BILL SUMMARY for HB09-1108
HOUSE COMMITTEE ON BUSINESS AFFAIRS AND LABOR
|Votes: View--> ||Action Taken: |
|Moved amendment L.001 (Attachment C). The motion |
Moved to refer House Bill 09-1108, as amended, to
|Pass Without Objection|
09:52 AM -- House Bill 09-1108
Representative A. Kerr, prime sponsor, presented House Bill 09-1108 concerning the failure of an employer's bank to honor an employee's paycheck upon presentment. This bill adds employee protections and employer penalties to the Colorado Wage Act. It addresses situations when an employee's paycheck is not honored by the employer's bank causing the employee's account to have insufficient funds to pay bills. If this occurs 2 or more times within a 24 month period, the director of the Department of Labor and Employment will issue a letter to the affected employee, stating the employee is not liable for damages (overdraft fees, insufficient check charges, late fees) from having insufficient funds. The director will also fine the employer $50 per day per employee.
Representative A. Kerr distributed amendment L.001 (Attachment C). He said the amendment changes the bill from stating that the director "shall investigate complaints" to "may investigate complaints" which will impact the fiscal note because now the director does not have to investigate every complaint. The amendment would also allow the employee to recover actual damages caused by the nonpayment, including associated late fees in addition to the actual paycheck. Representative A. Kerr responded to questions from the committee regarding what happens if a check bounces and the employer is not at fault.
09:59 AM -- Jeff Clayton, representing the Department of Labor and Employment, stated that if the amendment passes, there will be no fiscal note.
|TIME: || 10:00:21 AM|
|MOTION:||Moved to refer House Bill 09-1108, as amended, to the Committee of the Whole. The motion passed 6-5.|
Final YES: 6 NO: 5 EXC: 0 ABS: 0 FINAL ACTION: PASS