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Legislative Update
as of 3/3/2015

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. 

CELA is an organization that advocates for policy change through volunteerism. With our strong grassroots efforts, we can effect broad scale change! Like us on facebook at www.facebook.com/CELALawyers and follow us on twitter with the handle @CELA_Attorneys and @CELAVOICE.  

 
 

  Administrative Enforcement


 


  AB 756    (Chang R)   Small businesses: state agencies: civil fines and penalties.  

Current Text: Introduced: 2/25/2015   pdf   html

Status: 2/26/2015-From printer. May be heard in committee March 28. 

Desk Policy Fiscal Floor Desk Policy Fiscal Floor Conf.
Conc.
Enrolled Vetoed Chaptered
1st House 2nd House

Summary:
Would declare the intent of the Legislature to enact legislation that would authorize certain state agencies to waive penalties for small businesses within their first 120 days of operation if certain requirements are met. 


  AB 970    (Nazarian D)   Labor Commissioner: enforcement of employee claims.  

Current Text: Introduced: 2/26/2015   pdf   html

Status: 2/27/2015-From printer. May be heard in committee March 29. 

Desk Policy Fiscal Floor Desk Policy Fiscal Floor Conf.
Conc.
Enrolled Vetoed Chaptered
1st House 2nd House

Summary:
Would authorize the Labor Commissioner to enforce local laws regarding overtime hours or minimum wage provisions and to issue citations and penalties for violations. This bill also would make related conforming changes. By expanding the definition of a crime, this bill would create a state-mandated local program. This bill contains other related provisions and other existing laws.

 


  Class Action & Judiciary


 


  AB 408    (Wagner R)   Civil actions: damages.  

Current Text: Introduced: 2/19/2015   pdf   html

Status: 2/20/2015-From printer. May be heard in committee March 22. 

Desk Policy Fiscal Floor Desk Policy Fiscal Floor Conf.
Conc.
Enrolled Vetoed Chaptered
1st House 2nd House

Summary:
Current law authorizes the plaintiff, in an action for the breach of an obligation not arising from contract, when it is proven by clear and convincing evidence that the defendant has been guilty of oppression, fraud, or malice, to recover damages for the sake of example and by way of punishing the defendant in addition to the actual damages. This bill would make technical, nonsubstantive changes to this provision. 


  AB 409    (Wagner R)   Appeals.  

Current Text: Introduced: 2/19/2015   pdf   html

Status: 2/20/2015-From printer. May be heard in committee March 22. 

Desk Policy Fiscal Floor Desk Policy Fiscal Floor Conf.
Conc.
Enrolled Vetoed Chaptered
1st House 2nd House

Summary:
Current law specifies the judgments and orders from which an appeal may be taken to the court of appeal. This bill would make a technical, nonsubstantive change to this provision. 


  AB 749    (Bloom D)   Superior courts: reporters.  

Current Text: Introduced: 2/25/2015   pdf   html

Status: 2/26/2015-From printer. May be heard in committee March 28. 

Desk Policy Fiscal Floor Desk Policy Fiscal Floor Conf.
Conc.
Enrolled Vetoed Chaptered
1st House 2nd House

Summary:
Under current law, when a verbatim record of a superior court proceeding is not made at public expense, the cost of making that record is required to be paid by the parties in equal proportion, except that either party may, at his or her option, pay the whole. This bill would make technical, nonsubstantive changes to these provisions. 


  AB 1002    (Wilk R)   Civil actions: interpreter costs.  

Current Text: Introduced: 2/26/2015   pdf   html

Status: 2/27/2015-From printer. May be heard in committee March 29. 

Desk Policy Fiscal Floor Desk Policy Fiscal Floor Conf.
Conc.
Enrolled Vetoed Chaptered
1st House 2nd House

Summary:
Current law enumerates costs that a prevailing party in a civil action may recover. Current law allows a prevailing party to recover court interpreter fees if the court authorized the use of a qualified court interpreter for an indigent person represented by a qualified legal services project. This bill would allow a prevailing party to recover court interpreter fees without this condition. 

 


  Contracts


 


  AB 687    (Wilk R)   Contracts: liquidated damages.  

Current Text: Introduced: 2/25/2015   pdf   html

Status: 2/26/2015-From printer. May be heard in committee March 28. 

Desk Policy Fiscal Floor Desk Policy Fiscal Floor Conf.
Conc.
Enrolled Vetoed Chaptered
1st House 2nd House

Summary:
Would provide that if parties to a pending action stipulate for settlement of an action, as specified, a provision of the stipulation liquidating damages for breach of the stipulation is valid unless the party seeking to invalidate the liquidated damages provision establishes that the amount of liquidated damages exceeds the damages, interest, recoverable costs, and reasonable attorney's fees sought in the action. 

 


  Discrimination & Civil Rights


 


  AB 272    (Lackey R)   California Fair Employment and Housing Act.  

Current Text: Introduced: 2/11/2015   pdf   html

Status: 2/12/2015-From printer. May be heard in committee March 14. 

Desk Policy Fiscal Floor Desk Policy Fiscal Floor Conf.
Conc.
Enrolled Vetoed Chaptered
1st House 2nd House

Summary:
Under the California Fair Employment and Housing Act, it is unlawful to engage in specified discriminatory practices in employment or housing accommodations on the basis of certain specified characteristics, including race, creed, or national origin. Current law defines these characteristics and other terms for purposes of the act. This bill would make a nonsubstantive change to these definitions. 


  AB 552    (O'Donnell D)   Preferences in contracting.  

Current Text: Introduced: 2/23/2015   pdf   html

Status: 2/24/2015-From printer. May be heard in committee March 26. 

Desk Policy Fiscal Floor Desk Policy Fiscal Floor Conf.
Conc.
Enrolled Vetoed Chaptered
1st House 2nd House

Summary:
Current law sets forth various goals and timetables for participation of minorities and women with respect to state employment and certain state contracts, including contracts entered into by the University of California. This bill would make nonsubstantive changes to this provision. 


  AB 560    (Gomez D)   Civil actions: immigration status.  

Current Text: Introduced: 2/23/2015   pdf   html

Status: 2/24/2015-From printer. May be heard in committee March 26. 

Desk Policy Fiscal Floor Desk Policy Fiscal Floor Conf.
Conc.
Enrolled Vetoed Chaptered
1st House 2nd House

Summary:
Current law declares, for the purposes of enforcing state labor, employment, civil rights, and employee housing laws, that a person's immigration status is irrelevant to the issue of liability and that discovery into a person' s immigration status is prohibited unless the person seeking to make the inquiry has shown by clear and convincing evidence that the inquiry is necessary to comply with federal immigration law. This bill would additionally provide that the immigration status of a minor child seeking recovery under any applicable law is irrelevant to the issues of liability or remedy and would prohibit discovery into a minor child's immigration status, with specified exceptions. 


  AB 676    (Calderon D)   Employment: discrimination: status as unemployed.  

Current Text: Introduced: 2/25/2015   pdf   html

Status: 2/26/2015-From printer. May be heard in committee March 28. 

Desk Policy Fiscal Floor Desk Policy Fiscal Floor Conf.
Conc.
Enrolled Vetoed Chaptered
1st House 2nd House

Summary:
Would prohibit an employer or employment agency from asking an applicant for employment to disclose, orally or in writing, information concerning the applicant' s current employment status, except as specified. The bill would prohibit an employer, an employment agency, or a person operating an Internet Web site for posting jobs from interfering with, or discriminating against, a person exercising these rights. 


  AB 830    (Eggman D)   Civil actions: gender violence.  

Current Text: Introduced: 2/26/2015   pdf   html

Status: 2/27/2015-From printer. May be heard in committee March 29. 

Desk Policy Fiscal Floor Desk Policy Fiscal Floor Conf.
Conc.
Enrolled Vetoed Chaptered
1st House 2nd House

Summary:
Current law allows a person who has been subjected to gender violence to bring a civil action for damages against any responsible party and defines gender violence for this purpose as a crime of violence motivated by the gender of the victim or a physical intrusion or invasion of a sexual nature, as specified. This bill would expand the definition of gender violence to include violence committed at least in part based on the sexual orientation of the victim, as specified, and would specify that gender has the same meaning as in the Unruh Civil Rights Act. 


  AB 860    (Daly D)   Hate crimes: political affiliation.  

Current Text: Introduced: 2/26/2015   pdf   html

Status: 2/27/2015-From printer. May be heard in committee March 29. 

Desk Policy Fiscal Floor Desk Policy Fiscal Floor Conf.
Conc.
Enrolled Vetoed Chaptered
1st House 2nd House

Summary:
Would add political affiliation to the list of actual or perceived characteristics necessary to determine whether a criminal act qualifies as a hate crime. By expanding the scope of an existing crime, this bill would impose a state-mandated local program. By expanding the information that local law enforcement agencies are required to report to the Department of Justice, this bill would impose a state-mandated local program. This bill contains other related provisions and other existing laws.


  AB 984    (Calderon D)   Use of age information in employment.  

Current Text: Introduced: 2/26/2015   pdf   html

Status: 2/27/2015-From printer. May be heard in committee March 29. 

Desk Policy Fiscal Floor Desk Policy Fiscal Floor Conf.
Conc.
Enrolled Vetoed Chaptered
1st House 2nd House

Summary:
Would state the intent of the Legislature to enact legislation that would protect the privacy of employees and potential employees and would prevent age discrimination in employment by limiting public distribution of age and birth information. 


  AB 987    (Levine D)   Employment discrimination, unlawful employment practices.  

Current Text: Introduced: 2/26/2015   pdf   html

Status: 2/27/2015-From printer. May be heard in committee March 29. 

Desk Policy Fiscal Floor Desk Policy Fiscal Floor Conf.
Conc.
Enrolled Vetoed Chaptered
1st House 2nd House

Summary:
Would prohibit an employer or other covered entity from retaliating or otherwise discriminating against a person for requesting accommodation of his or her disability or religious beliefs, regardless of whether the accommodation request was granted. The bill would make related findings and declarations. This bill contains other existing laws.


  AB 1017    (Campos D)   Wages: gender pay equity.  

Current Text: Introduced: 2/26/2015   pdf   html

Status: 2/27/2015-From printer. May be heard in committee March 29. 

Desk Policy Fiscal Floor Desk Policy Fiscal Floor Conf.
Conc.
Enrolled Vetoed Chaptered
1st House 2nd House

Summary:
Current law generally prohibits an employer from paying an employee at wage rates less than the rates paid to employees of the opposite sex in the same establishment. Current law further imposes penalties on an employer who violates this provision, subjecting the employer to civil action and specifying liquidated damages that may be paid to an employee who is paid unfairly. This bill would state the intent of the Legislature that would require pay equity for women in the workplace. 


  AB 1354    (Dodd D)   Discrimination: equal pay: state contracting.  

Current Text: Introduced: 2/27/2015   pdf   html

Status: 3/2/2015-Read first time. 

Desk Policy Fiscal Floor Desk Policy Fiscal Floor Conf.
Conc.
Enrolled Vetoed Chaptered
1st House 2nd House

Summary:
Would enact the Equal Pay for Equal Work Act of 2015. The bill would require an employer with 100 or more employees, prior to becoming a contractor or subcontractor with the state, to submit an income equality program to the Department of Fair Employment and Housing for approval and certification and to submit periodic reports of its compliance with that program. The bill would require the income equality program to include the collection of summary data on the compensation paid to employees, including data sorted by gender and race, and policies designed to ensure income equality and prevent unlawful discrimination.


  AB 1383    (Jones R)   Unlawful employment practices.  

Current Text: Introduced: 2/27/2015   pdf   html

Status: 3/2/2015-Read first time. 

Desk Policy Fiscal Floor Desk Policy Fiscal Floor Conf.
Conc.
Enrolled Vetoed Chaptered
1st House 2nd House

Summary:
Under the California Fair Employment and Housing Act, it is an unlawful employment practice for an employer, unless based upon a bona fide occupational qualification or applicable security regulations established by the United States or the State of California, to refuse to hire or employ a person or to refuse to select a person for a training program leading to employment, or to bar or discharge a person from employment or a training program leading to employment, or to discriminate against a person in compensation or in terms, conditions, or privileges of employment because of the race, religious creed, color, national origin, ancestry, physical disability, mental disability, medical condition, genetic information, marital status, sex, gender, gender identity, gender expression, age, sexual orientation, or military and veteran status of that person. This bill would make nonsubstantive changes to those provisions. 


  SB 358    (Jackson D)   Conditions of employment: wages and working conditions: gender wage differential.  

Current Text: Introduced: 2/24/2015   pdf   html

Status: 2/25/2015-From printer. May be acted upon on or after March 27. 

Desk Policy Fiscal Floor Desk Policy Fiscal Floor Conf.
Conc.
Enrolled Vetoed Chaptered
1st House 2nd House

Summary:
Current law regulates the payment of compensation to employees by employers and prohibits an employer from conditioning employment on requiring an employee to refrain from disclosing the amount of his or her wages, signing a waiver of the right to disclose the amount of those wages, or discharging an employee for making such a disclosure. Current law establishes similar prohibitions in connection with disclosing an employer's workplace conditions. This bill would extend the prohibitions described above to discussions and inquiries regarding the wages of an employee, the wages of other employees, and workplace conditions.

 


  Family & Medical Leave


 


  AB 11    (Gonzalez D)   Employment: paid sick days: in-home supportive services.  

Current Text: Introduced: 12/1/2014   pdf   html

Status: 1/16/2015-Referred to Com. on L. & E.

Desk Policy Fiscal Floor Desk Policy Fiscal Floor Conf.
Conc.
Enrolled Vetoed Chaptered
1st House 2nd House

Calendar:
3/18/2015  1:30 p.m. - State Capitol, Room 447  ASSEMBLY LABOR AND EMPLOYMENT, RODGER HERNÁNDEZ, Chair

Summary:
Would revise the definition of an employee under the Healthy Workplaces, Healthy Families Act of 2014 to, as of July 1, 2016, include providers of in-home support services, as described. 


  AB 304    (Gonzalez D)   Sick leave.  

Current Text: Introduced: 2/12/2015   pdf   html

Status: 2/13/2015-From printer. May be heard in committee March 15. 

Desk Policy Fiscal Floor Desk Policy Fiscal Floor Conf.
Conc.
Enrolled Vetoed Chaptered
1st House 2nd House

Summary:
Current law requires an employer who provides sick leave to employees, as specified, to allow the employees to use the sick leave to attend to the illness of a child, parent, spouse, or domestic partner. This bill would make nonsubstantive changes to this provision. 


  AB 375    (Campos D)   School employees: sick leave: maternity leave.  

Current Text: Introduced: 2/18/2015   pdf   html

Status: 2/19/2015-From printer. May be heard in committee March 21. 

Desk Policy Fiscal Floor Desk Policy Fiscal Floor Conf.
Conc.
Enrolled Vetoed Chaptered
1st House 2nd House

Summary:
Under current law, when a certificated school employee exhausts all available sick leave, as specified, and continues to be absent from his or her duties on account of illness or accident for an additional period of 5 school months, the employee during those 5 months receives the difference between his or her salary and the sum that is actually paid a substitute employee employed to fill his or her position during his or her absence. This bill would instead provide the differential pay benefit described above if the certificated school employee is absent on account of illness, accident, or maternity leave, as specified. 


  SB 221    (Jackson D)   State public employees: sick leave: veterans with service-related disabilities.  

Current Text: Introduced: 2/12/2015   pdf   html

Status: 2/26/2015-Referred to Coms. on V.A. and P.E. & R. 

Desk Policy Fiscal Floor Desk Policy Fiscal Floor Conf.
Conc.
Enrolled Vetoed Chaptered
1st House 2nd House

Summary:
Would grant a state officer or employee who is a military veteran 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 service-related disability. The bill would require 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. 


  SB 406    (Jackson D)   Employment: leave.  

Current Text: Introduced: 2/25/2015   pdf   html

Status: 2/26/2015-From printer. May be acted upon on or after March 28. 

Desk Policy Fiscal Floor Desk Policy Fiscal Floor Conf.
Conc.
Enrolled Vetoed Chaptered
1st House 2nd House

Summary:
The Moore-Brown-Roberti Family Rights Act exempts from its provisions an employer that employs fewer than 50 employees within 75 miles of the worksite where the employee is employed (small business exemption). The act provides that if the same employer employs both parents entitled to leave under the act, the employer is not required to grant leave in connection with the birth, adoption, or foster care of a child that would allow the parents family care and medical leave totaling more than the amount specified in the act. This bill would restrict that small business exemption to an employer that employs fewer than 5 employees within 75 miles of the worksite where the employee is employed.


  SB 579    (Jackson D)   Employees: sick leave.  

Current Text: Introduced: 2/26/2015   pdf   html

Status: 2/27/2015-From printer. May be acted upon on or after March 29. 

Desk Policy Fiscal Floor Desk Policy Fiscal Floor Conf.
Conc.
Enrolled Vetoed Chaptered
1st House 2nd House

Summary:
Would require that and employer who provides sick leave to permit an employee to use sick leave to address a childcare or school emergency, as defined, and would prohibit an employer from denying an employee the right to use sick leave or taking specific discriminatory action against an employee for using, or attempting to exercise the right to use, sick leave to address a childcare or school emergency. 

 


  Health & Safety


 


  AB 578    (Low D)   Occupational safety and health.  

Current Text: Introduced: 2/24/2015   pdf   html

Status: 2/25/2015-From printer. May be heard in committee March 27. 

Desk Policy Fiscal Floor Desk Policy Fiscal Floor Conf.
Conc.
Enrolled Vetoed Chaptered
1st House 2nd House

Summary:
The California Occupational Safety and Health Act of 1973 authorizes an employer to apply to the Division of Occupational Safety and Health for a temporary order granting a variance from an occupational safety or health standard and requires the order to be granted only if the employer's application satisfies specified requirements. This bill would require an employer to also give notice to workers at the place of employment who will be affected by the temporary variance, or representatives of affected workers, who may be affected by or exposed to the hazards by the temporary variance from an occupational safety and health standard. 


  AB 850    (Ridley-Thomas D)   Safety in employment.  

Current Text: Introduced: 2/26/2015   pdf   html

Status: 2/27/2015-From printer. May be heard in committee March 29. 

Desk Policy Fiscal Floor Desk Policy Fiscal Floor Conf.
Conc.
Enrolled Vetoed Chaptered
1st House 2nd House

Summary:
Current law authorizes the Division of Occupational Safety and Health to seek an injunction from the superior court of local jurisdiction when any employment or place of employment, or machine, or other equipment constitutes a serious menace to the lives or safety of persons in proximity to the hazard. This bill would make nonsubstantive changes to this provision. 


  SB 743    (Hall D)   Occupational safety and health.  

Current Text: Introduced: 2/27/2015   pdf   html

Status: 3/2/2015-Read first time. 

Desk Policy Fiscal Floor Desk Policy Fiscal Floor Conf.
Conc.
Enrolled Vetoed Chaptered
1st House 2nd House

Summary:
Current law requires every employer to furnish and use safety devices and safeguards, and to adopt and use practices which are reasonably adequate to render the employment and place of employment safe and healthful. Current law requires every employer to do every other thing reasonably necessary to protect the life, safety, and health of employees. This bill would make a nonsubstantive change to this provision. 

 


  Healthcare


 


  AB 474    (Brown D)   Health facilities: antiretaliation protections.  

Current Text: Introduced: 2/23/2015   pdf   html

Status: 2/24/2015-From printer. May be heard in committee March 26. 

Desk Policy Fiscal Floor Desk Policy Fiscal Floor Conf.
Conc.
Enrolled Vetoed Chaptered
1st House 2nd House

Summary:
Current law prohibits a licensee of a long-term health care facility from discriminating or retaliating in any manner against a complainant, or a patient or employee in its facility, based on the presentation of a grievance or complaint or activities related to a specified investigation or proceeding at the facility. Current law makes the willful violation of these provisions punishable as a crime. This bill would expand the antiretaliation protections to apply to all health care workers of a long-term health care facility. The bill would increase the civil penalties and criminal penalties that apply to licensees who violate the provisions.


  AB 840    (Ridley-Thomas D)   Nurses and certified nurse assistants: overtime.  

Current Text: Introduced: 2/26/2015   pdf   html

Status: 2/27/2015-From printer. May be heard in committee March 29. 

Desk Policy Fiscal Floor Desk Policy Fiscal Floor Conf.
Conc.
Enrolled Vetoed Chaptered
1st House 2nd House

Summary:
Would authorize a nurse or CNA to volunteer or agree to work hours in addition to his or her regularly scheduled workweek or work shift, but the refusal to accept those additional hours would not constitute patient abandonment or neglect or be grounds for discrimination, dismissal, discharge, or any other penalty or employment decision adverse to the nurse or CNA. This bill contains other related provisions.

 


  Immigrant Employee Rights


 


  AB 20    (Alejo D)   Undocumented immigrants.  

Current Text: Introduced: 12/1/2014   pdf   html

Status: 12/2/2014-From printer. May be heard in committee January 1. 

Desk Policy Fiscal Floor Desk Policy Fiscal Floor Conf.
Conc.
Enrolled Vetoed Chaptered
1st House 2nd House

Summary:
Would make findings and declarations regarding immigration and immigrants within the United States and California, including encouraging those immigrants who are not eligible to receive a social security number to file a California state income tax return using an individual taxpayer identification number and that California would benefit by providing undocumented persons who are agricultural or service industry employees with a permit to work and live in the state.


  AB 560    (Gomez D)   Civil actions: immigration status.  

Current Text: Introduced: 2/23/2015   pdf   html

Status: 2/24/2015-From printer. May be heard in committee March 26. 

Desk Policy Fiscal Floor Desk Policy Fiscal Floor Conf.
Conc.
Enrolled Vetoed Chaptered
1st House 2nd House

Summary:
Current law declares, for the purposes of enforcing state labor, employment, civil rights, and employee housing laws, that a person's immigration status is irrelevant to the issue of liability and that discovery into a person' s immigration status is prohibited unless the person seeking to make the inquiry has shown by clear and convincing evidence that the inquiry is necessary to comply with federal immigration law. This bill would additionally provide that the immigration status of a minor child seeking recovery under any applicable law is irrelevant to the issues of liability or remedy and would prohibit discovery into a minor child's immigration status, with specified exceptions. 


  AB 622    (Hernández, Roger D)   Employment: E-Verify Program.  

Current Text: Introduced: 2/24/2015   pdf   html

Status: 2/25/2015-From printer. May be heard in committee March 27. 

Desk Policy Fiscal Floor Desk Policy Fiscal Floor Conf.
Conc.
Enrolled Vetoed Chaptered
1st House 2nd House

Summary:
Would state the intent of the Legislature to enact legislation that would prohibit employers or employment agencies, except as required by federal law or as a condition of receiving federal funds, from using the E-Verify Program for any applicant for employment, and that would expand the definition of an unlawful employment practice to prohibit an employer or employment agency's use of any electronic employment verification system on an applicant. This bill contains other existing laws.


  AB 1065    (Chiu D)   Employment: unfair practices.  

Current Text: Introduced: 2/26/2015   pdf   html

Status: 2/27/2015-From printer. May be heard in committee March 29. 

Desk Policy Fiscal Floor Desk Policy Fiscal Floor Conf.
Conc.
Enrolled Vetoed Chaptered
1st House 2nd House

Summary:
Would make it an unlawful employment practice for an employer to request more or different documents than are required under federal law relating to verification that an individual is not an unauthorized alien, or to refuse to honor documents tendered that on their face reasonably appear to be genuine, or to attempt to reinvestigate or reverify an incumbent employee's authorization to work unless required to do so by federal law or authority. This bill contains other existing laws.


  SB 674    (De León D)   Victims of crime: nonimmigrant status.  

Current Text: Introduced: 2/27/2015   pdf   html

Status: 3/2/2015-Read first time. 

Desk Policy Fiscal Floor Desk Policy Fiscal Floor Conf.
Conc.
Enrolled Vetoed Chaptered
1st House 2nd House

Summary:
Would require, upon request, that a certifying official from a certifying entity certify, as specified, "victim helpfulness" on the Form I-918 Supplement B, when the requester was a victim of a qualifying criminal activity and has been helpful, is being helpful, or is likely to be helpful to the detection, investigation, or prosecution of that qualifying criminal activity. The bill would define "certifying entity," "certifying official," and the qualifying criminal activity for those purposes. A "certifying entity" would include, among others, local law enforcement agencies and child protective services agencies. 

 


  Labor Relations


 


  AB 561    (Campos D)   Agricultural labor relations.  

Current Text: Introduced: 2/24/2015   pdf   html

Status: 2/25/2015-From printer. May be heard in committee March 27. 

Desk Policy Fiscal Floor Desk Policy Fiscal Floor Conf.
Conc.
Enrolled Vetoed Chaptered
1st House 2nd House

Summary:
The Alatorre-Zenovich-Dunlap-Berman Agricultural Labor Relations Act of 1975 provides for a general counsel of the Agricultural Labor Relations Board, and grants the general counsel final authority with respect to the investigation of charges and issuance and prosecution of complaints regarding unfair labor practices. This bill would grant the general counsel primary authority with respect to the calculation and litigation of makewhole awards, backpay calculations, and other monetary awards in compliance proceedings before the board, as specified. 


  AB 874    (Rendon D)   Collective bargaining.  

Current Text: Introduced: 2/26/2015   pdf   html

Status: 2/27/2015-From printer. May be heard in committee March 29. 

Desk Policy Fiscal Floor Desk Policy Fiscal Floor Conf.
Conc.
Enrolled Vetoed Chaptered
1st House 2nd House

Summary:
Current law governs collective bargaining between public employers and recognized employee organizations. Current law generally delegates jurisdiction to the Public Employment Relations Board to resolve disputes and enforce the statutory duties and rights of state, local, and public school employers and employees. This bill would declare the intent of the Legislature to enact legislation relating to collective bargaining. 


  AB 1293    (Holden D)   State public employment: labor negotiations.  

Current Text: Introduced: 2/27/2015   pdf   html

Status: 3/2/2015-Read first time. 

Desk Policy Fiscal Floor Desk Policy Fiscal Floor Conf.
Conc.
Enrolled Vetoed Chaptered
1st House 2nd House

Summary:
Current law, the Ralph C. Dills Act, grants to state employees the right to form employee organizations for the purpose of representing their members in negotiating conditions of employment with the state. Current law provides a statement of legislative purpose in connection with these and other provisions. This bill would make nonsubstantive changes in this statement of purpose. 


  SB 548    (De León D)   Child care: family child care providers: bargaining representatives.  

Current Text: Introduced: 2/26/2015   pdf   html

Status: 2/27/2015-From printer. May be acted upon on or after March 29. 

Desk Policy Fiscal Floor Desk Policy Fiscal Floor Conf.
Conc.
Enrolled Vetoed Chaptered
1st House 2nd House

Summary:
Would authorize family child care providers, as defined, to form, join, and participate in the activities of provider organizations, as defined, and to seek the certification of a provider organization to act as the exclusive representative for family child care providers on matters related to state-funded child care programs pursuant to a petition and election process overseen by the Public Employment Relations Board or a neutral 3rd party designated by the board. This bill contains other related provisions.

 


  Practice of Law


 


  AB 100    (Alejo D)   California Law Fellowship Program.  

Current Text: Introduced: 1/8/2015   pdf   html

Status: 1/26/2015-Referred to Com. on RLS. 

Desk Policy Fiscal Floor Desk Policy Fiscal Floor Conf.
Conc.
Enrolled Vetoed Chaptered
1st House 2nd House

Summary:
Current law authorizes certain internship and fellowship programs, as specified. This bill would establish the California Law Fellowship Program for the purpose of offering licensed attorneys and other qualifying law school graduates limited-term placements in public sector positions within state government and encouraging each participant to seek permanent public-sector employment at the conclusion of his or her fellowship, as specified. This bill contains other related provisions and other current laws.


  AB 408    (Wagner R)   Civil actions: damages.  

Current Text: Introduced: 2/19/2015   pdf   html

Status: 2/20/2015-From printer. May be heard in committee March 22. 

Desk Policy Fiscal Floor Desk Policy Fiscal Floor Conf.
Conc.
Enrolled Vetoed Chaptered
1st House 2nd House

Summary:
Current law authorizes the plaintiff, in an action for the breach of an obligation not arising from contract, when it is proven by clear and convincing evidence that the defendant has been guilty of oppression, fraud, or malice, to recover damages for the sake of example and by way of punishing the defendant in addition to the actual damages. This bill would make technical, nonsubstantive changes to this provision. 


  AB 409    (Wagner R)   Appeals.  

Current Text: Introduced: 2/19/2015   pdf   html

Status: 2/20/2015-From printer. May be heard in committee March 22. 

Desk Policy Fiscal Floor Desk Policy Fiscal Floor Conf.
Conc.
Enrolled Vetoed Chaptered
1st House 2nd House

Summary:
Current law specifies the judgments and orders from which an appeal may be taken to the court of appeal. This bill would make a technical, nonsubstantive change to this provision. 


  AB 686    (Daly D)   Unauthorized practice of law: referrals.  

Current Text: Introduced: 2/25/2015   pdf   html

Status: 2/26/2015-From printer. May be heard in committee March 28. 

Desk Policy Fiscal Floor Desk Policy Fiscal Floor Conf.
Conc.
Enrolled Vetoed Chaptered
1st House 2nd House

Summary:
The State Bar Act prohibits persons who are not active members of the State Bar from practicing law in California, defined as including, among other things, advertising or holding himself or herself out as entitled to practice law or literally translating from English into another language, in any document, any words that imply that he or she is an attorney. The law makes a violation of this prohibition a misdemeanor. This bill would expand that prohibition to include referring a person injured in the course of employment to a lawyer or law firm for professional services in connection with the injury. 


  AB 687    (Wilk R)   Contracts: liquidated damages.  

Current Text: Introduced: 2/25/2015   pdf   html

Status: 2/26/2015-From printer. May be heard in committee March 28. 

Desk Policy Fiscal Floor Desk Policy Fiscal Floor Conf.
Conc.
Enrolled Vetoed Chaptered
1st House 2nd House

Summary:
Would provide that if parties to a pending action stipulate for settlement of an action, as specified, a provision of the stipulation liquidating damages for breach of the stipulation is valid unless the party seeking to invalidate the liquidated damages provision establishes that the amount of liquidated damages exceeds the damages, interest, recoverable costs, and reasonable attorney's fees sought in the action. 


  AB 749    (Bloom D)   Superior courts: reporters.  

Current Text: Introduced: 2/25/2015   pdf   html

Status: 2/26/2015-From printer. May be heard in committee March 28. 

Desk Policy Fiscal Floor Desk Policy Fiscal Floor Conf.
Conc.
Enrolled Vetoed Chaptered
1st House 2nd House

Summary:
Under current law, when a verbatim record of a superior court proceeding is not made at public expense, the cost of making that record is required to be paid by the parties in equal proportion, except that either party may, at his or her option, pay the whole. This bill would make technical, nonsubstantive changes to these provisions. 


  AB 1002    (Wilk R)   Civil actions: interpreter costs.  

Current Text: Introduced: 2/26/2015   pdf   html

Status: 2/27/2015-From printer. May be heard in committee March 29. 

Desk Policy Fiscal Floor Desk Policy Fiscal Floor Conf.
Conc.
Enrolled Vetoed Chaptered
1st House 2nd House

Summary:
Current law enumerates costs that a prevailing party in a civil action may recover. Current law allows a prevailing party to recover court interpreter fees if the court authorized the use of a qualified court interpreter for an indigent person represented by a qualified legal services project. This bill would allow a prevailing party to recover court interpreter fees without this condition. 


  AB 1141    (Chau D)   Civil actions.  

Current Text: Introduced: 2/27/2015   pdf   html

Status: 3/2/2015-Read first time. 

Desk Policy Fiscal Floor Desk Policy Fiscal Floor Conf.
Conc.
Enrolled Vetoed Chaptered
1st House 2nd House

Summary:
Current law provides that a motion for summary adjudication shall be granted only if it completely disposes of a cause of action, affirmative defense, claim for damages, or issue of duty. This bill would allow a motion for summary adjudication that does not completely dispose of a cause of action, affirmative defense or issue of duty if the parties whose claims or defenses are put at issue by the motion jointly stipulate as to the issue or issues to be adjudicated and declare that a ruling on the motion would further the interest of judicial economy, and if the court grants the motion, having considered any timely objections made by nonstipulating parties. 


  AB 1167    (Gallagher R)   Courts: frivolous actions or proceedings.  

Current Text: Introduced: 2/27/2015   pdf   html

Status: 3/2/2015-Read first time. 

Desk Policy Fiscal Floor Desk Policy Fiscal Floor Conf.
Conc.
Enrolled Vetoed Chaptered
1st House 2nd House

Summary:
Current law, until January 1, 2018, authorizes a trial court to order a party, the party's attorney, or both, to pay the reasonable expenses, including attorney's fees, incurred by another party as a result of bad-faith actions or tactics that are frivolous or solely intended to cause unnecessary delay. Current law, on and after January 1, 2018, authorizes a trial court to make that order only if the actions or tactics arise from a complaint filed, or a proceeding initiated, on or before December 31, 1994. This bill would make technical, nonsubstantive change to the provision described above that is operative until January 1, 2018. 


  AB 1337    (Linder R)   Medical records: electronic delivery.  

Current Text: Introduced: 2/27/2015   pdf   html

Status: 3/2/2015-Read first time. 

Desk Policy Fiscal Floor Desk Policy Fiscal Floor Conf.
Conc.
Enrolled Vetoed Chaptered
1st House 2nd House

Summary:
Current law requires certain enumerated medical providers and medical employers to make a patient's records available for inspection and copying by an attorney, or his or her representative, who presents a written authorization therefor, as specified. This bill would require a medical provider or employer, or an agent thereof, to provide an electronic copy of a medical record, when an electronic a copy is requested, if the medical record exists in digital or electronic format and the medical record can be delivered electronically. 


  SB 383    (Wieckowski D)   Civil actions: objections to pleadings.  

Current Text: Introduced: 2/24/2015   pdf   html

Status: 2/25/2015-From printer. May be acted upon on or after March 27. 

Desk Policy Fiscal Floor Desk Policy Fiscal Floor Conf.
Conc.
Enrolled Vetoed Chaptered
1st House 2nd House

Summary:
Under current law, a party in a civil action may object to a complaint, cross-complaint, or answer by demurrer if the ground for the objection appears on the face of the pleading or is from a matter of which the court must or may take judicial notice. If the ground for the objection does not appear on the face of the pleading, current law permits the objection to be taken by answer. Current law permits a party objecting to a complaint or cross-complaint to demur and answer at the same time. This bill would make a technical, nonsubstantive change to these provisions. 


  SB 606    (Nielsen R)   Small Business Appeals Board.  

Current Text: Introduced: 2/27/2015   pdf   html

Status: 3/2/2015-Read first time. 

Desk Policy Fiscal Floor Desk Policy Fiscal Floor Conf.
Conc.
Enrolled Vetoed Chaptered
1st House 2nd House

Summary:
Would establish the Small Business Appeals Board in state government composed of 5 board members, as specified. The bill would authorize the board, at its discretion, to grant a hearing and review the order, ruling, action, or failure to act of any state agency, except a state taxing agency, upon the petition of any small business affected by the order, ruling, action, or failure to act. The bill would authorize the board to grant any remedy and impose any penalty authorized under existing law governing administrative procedures. 


  SB 682    (Leno D)   Courts.  

Current Text: Introduced: 2/27/2015   pdf   html

Status: 3/2/2015-Read first time. 

Desk Policy Fiscal Floor Desk Policy Fiscal Floor Conf.
Conc.
Enrolled Vetoed Chaptered
1st House 2nd House

Summary:
Would establish specified standards if a trial court intends to enter into, or renew or extend, a contract for any services that are currently or customarily performed by that trial court's employees. Among other things, the bill would require the trial court to clearly demonstrate that the contract will result in actual overall cost savings to the trial court. The bill would provide that those standards do not apply to a contract under certain circumstances, including, among others, when the services are incidental to a contract for the purchase or lease of real or personal property. This bill contains other related provisions and other existing laws.

 


  Prevailing Wage


 


  AB 219    (Daly D)   Public works: concrete delivery.  

Current Text: Introduced: 2/2/2015   pdf   html

Status: 2/9/2015-Referred to Com. on L. & E. 

Desk Policy Fiscal Floor Desk Policy Fiscal Floor Conf.
Conc.
Enrolled Vetoed Chaptered
1st House 2nd House

Summary:
Current law defines "public works," for purposes of requirements regarding the payment of prevailing wages for public works projects, to include, among other things, the hauling of refuse from a public works site to an outside disposal location with respect to contracts involving any state agency, including the California State University and the University of California, or any political subdivision of the state. This bill would expand the definition of "public works," for these purposes to include the delivery of ready-mixed concrete with respect to contracts involving any state agency or any political subdivision of the state. 


  AB 251    (Levine D)   Public works: public subsidies.  

Current Text: Introduced: 2/9/2015   pdf   html

Status: 2/17/2015-Referred to Com. on L. & E.

Desk Policy Fiscal Floor Desk Policy Fiscal Floor Conf.
Conc.
Enrolled Vetoed Chaptered
1st House 2nd House

Calendar:
3/18/2015  1:30 p.m. - State Capitol, Room 447  ASSEMBLY LABOR AND EMPLOYMENT, RODGER HERNÁNDEZ, Chair

Summary:
Would provide that a public subsidy is de minimis if it is both less than $25,000 and less than 1% of the total project cost. The bill would specify that those provisions do not apply to a project that was advertised for bid, or a contract that was awarded, before January 1, 2016. 


  AB 326    (Frazier D)   Public works: prevailing wage rates: wage and penalty assessments.  

Current Text: Introduced: 2/13/2015   pdf   html

Status: 2/23/2015-Referred to Com. on L. & E. 

Desk Policy Fiscal Floor Desk Policy Fiscal Floor Conf.
Conc.
Enrolled Vetoed Chaptered
1st House 2nd House

Summary:
Current law provides that, after 60 days following the service of a civil wage and penalty assessment or notice, the affected contractor, subcontractor, and surety on a bond issued to secure the payment of wages, as provided, become liable for liquidated damages in an amount equal to the amount of unpaid wages, as specified. Current law provides that there is no liability for liquidated damages if a contractor, subcontractor, or surety deposits the full amount of the assessment or notice, including penalties, with the Department of Industrial Relations to hold in escrow pending administrative or judicial review. This bill would make technical, nonsubstantive changes to the latter provisions and delete obsolete provisions.


  AB 327    (Gordon D)   Public works: volunteers.  

Current Text: Introduced: 2/13/2015   pdf   html

Status: 2/23/2015-Referred to Com. on L. & E. 

Desk Policy Fiscal Floor Desk Policy Fiscal Floor Conf.
Conc.
Enrolled Vetoed Chaptered
1st House 2nd House

Summary:
All workers employed on public works projects are required to be paid not less than the general prevailing rate of per diem wages for work, except as specified. Current law governing public works does not apply to specified work performed by a volunteer, a volunteer coordinator, or a member of the California Conservation Corps or a community conservation corps. These provisions are effective only until January 1, 2017, and as of that date are repealed. This bill would delete that repeal date provision, effectively extending those provisions indefinitely. The bill would also delete an obsolete provision.


  AB 472    (Harper R)   Public works: prevailing wage: volunteers.  

Current Text: Introduced: 2/23/2015   pdf   html

Status: 2/24/2015-From printer. May be heard in committee March 26. 

Desk Policy Fiscal Floor Desk Policy Fiscal Floor Conf.
Conc.
Enrolled Vetoed Chaptered
1st House 2nd House

Summary:
Current law generally requires the payment of not less than the prevailing rate of per diem wages for work of a similar character in the locality in which the public work, as defined, is performed by workers employed on public works projects, except for public works projects of $1,000 or less, or except for any work performed, on or after January 1, 2002, and until January 1, 2017, by a volunteer, a volunteer coordinator, or a member of the California Conservation Corps or a Community Conservation Corps. This bill would make a nonsubstantive, technical change by deleting an obsolete provision. 


  AB 852    (Burke D)   Public works: prevailing wages.  

Current Text: Introduced: 2/26/2015   pdf   html

Status: 2/27/2015-From printer. May be heard in committee March 29. 

Desk Policy Fiscal Floor Desk Policy Fiscal Floor Conf.
Conc.
Enrolled Vetoed Chaptered
1st House 2nd House

Summary:
Would expand the definition of "public works," for the purposes of provisions relating to the prevailing rate of per diem wages, to also include any construction, alteration, demolition, installation, or repair work done under private contract on a hospital or health care facility project when the project is paid for, in whole or in part, with the proceeds of conduit revenue bonds, as defined, that were issued on or after January 1, 2016. This bill contains other related provisions and other existing laws.


  AB 966    (Baker R)   Public works: prevailing wage.  

Current Text: Introduced: 2/26/2015   pdf   html

Status: 2/27/2015-From printer. May be heard in committee March 29. 

Desk Policy Fiscal Floor Desk Policy Fiscal Floor Conf.
Conc.
Enrolled Vetoed Chaptered
1st House 2nd House

Summary:
Current law requires the Director of Industrial Relations to determine the general prevailing rate of per diem wages in accordance with specified standards. This bill would make technical, nonsubstantive changes to that provision. 


  AB 1158    (Campos D)   Jobs and Economic Improvement Through Environmental Leadership Act of 2011: prevailing wage.  

Current Text: Introduced: 2/27/2015   pdf   html

Status: 3/2/2015-Read first time. 

Desk Policy Fiscal Floor Desk Policy Fiscal Floor Conf.
Conc.
Enrolled Vetoed Chaptered
1st House 2nd House

Summary:
Current law assesses specified civil penalties on employers who fail to pay their employees minimum wages. This bill would specify that the above wage condition is subject to enforcement by the Division of Labor Standards Enforcement. The bill would make a project applicant who fails to pay, or fails to ensure the payment of, prevailing wages subject to the civil penalties for failure to pay minimum wages. This bill contains other related provisions and other existing laws.


  AB 1347    (Chiu D)   Public contracts: claims.  

Current Text: Introduced: 2/27/2015   pdf   html

Status: 3/2/2015-Read first time. 

Desk Policy Fiscal Floor Desk Policy Fiscal Floor Conf.
Conc.
Enrolled Vetoed Chaptered
1st House 2nd House

Summary:
Would establish, for contracts entered into on or after January 1, 2016, a claim resolution process applicable to all public entity contracts. The bill would define a claim as a contractor's written demand or assertion, including a request for a modification, contract amendment, or change order, seeking an adjustment or interpretation of the terms of the contract documents, payment of money, extension of time, or other relief, including a determination of disputes or matters arising out of, or related to, the contract documents or the performance of work on a public work. This bill contains other related provisions and other existing laws.

 


  Public Employment


 


  AB 64    (Chávez R)   State employees: reinstatement after military service.  

Current Text: Introduced: 12/15/2014   pdf   html

Status: 1/22/2015-Referred to Com. on P.E., R., & S.S. 

Desk Policy Fiscal Floor Desk Policy Fiscal Floor Conf.
Conc.
Enrolled Vetoed Chaptered
1st House 2nd House

Summary:
Would require that a reinstated civil service employee who returns from active military service and who is paid hourly to be given the same shift and number of hours worked per week as he or she worked immediately prior to going on military leave. 


  AB 289    (Melendez R)   Legislature: Legislative Employee Whistleblower Protection Act.  

Current Text: Introduced: 2/11/2015   pdf   html

Status: 2/23/2015-Referred to Coms. on JUD. and RLS. 

Desk Policy Fiscal Floor Desk Policy Fiscal Floor Conf.
Conc.
Enrolled Vetoed Chaptered
1st House 2nd House

Summary:
Would prohibit interference with the right of legislative employees, as defined, to make protected disclosures of ethics violations and would prohibit retaliation against legislative employees who have made protected disclosures. This bill would establish a procedure for legislative employees to report violations of the bill to the Legislature. The bill would also impose civil and criminal liability on a person who interferes with a legislative employee's right to make a protected disclosure or who engages in retaliatory acts, as specified. This bill contains other related provisions and other existing laws.


  AB 375    (Campos D)   School employees: sick leave: maternity leave.  

Current Text: Introduced: 2/18/2015   pdf   html

Status: 2/19/2015-From printer. May be heard in committee March 21. 

Desk Policy Fiscal Floor Desk Policy Fiscal Floor Conf.
Conc.
Enrolled Vetoed Chaptered
1st House 2nd House

Summary:
Under current law, when a certificated school employee exhausts all available sick leave, as specified, and continues to be absent from his or her duties on account of illness or accident for an additional period of 5 school months, the employee during those 5 months receives the difference between his or her salary and the sum that is actually paid a substitute employee employed to fill his or her position during his or her absence. This bill would instead provide the differential pay benefit described above if the certificated school employee is absent on account of illness, accident, or maternity leave, as specified. 


  AB 626    (Low D)   Community colleges: employees.  

Current Text: Introduced: 2/24/2015   pdf   html

Status: 2/25/2015-From printer. May be heard in committee March 27. 

Desk Policy Fiscal Floor Desk Policy Fiscal Floor Conf.
Conc.
Enrolled Vetoed Chaptered
1st House 2nd House

Summary:
Current law establishes the California Community Colleges under the administration of the Board of Governors of the California Community Colleges. Current law establishes community college districts, which provide instruction to students at campuses throughout the state. This bill would make nonsubstantive changes to that requirement. This bill contains other current laws.


  AB 769    (Jones-Sawyer D)   State employees: disciplinary action.  

Current Text: Introduced: 2/25/2015   pdf   html

Status: 2/26/2015-From printer. May be heard in committee March 28. 

Desk Policy Fiscal Floor Desk Policy Fiscal Floor Conf.
Conc.
Enrolled Vetoed Chaptered
1st House 2nd House

Summary:
The State Civil Service Act provides that an adverse action based on fraud, embezzlement, or the falsification of records is valid if notice of the adverse action is served within 3 years after the discovery of the fraud, embezzlement, or falsification. This bill, except with respect to adverse action based on fraud, embezzlement, or the falsification of records, would require that the notice be served and any investigation completed within one year after the cause for discipline arose. 


  AB 811    (Salas D)   Public employees: rights.  

Current Text: Introduced: 2/26/2015   pdf   html

Status: 2/27/2015-From printer. May be heard in committee March 29. 

Desk Policy Fiscal Floor Desk Policy Fiscal Floor Conf.
Conc.
Enrolled Vetoed Chaptered
1st House 2nd House

Summary:
Current law requires notice of any adverse action against any state employee for any cause for discipline based on any civil service law to be served within 3 years after the cause for discipline, upon which the notice is based, first arose. Current law provides that an adverse action based on fraud, embezzlement, or the falsification of records is valid if notice of the adverse action is served within 3 years after the discovery of the fraud, embezzlement, or falsification. This bill would reduce those timeframes to one year. 


  AB 837    (Hernández, Roger D)   University of California: employee salaries.  

Current Text: Introduced: 2/26/2015   pdf   html

Status: 2/27/2015-From printer. May be heard in committee March 29. 

Desk Policy Fiscal Floor Desk Policy Fiscal Floor Conf.
Conc.
Enrolled Vetoed Chaptered
1st House 2nd House

Summary:
Would express findings and declarations of the Legislature relating to salaries paid to some officers and employees of the University of California. The bill would prohibit the University of California, as a condition of the receipt of state funding in the annual Budget Act, from paying any of its employees or officers a salary that exceeds $500,000 in any fiscal year. 


  AB 874    (Rendon D)   Collective bargaining.  

Current Text: Introduced: 2/26/2015   pdf   html

Status: 2/27/2015-From printer. May be heard in committee March 29. 

Desk Policy Fiscal Floor Desk Policy Fiscal Floor Conf.
Conc.
Enrolled Vetoed Chaptered
1st House 2nd House

Summary:
Current law governs collective bargaining between public employers and recognized employee organizations. Current law generally delegates jurisdiction to the Public Employment Relations Board to resolve disputes and enforce the statutory duties and rights of state, local, and public school employers and employees. This bill would declare the intent of the Legislature to enact legislation relating to collective bargaining. 


  AB 883    (Low D)   Employment: public employee status.  

Current Text: Introduced: 2/26/2015   pdf   html

Status: 2/27/2015-From printer. May be heard in committee March 29. 

Desk Policy Fiscal Floor Desk Policy Fiscal Floor Conf.
Conc.
Enrolled Vetoed Chaptered
1st House 2nd House

Summary:
Would prohibit private and public employers from publishing or posting a job advertisement or announcement that states or indicates directly or indirectly that the applicant for employment must not be a current or former public employee. The bill would also prohibit these employers from communicating, directly or indirectly, that an applicant's status as a current or former public employee disqualifies an individual from eligibility for employment or from basing an employment decision on an applicant's current or former employment as a public employee.


  AB 915    (Holden D)   School employees: classified service: industrial accident or illness leaves of absence: travel restriction..  

Current Text: Introduced: 2/26/2015   pdf   html

Status: 2/27/2015-From printer. May be heard in committee March 29. 

Desk Policy Fiscal Floor Desk Policy Fiscal Floor Conf.
Conc.
Enrolled Vetoed Chaptered
1st House 2nd House

Summary:
Current law requires the governing board of a school district to provide by rules and regulations for industrial accident or illness leaves of absence for employees who are a part of the classified service. Current law requires an employee receiving benefits pursuant to these provisions to remain within California during periods of injury or illness, unless the governing board authorizes travel outside the state. This bill would remove the travel restriction on an employee receiving these benefits. 


  AB 1050    (Low D)   State employees: charitable deductions.  

Current Text: Introduced: 2/26/2015   pdf   html

Status: 2/27/2015-From printer. May be heard in committee March 29. 

Desk Policy Fiscal Floor Desk Policy Fiscal Floor Conf.
Conc.
Enrolled Vetoed Chaptered
1st House 2nd House

Summary:
Current law requires a charitable organization approved by the board to certify under penalty of perjury that it is in compliance with the Fair Employment and Housing Act. This bill would require the charitable organization to annually provide the California Victim Compensation and Government Claims with a written nondiscrimination policy. 


  AB 1293    (Holden D)   State public employment: labor negotiations.  

Current Text: Introduced: 2/27/2015   pdf   html

Status: 3/2/2015-Read first time. 

Desk Policy Fiscal Floor Desk Policy Fiscal Floor Conf.
Conc.
Enrolled Vetoed Chaptered
1st House 2nd House

Summary:
Current law, the Ralph C. Dills Act, grants to state employees the right to form employee organizations for the purpose of representing their members in negotiating conditions of employment with the state. Current law provides a statement of legislative purpose in connection with these and other provisions. This bill would make nonsubstantive changes in this statement of purpose. 


  SB 221    (Jackson D)   State public employees: sick leave: veterans with service-related disabilities.  

Current Text: Introduced: 2/12/2015   pdf   html

Status: 2/26/2015-Referred to Coms. on V.A. and P.E. & R. 

Desk Policy Fiscal Floor Desk Policy Fiscal Floor Conf.
Conc.
Enrolled Vetoed Chaptered
1st House 2nd House

Summary:
Would grant a state officer or employee who is a military veteran 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 service-related disability. The bill would require 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. 


  SB 556    (De León D)   Claims against public entities.  

Current Text: Introduced: 2/26/2015   pdf   html

Status: 2/27/2015-From printer. May be acted upon on or after March 29. 

Desk Policy Fiscal Floor Desk Policy Fiscal Floor Conf.
Conc.
Enrolled Vetoed Chaptered
1st House 2nd House

Summary:
Current law requires the board, the governing body of the local public entity, the California Victim Compensation and Government Claims Board, the Judicial Council, or the Trustees of the California State University, as appropriate, to grant or deny the application for leave to present a personal injury claim within 45 days after it is presented to the board. This bill would require the board, the governing body of the local public entity, the California Victim Compensation and Government Claims Board, the Judicial Council, or the Trustees of the California State University, as appropriate, to grant or deny the application for leave to present the claim within 45 days after it is received by the board. 


  SB 686    (Pan D)   Public postsecondary education: Higher Education Employer-Employee Relations Act.  

Current Text: Introduced: 2/27/2015   pdf   html

Status: 3/2/2015-Read first time. 

Desk Policy Fiscal Floor Desk Policy Fiscal Floor Conf.
Conc.
Enrolled Vetoed Chaptered
1st House 2nd House

Summary:
The Higher Education Employer-Employee Relations Act, contains provisions relating to employer-employee relations between the state and the employees of state institutions of higher education, including the University of California and the California State University, as well as the Hastings College of the Law. These provisions assign major responsibilities for implementation to the Public Employment Relations Board. This bill would provide that the definition of "employee" or "higher education employee" also includes a supervisory employee employed as a sworn peace officer by the University of California or the Hastings College of Law. 

 


  Retirement and Benefits


 


  AB 842    (Patterson R)   Contractors: trust or custodial benefits plans: essential health benefits.  

Current Text: Introduced: 2/26/2015   pdf   html

Status: 2/27/2015-From printer. May be heard in committee March 29. 

Desk Policy Fiscal Floor Desk Policy Fiscal Floor Conf.
Conc.
Enrolled Vetoed Chaptered
1st House 2nd House

Summary:
Would provide that a contractor that bids on or has been awarded work covered by a project labor agreement that provides health care coverage to workers on the project that is the subject of the agreement, that includes essential health benefits, as described in the PPACA, and that provides evidence of that coverage to the entity awarding the contract, is exempt from a requirement to pay into a trust or custodial benefit plan for health and welfare or similar benefits for those workers an amount equal to the amount that the contractor would have been required to pay into that trust or custodial benefit plan for health care costs for those workers. This bill contains other existing laws.

 


  Unemployment


 


  AB 399    (Ridley-Thomas D)   Unemployment insurance: classified employees.  

Current Text: Introduced: 2/19/2015   pdf   html

Status: 3/2/2015-Referred to Com. on INS. 

Desk Policy Fiscal Floor Desk Policy Fiscal Floor Conf.
Conc.
Enrolled Vetoed Chaptered
1st House 2nd House

Summary:
Would delete the prohibition on the payment of unemployment benefits to education employees of a public school, other than teachers, researchers, and administrators, as specified, between 2 academic years. The bill would phase in up to 8 weeks of benefits available to those specified employees over a 4-year timeframe and would make conforming changes, including eliminating the provisions for payment of unemployment benefits to these employees at the specified schools. This bill contains other related provisions.


  AB 908    (Gomez D)   Unemployment insurance.  

Current Text: Introduced: 2/26/2015   pdf   html

Status: 2/27/2015-From printer. May be heard in committee March 29. 

Desk Policy Fiscal Floor Desk Policy Fiscal Floor Conf.
Conc.
Enrolled Vetoed Chaptered
1st House 2nd House

Summary:
Would require that all standard information pamphlets provided by the Employment Development Department concerning unemployment and disability insurance programs and those pages on its Internet Web site that provide information regarding applying for, and receiving, unemployment insurance benefits to be printed and available in 10 languages other than English. 

 


  Wage and Hour


 


  AB 67    (Gonzalez D)   Double Pay on the Holiday Act of 2015.  

Current Text: Introduced: 12/17/2014   pdf   html

Status: 1/22/2015-Referred to Com. on L. & E.

Desk Policy Fiscal Floor Desk Policy Fiscal Floor Conf.
Conc.
Enrolled Vetoed Chaptered
1st House 2nd House

Calendar:
3/18/2015  1:30 p.m. - State Capitol, Room 447  ASSEMBLY LABOR AND EMPLOYMENT, RODGER HERNÁNDEZ, Chair

Summary:
Would enact the Double Pay on the Holiday Act of 2015 that would require an employer to pay at least 2 times the regular rate of pay to an employee for work on a family holiday as defined. This bill contains other related provisions and other existing laws.


  AB 202    (Gonzalez D)   Professional sports teams: cheerleaders: employee status.  

Current Text: Introduced: 1/29/2015   pdf   html

Status: 2/9/2015-Referred to Coms. on L. & E. and A.,E.,S.,T., & I.M. 

Desk Policy Fiscal Floor Desk Policy Fiscal Floor Conf.
Conc.
Enrolled Vetoed Chaptered
1st House 2nd House

Summary:
Would require that a California-based professional sports team that utilizes the services of cheerleaders, as defined, to provide those cheerleaders with specified rights and benefits afforded to its employees under existing employment laws, regardless of the terms and conditions under which the cheerleader performs. This bill contains other related provisions and other existing laws.


  AB 305    (Gonzalez D)   Employers: payroll records.  

Current Text: Introduced: 2/12/2015   pdf   html

Status: 2/13/2015-From printer. May be heard in committee March 15. 

Desk Policy Fiscal Floor Desk Policy Fiscal Floor Conf.
Conc.
Enrolled Vetoed Chaptered
1st House 2nd House

Summary:
Current law requires an employer to furnish to the Industrial Welfare Commission, upon request, reports or information regarding the wages, hours, and other information that the employer is required by law to keep regarding his or her employees. A violation of this provision is a crime. This bill would make a nonsubstantive change to this provision. 


  AB 357    (Chiu D)   Employment: work hours: scheduling.  

Current Text: Introduced: 2/17/2015   pdf   html

Status: 2/18/2015-From printer. May be heard in committee March 20. 

Desk Policy Fiscal Floor Desk Policy Fiscal Floor Conf.
Conc.
Enrolled Vetoed Chaptered
1st House 2nd House

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 legislative findings and declarations relating to work hour scheduling for employees of food and general retail establishments.


  AB 359    (Gonzalez D)   Employer obligations: indemnification.  

Current Text: Introduced: 2/17/2015   pdf   html

Status: 2/18/2015-From printer. May be heard in committee March 20. 

Desk Policy Fiscal Floor Desk Policy Fiscal Floor Conf.
Conc.
Enrolled Vetoed Chaptered
1st House 2nd House

Summary:
Current law requires an employer to indemnify his or her employee for losses caused by the employer’s want of ordinary care. This bill would make nonsubstantive changes to that provision.


  AB 465    (Hernández, Roger D)   Wages.  

Current Text: Introduced: 2/23/2015   pdf   html

Status: 2/24/2015-From printer. May be heard in committee March 26. 

Desk Policy Fiscal Floor Desk Policy Fiscal Floor Conf.
Conc.
Enrolled Vetoed Chaptered
1st House 2nd House

Summary:
Current law provides that an individual can bring an action for the collection of wages due and unpaid regardless of whether there is a private agreement to arbitrate in place, except in a case regarding the interpretation or application of a collective bargaining agreement containing an arbitration agreement. This bill would make technical, nonsubstantive changes to this provision. 


  AB 471    (Harper R)   Employment.  

Current Text: Introduced: 2/23/2015   pdf   html

Status: 2/24/2015-From printer. May be heard in committee March 26. 

Desk Policy Fiscal Floor Desk Policy Fiscal Floor Conf.
Conc.
Enrolled Vetoed Chaptered
1st House 2nd House

Summary:
Current law prohibits, subject to certain exceptions, an employer from requiring an employee to work more than 5 hours per day without providing a meal period. This bill would make a nonsubstantive change to those provisions. 


  AB 500    (Waldron R)   Drug and alcohol rehabilitation programs: independent contractors.  

Current Text: Introduced: 2/23/2015   pdf   html

Status: 2/24/2015-From printer. May be heard in committee March 26. 

Desk Policy Fiscal Floor Desk Policy Fiscal Floor Conf.
Conc.
Enrolled Vetoed Chaptered
1st House 2nd House

Summary:
Current law defines the term "independent contractor" for certain employment purposes. This bill would provide that notwithstanding any other law, a person who has been convicted of a felony involving substance abuse, who has no violent felony convictions, who successfully completes an alcohol or substance abuse rehabilitation program that is approved or licensed by the state, and who is hired by a private employer, may be deemed an independent contractor for all state purposes, for a period not to exceed 2 years from the date of completion of the rehabilitation program. 


  AB 588    (Grove R)   Labor Code Private Attorneys General Act of 2004.  

Current Text: Introduced: 2/24/2015   pdf   html

Status: 2/25/2015-From printer. May be heard in committee March 27. 

Desk Policy Fiscal Floor Desk Policy Fiscal Floor Conf.
Conc.
Enrolled Vetoed Chaptered
1st House 2nd House

Summary:
The Labor Code Private Attorneys General Act of 2004 provides the employer with the right to cure certain violations before the employee may bring a civil action, as specified. For other violations, the act requires the employee to follow specified procedures before bringing an action. This bill would provide an employer with the right to cure a violation of that wage statement law requirement before an employee may bring a civil action under the act. The bill would also delete obsolete provisions of law. This bill contains other existing laws.


  AB 621    (Hernández, Roger D)   Drayage truck operators.  

Current Text: Introduced: 2/24/2015   pdf   html

Status: 2/25/2015-From printer. May be heard in committee March 27. 

Desk Policy Fiscal Floor Desk Policy Fiscal Floor Conf.
Conc.
Enrolled Vetoed Chaptered
1st House 2nd House

Summary:
Would, notwithstanding any law, relieve a motor carrier performing drayage services of liability for statutory or civil penalties associated with misclassification of commercial drivers as independent contractors if the motor carrier enters into a consent decree with the Labor Commissioner prior to January 1, 2017, whereby the motor carrier agrees to convert all of its commercial drivers to employees, and the consent decree contains prescribed components, including, but not limited to, an agreement by the motor carrier to pay all wages, benefits, and taxes owed, if any. 


  AB 669    (Daly D)   Minimum wage: tipped employees.  

Current Text: Introduced: 2/25/2015   pdf   html

Status: 2/26/2015-From printer. May be heard in committee March 28. 

Desk Policy Fiscal Floor Desk Policy Fiscal Floor Conf.
Conc.
Enrolled Vetoed Chaptered
1st House 2nd House

Summary:
Would establish the minimum wage for a qualifying tipped employee, on and after January 1, 2016, at $9 per hour. The bill would define "qualifying tipped employee" to mean an employee who regularly receives income from wages at a rate equal to at least $15 per hour, as described. The bill would define "wages" for these purposes to mean all remuneration for services performed by an employee for his or her employer, including tips received by an employee in the course of his or her employment. This bill contains other related provisions.


  AB 756    (Chang R)   Small businesses: state agencies: civil fines and penalties.  

Current Text: Introduced: 2/25/2015   pdf   html

Status: 2/26/2015-From printer. May be heard in committee March 28. 

Desk Policy Fiscal Floor Desk Policy Fiscal Floor Conf.
Conc.
Enrolled Vetoed Chaptered
1st House 2nd House

Summary:
Would declare the intent of the Legislature to enact legislation that would authorize certain state agencies to waive penalties for small businesses within their first 120 days of operation if certain requirements are met. 


  AB 795    (Low D)   Employment: day's work.  

Current Text: Introduced: 2/25/2015   pdf   html

Status: 2/26/2015-From printer. May be heard in committee March 28. 

Desk Policy Fiscal Floor Desk Policy Fiscal Floor Conf.
Conc.
Enrolled Vetoed Chaptered
1st House 2nd House

Summary:
Current employment regulation law, with certain exceptions, establishes an 8-hour workday and a 40-hour workweek, and requires payment of prescribed overtime compensation for additional hours worked. This bill would make nonsubstantive changes to this provision. 


  AB 840    (Ridley-Thomas D)   Nurses and certified nurse assistants: overtime.  

Current Text: Introduced: 2/26/2015   pdf   html

Status: 2/27/2015-From printer. May be heard in committee March 29. 

Desk Policy Fiscal Floor Desk Policy Fiscal Floor Conf.
Conc.
Enrolled Vetoed Chaptered
1st House 2nd House

Summary:
Would authorize a nurse or CNA to volunteer or agree to work hours in addition to his or her regularly scheduled workweek or work shift, but the refusal to accept those additional hours would not constitute patient abandonment or neglect or be grounds for discrimination, dismissal, discharge, or any other penalty or employment decision adverse to the nurse or CNA. This bill contains other related provisions.


  AB 898    (Gonzalez D)   Employee wages.  

Current Text: Introduced: 2/26/2015   pdf   html

Status: 2/27/2015-From printer. May be heard in committee March 29. 

Desk Policy Fiscal Floor Desk Policy Fiscal Floor Conf.
Conc.
Enrolled Vetoed Chaptered
1st House 2nd House

Summary:
Current law requires that employers pay wages to their employees, twice per calendar month, on days designated in advance as regular paydays. However, employees defined as executive, administrative, or professional may be paid once per month. This bill would make nonsubstantive changes to this provision. 


  AB 970    (Nazarian D)   Labor Commissioner: enforcement of employee claims.  

Current Text: Introduced: 2/26/2015   pdf   html

Status: 2/27/2015-From printer. May be heard in committee March 29. 

Desk Policy Fiscal Floor Desk Policy Fiscal Floor Conf.
Conc.
Enrolled Vetoed Chaptered
1st House 2nd House

Summary:
Would authorize the Labor Commissioner to enforce local laws regarding overtime hours or minimum wage provisions and to issue citations and penalties for violations. This bill also would make related conforming changes. By expanding the definition of a crime, this bill would create a state-mandated local program. This bill contains other related provisions and other existing laws.


  AB 1038    (Jones R)   Employment: flexible work schedules.  

Current Text: Introduced: 2/26/2015   pdf   html

Status: 2/27/2015-From printer. May be heard in committee March 29. 

Desk Policy Fiscal Floor Desk Policy Fiscal Floor Conf.
Conc.
Enrolled Vetoed Chaptered
1st House 2nd House

Summary:
Would permit an individual nonexempt employee to request an employee-selected flexible work schedule providing for workdays up to 10 hours per day within a 40-hour workweek, and would allow an employer to implement this schedule without the obligation to pay overtime compensation for those additional hours in a workday, except as specified. The bill would require that the flexible work schedule contain specified information and the employer's and the employee's original signature.


  AB 1158    (Campos D)   Jobs and Economic Improvement Through Environmental Leadership Act of 2011: prevailing wage.  

Current Text: Introduced: 2/27/2015   pdf   html

Status: 3/2/2015-Read first time. 

Desk Policy Fiscal Floor Desk Policy Fiscal Floor Conf.
Conc.
Enrolled Vetoed Chaptered
1st House 2nd House

Summary:
Current law assesses specified civil penalties on employers who fail to pay their employees minimum wages. This bill would specify that the above wage condition is subject to enforcement by the Division of Labor Standards Enforcement. The bill would make a project applicant who fails to pay, or fails to ensure the payment of, prevailing wages subject to the civil penalties for failure to pay minimum wages. This bill contains other related provisions and other existing laws.


  AB 1347    (Chiu D)   Public contracts: claims.  

Current Text: Introduced: 2/27/2015   pdf   html

Status: 3/2/2015-Read first time. 

Desk Policy Fiscal Floor Desk Policy Fiscal Floor Conf.
Conc.
Enrolled Vetoed Chaptered
1st House 2nd House

Summary:
Would establish, for contracts entered into on or after January 1, 2016, a claim resolution process applicable to all public entity contracts. The bill would define a claim as a contractor's written demand or assertion, including a request for a modification, contract amendment, or change order, seeking an adjustment or interpretation of the terms of the contract documents, payment of money, extension of time, or other relief, including a determination of disputes or matters arising out of, or related to, the contract documents or the performance of work on a public work. This bill contains other related provisions and other existing laws.


  AB 1470    (Alejo D)   Working hours: overtime.  

Current Text: Introduced: 2/27/2015   pdf   html

Status: 3/2/2015-Read first time. 

Desk Policy Fiscal Floor Desk Policy Fiscal Floor Conf.
Conc.
Enrolled Vetoed Chaptered
1st House 2nd House

Summary:
Would exempt from overtime pay an employee with a total gross annual compensation of at least $100,000 if that employee also regularly performs any of the exempt duties or responsibilities of an executive, administrative, or professional employee as set forth in the Industrial Welfare Commission Wage Orders. This bill would only apply to an employee whose primary duty includes office or nonmanual work, as described. By expanding the scope of an existing crime, this bill would impose a state-mandated local program. This bill contains other related provisions and other existing laws.


  SB 3    (Leno D)   Minimum wage: adjustment.  

Current Text: Introduced: 12/1/2014   pdf   html

Status: 1/15/2015-Referred to Com. on L. & I.R.

Desk Policy Fiscal Floor Desk Policy Fiscal Floor Conf.
Conc.
Enrolled Vetoed Chaptered
1st House 2nd House

Summary:
Would increase the minimum wage, on and after January 1, 2016, to not less than $11 per hour, on and after July 1, 2017, to not less than $13 per hour. The bill would require the annual automatic adjustment of the minimum wage, commencing January 1, 2019, to maintain employee purchasing power diminished by the rate of inflation during the previous year. The adjustment would be calculated using the California Consumer Price Index, as specified. The bill would prohibit the Industrial Welfare Commission (IWC) from adjusting the minimum wage downward and from adjusting the minimum wage if the average percentage ofinflation for the previous year was negative. 


  SB 358    (Jackson D)   Conditions of employment: wages and working conditions: gender wage differential.  

Current Text: Introduced: 2/24/2015   pdf   html

Status: 2/25/2015-From printer. May be acted upon on or after March 27. 

Desk Policy Fiscal Floor Desk Policy Fiscal Floor Conf.
Conc.
Enrolled Vetoed Chaptered
1st House 2nd House

Summary:
Current law regulates the payment of compensation to employees by employers and prohibits an employer from conditioning employment on requiring an employee to refrain from disclosing the amount of his or her wages, signing a waiver of the right to disclose the amount of those wages, or discharging an employee for making such a disclosure. Current law establishes similar prohibitions in connection with disclosing an employer's workplace conditions. This bill would extend the prohibitions described above to discussions and inquiries regarding the wages of an employee, the wages of other employees, and workplace conditions.


  SB 368    (Berryhill R)   Employment: work hours.  

Current Text: Introduced: 2/24/2015   pdf   html

Status: 2/25/2015-From printer. May be acted upon on or after March 27. 

Desk Policy Fiscal Floor Desk Policy Fiscal Floor Conf.
Conc.
Enrolled Vetoed Chaptered
1st House 2nd House

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 588    (De León D)   Employment.  

Current Text: Introduced: 2/26/2015   pdf   html

Status: 2/27/2015-From printer. May be acted upon on or after March 29. 

Desk Policy Fiscal Floor Desk Policy Fiscal Floor Conf.
Conc.
Enrolled Vetoed Chaptered
1st House 2nd House

Summary:
Current law prohibits a person or entity from entering into a contract or agreement for labor or services with specified types of contractors if the person or entity knows or should know that the contract or agreement does not include funds sufficient to allow the contractor to comply with all applicable local, state, and federal laws or regulations governing the labor or services to be provided, and provides there is a rebuttable presumption affecting the burden of proof that there has been no violation of this provision if the contract or agreement meets specified requirements. This bill would make nonsubstantive changes to these provisions. 


  SB 653    (Berryhill R)   Underground economy.  

Current Text: Introduced: 2/27/2015   pdf   html

Status: 3/2/2015-Read first time. 

Desk Policy Fiscal Floor Desk Policy Fiscal Floor Conf.
Conc.
Enrolled Vetoed Chaptered
1st House 2nd House

Summary:
Under current law, the Labor Commissioner may authorize an employee of any of the specified agencies that participate in the Joint Enforcement Strike Force on the Underground Economy, as defined, to issue citations and issue and serve a penalty assessment order, as provided. This bill would declare the intent of the Legislature to enact legislation that would address issues relating to the underground economy in order to ensure a level playing field for businesses in this state. 


  SB 702    (McGuire D)   Employment: employer obligations.  

Current Text: Introduced: 2/27/2015   pdf   html

Status: 3/2/2015-Read first time. 

Desk Policy Fiscal Floor Desk Policy Fiscal Floor Conf.
Conc.
Enrolled Vetoed Chaptered
1st House 2nd House

Summary:
Current law requires an employer to provide each employee, as defined, at the time of hiring, with a notice that specifies the rate and the basis of the employee's wages and to notify each employee in writing of any changes to the information set forth in the notice, as specified. If the employer is a temporary services employer, as defined, the notice is to include the name, physical address of the main office, the mailing address, if different from the physical address, and the telephone number of the legal entity for whom the employee will perform work. This bill would require the temporary services employer to include in the notice the email address, if one is on file with the temporary services employer, of the legal entity for whom the employee will perform work.


  SB 771    (Stone R)   Employment.  

Current Text: Introduced: 2/27/2015   pdf   html

Status: 3/2/2015-Read first time. 

Desk Policy Fiscal Floor Desk Policy Fiscal Floor Conf.
Conc.
Enrolled Vetoed Chaptered
1st House 2nd House

Summary:
The Labor Code Private Attorneys General Act of 2004 provides that a civil penalty for a violation of the Labor Code may be recovered through a civil action brought by an aggrieved employee, as specified. This bill would make a technical, nonsubstantive change to that provision. 

 


  Whistleblower


 


  AB 474    (Brown D)   Health facilities: antiretaliation protections.  

Current Text: Introduced: 2/23/2015   pdf   html

Status: 2/24/2015-From printer. May be heard in committee March 26. 

Desk Policy Fiscal Floor Desk Policy Fiscal Floor Conf.
Conc.
Enrolled Vetoed Chaptered
1st House 2nd House

Summary:
Current law prohibits a licensee of a long-term health care facility from discriminating or retaliating in any manner against a complainant, or a patient or employee in its facility, based on the presentation of a grievance or complaint or activities related to a specified investigation or proceeding at the facility. Current law makes the willful violation of these provisions punishable as a crime. This bill would expand the antiretaliation protections to apply to all health care workers of a long-term health care facility. The bill would increase the civil penalties and criminal penalties that apply to licensees who violate the provisions.

 


  Workers Comp


 


  AB 438    (Chiu D)   State government: workers' compensation: bilingual services.  

Current Text: Introduced: 2/23/2015   pdf   html

Status: 2/24/2015-From printer. May be heard in committee March 26. 

Desk Policy Fiscal Floor Desk Policy Fiscal Floor Conf.
Conc.
Enrolled Vetoed Chaptered
1st House 2nd House

Summary:
Would make the provisions of the Dymally-Alatorre Bilingual Services Act applicable to the State Compensation Insurance Fund, and to the Department of Industrial Relations and Division of Workers' Compensation when providing specified forms and notices. The bill would provide that the failure of the department or division to comply with the Dymally-Alatorre Bilingual Services Act tolls any statutory or regulatory time period for one year with regard to an applicant's compliance with a notice or deadline under the workers' compensation system. This bill contains other existing laws.


  AB 511    (Gipson D)   Workers' compensation.  

Current Text: Introduced: 2/23/2015   pdf   html

Status: 2/24/2015-From printer. May be heard in committee March 26. 

Desk Policy Fiscal Floor Desk Policy Fiscal Floor Conf.
Conc.
Enrolled Vetoed Chaptered
1st House 2nd House

Summary:
Current law designates illnesses and conditions that constitute a compensable injury for various employees, such as California Highway Patrol members, firefighters, and certain peace officers. These injuries include, but are not limited to, hernia, pneumonia, heart trouble, cancer, meningitis, and exposure to a biochemical substance when the illness or condition develops or manifests itself during a period when the officer or employee is in service of his or her employer, as specified. This bill would expand the coverage of the above provisions relating to compensable injury, to include other, full-time peace officers described pursuant to specified provisions of law. 


  AB 686    (Daly D)   Unauthorized practice of law: referrals.  

Current Text: Introduced: 2/25/2015   pdf   html

Status: 2/26/2015-From printer. May be heard in committee March 28. 

Desk Policy Fiscal Floor Desk Policy Fiscal Floor Conf.
Conc.
Enrolled Vetoed Chaptered
1st House 2nd House

Summary:
The State Bar Act prohibits persons who are not active members of the State Bar from practicing law in California, defined as including, among other things, advertising or holding himself or herself out as entitled to practice law or literally translating from English into another language, in any document, any words that imply that he or she is an attorney. The law makes a violation of this prohibition a misdemeanor. This bill would expand that prohibition to include referring a person injured in the course of employment to a lawyer or law firm for professional services in connection with the injury. 


  AB 698    (Gaines, Beth R)   Workers' compensation.  

Current Text: Introduced: 2/25/2015   pdf   html

Status: 2/26/2015-From printer. May be heard in committee March 28. 

Desk Policy Fiscal Floor Desk Policy Fiscal Floor Conf.
Conc.
Enrolled Vetoed Chaptered
1st House 2nd House

Summary:
Current law establishes a workers' compensation system, administered by the Administrative Director of the Division of Workers' Compensation, to compensate an employee for injuries sustained in the course of his or her employment, and provides that it is the intent of the Legislature that any use of the obsolete term "workmen's compensation" be replaced in the law with the term "workers' compensation." This bill would make a technical, nonsubstantive change to the above provision. 


  AB 979    (Mayes R)   Workers' compensation.  

Current Text: Introduced: 2/26/2015   pdf   html

Status: 2/27/2015-From printer. May be heard in committee March 29. 

Desk Policy Fiscal Floor Desk Policy Fiscal Floor Conf.
Conc.
Enrolled Vetoed Chaptered
1st House 2nd House

Summary:
Current law establishes a workers' compensation system, administered by the Administrative Director of the Division of Workers' Compensation, to compensate an employee for injuries sustained in the course of his or her employment. This bill would state the intent of the Legislature to enact legislation relating to workers' compensation. 


  AB 1124    (Perea D)   Workers' compensation: formulary: prescription medications.  

Current Text: Introduced: 2/27/2015   pdf   html

Status: 3/2/2015-Read first time. 

Desk Policy Fiscal Floor Desk Policy Fiscal Floor Conf.
Conc.
Enrolled Vetoed Chaptered
1st House 2nd House

Summary:
The Administrative Director of the Division of Workers' Compensation is authorized to adopt, amend, or repeal, after public hearings, any rules and regulations that are reasonably necessary to enforce the state workers' compensation provisions, except where that power is specifically reserved to the Workers' Compensation Appeals Board. This bill would require the administrative director to establish a formulary for the purposes of prescribing prescription medications. 


  AB 1170    (Alejo D)   Workers' compensation.  

Current Text: Introduced: 2/27/2015   pdf   html

Status: 3/2/2015-Read first time. 

Desk Policy Fiscal Floor Desk Policy Fiscal Floor Conf.
Conc.
Enrolled Vetoed Chaptered
1st House 2nd House

Summary:
Would exempt agricultural employers, as defined, from the requirement to secure payment of workers' compensation and would create the Pilot Program for the Care of Agricultural Workers. This bill would create the Care of Agricultural Workers Fund, a continuously appropriated fund. This bill would require the Administrative Director of the Department of Industrial Relations to evaluate the amount spent by agricultural employers on workers' compensation and the amount spent on workers' compensation medical coverage. 


  AB 1308    (Perea D)   Apprenticeship programs: approval.  

Current Text: Introduced: 2/27/2015   pdf   html

Status: 3/2/2015-Read first time. 

Desk Policy Fiscal Floor Desk Policy Fiscal Floor Conf.
Conc.
Enrolled Vetoed Chaptered
1st House 2nd House

Summary:
Would revise specified conditions for when the apprentice training needs in the building and construction trades justify a new apprentice program. This bill would also remove the authority of the California Apprenticeship Council to approve a new apprenticeship program justified by special circumstances by regulation. 


  AB 1451    (Chávez R)   Workers' compensation.  

Current Text: Introduced: 2/27/2015   pdf   html

Status: 3/2/2015-Read first time. 

Desk Policy Fiscal Floor Desk Policy Fiscal Floor Conf.
Conc.
Enrolled Vetoed Chaptered
1st House 2nd House

Summary:
Current law establishes a workers' compensation system, administered by the Administrative Director of the Division of Workers' Compensation, to compensate an employee for injuries sustained in the course of his or her employment, and provides that it is the intent of the Legislature that any use of the obsolete term "workmen's compensation" be replaced in the law with the term "workers' compensation." This bill would make a technical, nonsubstantive change to the above provision. 


  SB 522    (Mendoza D)   Workers' compensation: advertisements.  

Current Text: Introduced: 2/26/2015   pdf   html

Status: 2/27/2015-From printer. May be acted upon on or after March 29. 

Desk Policy Fiscal Floor Desk Policy Fiscal Floor Conf.
Conc.
Enrolled Vetoed Chaptered
1st House 2nd House

Summary:
Current law requires the Administrative Director of the Division of Workers' Compensation to promulgate regulations regarding advertisements relating to workers' compensation, and requires the administrative director to take particular care to preclude any advertisements with respect to industrial injuries or illnesses that are false or that mislead the public with respect to workers' compensation. This bill would make technical, nonsubstantive changes to these provisions. 


  SB 542    (Mendoza D)   Workers' compensation.  

Current Text: Introduced: 2/26/2015   pdf   html

Status: 2/27/2015-From printer. May be acted upon on or after March 29. 

Desk Policy Fiscal Floor Desk Policy Fiscal Floor Conf.
Conc.
Enrolled Vetoed Chaptered
1st House 2nd House

Summary:
Current law prohibits a person or entity, other than physicians or attorneys, from advertising, printing, displaying, publishing, distributing, or broadcasting in any manner a statement concerning services or benefits to be provided to an injured worker, which is paid for by that person or entity that is false, misleading, or deceptive. Violation of these provisions is a misdemeanor punishable by incarceration in the county jail for not more than one year, or by a fine not exceeding $10,000, or by both that imprisonment and fine. This bill would make technical, nonsubstantive changes to these provisions.


  SB 563    (Pan D)   Workers' compensation: utilization review.  

Current Text: Introduced: 2/26/2015   pdf   html

Status: 2/27/2015-From printer. May be acted upon on or after March 29. 

Desk Policy Fiscal Floor Desk Policy Fiscal Floor Conf.
Conc.
Enrolled Vetoed Chaptered
1st House 2nd House

Summary:
Current law requires every employer, for purposes of workers' compensation, to establish a utilization review process to prospectively, retrospectively, or concurrently review requests by physicians for authorization to provide recommended medical treatment to injured employees. This bill would require each employer, insurer, or other entity that is subject to the utilization review process to disclose the payment methodology for each person who is involved in the process of reviewing, approving, modifying, delaying, or denying requests by physicians for authorization prior to, retrospectively to, or concurrently with the provision of medical treatment services to injured workers by providing this information to employees, physicians, and the public upon request. 


  SB 623    (Lara D)   Workers' compensation: benefits.  

Current Text: Introduced: 2/27/2015   pdf   html

Status: 3/2/2015-Read first time. 

Desk Policy Fiscal Floor Desk Policy Fiscal Floor Conf.
Conc.
Enrolled Vetoed Chaptered
1st House 2nd House

Summary:
Would provide that a person shall not be excluded from receiving benefits under the Uninsured Employers Fund or the Subsequent Injuries Benefits Trust Fund based on his or her citizenship or immigration status. This bill contains other existing laws.

 

 

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California Employment Lawyers Association   •   Phone: (818) 703-0587   •   Fax: (818) 703-0591