Legislative Update as of 10/01/2018

 

If you have experience with any of the legislative issues listed below or if you have any feedback you would like to share, please email our Legislative Counsel & Policy Director, Mariko Yoshihara at mariko@cela.org.

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For more information on any of the bills listed below, please click on the bill or visit www.leginfo.legislature.ca.gov or email mariko@cela.org.

 

View legislation signed into law

View legislation vetoed

 

 

CHAPTERED

 

 

 

AB 1565

(Thurmond D)   Labor-related liabilities: direct contractor.

 

Current Text: Chaptered: 9/19/2018  

 

Status: 9/19/2018-Approved by the Governor. Chaptered by Secretary of State - Chapter 528, Statutes of 2018.

 

Summary: Current law requires, for all contracts entered into on or after January 1, 2018, a direct contractor, as defined, making or taking a contract in the state for the erection, construction, alteration, or repair of a building, structure, or other work, to assume, and be liable for, specified debt owed to a wage claimant that is incurred by a subcontractor, at any tier, acting under, by, or for the direct contractor for the wage claimant’s performance of labor included in the subject of the original contract. This bill would repeal specified provisions that state that the obligations and remedies are in addition to existing obligations and remedies provided by law, except that the provisions are not to be construed to impose liability on a direct contractor for anything other than unpaid wages and fringe or other benefit payments or contributions including interest owed.

 

 

 

 

 

AB 1654

(Rubio D)   Labor Code Private Attorneys General Act of 2004: construction industry.

 

Current Text: Chaptered: 9/19/2018  

 

Status: 9/19/2018-Approved by the Governor. Chaptered by Secretary of State - Chapter 529, Statutes of 2018.

 

Summary: The Labor Code Private Attorneys General Act of 2004 authorizes an aggrieved employee to bring a civil action to recover specified civil penalties that would otherwise be assessed and collected by the Labor and Workforce Development Agency, on behalf of the employee and other current or former employees for the violation of certain provisions affecting employees. This bill would except from the act an employee in the construction industry, as defined, with respect to work performed under a valid collective bargaining agreement in effect any time before January 1, 2025, that contains certain provisions, including, among others, a grievance and binding arbitration procedure to redress violations that authorizes the arbitrator to award otherwise available remedies.

 

 

 

 

 

AB 1976

(Limón D)   Employment: lactation accommodation.

 

Current Text: Chaptered: 9/30/2018 

 

Status: 9/30/2018-Signed by the Governor

 

Summary: Current law requires every employer to provide a reasonable amount of break time to accommodate an employee desiring to express breast milk for the employee’s infant child and requires an employer to make reasonable efforts to provide the employee with the use of a room or other location, other than a toilet stall, in close proximity to the employee’s work area for the employee to express milk in private. Current law makes a violation of these provisions subject to a civil penalty and makes the Labor Commissioner responsible for enforcement. This bill would instead require an employer to make reasonable efforts to provide an employee with use of a room or other location, other than a bathroom, for these purposes.

 

 

 

 

 

AB 2055

(Levine D)   Legislative ethics: harassment: education: lobbying.

 

Current Text: Chaptered: 9/30/2018   

 

Status: 9/30/2018-Signed by the Governor

 

Summary: Current law requires the legislative ethics committees of each house of the Legislature to conduct at least semiannually an orientation course on the relevant ethical issues and law related to lobbying.This bill would require that orientation course to include information on each house of the Legislature’s policies against harassment, including sexual harassment, in connection with lobbying activities..

 

 

 

 

 

AB 2185

(Chiu D)   Civil actions: appointment of guardian ad litem.

 

Current Text: Chaptered: 9/27/2018   

 

Status: 9/27/2018-Approved by the Governor. Chaptered by Secretary of State - Chapter 817, Statutes of 2018.

 

Summary: Would authorize a court to permit a guardian ad litem to be appointed and appear under a pseudonym if the guardian ad litem establishes facts and circumstances that demonstrate an overriding interest in preserving his or her anonymity. The bill would require the court to make specified findings in granting that permission. If a guardian ad litem is permitted to appear under a pseudonym, the bill would require all court decisions, orders, petitions, and other documents to be written in a manner that protects the name and personal identifying information of the guardian ad litem from public disclosure, except to the extent the information is necessary to permit a party to prosecute, defend, or resolve the action.

 

 

 

 

 

AB 2230

(Berman D)   Civil actions.

 

Current Text: Chaptered: 9/10/2018   

 

Status: 9/10/2018-Approved by the Governor. Chaptered by Secretary of State - Chapter 317, Statutes of 2018.

 

Summary: Current law authorizes a court to determine a motion for a new trial or a motion to set aside and vacate a judgment within 60 days after the mailing of notice of entry of judgment by the clerk of the court, or 60 days after service on the moving party by any party of written notice of entry of judgment, or, if that notice has not been given, within 60 days after filing the first notice of intention to move for a new trial or to set aside and vacate a judgment. This bill would extend each of the periods described above to 75 days and make nonsubstantive, technical changes to these provisions.

 

 

 

 

 

AB 2282

(Eggman D)   Salary history information.

 

Current Text: Chaptered: 7/18/2018   

 

Status: 7/18/2018-Approved by the Governor. Chaptered by Secretary of State - Chapter 127, Statutes of 2018.

 

Summary: Current law prohibits an employer from relying on the salary history information of an applicant for employment as a factor in determining whether to offer an applicant employment or what salary to offer an applicant, except in specified circumstances. Current law requires an employer, upon reasonable request, to provide the pay scale for a position to an applicant applying for employment. This bill would define “pay scale,” “reasonable request,” and “applicant” for purposes of these provisions.

 

 

 

 

 

AB 2587

(Levine D)   Disability compensation: paid family leave.

 

Current Text: Chaptered: 7/9/2018  

 

Status: 7/9/2018-Approved by the Governor. Chaptered by Secretary of State - Chapter 80, Statutes of 2018.

 

Summary: Current law, before January 1, 2018, deemed an individual to be eligible for family temporary disability benefits if, among other things, the individual was unable to perform his or her regular or customary work for a 7-day waiting period during each disability benefit period, and prohibited payments for benefits during this waiting period. Current law, on and after January 1, 2018, removes the 7-day waiting period for these benefits. Current law authorizes an employer to require an employee to take up to 2 weeks of earned but unused vacation before, and as a condition of, the employee’s initial receipt of these benefits during any 12-month period in which the employee is eligible for these benefits. Existing law specifies that if an employer so requires an employee to take vacation leave, that portion of the vacation leave that does not exceed one week is to be applied to the waiting period. This bill would delete that application of vacation leave to the waiting period, consistent with the removal of the 7-day waiting period for these benefits on and after January 1, 2018.

 

 

 

 

 

AB 2599

(Holden D)   Criminal records.

 

Current Text: Chaptered: 9/21/2018

 

Status: 9/21/2018-Approved by the Governor. Chaptered by Secretary of State - Chapter 653, Statutes of 2018.

 

Summary: Current law authorizes a person who has suffered an arrest that did not result in conviction to petition the court to have his or her arrest and related records sealed. Current law requires the Judicial Council to furnish forms to be utilized by a person applying to have his or her arrest sealed. This bill would require a facility at which an arrestee is detained to, at the request of the arrestee upon release, provide the forms described above to the arrestee. The bill would additionally require a facility at which an arrestee is detained to post a sign that contains a specified notice regarding the sealing of arrests.

 

 

 

 

 

AB 2601

(Weber D)   Pupil instruction: sexual health education: charter schools.

 

Current Text: Chaptered: 9/18/2018

 

Status: 9/18/2018-Approved by the Governor. Chaptered by Secretary of State - Chapter 495, Statutes of 2018.

 

Summary: Would require, commencing with the 2019–20 school year, charter schools to ensure that all pupils in grades 7 to 12, inclusive, receive comprehensive sexual health education and HIV prevention education, as specified. By imposing additional requirements on charter schools, this bill would impose a state-mandated local program.

 

 

 

 

 

AB 2605

(Gipson D)   Rest breaks: petroleum facilities: safety-sensitive positions.

 

Current Text: Chaptered: 9/20/2018

 

Status: 9/20/2018-Approved by the Governor. Chaptered by Secretary of State - Chapter 584, Statutes of 2018.

 

Summary: Current law prohibits an employer from requiring an employee to work during a mandated meal or rest or recovery period, as specified. Current law requires an employer who fails to provide an employee a mandated meal or rest or recovery period to pay the employee one additional hour of pay at the employee’s regular rate of compensation for each workday that the meal or rest or recovery period was not provided. Current law provides certain exemptions from these requirements. This bill, until January 1, 2021, would exempt specified employees who hold a safety-sensitive position at a petroleum facility, as those terms are defined, from the rest and recovery period requirements.

 

 

 

 

 

AB 2610

(Aguiar-Curry D)   Employees: meal periods.

 

Current Text: Chaptered: 7/20/2018

 

Status: 7/20/2018-Approved by the Governor. Chaptered by Secretary of State - Chapter 148, Statutes of 2018.

 

Summary: Would authorize a commercial driver employed by a motor carrier transporting nutrients and byproducts from a licensed commercial feed manufacturer to a customer located in a remote rural location to commence a meal period after 6 hours of work, if the regular rate of pay of the driver is no less than one and one-half times the state minimum wage and the driver receives overtime compensation in accordance with specific provisions of existing law.

 

 

 

 

 

AB 2770

(Irwin D)   Privileged communications: communications by former employer: sexual harassment.

 

Current Text: Chaptered: 7/9/2018  

 

Status: 7/9/2018-Approved by the Governor. Chaptered by Secretary of State - Chapter 82, Statutes of 2018.

 

Summary: Current law makes certain publications and communications privileged and therefore protected from civil action, including certain communications concerning the job performance or qualifications of an applicant for employment that are made without malice by a current or former employer to a prospective employer. This bill would include among those privileged communications complaints of sexual harassment by an employee, without malice, to an employer based on credible evidence and communications between the employer and interested persons regarding a complaint of sexual harassment and would authorize an employer to answer, without malice, whether the employer would rehire an employee and whether or not a decision to not rehire is based on the employer’s determination that the former employee engaged in sexual harassment.

 

 

 

 

 

AB 3109

(Stone, Mark D)   Contracts: waiver of right of petition or free speech.

 

Current Text: Chaptered: 9/30/2018

 

Status: 9/30/2018-Signed by the Governor

 

Summary: Would make a provision in a contract or settlement agreement void and unenforceable if it waives a party’s right to testify in an administrative, legislative, or judicial proceeding concerning alleged criminal conduct or sexual harassment.

 

 

 

 

 

AB 3247

(Committee on Judiciary)   Arbitration: agreements: enforcement.

 

Current Text: Chaptered: 7/16/2018

 

Status: 7/16/2018-Approved by the Governor. Chaptered by Secretary of State - Chapter 106, Statutes of 2018.

 

Summary: Current law requires a court, on petition of a party to an arbitration agreement alleging (1) the existence of a written agreement to arbitrate a controversy and (2) that a party to the agreement refuses to arbitrate the controversy, to order the petitioner and the respondent to arbitrate the controversy if the court determines that an agreement to arbitrate exists, unless the court makes other determinations, including, among other things, that grounds exist for the revocation of the agreement. This bill would change that determination to specify instead that grounds exist for rescission of the agreement. The bill would make other nonsubstantive changes.

 

 

 

 

 

AB 3250

(Committee on Judiciary)   Civil law: civil rights.

 

Current Text: Chaptered: 9/26/2018

 

Status: 9/26/2018-Approved by the Governor. Chaptered by Secretary of State - Chapter 776, Statutes of 2018.

 

Summary: Current law encompasses provisions pertaining to the civil law of the state, including laws concerning persons, property, and obligations, among other subjects. This bill would declare the intent of the Legislature to enact omnibus legislation relating to civil law.

 

 

 

SB 224

(Jackson D)   Personal rights: civil liability and enforcement.

 

 

Current Text: Chaptered: 9/30/2018

 

Status: 9/30/2018-Signed by the Governor

 

Summary: Would include within the elements in a cause of action for sexual harassment when the plaintiff proves, among other things, that the defendant holds himself or herself out as being able to help the plaintiff establish a business, service, or professional relationship with the defendant or a 3rd party. The bill would eliminate the element that the plaintiff prove there is an inability by the plaintiff to easily terminate the relationship. The bill would include an investor, elected official, lobbyist, director, and producer among those listed persons who may be liable to a plaintiff for sexual harassment.

 

 

 

 

SB 419

(Portantino D)   Legislature: Whistleblower protection and retaliation prevention.

 

 

Current Text: Chaptered: 9/30/2018

 

Status: 9/30/2018-Signed by the Governor

 

Summary: The Legislative Employee Whistleblower Protection Act imposes criminal and civil liability on a Member of the Legislature or legislative employee, as defined, who interferes with, or retaliates against, a legislative employee’s exercise of the right to make a protected disclosure, which is defined as a good faith allegation made by a legislative employee to specified entities that a Member of the Legislature or a legislative employee has engaged in, or will engage in, activity that may constitute a violation of law or a violation of a legislative standard of conduct. This bill would define “protected disclosure” for purposes of that act to also include a complaint made at the request of a legislative employee and a complaint made against a nonemployee in specified circumstances.

 

 

 

 

SB 820

(Leyva D)   Settlement agreements: confidentiality.

 

 

Current Text: Chaptered: 9/30/2018

 

Status: 9/30/2018-Signed by the Governor

 

Summary: Current law prohibits a provision in a settlement agreement that prevents the disclosure of factual information related to the action in a civil action with a factual foundation establishing a cause of action for civil damages for certain enumerated sexual offenses. This bill would prohibit a provision in a settlement agreement that prevents the disclosure of factual information relating to certain claims of sexual assault, sexual harassment, or harassment or discrimination based on sex, that are filed in a civil or administrative action. The bill would make a provision in a settlement agreement that prevents the disclosure of factual information related to the claim, as described in the bill, entered into on or after January 1, 2019, void as a matter of law and against public policy.

 

 

 

 

SB 867

(Committee on Budget and Fiscal Review)   Legislative Counsel: workplace conduct services.

 

 

Current Text: Chaptered: 9/17/2018

 

Status: 9/17/2018-Approved by the Governor. Chaptered by Secretary of State. Chapter 450, Statutes of 2018.

 

Summary: Would require the Legislative Counsel to establish a unit within the Legislative Counsel Bureau to provide advice and investigation services to the Legislature related to workplace misconduct. The bill would require the unit to accept and investigate reports and complaints of workplace misconduct, as authorized by the Legislature. The bill would require the Legislative Counsel to employ a director of the unit, one or more investigators, and additional staff as appropriate, and would require, notwithstanding existing law, the Legislative Counsel to be granted career executive assignments, at his or her request, to fill the positions of director and investigator.

 

 

 

 

SB 954

(Wieckowski D)   Mediation: confidentiality: disclosure.

 

 

Current Text: Chaptered: 9/11/2018

 

Status: 9/11/2018-Approved by the Governor. Chaptered by Secretary of State. Chapter 350, Statutes of 2018.

 

Summary: Would, except in the case of a class or representative action, require an attorney representing a person participating in a mediation or a mediation consultation to provide his or her client, as soon as reasonably possible before the client agrees to participate in the mediation or mediation consultation, with a printed disclosure, as specified, containing the confidentiality restrictions related to mediation, and to obtain a printed acknowledgment signed by that client stating that he or she has read and understands the confidentiality restrictions.

 

 

 

 

SB 970

(Atkins D)   Employment: human trafficking awareness.

 

 

Current Text: Chaptered: 9/27/2018

 

Status: 9/27/2018-Approved by the Governor. Chaptered by Secretary of State. Chapter 842, Statutes of 2018.

 

Summary: Would amend FEHA to require specified employers to provide at least 20 minutes of prescribed training and education regarding human trafficking awareness to employees who are likely to interact or come into contact with victims of human trafficking, as defined. The bill would establish a schedule for compliance commencing January 1, 2020. The bill would authorize the Department of Fair Employment and Housing, in the case of an employer violation of the bill’s requirements, to seek an order requiring compliance.

 

 

 

 

SB 1123

(Jackson D)   Disability compensation: paid family leave.

 

 

Current Text: Chaptered: 9/27/2018

 

Status: 9/27/2018-Approved by the Governor. Chaptered by Secretary of State. Chapter 849, Statutes of 2018.

 

Summary: Would, on and after January 1, 2021, expand the scope of the family temporary disability insurance program to include time off to participate in a qualifying exigency related to the covered active duty, as defined, or call to covered active duty of the individual’s spouse, domestic partner, child, or parent in the armed forces of the United States, as specified.

 

 

 

 

SB 1252

(Pan D)   Wages: records: inspection and copying.

 

 

Current Text: Chaptered: 9/17/2018

 

Status: 9/17/2018-Approved by the Governor. Chaptered by Secretary of State. Chapter 464, Statutes of 2018.

 

Summary: Current law grants current and former employees of employers who are required to keep this information the right to inspect or copy records pertaining to their employment, upon reasonable request. Current law requires an employer to respond to these requests within a specified time and prescribes a penalty of $750 for an employer's failure to permit a current or former employee to inspect or copy records within that time, to be recovered by the employee or the Labor Commissioner.This bill would provide that employees have the right to receive a copy of the employment records described above and apply the associated time requirements and penalty provisions in this context.

 

 

 

 

SB 1300

(Jackson D)   Unlawful employment practices: discrimination and harassment.

 

 

Current Text: Chaptered: 9/30/2018

 

Status: 9/30/2018-Signed by the Governor

 

Summary: The California Fair Employment and Housing Act makes it an unlawful employment practice for an employer, labor organization, employment agency, apprenticeship training program, or any training program leading to employment, to engage in harassment of an employee or other specified person. FEHA also makes harassment of those persons by an employee, other than an agent or supervisor, unlawful if the entity, or its agents or supervisors, knows or should have known of this conduct and fails to take immediate and appropriate corrective action.This bill would specify that an employer may be responsible for the acts of nonemployees with respect to other harassment activity.

 

 

 

 

SB 1312

(Jackson D)   State public employees: sick leave: veterans with service-related disabilities.

 

 

Current Text: Chaptered: 9/18/2018

 

Status: 9/18/2018-Approved by the Governor. Chaptered by Secretary of State. Chapter 516, Statutes of 2018.

 

Summary: The California Wounded Warriors Transitional Leave Act grants a state officer or employee who is a veteran hired on or after January 1, 2016, with a service-connected disability rated at 30% or more by the United States Department of Veterans Affairs, an additional credit for sick leave with pay of up to 96 hours for the purpose of undergoing medical treatment for his or her military service-related disability. Current law requires that the sick leave be credited to a qualifying officer or employee on the first day of employment and remain available for use for the following 12 months of employment. This bill would extend that benefit to a state officer or employee employed on or after January 1, 2016, who is a veteran with a service-connected disability rated at 30% or more by the United States Department of Veterans Affairs.

 

 

 

 

SB 1343

(Mitchell D)   Employers: sexual harassment training: requirements.

 

 

Current Text: Chaptered: 9/30/2018

 

Status: 9/30/2018-Signed by the Governor

 

Summary: Would require an employer who employs 5 or more employees, including temporary or seasonal employees, to provide at least 2 hours of sexual harassment training to all supervisory employees and at least one hour of sexual harassment training to all nonsupervisory employees by January 1, 2020, and once every 2 years thereafter, as specified. The bill would require the Department of Fair Employment and Housing to develop or obtain 1-hour and 2-hour online training courses on the prevention of sexual harassment in the workplace, as specified, and to post the courses on the department’s Internet Web site.

 

 

 

 

SB 1402

(Lara D)   Labor contracting: customer liability.

 

 

Current Text: Chaptered: 9/22/2018

 

Status: 9/22/2018-Approved by the Governor. Chaptered by Secretary of State. Chapter 702, Statutes of 2018.

 

Summary: Would require a customer that, as part of its business, engages or uses to perform port drayage services a port drayage motor carrier, as defined, that is on a list established by the Division of Labor Standards Enforcement and posted on its Internet Web site pursuant to the bill to share with the motor carrier all civil legal responsibility and civil liability for port drayage services obtained after the date the motor carrier appeared on the list, as specified.

 

 

 

 

SB 1412

(Bradford D)   Applicants for employment: criminal history.

 

 

Current Text: Chaptered: 9/30/2018

 

Status: 9/30/2018-Signed by the Governor

 

Summary: Current law prohibits an employer, whether a public agency or private individual or corporation, from asking an applicant for employment to disclose, from seeking from any source, or from utilizing as a factor in determining any condition of employment, information concerning participating in a pretrial or posttrial diversion program or concerning a conviction that has been judicially dismissed or ordered sealed, as provided. This bill would specify that these provisions do not prohibit an employer, including a public agency or private individual or corporation, from asking an applicant about, or seeking from any source information regarding, a particular conviction of the applicant if, pursuant to federal law, federal regulation, or state law, (1) the employer is required to obtain information regarding the particular conviction of the applicant, regardless of whether the conviction has been expunged, judicially ordered sealed, statutorily eradicated, or judicially dismissed following probation, (2) the applicant would be required to possess or use a firearm in the course of his or her employment, (3) an individual with that particular conviction is prohibited by law from holding the position sought, regardless of whether the conviction has been expunged, judicially ordered sealed, statutorily eradicated, or judicially dismissed following probation, or (4) the employer is prohibited by law from hiring an applicant who has that particular conviction, regardless of whether the conviction has been expunged, judicially ordered sealed, statutorily eradicated, or judicially dismissed following probation.

 

 

 

 

SB 1428

(McGuire D)   Minors: employment: work permits.

 

 

Current Text: Chaptered: 9/15/2018

 

Status: 9/14/2018-Approved by the Governor. Chaptered by Secretary of State. Chapter 420, Statutes of 2018.

 

Summary: Current law authorizes, among others, the superintendent of a school district, a county superintendent of schools, and the chief executive officer of a charter school to issue a work permit to a minor, subject to specified requirements and conditions. Current law provides requirements and conditions for work permits on the basis of the minor’s age, and relating to the type of work and the number of hours and periods of the year that a minor is authorized to work. This bill would prohibit the denial of a work permit on the basis of a pupil’s grades, grade point average, or school attendance if the pupil is applying for the work permit in order to participate in a government-administered employment and training program program that will occur during the regular summer recess or vacation of the school that the pupil attends.

         

 

  VETOED

 

 

 

 

 

AB 479

(Gonzalez Fletcher D)   Workers’ compensation: permanent disability apportionment.

 

Current Text: Vetoed: 9/23/2018   

 

Status: 9/23/2018-Vetoed by Governor.

 

Summary: Current law requires apportionment of permanent disability to be based on causation, and a physician who prepares a report addressing the issue of permanent disability due to a claimed industrial injury is required to address the issue of causation of the permanent disability. The physician is required to make an apportionment determination by finding the approximate percentage of permanent disability that was caused by the direct result of injury arising out of and occurring in the course of employment. This bill would require, if an employee sustains an injury arising out of and in the course of employment resulting in breast cancer, specified impairments to be considered, including the presence or absence of the organ, skin disfigurement, and pain, among other things.

 

Governor's Message: To the Members of the California State Assembly: I am returning Assembly Bill 479 without my signature. This bill would require physicians to consider a specific list of impairments when determining a worker's disability for the purposes of workers' compensation when that worker suffers from breast cancer. This proposal is similar to three previous measures that I have vetoed, Assembly Bill 570 in 2017, Assembly Bill 1643 in 2016 and Assembly 305 in 2015. This bill and its predecessors have repeatedly singled out specific conditions and proposed a special set of rules that apply to them. This would result in an even more complex workers' compensation system that would essentially be "disease by statute," which would ultimately burden injured workers seeking quick resolution to their claims.  Policy questions about the adequacy of the State's workers' compensation system are best addressed through empirically based research and analysis. Therefore, I am directing the Division of Workers' Compensation Administrative Director, in consultation with the Commission on Health and Safety and Workers' Compensation, to contract with an outside independent research organization to undertake an evidenced based evaluation of the issue. Specifically, the Administrative Director should review the following: 1. Do the standards for determining impairment due to occupational injury or illness accurately reflect the level of impairment caused by industrial cancer? 2. Study and compare the differences between the fifth and sixth editions of the American Medical Association Guides with respect to determining impairment resulting from industrial cancer. 3. Do the standards for determining impairment resulting from industrial cancer exhibit bias based on immutable characteristics such as gender, race or ethnicity? Every stakeholder in the workers' compensation system, but specifically the injured workers directly affected, has a vested interest in a comprehensive response to the issues raised by this series of bills. I am directing the Administrative Director to report on these questions by March 1, 2020 in order to inform the Legislature and key stakeholders on how best to address the important issues raised by this bill.  Sincerely, Edmund G. Brown Jr.

 

 

 

 

 

AB 1867

(Reyes D)   Employment discrimination: sexual harassment: records.

 

Current Text: Vetoed: 9/30/2018   

 

Status: 9/30/2018-Vetoed by the Governor

 

Summary: Would require an employer with 50 or more employees to maintain internal complaint records of employee complaints alleging sexual harassment for a minimum of 5 years after the last day of employment of the complainant or any alleged harasser named in the complaint, whichever is later. The bill would authorize the Department of Fair Employment and Housing to seek an order requiring an employer that violates this recordkeeping requirement to comply.

 

 

 

 

 

AB 1870

(Reyes D)   Employment discrimination: limitation of actions.

 

Current Text: Vetoed: 9/30/2018   

 

Status: 9/30/2018-Vetoed by the Governor

 

Summary: Current law, the California Fair Employment and Housing Act, makes specified employment and housing practices unlawful, including discrimination against or harassment of employees and tenants, among others. Current law authorizes a person claiming to be aggrieved by an alleged unlawful practice to file a complaint with the Department of Fair Employment and Housing within one year from the date upon which the unlawful practice occurred, unless otherwise specified. This bill would extend the above-described period to 3 years for complaints alleging employment discrimination, as specified.

 

 

 

 

 

AB 1916

(Cooper D)   Civil service: Personnel Classification Plan: salary equalization.

 

Current Text: Vetoed: 9/30/2018

 

Status: 9/30/2018-Vetoed by the Governor

 

Summary: Would require the Department of Human Resources to, by December 13, 2019, and every 2 years thereafter, evaluate all civil service classifications and prepare a detailed report on gender and ethnicity pay equity in each classification where there is an underrepresentation of women and minorities. The bill would require each state agency to submit specified information to the department about each state civil service certification within the agency. The bill would require the department to prepare a plan for each state agency to attain pay equity if a discrepancy is found and a specified plan to recruit, attract, and retain women and minorities into positions where there is an underrepresentation of those subgroups.

 

 

 

 

 

AB 2079

(Gonzalez Fletcher D)   Janitorial workers: sexual violence and harassment prevention training.

 

Current Text: Vetoed: 9/30/2018

 

Status: 9/30/2018-Vetoed by the Governor

 

Summary: Current law establishes certain protections for janitorial workers, including a requirement that the Division of Labor Standards Enforcement, by January 1, 2019, establish a biennial in-person sexual violence and harassment prevention training requirement for certain employees and employers with the assistance of a prescribed advisory committee to be convened by the director. Current law, effective July 1, 2018, requires employers of at least one employee and one or more covered workers, as defined, who provide janitorial services, as specified, to register with the commissioner annually and prohibits them from conducting business without a registration. This bill would prohibit the division from approving a registration, as described above, if the employer does not include in his or her written application the name of any subcontractor or franchise servicing contracts affiliated with a branch location and the number of subcontracted or franchise employees servicing each of those contracts, the total number of employees working out of a listed branch office, and the address of each work location serviced by a branch office.

 

 

 

 

 

AB 2317

(Eggman D)   Whistleblower protection: county patients’ rights advocates.

 

Current Text: Vetoed: 9/19/2018

 

Status: 9/19/2018-Vetoed by Governor.

 

Summary: Current law prohibits an employer, as defined, or any person acting on behalf of the employer, as defined, from, among other things, preventing an employee from, or retaliating against an employee for, providing information to, or testifying before, any public body conducting an investigation, hearing, or inquiry, if the employee has reasonable cause to believe that the information discloses a violation of a law, regardless of whether disclosing the information is part of the employee’s job duties. This bill would extend the protections afforded to employees under these provisions to county patients’ rights advocates appointed or under contract to provide services relating to mental health advocacy.

 

Governor's Message: To the Members of the California State Assembly: I am returning Assembly Bill 2317 without my signature. This bill would extend whistleblower protections afforded to employees to patients' rights advocates regardless of whether they are an employee, an independent contractor, or a business entity.  While I am supportive of the larger policy goal of this bill, to protect the work of patient rights advocates, this is not the appropriate framework. The bill would expand the Labor Commissioner's jurisdiction beyond the typical employer-employee relationship into larger contract disputes between independent contractors and local governments. I do not believe such a broad change in law is warranted when there is limited evidence of a problem.  Sincerely, Edmund G. Brown Jr.

 

 

 

 

 

AB 2496

(Gonzalez Fletcher D)   Janitorial employees: employment status: burden of proof.

 

Current Text: Vetoed: 9/23/2018

 

Status: 9/23/2018-Vetoed by Governor.

 

Summary: Current law creates a rebuttable presumption that a worker performing services for which a license is required under specified statutes, is an employee rather than an independent contractor. Current law provides specified criteria to determine whether the worker is an employee or an independent contractor.This bill would provide that a property service employer would be subject to the rebuttable presumption provisions that its workers are employees rather than independent contractors.

 

Governor's Message: To the Members of the California State Assembly: I am returning Assembly Bill 2496 without my signature. This bill would establish in statute the presumption that persons who perform services for janitorial employers are employees rather than independent contractors. I share the Author's concern about protecting the most vulnerable workers as well as the general concern about providing clarity regarding worker classification. The California Supreme Court recently issued a significant decision establishing a new test to determine whether a worker is properly classified as an employee or an independent contractor, Dynamex Operations West, Inc. v. Superior Court (2018) 4 Cal.5th 903. The Administration and the Legislature are still reviewing this decision and any statutory changes to such tests would be premature. Sincerely, Edmund G. Brown Jr.

 

 

 

 

 

AB 2713

(Rodriguez D)   Public employment: sexual harassment tracking.

 

Current Text: Vetoed: 9/30/2018

 

Status: 9/30/2018-Vetoed by the Governor

 

Summary: Would require the equal employment officer of each state agency to, by July 1, 2019, and annually on that date thereafter, submit a report to the Department of Human Resources that contains specified information relating to sexual harassment complaints received by, or filed with, that agency within a specified time period, and information related to any judgment or settlement paid or received by the agency relating to sexual harassment. The bill would prohibit the equal employment officer from including in the report any individually identifiable information pertaining to a complainant or witness.

 

 

 

 

 

AB 2732

(Gonzalez Fletcher D)   Employment: unfair immigration-related practices: janitorial workers: sexual violence and harassment prevention training.

 

Current Text: Vetoed: 9/30/2018

 

Status: 9/30/2018-Vetoed by the Governor

 

Summary: Would make it unlawful for an employer to knowingly destroy, conceal, remove, confiscate, or possess any actual or purported passport or other immigration document, or any other actual or purported government identification document of another person in the course of committing, or with the intent to commit, trafficking, peonage, slavery, involuntary servitude, or a coercive labor practice. The bill would impose specified civil and criminal penalties for a violation. The bill would also authorize the Labor Commissioner to issue a citation for a violation, as prescribed.

 

 

 

 

 

AB 2819

(Holden D)   University of California: study: high technology companies: employees.

 

Current Text: Vetoed: 9/30/2018

 

Status: 9/30/2018-Vetoed by the Governor

 

Summary: Would request the Ralph J. Bunche Center for African American Studies at the University of California, Los Angeles, to conduct a biennial study on the racial, ethnic, gender, and LGBT diversity of the board of directors and employees of high technology companies in the United States, and would request that the study include, among other things, the number of people employed by high technology companies of each race, ethnicity, and gender, and who self-identify as LGBT. The bill would request the University of California to post a report of the study on its Internet Web site and to submit a report of the study to the Legislature, on or before January 1, 2021, and every two years thereafter, until January 1, 2031.

 

 

 

 

 

AB 3080

(Gonzalez Fletcher D)   Employment discrimination: enforcement.

 

Current Text: Vetoed: 9/30/2018

 

Status: 9/30/2018-Vetoed by the Governor

 

Summary: Would prohibit a person from, as a condition of employment, continued employment, the receipt of any employment-related benefit, or as a condition of entering into a contractual agreement, prohibiting an applicant for employment, employee, or independent contractor from disclosing to any person an instance of sexual harassment that the employee or independent contractor suffers, witnesses, or discovers in the workplace or in the performance of the contract, or otherwise opposing any lawful practice, or from exercising any right or obligation or participating in any investigation or proceeding with respect to unlawful harassment or discrimination.

 

 

 

 

 

AB 3081

(Gonzalez Fletcher D)   Employment: sexual harassment.

 

Current Text: Vetoed: 9/30/2018

 

Status: 9/30/2018-Vetoed by the Governor

 

Summary: Current law requires a client employer, as defined, to share with a labor contractor, as defined, all civil legal responsibility and civil liability for all workers supplied by that labor contractor for the payment of wages and the failure to obtain valid workers’ compensation coverage. This bill would require a client employer to share with a labor contractor all civil legal responsibility and civil liability for harassment for all workers supplied by that labor contractor.

 

 

 

 

 

AB 3145

(Salas D)   Disability insurance: state employees.

 

Current Text: Vetoed: 9/28/2018

 

Status: 9/28/2018-Vetoed by Governor.

 

Summary: Under current law, when a state employee is disabled, whether temporarily or permanently, the employee is entitled, subject to certain conditions, to receive nonindustrial disability benefits not to exceed a specified amount per week, payable monthly for a period not exceeding 26 weeks for any one disability benefit period, unless a memorandum of understanding conflicts with this requirement. This bill would authorize a state employee who is not subject to a certain memorandum of understanding to elect to participate in the State Disability Insurance Program, as specified, in lieu of receiving nonindustrial disability benefits.

 

Governor's Message: To the Members of the California State Assembly: I am returning Assembly Bill 3145 without my signature. This bill allows state supervisors and managers to receive paid family leave benefits by enrolling into the state Disability Insurance program. The Department of Human Resources is developing a plan to offer paid family leave benefits to state managers and supervisors by July 1, 2019. This effort will not have the significant administrative costs of this bill and is therefore a better way to provide this benefit, Sincerely, Edmund G. Brown Jr.

 

 

 

 

 

 

 

SB 349

(Lara D)   Courthouses: Privilege from civil arrest.

 

Current Text: Vetoed: 9/27/2018

 

Status: 9/27/2018-Vetoed by the Governor. In Senate. Consideration of Governor's veto pending.

 

Summary: Would clarify the power of judicial officers to prevent activities that threaten access to courthouses, including by protecting the privilege from arrest. The bill would provide that no person shall be subject to civil arrest in a courthouse while attending a court proceeding or having legal business in the courthouse, and that a violation of these provisions constitutes contempt of court.

 

Governor's Message: To the Members of the California State Senate: I am returning Senate Bill 349 without my signature. This bill would protect individuals against civil arrest of any kind while attending a judicial proceeding in a courthouse. I support the underlying intent of this measure, but I am concerned that it may have unintended consequences. Last year I signed SB 54 (De Leon), a provision of which tasked the Attorney General with publishing model policies limiting assistance with immigration enforcement to the fullest extent possible at courthouses and other public facilities to ensure that they remain safe and accessible to all California residents, regardless of immigration status. I believe the prudent path is to allow for that guidance to be released before enacting new laws in this area. Sincerely, Edmund G. Brown Jr.

 

 

 

 

 

SB 926

(Skinner D)   CalWORKs and CalFresh: work requirements.

 

Current Text: Vetoed: 9/29/2018

 

Status: 9/29/2018-Vetoed by the Governor

 

Summary: Current law generally requires a recipient of CalWORKs benefits to participate in welfare-to-work activities as a condition of eligibility for aid. Current law prohibits sanctions from being applied for a failure or refusal to comply with program requirements if, among other reasons, the employment, offer of employment, activity, or other training for employment discriminates on specified bases or involves conditions that are in violation of applicable health and safety standards, or the employment or offer of employment exceeds the daily or weekly hours of work customary to the occupation. This bill would prohibit sanctions from being applied for a failure or refusal to comply with program requirements if the recipient provides documentation that the anticipated hours would be so unpredictable for that specific recipient that they would not allow the recipient to anticipate compliance with programrequirements related to the job, or if the recipient provides documentation that the scheduled hours exhibit a pattern of unpredictability for that specific recipient so that he or she cannot anticipate compliance with program requirements related to the job.

 

 

 

 

 

SB 937

(Wiener D)   Lactation accommodation.

 

Current Text: Vetoed: 9/30/2018

 

Status: 9/30/2018-Vetoed by the Governor

 

Summary: Would require an employer to provide a lactation room or location that includes prescribed features and would require an employer, among other things, to provide access to a sink and refrigerator in close proximity to the employee’s workspace, as specified. The bill would require an employer to develop and implement a policy regarding lactation accommodation and make it available to employees, as specified. The bill would also require an employer to maintain records of requests for lactation accommodation for 3 years and to give the Labor Commission access to those records.

 

 

 

 

 

SB 1223

(Galgiani D)   Construction industry: discrimination and harassment prevention policy.

 

Current Text: Vetoed: 9/30/2018

 

Status: 9/30/2018-Vetoed by the Governor

 

Summary: Current law creates the Division of Labor Standards Enforcement within the Department of Industrial Relations and authorizes the division to investigate violations of, and to enforce the provisions of the Labor Code that are not specifically vested in any other officer, board, or commission. This bill would require the division to develop recommendations for an industry-specific harassment and discrimination prevention policy and training standard for use by employers in the construction industry, as defined.

 

 DEAD

 

 

AB 2016

(Fong R)   Labor Code Private Attorneys General Act of 2004: civil actions.

 

Current Text: Introduced: 2/5/2018

 

Status: 4/27/2018-Failed Deadline pursuant to Rule 61(b)(5). (Last location was L. & E. on 2/12/2018)

 

Summary: The Labor Code Private Attorneys General Act of 2004 authorizes an aggrieved employee who complies with specified notice and filing requirements to bring a civil action to recover specified civil penalties that would otherwise be assessed and collected by the Labor and Workforce Development Agency. The act requires that the aggrieved employee or representative give written notice, as provided, to the agency and the employer of the specific provisions of the Labor Code alleged to have been violated, including the facts and theories to support the alleged violation. This bill would instead require the notice to include a statement setting forth the relevant facts, legal contentions, and authorities supporting each alleged violation and an estimate of the number of current and former employees against whom the alleged violation or violations were committed and on whose behalf relief is sought.

 

 

 

 

 

AB 2032

(Committee on Judiciary)   Legislature: misconduct records.

 

Current Text: Introduced: 2/6/2018

 

Status: 5/11/2018-Failed Deadline pursuant to Rule 61(b)(6). (Last location was A. PRINT on 2/6/2018)

 

Summary: Would make available under the Legislative Open Records Act certain records regarding harassment, discrimination, or other misconduct complaints made against a Member of the Legislature or a high-level employee, as defined, if the complaint is found to be true, discipline is imposed as a result of the complaint, or there is reasonable cause to believe that the complaint is well-founded. The bill would authorize redaction of certain information of the accuser, the person who made the complaint, if different than the accuser, and witnesses.

 

 

 

 

 

AB 2048

(Gonzalez Fletcher D)   Collective bargaining: Legislature.

 

Current Text: Amended: 4/12/2018

 

Status: 4/27/2018-Failed Deadline pursuant to Rule 61(b)(5). (Last location was P.E.,R. & S.S. on 4/18/2018)

 

Summary: Would enact the Legislature Employer-Employee Relations Act, to provide employees of the Legislature, including some supervisory and managerial employees, the right to form, join, and participate in the activities of employee organizations of their own choosing for the purpose of representation on all matters of employer-employee relations. The bill would prescribe rights, duties, and prohibitions in this context that parallel those in the Dills Act. The bill would prohibit the Public Employment Relations Board from including employees of the Legislature in a bargaining unit that includes employees other than those of the Legislature.

 

 

 

 

 

AB 2223

(Flora R)   Wages: written statements.

 

Current Text: Amended: 3/22/2018

 

Status: 5/11/2018-Failed Deadline pursuant to Rule 61(b)(6). (Last location was A. L. & E. on 3/22/2018)

 

Summary: Current law requires an employer, semimonthly or at the time of payment of wages, to furnish an employee, an accurate, itemized, written statement containing specified information regarding the amounts earned, hours worked, and the employee’s identity, among other things, subject to certain variations.This bill would authorize the required written statement, as described above, to be provided monthly.

 

 

 

 

 

AB 2366

(Bonta D)   Employment: victims of sexual harassment: protections.

 

Current Text: Amended: 4/25/2018

 

Status: 5/25/2018-Failed Deadline pursuant to Rule 61(b)(8). (Last location was A. APPR. SUSPENSE FILE on 5/16/2018)

 

Summary: Current law prohibits an employer from discharging, or discriminating or retaliating against, an employee who is a victim of domestic violence, sexual assault, or stalking and who takes time off from work to obtain, or attempt to obtain, any relief to help ensure the health, safety, or welfare of the victim or his or her child. Current law also prohibits an employer from discriminating or retaliating against an employee who is a victim of domestic violence, sexual assault, or stalking because of the employee’s status as a victim, if the employer has notice or knowledge of that status. This bill would extend these employment protections to victims of sexual harassment, as defined.

 

 

 

 

 

AB 2571

(Gonzalez Fletcher D)   Public employee retirement systems: investments: race and gender pay equity.

 

Current Text: Amended: 4/11/2018

 

Status: 4/27/2018-Failed Deadline pursuant to Rule 61(b)(5). (Last location was P.E.,R. & S.S. on 3/19/2018)

 

Summary: Would require a public investment fund to disclose race and gender pay equity and sexual harassment information provided to it pursuant to the bill at least once annually in a report presented at a meeting open to the public and would require the fund to provide the report upon request to a member of the Legislature. The bill would authorize the Department of Fair Employment and Housing to issue regulations for the implementation of these reporting requirements. The bill would define terms for purposes of the reporting provisions and repeal the reporting provisions on January 1, 2022.

 

 

 

 

 

AB 2613

(Reyes D)   Failure to pay wages: penalties.

 

Current Text: Amended: 5/29/2018

 

Status: 6/1/2018-Failed Deadline pursuant to Rule 61(b)(11). (Last location was A. INACTIVE FILE on 6/4/2018)

 

Summary: Current law provides for a civil penalty, in addition to, and entirely independent and apart from other penalties, on every person who fails to pay the wages of each employee, as specified, and requires the Labor Commissioner to recover that penalty. Current law requires that a specified percentage of the penalty recovered under that provision be paid into a fund within the Labor and Workforce Development Agency dedicated to educating employers about state labor laws and that the remainder be paid into the State Treasury to the credit of the General Fund. This bill would repeal those provisions and instead make an employer or other person acting on behalf of an employer, as described, who fails to pay specified wages of each employee subject to a penalty of $200, payable to each affected employee, per pay period where the wages due are not paid on time, as specified. The bill would provide that the additional penalty does not apply to the failure to pay the final wages of an employee who is discharged or quits.

 

 

 

 

 

AB 2616

(Caballero D)   Legislature: sexual harassment.

 

Current Text: Introduced: 2/15/2018

 

Status: 5/11/2018-Failed Deadline pursuant to Rule 61(b)(6). (Last location was A. PRINT on 2/15/2018)

 

Summary: Would state the intent of the Legislature to enact legislation ensuring the independent nature of an investigation into a sexual harassment complaint made by a legislative employee.

 

 

 

 

 

AB 2647

(Rubio D)   Evidence: criminal history information.

 

Current Text: Introduced: 2/15/2018

 

Status: 8/31/2018-Failed Deadline pursuant to Rule 61(b)(18). (Last location was A. 2 YEAR on 5/11/2018)

 

Summary: Under current law, evidence of a person’s criminal history may be admissible in a civil action for various purposes.This bill would prohibit evidence of the criminal history of an employee or former employee from being admitted, under specified circumstances, in a civil action that is based on the conduct of the employee or former employee against an employer, an employer’s agents, or an employer’s employees.

 

 

 

 

 

AB 2651

(Kiley R)   Civil actions.

 

Current Text: Amended: 4/17/2018 

 

Status: 5/11/2018-Failed Deadline pursuant to Rule 61(b)(6). (Last location was A. JUD. on 3/8/2018)

 

Summary: Existing law requires a motion for summary judgment or summary adjudication in a civil action or proceeding to be heard no later than 30 days before the date of the trial in the action or proceeding. This bill would require the motion to be heard no later than 45 days before the date of trial. The bill would authorize the moving party to arrange the separate statement of undisputed facts by cause of action or count, and would require the separate statement filed in support of any opposition to be arranged in the same order as the moving party’s separate statement with respect to facts contended to be undisputed.

 

 

 

 

 

AB 2680

(Jones-Sawyer D)   Employment: applicants: criminal conviction history consent form.

 

Current Text: Introduced: 2/15/2018

 

Status: 4/27/2018-Failed Deadline pursuant to Rule 61(b)(5). (Last location was L. & E. on 3/8/2018)

 

Summary: The Fair Employment and Housing Act, prohibits an employer, as defined, to include on any application for employment any question that seeks the disclosure of an applicant’s conviction history, to inquire into or consider the conviction history of an applicant until that applicant has received a conditional offer, and, when conducting a conviction history background check, to consider, distribute, or disseminate information related to specified prior arrests, diversions, and convictions. This bill would, under those laws relating to contract and applications for employment, require the Department of Justice to adopt a standard form for use by an employer, whether public or private, seeking the consent of an applicant for employment to conduct a conviction history background check on that applicant by the department, as specified.

 

 

 

 

 

AB 2709

(Cooper D)   Class actions: judgments: residual funds.

 

Current Text: Amended: 4/2/2018   

 

Status: 5/11/2018-Failed Deadline pursuant to Rule 61(b)(6). (Last location was A. JUD. on 3/19/2018)

 

Summary: Would add nonprofit organizations or advocacy programs providing legal services to victims of sexual harassment, pay inequity, or race, ethnicity, or age discrimination to the enumerated programs described above.

 

 

 

 

 

AB 2765

(Low D)   Employment benefits: digital marketplace: contractor benefits.

 

Current Text: Amended: 3/22/2018 

 

Status: 4/27/2018-Failed Deadline pursuant to Rule 61(b)(5). (Last location was L. & E. on 3/22/2018)

 

Summary: Would authorize an organization that is a digital marketplace, as defined, to contribute to a marketplace contractor benefit plan established to provide certain employment benefits to marketplace contractors, as defined, who use the digital marketplace. Under the bill, the digital marketplace would make the election by providing written notice of the election and paying no more than a $500 administrative fee to the Employment Development Department.

 

 

 

 

 

AB 2827

(Allen, Travis R)   Employment regulation: immigration enforcement.

 

Current Text: Amended: 3/22/2018 

 

Status: 4/27/2018-Failed Deadline pursuant to Rule 61(b)(5). (Last location was L. & E. on 3/22/2018)

 

Summary: Would authorize an employer to provide voluntary consent to an immigration enforcement agent to enter any nonpublic areas of a place of labor, in the absence of a federal law requirement. The bill would define “voluntary consent” for those purposes. The bill would delete the penalties for a violation of entry and record access provisions. The bill would require a court to grant a prevailing defendant court costs and reasonable attorney’s fees.

 

 

 

 

 

AB 2841

(Gonzalez Fletcher D)   Sick leave: accrual and use.

 

Current Text: Introduced: 2/16/2018

 

Status: 5/25/2018-Failed Deadline pursuant to Rule 61(b)(8). (Last location was A. APPR. SUSPENSE FILE on 4/25/2018)

 

Summary: Would change the requirements of the employer’s alternate sick leave accrual method to require no less than 40 hours of accrued sick leave or paid time off by the 200th calendar day of employment, as specified. The bill would also provide an employer is under no obligation to allow an employee’s total accrual of paid of sick leave to exceed 80 hours or 10 days, as specified. The bill would raise the limitation on sick leave carried over to the following year of employment to 40 hours or 5 days.

 

 

 

 

 

AB 2875

(Mathis R)   Agricultural workers: wages, hours, and working conditions: definitions.

 

Current Text: Introduced: 2/16/2018

 

Status: 5/11/2018-Failed Deadline pursuant to Rule 61(b)(6). (Last location was A. L. & E. on 3/8/2018)

 

Summary: The Phase-In Overtime for Agricultural Workers Act of 2016 establishes a schedule that phases in overtime requirements for persons employed in an agricultural occupation over the course of 4 years, from 2019 to 2022, inclusive.Would set forth a list of occupations in which a person is deemed to be “employed in an agricultural occupation” for purposes of the act.

 

 

 

 

 

AB 2907

(Flora R)   Labor Code Private Attorneys General Act of 2004.

 

Current Text: Amended: 3/22/2018 

 

Status: 4/27/2018-Failed Deadline pursuant to Rule 61(b)(5). (Last location was L. & E. on 3/22/2018)

 

Summary: Would authorize an employer to cure any violation brought under the act regarding itemized wage statements by using the cure procedure described above. The bill also would make related conforming changes.

 

 

 

 

 

AB 2946

(Kalra D)   Division of Labor Standards Enforcement: complaint.

 

Current Text: Introduced: 2/16/2018

 

Status: 6/1/2018-Failed Deadline pursuant to Rule 61(b)(11). (Last location was A. THIRD READING on 5/25/2018)

 

Summary: Current law authorizes a person who believes he or she has been discharged or otherwise discriminated against in violation of any law under the jurisdiction of the Labor Commissioner to file a complaint with the Division of Labor Standards Enforcement within 6 months after the occurrence of the violation.This bill would extend the period to file a complaint to within 3 years after the occurrence of the violation.

 

 

 

 

 

AB 2950

(Chau D)   Civil rights.

 

Current Text: Introduced: 2/16/2018

 

Status: 5/11/2018-Failed Deadline pursuant to Rule 61(b)(6). (Last location was A. PRINT on 2/16/2018)

 

Summary: Current law, the Unruh Civil Rights Act, provides that all persons within the jurisdiction of California are free and equal no matter their national origin, citizenship, or immigration status and are entitled to full and equal accommodations, facilities, and privileges. This bill would make a nonsubstantive change to these provisions.

 

 

 

 

 

AB 2959

(Nazarian D)   Legislature: independent ombudsperson: sexual harassment.

 

Current Text: Introduced: 2/16/2018

 

Status: 5/11/2018-Failed Deadline pursuant to Rule 61(b)(6). (Last location was A. PRINT on 2/16/2018)

 

Summary: The California Whistleblower Protection Act additionally authorizes the State Auditor to conduct an investigative audit upon receiving specific information that an employee or state agency has engaged in an improper governmental activity, as defined. The act does not apply to the Legislature or employees of the Legislature. The act requires the auditor to establish a means of submitting allegations of improper governmental activity, and generally requires the State Auditor to keep confidential every investigation, including all investigative files and work product. This bill would state the intent of the Legislature to enact legislation establishing an independent ombudsperson, under the jurisdiction of the State Auditor, to investigate allegations of sexual harassment in the Legislature, as specified.

 

 

 

 

 

AB 3050

(Flora R)   Government tort claims.

 

Current Text: Introduced: 2/16/2018

 

Status: 5/11/2018-Failed Deadline pursuant to Rule 61(b)(6). (Last location was A. PRINT on 2/16/2018)

 

Summary: The Government Claims Act establishes the liability and immunity of a public entity for its acts or omissions that cause harm to persons. Current law defines specified terms for purposes of the interpretation of provisions of that act.This bill would make nonsubstantive changes to one of those definitional provisions.

 

 

 

 

 

AB 3073

(Low D)   Investor-owned utilities: contracting.

 

Current Text: Amended: 3/22/2018 

 

Status: 4/27/2018-Failed Deadline pursuant to Rule 61(b)(5). (Last location was L. & E. on 3/22/2018)

 

Summary: Current law requires a direct contractor that is awarded a public works contract involving an expenditure greater than $25,000 to give a payment bond to, and approved by, the officer or public entity by whom the contract was awarded, and authorizes specified persons that have not been paid in full to assert a claim against a payment bond, subject to specified procedures. This bill would also require a direct contractor that is awarded a contract for a project of an investor-owned utility that is subject to the Subletting and Subcontracting Fair Practices Act provisions described below to give a payment bond to, and approved by, the investor-owned public utility, and would make other conforming changes to that effect.

 

 

 

 

 

AB 3172

(Nazarian D)   Employment.

 

Current Text: Introduced: 2/16/2018

 

Status: 5/11/2018-Failed Deadline pursuant to Rule 61(b)(6). (Last location was A. PRINT on 2/16/2018)

 

Summary: Current law establishes the Department of Industrial Relations within the Labor and Workforce Development Agency and provides that one of the functions of the department is to foster, promote, and develop the welfare of wage earners of this state.This bill would make a nonsubstantive change to that provision relating to the functions of the department.

 

 

 

 

 

AB 3215

(Kalra D)   Joint Enforcement Strike Force on the Underground Economy.

 

Current Text: Introduced: 2/16/2018

 

Status: 5/11/2018-Failed Deadline pursuant to Rule 61(b)(6). (Last location was A. PRINT on 2/16/2018)

 

Summary: Current law establishes the Joint Enforcement Strike Force on the Underground Economy to facilitate the development and sharing of information to deter tax evasion and enforce cash-pay reporting laws, among other things. Current law authorizes the Labor Commissioner to authorize an employee of any of the agencies that participate in the strike force to issue citations and issue and serve a penalty assessment order. Current law prohibits an employee from issuing citations or penalty assessment orders unless the employee has been specifically designated, authorized, and trained by the Labor Commissioner for this purpose. This bill would make nonsubstantive changes to that authorization and prohibition.

 

 

 

 

 

AB 3234

(Carrillo D)   Overtime compensation.

 

Current Text: Introduced: 2/16/2018

 

Status: 5/11/2018-Failed Deadline pursuant to Rule 61(b)(6). (Last location was A. PRINT on 2/16/2018)

 

Summary: Current law provides that 8 hours of labor is a day’s work. Current law prescribes general rules for compensation for work in excess of 8 hours in a day or work in excess of 40 hours in a workweek. Current law provides that these requirements, among others, do not require an employer to combine more than one rate of overtime compensation in order to calculate the amount to be paid to an employee for any hour of overtime work.This bill would make nonsubstantive changes to these provisions.

 

 

 

 

 

SB 49

(De León D)   California Environmental, Public Health, and Workers Defense Act of 2017.

 

Current Text: Amended: 9/12/2017 

 

Status: 8/31/2018-Failed Deadline pursuant to Rule 61(b)(18). (Last location was A. RLS. on 9/11/2017)

 

Summary: Would require specified agencies to take prescribed actions to maintain and enforce certain requirements and standards pertaining to air, water, and protected species. By imposing new duties on local agencies, this bill would impose a state-mandated local program. This bill contains other related provisions and other existing laws.

 

 

 

 

 

SB 66

(Wieckowski D)   Damages: income taxes deduction.

 

Current Text: Amended: 6/18/2018

 

Status: 8/31/2018-Failed Deadline pursuant to Rule 61(b)(18). (Last location was A. RLS. on 6/25/2018)

 

Summary: The Personal Income Tax Law and the Corporation Tax Law allow various deductions in computing the income that is subject to the taxes imposed by those laws. Both laws allow a deduction for ordinary and necessary business expenses, including a deduction for amounts paid or incurred for specified types of punitive damages. This bill would, in an action in which those damages are sought, require the court to inform the trier of fact, prior to deliberation, that a tax deduction on these damages is allowed as ordinary and necessary business.

 

 

 

 

 

SB 581

(De León D)   State contributions: California Excellence Fund.

 

Current Text: Amended: 2/5/2018  

 

Status: 6/29/2018-Failed Deadline pursuant to Rule 61(b)(13). (Last location was A. REV. & TAX on 6/7/2018)

 

Summary: Would create the California Excellence Fund in the General Fund to accept monetary contributions to the State of California for exclusively public purposes. This bill would allow a donor to designate, when making the monetary contribution, which of several specified purposes for which the contribution could be used. This bill would require amounts in the California Excellence Fund to be first transferred to the General Fund and second, upon appropriation by the Legislature, for the purposes designated by donors, as provided.

 

 

 

 

 

SB 783

(Pan D)   Public employee pension funds: divestment proposals: review.

 

Current Text: Amended: 6/14/2018

 

Status: 8/31/2018-Failed Deadline pursuant to Rule 61(b)(18). (Last location was A. APPR. SUSPENSE FILE on 8/8/2018)

 

Summary: Would request the University of California to establish the Pension Divestment Review Program to assess divestment proposals. The bill would require the program to assess, upon the request of specified parties, a divestment proposal and to prepare a written analysis with relevant data on the effects of the proposal on employee pension funds and public policy, as prescribed.

 

 

 

 

 

SB 1038

(Leyva D)   California Fair Employment and Housing Act: violations: personal liability.

 

Current Text: Amended: 6/25/2018

 

Status: 8/31/2018-Failed Deadline pursuant to Rule 61(b)(18). (Last location was A. INACTIVE FILE on 8/27/2018)

 

Summary: Current law prohibits discrimination and harassment in employment based on certain factors, including race, religious creed, gender, or sex. Current aw prohibits discharging or discriminating against a person who has opposed any practices prohibited by these provisions or has filed a complaint, testified, or assisted in any proceeding for a violation of these provisions. This bill would impose personal liability on specified employees for certain actions in connection with violating the prohibition against discharging or discriminating against a person who has opposed any practices prohibited by these provisions or has filed a complaint, testified, or assisted in any proceeding for a violation.

 

 

 

 

 

SB 1284

(Jackson D)   Employers: annual report: pay data.

 

Current Text: Amended: 8/8/2018 

 

Status: 8/17/2018-Failed Deadline pursuant to Rule 61(b)(15). (Last location was A. APPR. on 8/15/2018)

 

Summary: Would require, on or before September 30, 2019, and on or before September 30 each year thereafter, a private employer that has 100 or more employees and who is required to file an annual Employer Information Report under federal law, to submit a pay data report to the Department of Fair Employment and Housing that contains specified wage information. The bill would impose specified civil penalties on any employer who does not comply with the reporting requirement, and would require any penalties collected to be deposited into the Labor Enforcement and Compliance Fund, to be allocated upon appropriation by the Legislature to the Division of Labor Standards Enforcement to enforce wage differential laws.

 

 

AB 263

(Rodriguez D)   Emergency medical services workers: rights and working conditions.

 

Current Text: Amended: 6/21/2017

 

Status: 8/31/2018-Failed Deadline pursuant to Rule 61(b)(18). (Last location was S. RLS. on 9/1/2017)

 

Summary: Would require an employer that provides emergency medical services as part of an emergency medical services system or plan to authorize and permit its employees engaged in prehospital emergency services to take prescribed rest periods, including specifying grounds for interruption of a rest period and compensation for an interrupted rest period. The bill also would require the employer to provide these employees with prescribed meal periods, including specifying grounds for interruption of a meal period and compensation for an interrupted meal period.

 

 

 

 

 

AB 1761

(Muratsuchi D)   Employee safety: hotel workers.

 

Current Text: Amended: 7/2/2018

 

Status: 8/31/2018-Failed Deadline pursuant to Rule 61(b)(18). (Last location was S. APPR. SUSPENSE FILE on 8/6/2018)

 

Summary: Would require, among other things, that a hotel employer, as defined, provide its employees, as defined, with a panic button, as specified, in order to summon immediate assistance when working alone in the guestroom. The bill would require a hotel employer to post a specified notice in each guestroom regarding these provisions. The bill would require a hotel employer to provide paid time off to an employee who is the victim of assault in order to contact the police, a counselor, medical professional, or an attorney.

 

 

 

 

 

AB 2577

(Gray D)   Personal income taxes: deductions: labor organization dues.

 

Current Text: Amended: 4/9/2018

 

Status: 8/31/2018-Failed Deadline pursuant to Rule 61(b)(18). (Last location was S. APPR. SUSPENSE FILE on 8/13/2018)

 

Summary: Would, for each taxable year beginning on or after January 1, 2018, and before January 1, 2023, allow as a deduction from gross income an amount equal to the amount paid or incurred for member dues paid by a taxpayer during the taxable year to specified labor organizations. This bill contains other related provisions.

 

 

 

 

 

AB 2628

(Rodriguez D)   State employees: memorandum of understanding: approval.

 

Current Text: Amended: 3/19/2018

 

Status: 6/29/2018-Failed Deadline pursuant to Rule 61(b)(13). (Last location was S. P.E. & R. on 6/7/2018)

 

Summary: Would approve provisions of a memorandum of understanding entered into between the state employer and State Bargaining Unit 6, the California Correctional Peace Officers Association, that require the expenditure of funds, and would provide that these provisions will become effective even if these provisions are approved by the Legislature in legislation other than the annual Budget Act. The bill would provide that provisions of the memorandum of understanding approved by this bill that require the expenditure of funds will not take effect unless funds for those provisions are specifically appropriated by the Legislature, and would require the state employer and the affected employee organization to meet and confer to renegotiate the affected provisions if funds for those provisions are not specifically appropriated by the Legislature.

 

 

 

 

 

AB 2970

(Cooper D)   Public employees: new employee orientations.

 

Current Text: Amended: 5/3/2018  

 

Status: 6/29/2018-Failed Deadline pursuant to Rule 61(b)(13). (Last location was S. JUD. on 6/11/2018)

 

Summary: Current law generally requires state and local public employers that conduct new employee orientations to provide the exclusive representative of those employees access to the orientation. Current law requires the exclusive representative to receive at least 10 days’ notice in advance of an orientation and requires that the structure, time, and manner of exclusive representative access shall be determined through mutual agreement between the employer and the exclusive representative, subject to specified requirements. This bill would require that the date, time, and place of the orientation be confidential and not be shared with anyone other than employees, the exclusive representative, or a vendor that is contracted to provide a service for purposes of the orientation.

 

 

 

 

 

SB 556

(Nguyen R)   Employees: regulation and supervision.

 

Current Text: Introduced: 2/16/2017

 

Status: 2/1/2018-Returned to Secretary of Senate pursuant to Joint Rule 56.

 

Summary: Current law regulates the wages, hours, and working conditions of employees with specified exceptions. Under current law, these provisions apply to and include men, women, and minors employed in any occupation, trade, or industry, except as provided.This bill would make nonsubstantive changes to these provisions.

 

 

 

 

 

SB 593

(Roth D)   Employment.

 

Current Text: Introduced: 2/17/2017

 

Status: 2/1/2018-Returned to Secretary of Senate pursuant to Joint Rule 56.

 

Summary: Current law establishes the Department of Industrial Relations in the Labor and Workforce Development Agency and specifies that certain provisions relating to departments of the state govern and apply to the conduct of the department.This bill would make a nonsubstantive change to that provision.

 

 

 

 

 

SB 662

(Berryhill R)   Employment: work hours.

 

Current Text: Introduced: 2/17/2017

 

Status: 2/1/2018-Returned to Secretary of Senate pursuant to Joint Rule 56.

 

Summary: Current law, with certain exceptions, establishes 8 hours as a day’s work and a 40-hour workweek, and requires payment of prescribed overtime compensation for additional hours worked. This bill would make nonsubstantive changes to that provision.

 

 

 

 

 

SB 753

(Stone R)   Employment: meal periods.

 

Current Text: Introduced: 2/17/2017

 

Status: 2/1/2018-Returned to Secretary of Senate pursuant to Joint Rule 56.

 

Summary: Current law requires an employer to provide an employee with one meal period during a work period of more than 5 hours and 2 meal periods during a work period of 10 hours, subject to certain exceptions.This bill would make nonsubstantive changes to these provisions.

 

 

 

 

 

SB 908

(Nguyen R)   Legislature: sexual harassment records and tracking.

 

Current Text: Amended: 3/1/2018   

 

Status: 8/31/2018-Failed Deadline pursuant to Rule 61(b)(18). (Last location was S. RLS. on 1/18/2018)

 

Summary: The Legislative Open Records Act authorizes any person to inspect legislative records, as defined, subject to specified exemptions. This bill would make available under the act complaint, investigation, and settlement records created on or after January 1, 1989, that reasonably relate to allegations of conduct by a Member or employee of the Legislature that violates the sexual harassment policy of the house of the Legislature in which the Member serves or the employee is employed. The bill would require that personally identifying information of victims and witnesses be redacted from the records.

 

 

 

 

 

SB 1150

(Jackson D)   Gender discrimination.

 

Current Text: Introduced: 2/14/2018

 

Status: 5/25/2018-Failed Deadline pursuant to Rule 61(b)(8). (Last location was S. APPR. SUSPENSE FILE on 4/30/2018)

 

Summary: Would require all state agencies, in consultation with the Commission on the Status of Women and Girls, to conduct an evaluation of their own departments to ensure that the state does not discriminate against women through the allocation of funding and the delivery of services. The bill, on or before January 1, 2020, and on or before January 1 every 2 years thereafter, would require state agencies to report their findings and recommendations, as specified, to the commission.

 

 

 

 

 

SB 1188

(Stone R)   Domestic workers: overtime: sleep hours.

 

Current Text: Introduced: 2/15/2018

 

Status: 4/27/2018-Failed Deadline pursuant to Rule 61(b)(5). (Last location was L. & I.R. on 4/11/2018)

 

Summary: Would authorize that a domestic work employee who is a live-in employee or is required to be on duty for 24 or more consecutive hours, to enter into a written agreement with his or her employer to exclude a sleeping period, as described, of not more than 8 hours from the employee’s working hours, provided that certain conditions are met. In the absence of an agreement, the bill would require the regularly scheduled sleeping period to count as hours worked. The bill would prohibit an employer from terminating a domestic work employee for failing to enter into such an agreement and would provide that these provisions do not apply to a domestic work employee who works fewer than 24 consecutive hours. This bill contains other related provisions and other existing laws.

 

 

 

 

 

SB 1234

(Vidak R)   Employee wages: payment.

 

Current Text: Amended: 4/12/2018 

 

Status: 4/27/2018-Failed Deadline pursuant to Rule 61(b)(5). (Last location was P.E. & R. on 4/23/2018)

 

Summary: Current law, with certain exceptions, requires that employers pay wages to their employees twice per calendar month on days designated in advance as regular paydays. A violation of that requirement is a crime. Current law exempts the payment of wages of employees directly employed by the State of California from that requirement. This bill would repeal that exemption as of January 1, 2020, thereby subjecting the payment of wages of employees directly employed by the State of California to the twice-per-month requirement. By changing the definition of a crime, this bill would impose a state-mandated local program.

 

 

 

 

 

SB 1276

(Moorlach R)   Civil proceedings: expert testimony.

 

Current Text: Amended: 4/30/2018 

 

Status: 5/11/2018-Failed Deadline pursuant to Rule 61(b)(6). (Last location was S. JUD. on 3/1/2018)

 

Summary: The California Supreme Court, in People v. Sanchez (2016) 63 Cal. 4th 665, held that statements made out of court and relied upon by an expert witness in forming the basis of the witness’s opinion are inadmissible hearsay if an expert witness testifies to the content of those statements as true and accurate in support of the expert’s opinion. This bill would abrogate the holding in that decision as it applies to proceedings under the Family Code by providing, in these proceedings, that evidence of a statement used to support the opinion of an expert is not inadmissible as hearsay if the court, in its discretion, determines that the statement is reliable, and would require the court to consider certain factors in making its determination.

 

 

 

 

 

SB 1298

(Skinner D)   The Increasing Access to Employment Act.

 

Current Text: Amended: 4/4/2018   

 

Status: 5/25/2018-Failed Deadline pursuant to Rule 61(b)(8). (Last location was S. APPR. SUSPENSE FILE on 5/7/2018)

 

Summary: Current law requires the Department of Justice to maintain state summary criminal history information and requires the Attorney General to furnish state summary criminal history information to specified entities. Current law requires the department to provide the requester with every conviction of an offense rendered against the applicant, except for a conviction for which relief was granted to a victim of human trafficking, as specified.This bill would prohibit the department from releasing, for these purposes, the record of convictions that were dismissed pursuant to specified provisions.

 

 

 

 

 

SB 1326

(Hueso D)   Construction contracts: indemnity.

 

Current Text: Amended: 3/22/2018 

 

Status: 5/11/2018-Failed Deadline pursuant to Rule 61(b)(6). (Last location was S. JUD. on 4/4/2018)

 

Summary: Current law, with specified exceptions, provides that provisions, clauses, covenants, or agreements contained in, collateral to, or affecting any construction contract entered into on or after January 1, 2013, with the owner of privately owned real property to be improved and as to which the owner is not acting as a contractor or supplier of materials or equipment to the work, that purport to impose on any contractor, subcontractor, or supplier of goods or services, or relieve the owner from, liability are unenforceable to the extent of the active negligence of the owner, including that of its employees. This bill would clarify that the contractual provisions described above are unenforceable if the liability purported to be imposed is caused, in whole or in part, by the active negligence of the owner or its employees.

 

 

 

 

 

SB 1404

(Stone R)   Pharmacists: exemption from overtime regulations.

 

Current Text: Introduced: 2/16/2018

 

Status: 4/27/2018-Failed Deadline pursuant to Rule 61(b)(5). (Last location was L. & I.R. on 3/8/2018)

 

Summary: Would provide that a person employed in the practice of pharmacy, who is participating in a postgraduate training program, as specified, who is in a field relating to the practice of pharmacy or pharmacy research, or who is performing certain procedures or functions, is not subject to coverage under any provision of the orders of the Industrial Welfare Commission.

 

 

 

 

 

SB 1405

(Skinner D)   Legal obligations.

 

Current Text: Introduced: 2/16/2018

 

Status: 8/31/2018-Failed Deadline pursuant to Rule 61(b)(18). (Last location was S. RLS. on 2/16/2018)

 

Summary: Current civil law establishes rules governing the interpretation of contracts, as prescribed, and provides that other obligations are interpreted by the same rules by which statutes of a similar nature are interpreted.This bill would make nonsubstantive changes to that provision.

 

 

 

 

 

SB 1425

(Hueso D)   Attorneys.

 

Current Text: Introduced: 2/16/2018

 

Status: 8/31/2018-Failed Deadline pursuant to Rule 61(b)(18). (Last location was S. RLS. on 2/16/2018)

 

Summary: The State Bar Act provides for the licensure and regulation of attorneys by the State Bar of California, a public corporation governed by a board of trustees. The act provides that protection of the public is the highest priority of the State Bar of California and the board of trustees in exercising their licensing, regulatory, and disciplinary functions. This bill would express the intent of the Legislature to enact legislation that would diversify the legal profession.

 

 

 

 

 

SB 1443

(Stone R)   School safety: the County of Riverside school metal detector pilot program.

 

Current Text: Amended: 6/11/2018  

 

Status: 8/31/2018-Failed Deadline pursuant to Rule 61(b)(18). (Last location was S. APPR. SUSPENSE FILE on 8/13/2018)

 

Summary: Would establish the County of Riverside school metal detector pilot program, and would authorize, as part of the pilot program, the Riverside County Office of Education to accept donations from private individuals and entities for the purpose of assisting public schools, as defined, located within the County of Riverside to purchase metal detectors through monetary grants. The bill would provide for the application for those grants by public schools located within the County of Riverside and the review of those applications and awarding of those grants to applicant public schools by the Riverside County Office of Education, as specified. If the amount donated under the pilot program reaches $900,000, the bill would appropriate $100,000 from the General Fund to the Riverside County Office of Education for the purpose of awarding those grants.