HB 2051

Effective January 1, 2027 , this bill requires a drug retail establishment or food retail establishment that provides self-service checkout options to adhere to all of the following requirements:  Provide to a customer at least one staffed checkout station for every four self-service checkout stations .  Establish, implement, and advertise limits to self-service checkout to purchases of no more than 15 items .  Establish workforce polic ies that prohibit a customer from using a self-service checkout station to purchase an item (i) t hat requires a customer to provide a form of identification, including an alcohol or tobacco product or (ii) s ubject to special theft-deterrent measures that are affixed to the item, including electronic article surveillance, ink, or other tags, or an item placed in a locked cabinet, that require the intervention of an employee to remove the item before purchase .  Notify the public by prominently posting signage in a location accessible to customers, including a link or quick response (QR) code that can be scanned to access a website providing a summary of the public's rights under this bill , including enforcement options available to the public .  Locate self-service checkout stations to enable observation and surveillance from both employees of drug retail establishments and food retail establishments and local law enforcement .  Assign at least one employee to monitor the self-service checkout operation at all times that the self-service checkout is in operation during business hour s.  Ensure that an assigned employee does not have other work responsibilities that would interfere with the employee's ability to maintain direct visual inspection and surveillance of the self-service checkout operations. Effective January 1, 2027 , this bill further requires drug retail establishments or food retail establishments operating two or more self-service checkout stations to (i) m aintain a staffing ratio of at least one employee for every three self-service checkout stations and (ii) i mplement such ratio in a manner that takes into account operational and logistical feasibility. The requirements above applicable to a food retail establishment only apply to a retail store that meets either of the following criteria:  Over 15,000 sq uare f eet in size and sells primarily household foodstuff for offsite consumption, including fresh produce, meats, poultry, fish, deli products, dairy products, canned foods, dry foods, beverages, baked foods, or prepared foods .  Over 85,000 sq uare feet and with 10% or more of the establishment's sales floor area dedicated to the sale of foodstuff for offsite consumption, including the sale of fresh produce, meats, poultry, fish, deli products, dairy products, canned foods, dry foods, beverages, baked foods, or prepared foods . Further, as used in this bill, an "employee"" does not include independent contractors, workers hired through a third-party agency, managers, supervisors, or confidential employees . CIVIL ACTION — PENALTIES This bill authorizes a customer or employee of a drug retail establishment or food retail establishment to bring a civil action in a court of competent jurisdiction against a drug retail establishment or food retail establishment for violating this bill. If a customer or employee of a drug retail establishment or food retail establishment prevails in such an action, then the court may award (i) a civil penalty of not more than $100 per employee of the drug retail establishment or food retail establishment for each violation; (ii) a n additional civil penalty of $100 per employee for each day the violation remai ns uncured, not to exceed $1, 000 per employee per day; and (iii) r easonable court costs and attorneys' fees. RETALIATION PROHIBITED This bill prohibits a drug retail establishment or food retail establishment from terminat ing, reduc ing in compensation, or otherwise discriminat ing against an employee in conditions of employment for seeking to enforce the employee's rights, participating in proceedings, or opposing a practice proscribed by this bill, or for otherwise asserting rights under this bill."