling practice;
•      Encouraging worker retention and job security.

Ohioans are known for their hard work ethic and dedication to their jobs. However, in today's
post-recession economy, many large retail employers are employing part-time workers at
relatively low wages, forcing employees to attempt to work multiple jobs. At the same time,
retail employers are utilizing "just in-time" scheduling practices and changing schedules the "day
of" work. These practices make it difficult for the employees to hold a second job, arrange for
childcare or pursue more education. Employees can only work for multiple employers if they
have predictability in scheduling and are treated fairly.

House Bill 42 outlines provisions employers must follow in order to make schedules predictable
for their employees. Employers will be required to post employee schedules publicly at least 14
days in advance. If employers cancel a worker’s shift close to it taking place, that employee will
be paid some compensation for setting aside their time for work. Furthermore, the legislation
includes provisions to have part-time and full-time employees be treated more equally regarding
hourly wages, access to time off, and eligibility for promotions.

In addition to predictable scheduling, this bill requires a successor employer to retain certain
employees during a transition period after an ownership transfer. Therefore, for example, if one
grocery store chain purchases another, it cannot unilaterally and immediately replace all of the
original employees.
According to the Economic Policy Institute, by income level, the lowest income workers face the
most irregular work schedules, leaving about 17% of the workforce with unstable work shift
schedules. It is imperative we work towards increasing economic security and providing strong
worker protections at the state level.

Chairman Johnson, Vice Chair Manchester, Ranking Member McNally, and Members of the
House Commerce and Labor Committee, thank you for the opportunity today to provide sponsor
testimony on this legislation. I would be happy to answer any questions at this time.

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