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.”

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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.

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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

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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 Employment Law Association

Progress Now Colorado

State Innovation Exchange

United for a New Economy

United Food and Commercial 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