SIGN IN:   Email: Password:     Forgot password?
 
CELA logo

Bills we are tracking

 

Legislative Update
as of 3/9/2017

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.  

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

 


  Civil Procedure



     
 
  AB 383 (Chau D)   Civil actions: discovery status conference.
  Summary: Current law establishes the Civil Discovery Act, which governs the rules and procedures related to discovery in all civil cases, and specifies, among other things, the time for completion of discovery. The act authorizes a party to resolve certain discovery disputes by filing a noticed motion. This bill would authorize a court to require the parties to an action or proceeding to attend a conference to discuss discovery matters, including matters in dispute between the parties. The bill would also authorize the court to extend the time for a party to notice a motion with regard to any discovery matter that is not resolved by the status conference.
     
 
  AB 535 (Jones-Sawyer D)   Trial jurors: eligibility.
  Summary: Current law excludes from jury service a person who has been convicted of malfeasance in office. Current law also excludes from jury service a felon whose civil rights have not been restored. This bill would instead exclude a felon who has not completed probation, parole, post-release community supervision, or mandatory supervision. This bill would also categorically exclude a person who has been convicted of bribery, perjury, forgery, or other high crimes.
     
 
  AB 644 (Berman D)   Civil procedure: motion to strike and motion for judgment on the pleadings: meet and confer requirement.
  Summary: Would, until January 1, 2021, require a party, before filing a motion to strike or a motion for judgment on the pleadings, to meet and confer with the party who filed the pleading so that the parties can try to reach an agreement that resolves the objections or claims that would be raised in the motion to strike or motion for judgment on the pleadings. The bill would establish certain requirements and limits on the meet and confer process.
     
 
  AB 828 (Obernolte R)   Civil actions: fee recovery.
  Summary: Current law enumerates the costs that a prevailing party may recover in a civil action. Current law provides that costs for models and enlargements of exhibits and photocopies of exhibits may be recovered if the items were reasonably helpful to aid the trier of fact.This bill would authorize a prevailing party to recover fees for the costs associated with the electronic presentation of exhibits, including technical consultant fees and equipment rental costs.
     
 
  AB 889 (Stone, Mark D)   Secrecy agreements: public dangers.
  Summary: Current law generally permits the parties to a civil action to include, as a condition to a settlement, a prevision requiring that information about the settlement or the underlying dispute be kept confidential. This bill would provide that in an action based upon the existence of a danger to the public health or safety, as defined, information relating to the danger that was discovered during the course of litigation shall not be kept secret pursuant to an agreement of the parties or a court order, except pursuant to a court order based upon independent findings, as specified.
     
 
  AB 976 (Berman D)   Electronic filing and service.
  Summary: Under current law, the Orange County Superior Court is authorized until July 1, 2014, to establish a pilot project to require parties to specified civil actions to file and serve documents electronically, subject to certain requirements. This bill would remove the authorization of the Orange County Superior Court to establish the aforementioned pilot project, and would instead authorize all trial courts in the State of California to, by local rule, require the electronic filing and service of documents in civil actions, as specified, in accordance with certain requirements.
     
 
  AB 984 (Calderon D)   Courts: frivolous actions or tactics.
  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, as defined, that are frivolous or solely intended to cause unnecessary delay. Current law requires that any sanctions imposed pursuant to those provisions be imposed consistently with the standards, conditions, and procedures set forth in specified provisions relating to sanctions. This bill would extend the authorization of the trial court to order the payment of those reasonable expenses until January 1, 2019.
     
 
  SB 33 (Dodd D)   Contracts for goods or services: waiver: fraud, identity theft, and wrongful use of personal identifying information.
  Summary: Would prohibit a person from requiring a waiver of a legal right that arises as a result of fraud, identity theft, and any other act related to the wrongful use of personal identifying information as a condition of entering into a contract for the provision of goods or services. The bill would require any waiver of these rights to be knowing and voluntary, express and in writing, and not a condition of entering into the contract or a condition of providing or receiving goods or services. 
     
 
  SB 467 (Wilk R)   Civil actions: appearance by electronic means.
  Summary: Would permit a party who has provided notice to appear by electronic means that provide remote access to a conference, hearing, or proceeding in all civil cases, including probate, guardianship, conservatorship, juvenile, and family law proceedings. The bill would require the Judicial Council to adopt rules and establish fees effectuating the policies and provisions made by this act no later than July 1, 2019, and would also make conforming changes to other provisions of law.
     
 
  SB 484 (Roth D)   Deposition reporting services: unlawful business practices.
  Summary: Would provide that it is unlawful for a person or entity that employs one or more deposition officers for the purpose of transcribing deposition testimony to give, pursuant to any agreement or understanding, oral or otherwise, any referral fee, kickback, bribe, rebate, or thing of value to an attorney or law firm, or to an employee or independent contractor of an attorney or law firm, as compensation or inducement in connection with the services to be provided by the deposition officer, as specified.
     
 
  SB 626 (Newman D)   Unfair competition.
  Summary: Current law authorizes the Attorney General and other public prosecutors to bring an action for relief from an act of unfair competition, as defined. Under current law, a civil penalty may be assessed in the action that is designated for the exclusive use of a public prosecutor, including the Attorney General, for enforcing consumer protection laws. Under current law, if a person violates these unfair competition provisions and the act or acts are perpetrated against one or more senior citizens or disabled persons, the person is authorized to be liable for a specified civil penalty. Current law defines various terms for purposes of carrying out that provision. This bill would make a nonsubstantive change to that definition provision.


  Discrimination & Civil Rights



     
 
  AB 39 (Bocanegra D)   Hate crimes.
  Summary: Would declare the intent of the Legislature to enact legislation to establish a “Hate Crime Registry” for purposes of creating a repository of information on hate crimes committed in California.
     
 
  AB 291 (Chiu D)   Housing: immigration.
  Summary: The State Bar Act makes it a cause for suspension, disbarment, or other discipline for any member of the State Bar to report suspected immigration status or threaten to report suspected immigration status of a witness or party to a civil or administrative action or his or her family member, as defined, to a federal, state, or local agency because the witness or party exercises or has exercised a right related to his or her employment. This bill would expand that provision to make it a cause for suspension, disbarment, or other discipline for a member of the State Bar to report suspected immigration status or threaten to report suspected immigration status of a witness or party to a civil or administrative action or his or her family member, as defined, to a federal, state, or local agency because the witness or party exercises or has exercised a right related to the hiring of residential real property.
     
 
  AB 569 (Gonzalez Fletcher D)   Discrimination: reproductive health.
  Summary: Would amend provisions of labor law relating to the obligations of an employer to prohibit an employer from taking any adverse employment action, as defined, against an employee based on the use of any drug, device, or medical service related to reproductive health by an employee or employee’s dependent or requiring an employee to sign a waiver or other document that purports to deny any employee the right to make his or her own reproductive health care decisions, including the use of a particular drug, device, or medical service. 
     
 
  AB 740 (Reyes D)   Oaths and affirmations.
  Summary: Under current law, a judge or justice, among others, may administer oaths or affirmations. Current law also authorizes a former judge or justice of a court of record in this state who retired or resigned from office to administer oaths and affirmations. This bill would require the Commission on Judicial Performance to issue a certification enabling a former judge or justice to administer oaths and affirmations if a formal disciplinary proceeding was not pending at the time of the former judge or justice’s retirement or resignation and the former judge or justice’s application for retirement disability, if any, does not evidence that the former judge or justice had a cognitive impairment at the time of the application.
     
 
  AB 1008 (McCarty D)   Employment discrimination: prior criminal history.
  Summary: Would provide it is an unlawful employment practice for an employer to include on any application for employment any question that seeks the disclosure of an applicant’s criminal history, to inquire into or consider the conviction history of an applicant until that applicant has received a conditional offer, and, when conducting a conviction history background check, to consider, distribute, or disseminate specified information related to prior criminal convictions, except as provided.
     
 
  AB 1161 (Ting D)   Hate crimes.
  Summary: Current law defines a “hate crime” as a criminal act committed, in whole or in part, because of actual or perceived characteristics of the victim, including, among other things, race, religion, disability, and sexual orientation.This bill would state the intent of the Legislature to enact legislation to empower communities to safely reduce the number of hate crimes.
     
 
  AB 1556 (Stone, Mark D)   Employment.
  Summary: Current law, the California Fair Employment and Housing Act, protects and safeguards the right and opportunity of all persons to seek, obtain, and hold employment without discrimination, abridgment, or harassment on account of 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.This bill would make nonsubstantive changes to these provisions.
     
 
  SB 31 (Lara D)   California Religious Freedom Act: state agencies: disclosure of religious affiliation information.
  Summary: Would prohibit a state or local agency or a public employee acting under color of law from providing or disclosing to the federal government personal information regarding a person’s religious beliefs, practices, or affiliation, as specified, when the information is sought for compiling a database of individuals based on religious belief, practice or affiliation, national origin, or ethnicity for law enforcement or immigration purposes.


  Family & Medical Leave



     
 
  AB 1390 (Chávez R)   Academic employees: parental leave.
  Summary: Current law establishes community college districts, administered by governing boards, throughout the state. Current law provides that during each school year, a person employed in an academic position may use his or her sick leave for purposes of parental leave for a period of up to 12 workweeks. Current law provides a differential pay benefit for persons employed in academic positions that have exhausted all available sick leave and continue to be absent from their duties on account of parental leave, as specified. This bill would make nonsubstantive changes to these provisions.
     
 
  SB 62 (Jackson D)   Unlawful employment: family care and medical leave.
  Summary: Would make various changes to the definitions of the Moore-Brown-Roberti Family Rights Act as specified, thereby expanding the persons and purposes for which leave is required to be provided under the act. The bill would redefine the term “child” to include a biological, adopted, or foster son or daughter, a stepchild, a legal ward, a son or daughter of a domestic partner, or a person to whom the employee stands in loco parentis, and would remove the restriction on age or dependent status. The bill would expand the definition of leave with regard to caring for persons with a serious health condition to also include leave to care for a grandparent, grandchild, sibling, or domestic partner who has a serious health condition. 
     
 
  SB 63 (Jackson D)   Unlawful employment practice: parental leave.
  Summary: Would prohibit an employer, as defined, from refusing to allow an employee with more than 12 months of service with the employer, and who has at least 1,250 hours of service with the employer during the previous 12-month period, to take up to 12 weeks of parental leave to bond with a new child within one year of the child’s birth, adoption, or foster care placement. The bill would also prohibit an employer from refusing to maintain and pay for coverage under a group health plan for an employee who takes this leave. The bill would provide that it would not apply to an employee who is subject to both specified state law regarding family care and medical leave, and the federal Family and Medical Leave Act of 1993.
     
 
  SB 728 (Newman D)   State public employees: sick leave: veterans with service-related disabilities.
  Summary: Would grant a state officer or employee who serves as a member of the National Guard or federal military reserve force who is called up to active military service and as a result sustains a military service-connected disability rated at 30% or more by the United States Department of Veterans Affairs an additional credit for sick leave with pay of up to 96 hours for the purpose of undergoing medical treatment for his or her military service-connected disability. This bill contains other existing laws.
     
 
  SB 731 (Newman D)   Public school employees: military veterans: leave of absence for illness or injury.
  Summary: Current law requires a certificated employee hired on or after January 1, 2017, who is a military veteran with a military service-connected disability rated at 30% or more by the United States Department of Veterans Affairs be entitled to a leave of absence for illness or injury with pay of up to 10 days for the purpose of undergoing medical treatment for his or her military service-connected disability, as specified. This bill would expand these requirements to include a certificated employee who is a member or military veteran of the California National Guard or reserve component of the federal military returning from a federal military mobilization with a military service-connected disability rated at 30% or more by the United States Department of Veterans Affairs that was incurred during the federal active duty recently completed.


  Health & Safety



     
 
  AB 402 (Thurmond D)   Occupational safety and health standards: plume.
  Summary: Would, by June 1, 2018, require the Division of Occupational Safety and Health to convene an advisory committee to develop a regulation that requires a health facility to evacuate or remove plume through the use of a plume scavenging system in all settings that employ techniques that involve the creation of plume and would authorize certain entities and people to be on the advisory committee, including, among others, practicing physicians and surgeons from affected specialties. 
     
 
  AB 442 (Frazier D)   Employer liability: small business and microbusiness.
  Summary: Would prohibit the Division of Occupational Safety and Health from commencing any enforcement action for any nonserious violation, as defined, against any employer where the employer is a small business or microbusiness, as defined, without first giving the employer written notice and providing the employer 30 days to correct the violation. The bill would authorize the division to assess a reasonable fee to cover its costs not to exceed $50.
     
 
  AB 978 (Limón D)   Employment safety: injury and illness prevention program.
  Summary: Would require an employer who receives a written request for a paper or electronic copy of the written injury prevention program from a current employee, or his or her authorized representative, to comply with the request as soon as practicable, but no later than 5 business days from the date the employer receives the request. The bill would require the employer to provide the copy of the written injury prevention program free of charge. This bill contains other related provisions and other existing laws.
     
 
  AB 1056 (Kiley R)   Asbestos Tort Trust Transparency Act and trial preferences.
  Summary: Would enact the Asbestos Tort Claim Trust Transparency Act, which would establish additional procedures with respect to civil actions pertaining to asbestos tort claims, as defined. The bill would, among other things, require that a plaintiff disclose specified information with respect to any asbestos trusts, as defined, against which the plaintiff has or could pursue a claim, and entitle a defendant to discovery with respect to relevant information pertaining to the plaintiff held by other asbestos trusts and to pursue various motions.


  Human Trafficking



     
 
  AB 260 (Santiago D)   Human trafficking.
  Summary: Would require hotels, motels, inns, bed and breakfasts, and other locations that provides transient lodging, other than personal residences, to post the notice relating to slavery and human trafficking, as specified.
     
 
  SB 225 (Stern D)   Human trafficking.
  Summary: Would require hotels, motels, inns, bed and breakfasts, and other locations that provide transient lodging, other than personal residences, to post the notice relating to slavery and human trafficking and would require the notice to specify that a person can also text specified nonprofit organizations for services and support. The bill, by April 1, 2018, would require the department to revise and update the notice, as specified.
     
 
  SB 270 (Atkins D)   Human trafficking recognition and reporting: training: hotels and motels.
  Summary: Would require a hotel or motel that provides lodging services in the state to train its employees who are likely to interact or come into contact with victims of human trafficking in recognizing the signs of human trafficking and how to report those signs to the appropriate law enforcement agency, as specified. The bill would prescribe certain characteristics that the training program is required to have and require it to be approved by the Department of Justice. 


  Immigrant Employee Rights



     
 
  AB 450 (Chiu D)   Employment regulation.
  Summary: Current law prohibits an employer or other person or entity to engage in, or to direct another person or entity to engage in, unfair immigration-related practices against a person for exercising specified rights. Current law defines unfair immigration-related practices for these purposes. This bill would make nonsubstantive changes to these provisions. 
     
 
  SB 54 (De León D)   Law enforcement: sharing data.
  Summary: Current law provides that when there is reason to believe that a person arrested for a violation of specified controlled substance provisions may not be a citizen of the United States, the arresting agency shall notify the appropriate agency of the United States having charge of deportation matters. This bill would repeal those provisions.


  Labor Relations



     
 
  AB 52 (Cooper D)   Public employees: orientation and informational programs: exclusive representatives.
  Summary: Current law, including the Meyers-Milias-Brown Act, the Ralph C. Dills Act, the Trial Court Employment Protection and Governance Act, the Trial Court Interpreter Employment and Labor Relations Act, and the Los Angeles County Metropolitan Transportation Authority Transit Employer-Employee Relations Act, as well as provisions commonly referred to as the Educational Employment Relations Act and the Higher Education Employer-Employee Relations Act, regulates the labor relations of the state, the courts, and specified local public agencies and their employees. This bill would require the public employers regulated by the acts described above to provide all employees an orientation. The bill would also require these public employers to permit the exclusive representative, if applicable, to participate.
     
 
  AB 1174 (Harper R)   Right to work: labor organizations.
  Summary: Would, commencing January 1, 2018, prohibit a person from requiring an employee, as a condition of obtaining or continuing employment, to contribute financial support to a labor organization or financially support a charity or other organization sponsored by, or at the behest of, a labor organization. This bill would permit an employee or potential employee to seek injunctive relief or monetary damages, or both, for violations or threatened violations of these provisions. This bill would exempt specified employers and employees covered by federal law and would exempt circumstances that would be preempted by federal law from these provisions.


  Public Employment



     
 
  AB 31 (Rodriguez D)   Whistleblowers: California State Auditor.
  Summary: Would amend the California Whistleblower Protection Act to establish provisions specifically for an employee of the California State Auditor’s Office to file a written complaint alleging reprisal, retaliation, or similar prohibited acts with the employee’s supervisor or manager or with the Joint Committee on Rules. The bill would require the Joint Committee on Rules to administer its provisions and to investigate and report on improper governmental activities of the California State Auditor’s Office. The bill would require a complaint to be filed together with a sworn statement that the complaint is true, under penalty of perjury. 
     
 
  AB 52 (Cooper D)   Public employees: orientation and informational programs: exclusive representatives.
  Summary: Current law, including the Meyers-Milias-Brown Act, the Ralph C. Dills Act, the Trial Court Employment Protection and Governance Act, the Trial Court Interpreter Employment and Labor Relations Act, and the Los Angeles County Metropolitan Transportation Authority Transit Employer-Employee Relations Act, as well as provisions commonly referred to as the Educational Employment Relations Act and the Higher Education Employer-Employee Relations Act, regulates the labor relations of the state, the courts, and specified local public agencies and their employees. This bill would require the public employers regulated by the acts described above to provide all employees an orientation. The bill would also require these public employers to permit the exclusive representative, if applicable, to participate.
     
 
  AB 621 (Bocanegra D)   Classified employees: Classified School Employees Summer Furlough Fund.
  Summary: Current law authorizes the governing board of any school district not paying the annual or monthly salaries of persons employed by the school district in 12 equal monthly payment to withhold, upon election by the individual employee, a designated amount from each payment made to that employee. This bill, notwithstanding the existing law referenced above, commencing with the 2018–19 school year, would authorize a classified employee of a school district that does not pay the annual or monthly salaries of its classified employees in 12 equal monthly payments to participate in the Classified School Employees Summer Furlough Fund. 
     
 
  AB 1309 (Cooley D)   Employment without reinstatement: failure to enroll or report: fee.
  Summary: Would authorize the Board of Administration of the Public Employees’ Retirement System to assess an employer that fails to enroll, solely for the administrative recordkeeping purposes of the system, a retired member employed without reinstatement within 30 days after the effective date of hire, or that fails to report the pay rate and number of hours worked by the retired member within 30 days of the last day of the pay period in which the retired member worked, a $200 fee per month, as specified. The bill would prohibit an employer from passing those fees on to an employee.
     
 
  AB 1603 (Ridley-Thomas D)   Meyers-Milias-Brown Act: local public agencies.
  Summary: The MMBA rules and regulations may include exclusive recognition of employee organizations formally recognized pursuant to a vote of the employees of the agency or an appropriate unit thereof, subject to the right of an employee to represent himself or herself. This bill instead would specify that those rules and regulations may provide for exclusive recognition of employee organizations formally recognized pursuant to a vote of the employees of the agency or an appropriate unit thereof, subject to the employee’s right to represent himself or herself, and provided that an otherwise appropriate unit of a public agency and one or more joint employers do not require the agency or joint employer’s consent.


  Retirement and Benefits



     
 
  SB 571 (Pan D)   Public employee retirement plans: automatic enrollment and escalation.
  Summary: Would authorize a state or local public employer participating in an employee supplemental retirement savings plan, defined to include specified deferred compensation plans and payroll deduction individual retirement account plans, to make a deduction from the wages or compensation of an employee for contributions attributable to automatic enrollment and automatic escalation in the employee retirement plan. 
     
 
  SB 581 (De León D)   Cal-COBRA: disclosures.
  Summary: Current law requires a group benefit plan that is subject to Cal-COBRA to make specified disclosures to covered employees, including that a covered employee who is considering declining continuation of coverage should be aware that companies selling individual health insurance may require a review of the employee’s medical history that could result in a higher premium or denial of coverage. This bill would eliminate the disclosure requirement described above.
     
 
  SB 783 (Pan D)   State employment: unused leave buy-back.
  Summary: Would authorize an employee designated as supervisory, confidential, excluded, or managerial to elect to be paid at his or her regular rate of pay for up to 80 hours of unused leave credit, as defined, upon a determination by the Department of Human Resources to offer an annual buy-back of this credit. The bill would require the department to determine the date of eligibility and conditions of buy-back and the period during which an application for buy-back will be accepted.


  Wage and Hour



     
 
  AB 5 (Gonzalez Fletcher D)   Employers: Opportunity to Work Act.
  Summary: Would create the Opportunity to Work Act. The bill would require an employer with 10 or more employees to offer additional hours of work to an existing nonexempt employee before hiring an additional employee or subcontractor, except as specified, would require an employer to post a notice of employee rights, as specified, and would require the employer to maintain certain documentation. The bill would authorize an employee to file a complaint for violation of these provisions with the division and to, in the alternative, bring a civil action for remedies under the act. 
     
 
  AB 46 (Cooper D)   Employers: wage discrimination.
  Summary: Under current law, an employer or other person who violates or causes a violation of that prohibition, or who reduces the wages of any employee in order to comply with that prohibition, is guilty of a misdemeanor. This bill would define “employer” for those purposes to include public and private employers. The bill would specify that a public employer is not subject to the misdemeanor provision.
     
 
  AB 168 (Eggman D)   Employers: salary information.
  Summary: Would prohibit an employer, including state and local government employers, from seeking salary history information about an applicant for employment, except as otherwise provided. The bill would require an employer, except state and local government employers, upon reasonable request, to provide the pay scale for a position to an applicant for employment. The bill would specify that a violation of its provisions would not be subject to the misdemeanor provision.
     
 
  AB 263 (Rodriguez D)   Emergency medical services workers: rights and working conditions.
  Summary: Would require an employer that provides emergency medical services as part of an emergency medical services system or plan to authorize and permit its employees engaged in prehospital emergency services to take prescribed rest periods. This bill also would require the employer to provide these employees with prescribed meal periods. This bill contains other related provisions and other existing laws.
     
 
  AB 281 (Salas D)   Labor Code Private Attorneys General Act of 2004: penalties.
  Summary: The Labor Code Private Attorneys General Act of 2004 authorizes an aggrieved employee who complies with specified notice and filing requirements to bring a civil action to recover specified civil penalties that would otherwise be assessed and collected by the Labor and Workforce Development Agency (agency). Current law provides that an employee who prevails in an action under these provisions is entitled to recover his or her filing fees and reasonable attorney’s fees and costs. Current law provides that civil penalties may be assessed against the employer, as provided. The bill would provide that an aggrieved employee may be awarded civil penalties based only upon a violation by the employer actually suffered by that employee.
     
 
  AB 387 (Thurmond D)   Minimum wage: health professionals: interns.
  Summary: Current law requires the minimum wage for all industries to not be less than specified amounts to be increased from January 1, 2017, to January 1, 2022, inclusive, for employers employing 26 or more employees and from January 1, 2018, to January 1, 2023, inclusive, for employers employing 25 or fewer employees, except when the scheduled increases are temporarily suspended by the Governor, based on certain determinations. Current law defines an employer for purposes of those provisions. This bill would expand the definition of “employer” for purposes of these provisions to include a person who directly or indirectly, or through an agent or any other person, employs or exercises control over the wages, hours, or working conditions of a person engaged in a period of supervised work experience to satisfy requirements for licensure, registration, or certification as an allied health professional, as defined.
     
 
  AB 543 (Chen R)   Employment: resident apartment manager wages.
  Summary: Current law provides that an employer is not in violation of specified orders of the Industrial Welfare Commission if he or she charges, pursuant to a voluntary written agreement, a resident apartment manager up to 2/3 of the fair market rental value of the apartment supplied to the manager, if the rental value is not applied to satisfy the employer’s minimum wage obligation to the manager. This bill would extend the exemption from those orders of the Industrial Welfare Commission to an employer who does not charge the resident apartment manager any rent and, pursuant to a voluntary written agreement, applies up to 2/3 of the fair market rental value of the apartment to meet his or her minimum wage obligations to the manager.
     
 
  AB 817 (Flora R)   Employment.
  Summary: Current law requires the Labor Commissioner to establish and maintain a field enforcement unit in order to ensure that minimum labor standards are adequately enforced.This bill would make a nonsubstantive change to this provision.
     
 
  AB 945 (Melendez R)   Private Attorneys General Act of 2004.
  Summary: The Labor Code Private Attorneys General Act of 2004 authorizes an aggrieved employee who complies with certain notice and filing requirements, to bring a civil action to recover specified civil penalties. Current law provides that the court and the Labor and Workforce Development Agency review and approve any penalties sought as part of a proposed settlement of a claim. Current law until January 1, 2021, authorizes the agency to extend the time to complete its investigation by 60 days when the agency determines an extension is necessary and issues a notice, as specified. This bill would make nonsubstantive changes to these provisions
     
 
  AB 1028 (Bocanegra D)   Department of Industrial Relations: funds.
  Summary: Current law establishes specified funds for expenditure by the Department of Industrial Relations for purposes relating to workers’ compensation, occupational safety and health, and enforcement activities, and requires the Director of Industrial Relations to impose for each fund separate surcharges on employers for purposes of deposit in the respective fund.This bill would make nonsubstantive changes to those provisions.
     
 
  AB 1045 (Flora R)   Private Attorneys General Act of 2004.
  Summary: The Private Attorneys General Act of 2004 authorizes an aggrieved employee on behalf of himself or herself and other current or former employees to bring a civil action, under specified circumstances, to enforce provisions of the Labor Code that provide for a penalty to be assessed and collected by the Labor and Workforce Development Agency. Current law provides that civil penalties assessed against an employer as the result of the civil action are allocated 75% to the Labor and Workforce Development Agency and 25% to the aggrieved employee. This bill would make nonsubstantive changes to these provisions.
     
 
  AB 1080 (Gonzalez Fletcher D)   Gratuities.
  Summary: Current law prohibits an employer or agent from collecting, taking, or receiving any gratuity or part thereof that is paid, given to, or left for an employee by a patron. Current law defines the terms employer, employee, and gratuity, among others, for purposes of these provisions.This bill would make nonsubstantive changes to the definitions in these provisions.
     
 
  AB 1099 (Gonzalez Fletcher D)   Compensation: gratuities.
  Summary: Would also require an employer that permits a patron to pay for services performed by an employee by debit or credit card to also accept a debit or credit card for payment of gratuity. The bill would require payment of a gratuity made by a patron using a credit card to be made to the employee not later than the next regular payday following the date the patron authorized the credit card payment. Because a violation of these provisions would be a crime, this bill would impose a state-mandated local program.
     
 
  AB 1173 (Harper R)   Employment: work hours: holiday season: overtime.
  Summary: Would establish an overtime exemption for an employee-selected holiday season flexible work schedule. The exemption would allow during the holiday season, as defined, at the request of an individual nonexempt employee working in the retail industry, and upon employer approval, an employee-selected flexible work schedule providing for workdays up to 10 hours per day within a 40-hour workweek. The employer would be obligated to pay overtime based on the employee’s regular rate of pay, as prescribed, for all hours worked over 40 hours in a workweek or over 10 hours in a workday, whichever is greater.
     
 
  AB 1209 (Gonzalez Fletcher D)   Payment of wages.
  Summary: Current law requires a court, in any action brought for the nonpayment of wages, to award interest on all due and unpaid wages at a specified rate of interest, which shall accrue from the date that the wages were due and payable.This bill would make a technical, nonsubstantive change to that provision.
     
 
  AB 1241 (Flora R)   Employment: work hours.
  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.
     
 
  AB 1388 (Chen R)   Employers: wage discrimination.
  Summary: Current law prohibits an employer from paying any of its employees at wage rates less than the rates paid to employees of the opposite sex for substantially similar work, when viewed as a composite of skill, effort, and responsibility, and performed under similar working conditions, unless the employer demonstrates that one or more specific factors, reasonably applied, account for the entire wage differential. Current law also similarly prohibits an employer from paying any of its employees at wage rates less than the rates paid to employees of another race or ethnicity for substantially similar work. This bill would make a nonsubstantive change to those provisions.
     
 
  AB 1429 (Fong R)   Labor Code Private Attorneys General Act of 2004.
  Summary: The Labor Code Private Attorneys General Act of 2004 authorizes an aggrieved employee to bring a civil action to recover specified civil penalties that would otherwise be assessed and collected by the Labor and Workforce Development Agency on behalf of the employee and other current or former employees for the violation of certain provisions affecting employees. The act requires the employee to follow specified procedures before bringing an action. This bill would limit the violations for which an aggrieved employee is authorized to bring a civil action under the act and would require the employee to follow specified procedures before bringing an action.
     
 
  AB 1430 (Fong R)   Labor Code Private Attorneys General Act of 2004.
  Summary: Under the Labor Code Private Attorneys General Act of 2004, an employee is authorized to bring an action for an alleged violation after the agency notifies the employer and the aggrieved employee or representative that it does not intend to investigate the alleged violation, if the agency proceeds with an investigation and no citation is issued, or the agency fails to provide notification as prescribed. This bill would revise those procedural provisions to require the agency, after receiving notification of an alleged violation, to investigate the alleged violation and either issue a citation or determine if there is a reasonable basis for a civil action. 
     
 
  AB 1565 (Thurmond D)   Employment: work hours.
  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 16 (Wieckowski D)   Wage garnishment restrictions: exempt earnings: student loans.
  Summary: Would establish a reduced maximum amount of disposable earnings of an individual judgment debtor subject to levy under an earnings withholding order for a judgment based in whole or in part on a claim for debt on a student loan that is not made, insured, or guaranteed by the United States Government pursuant to the Federal Family Education Loan Program or the William D. Ford Federal Direct Loan Program. This bill contains other existing laws.
     
 
  SB 49 (De León D)   California Environmental, Public Health, and Workers Defense Act of 2017.
  Summary: The Porter-Cologne Water Quality Control Act regulates the discharge of pollutants into the waters of the state. The California Safe Drinking Water Act establishes standards for drinking water and regulates drinking water systems. The California Endangered Species Act requires the Fish and Game Commission to establish a list of endangered species and a list of threatened species and generally prohibits the taking of those species. The Protect California Air Act of 2003 prohibits air quality management districts and air pollution control districts from amending or revising their new source review rules or regulations to be less stringent than those rules or regulations that existed on December 30, 2002. This bill would prohibit state or local agencies from amending or revising their rules and regulations implementing the above state laws to be less stringent than the baseline federal standards, as defined, and would require specified agencies to take prescribed actions to maintain and enforce certain requirements and standards pertaining to air, water, and protected species.
     
 
  SB 306 (Hertzberg D)   Employee protected conduct.
  Summary: Current law provides that an employee who made a bona fide complaint, and was consequently discharged or otherwise suffered an adverse action, is entitled to reinstatement and reimbursement for lost wages. Current law makes it a misdemeanor for an employer to willfully refuse to reinstate or otherwise restore an employee who is determined by a specified procedure to be eligible for reinstatement. Current law subjects a person who violates these provisions to a civil penalty of up to $10,000 per violation. This bill would make technical, nonsubstantive changes to these provisions.
     
 
  SB 391 (Vidak R)   Employment: workers’ compensation and piece-rate compensation.
  Summary: Would require the Labor Commissioner to post each month on the commissioner’s Internet Web site information regarding payments made to the commissioner described above, the total number of employees located for whom the Labor Commissioner has collected payments and the total amount remitted to those employees, and the balance remaining from the amounts paid to the commissioner after remitting payments to employees. This bill contains other related provisions and other existing laws.
     
 
  SB 482 (Stone R)   Domestic work employees.
  Summary: Would authorize a domestic work employee who is a live-in employee or who is required to be on duty for 24 or more consecutive hours to enter into a written agreement with the domestic work employer to exclude from hours worked a bona fide regularly scheduled sleeping period of not more than 8 hours for uninterrupted sleep, if specified conditions are met. If the sleeping period is interrupted by an emergency, only time spent working during the emergency would constitute hours worked. Absent a written agreement, the 8 hours available for sleep would constitute hours worked.
     
 
  SB 490 (Bradford D)   Director of Industrial Relations.
  Summary: Current law establishes the Department of Industrial Relations for specified purposes and provides for its administration by the Director of Industrial Relations.This bill would make a nonsubstantive change to that administration provision.
     
 
  SB 491 (Bradford D)   Labor statistics and research.
  Summary: Under current law, the Department of Industrial Relations collects, compiles, and presents facts and statistics relating to the condition of labor in the state. Current law provides that, except as specified, no use shall be made in the department’s reports of the names of persons supplying information, and makes any agent or employee of the department who violates this provision guilty of a misdemeanor.This bill would also prohibit the use of the identities of persons supplying information to the department.
     
 
  SB 524 (Vidak R)   Employment: violations: good faith defense.
  Summary: Under current law, an employer may face administrative sanctions, civil fines and penalties, and criminal penalties for violations of employment statutes or regulations. This bill would permit a person to raise as an affirmative defense that, at the time of an alleged violation of statute or regulation in a judicial or administrative proceeding, the person was acting in good faith, had sought, relied upon, and conformed with a published opinion letter or enforcement policy of the division, and had provided true and correct information to the division in seeking the opinion letter or enforcement policy.
     
 
  SB 556 (Nguyen R)   Employees: regulation and supervision.
  Summary: Current law regulates the wages, hours, and working conditions of employees with specified exceptions. Under current law, these provisions apply to and include men, women, and minors employed in any occupation, trade, or industry, except as provided.This bill would make nonsubstantive changes to these provisions.
     
 
  SB 574 (Lara D)   University of California: contracts: bidding.
  Summary: Current law requires the regents, except as provided, to let all contracts involving an expenditure of $100,000 or more annually for goods and materials or services, excepting personal or professional services, to the lowest responsible bidder meeting certain specifications, or to reject all bids. This bill, beginning January 1, 2019, would, for these purposes, require contracts for services involving an expenditure of $100,000 or more annually to include any renewals or extensions of the contract that would result in an expenditure of $100,000 or more annually.
     
 
  SB 593 (Roth D)   Employment.
  Summary: Current law establishes the Department of Industrial Relations in the Labor and Workforce Development Agency and specifies that certain provisions relating to departments of the state govern and apply to the conduct of the department.This bill would make a nonsubstantive change to that provision.
     
 
  SB 621 (Bradford D)   Industrial Welfare Commission.
  Summary: Current law establishes the Industrial Welfare Commission within the Department of Industrial Relations and specifies that the commission consists of 5 members appointed by the Governor with the consent of the Senate.This bill would make a nonsubstantive change to that provision.
     
 
  SB 662 (Berryhill R)   Employment: work hours.
  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 744 (Hueso D)   Employee Right to Privacy.
  Summary: Current law establishes the Department of Industrial Relations in the Labor and Workforce Development Agency. Current law provides that one of the functions of the Department of Industrial Relations is to foster, promote, and develop the welfare of the wage earners of California, to improve their working conditions, and to advance their opportunities for profitable employment.This bill would state the intent of the Legislature to enact legislation amending the Labor Code to establish the “Employee Right to Privacy.”
     
 
  SB 753 (Stone R)   Employment: meal periods.
  Summary: Current law requires an employer to provide an employee with one meal period during a work period of more than 5 hours and 2 meal periods during a work period of 10 hours, subject to certain exceptions.This bill would make nonsubstantive changes to these provisions.


  Whistleblower



     
 
  AB 31 (Rodriguez D)   Whistleblowers: California State Auditor.
  Summary: Would amend the California Whistleblower Protection Act to establish provisions specifically for an employee of the California State Auditor’s Office to file a written complaint alleging reprisal, retaliation, or similar prohibited acts with the employee’s supervisor or manager or with the Joint Committee on Rules. The bill would require the Joint Committee on Rules to administer its provisions and to investigate and report on improper governmental activities of the California State Auditor’s Office. The bill would require a complaint to be filed together with a sworn statement that the complaint is true, under penalty of perjury. 
     
 
  AB 1102 (Rodriguez D)   Health facilities: whistleblower protections.
  Summary: Current law prohibits a health facility from discriminating or retaliating against a patient, employee, member of the medical staff, or any other health care worker of the health facility because that person has presented a grievance, complaint, or report to the facility, as specified, or has initiated, participated, or cooperated in an investigation or administrative proceeding related to the quality of care, services, or conditions at the facility, as specified. This bill would additionally prohibit a health facility from discriminating or retaliating against any of the above-described persons because that person has refused an assignment or change in assignment on the basis that it would violate requirements set forth pursuant to regulations adopted under the provisions described above relating to nursing.
     
 
  SB 51 (Jackson D)   Professional licensees: environmental sciences and climate change: whistleblower and data protection.
  Summary: Would require the Secretary for Environmental Protection to ensure that all scientific information and other data otherwise in the public domain is protected against censorship or destruction by the federal government. This bill would include findings and declarations related to the measure, including that the purpose of these provisions is, to the maximum extent feasible under state law, to ensure those persons may report improper governmental activity and to continue to make scientific and other information open to the public without fear of losing their professional licenses or credentials. 


  Workers Comp



     
 
  AB 206 (Gonzalez Fletcher D)   Workers’ compensation: employees.
  Summary: Current law defines an employee, for purposes of the laws governing workers’ compensation, to include, among other persons, any person employed by the owner or occupant of a residential dwelling whose duties are incidental to the ownership, maintenance, or use of the dwelling, including the care and supervision of children, or whose duties are personal and not in the course of the trade, business, profession, or occupation of the owner or occupant, except as specified. This bill would specify that the above definition of employee applies without regard to immigration status.
     
 
  AB 373 (Melendez R)   Workers’ compensation.
  Summary: Current law prohibits any person, firm, or corporation, other than an insurer admitted to transact workers’ compensation insurance, from contracting to administer claims of self-insured employers as third-party administrators unless they are in possession of a certificate of consent to administer self-insured employers’ workers’ compensation claims.This bill would make technical, nonsubstantive changes to the those provisions. 
     
 
  AB 553 (Daly D)   Workers’ compensation: return-to-work program.
  Summary: Current law funds the return-to-work program with $120,000,000 per year derived from the Workers’ Compensation Administration Revolving Fund. Current law requires the Director of the Division of Workers’ Compensation to determine eligibility for payments and the amount of payments, as specified. This bill would require the director to have the program distribute the $120,000,000 annually to eligible workers, as specified, and would require, commencing with the end of the 2017 calendar year, that any remaining program funds available after the above-described supplemental payments are made be distributed pro rata to those eligible workers, subject to a $25,000 limit per calendar year. 
     
 
  AB 570 (Gonzalez Fletcher D)   Workers’ compensation: permanent disability apportionment.
  Summary: Current law requires apportionment of permanent disability to be based on causation, and a physician who prepares a report addressing the issue of permanent disability due to a claimed industrial injury is required to address the issue of causation of the permanent disability. Current law requires the physician to make an apportionment determination by finding the approximate percentage of the permanent disability that was caused by the direct result of injury arising out of and occurring in the course of employment, and the approximate percentage of the permanent disability that was caused by other factors both before and subsequent to the industrial injury, including prior industrial injuries. This bill would prohibit apportionment, in the case of a physical injury occurring on or after January 1, 2018, from being based on pregnancy, childbirth, or other medical conditions related to pregnancy or childbirth. 
     
 
  AB 680 (McCarty D)   Workers’ compensation: studies.
  Summary: Current law establishes a workers’ compensation system. Current law authorizes the commission to conduct a continuing examination of the workers’ compensation system. Current law authorizes the commission to conduct or contract for studies it deems necessary to carry out its responsibilities. This bill would prohibit a study that is conducted or contracted for by the commission from being funded or commenced prior to a public hearing on the purpose and design of the study, the sources from which the required data will be obtained, and the proposed researcher or entity. 
 

 

SaveSave

2014 Bills we are tracking
Bill tracking powered by

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