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Legislative Update
as of 4/29/2016

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

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  Administrative Enforcement



     
 
  AB 2261 (Hernández, Roger D)   Division of Labor Standards Enforcement: duties.
  Current Text: Introduced: 2/18/2016   pdf   html
  Status: 4/21/2016-From committee: Do pass and re-refer to Com. on APPR. (Ayes 5. Noes 2.) (April 20). Re-referred to Com. on APPR.
  Summary: Would authorize the Division of Labor Standards Enforcement to, with or without receiving a complaint from an employee, commence an investigation, issue a citation, or bring an action against an employer who discharges or otherwise discriminates against an individual in violation of any law under the jurisdiction of the Labor Commissioner. 
     
 
  SB 1342 (Mendoza D)   Wages: investigations: subpoenas.
  Current Text: Amended: 4/12/2016   pdf   html
  Status: 4/28/2016-Read second time. Ordered to third reading.
  Summary: Would specify that a legislative body of a city or county is authorized to delegate that body's authority to issue subpoenas and to report noncompliance thereof to the judge of the superior court of the county, to a county or city official or department head in order to enforce local wage laws. The bill would provide legislative findings in support of this provision. 
     
 
  SB 1379 (Mendoza D)   Workers' Compensation: depositions: interpreters.
  Current Text: Amended: 3/29/2016   pdf   html
  Status: 4/25/2016-April 25 hearing: Placed on APPR. suspense file.
  Summary: Current law authorizes depositions to be taken in conjunction with any investigation or hearing before the Workers' Compensation Appeals Board. This bill would require that specified information regarding the certification of an interpreter, for a deposition under these provisions, be stated on the record and verified by the board or judge ordering the deposition, or by the party giving the deposition testimony, or his or her representative. 


  Arbitration



     
 
  AB 2667 (Thurmond D)   Civil rights: Unruh Civil Rights Act: waivers.
  Current Text: Amended: 3/15/2016   pdf   html
  Status: 4/27/2016-Read second time. Ordered to third reading.
  Summary: Would require a waiver of a legal right, penalty, remedy, forum, or procedure for a violation of the Unruh Civil Rights Act, including the right to file and pursue a civil action or complaint with, or otherwise notify, the Attorney General or any other public prosecutor, or law enforcement agency, the Department of Fair Employment and Housing, or any other governmental entity, to be knowing and voluntary, in writing, and expressly not made as a condition of entering into a contract for goods or services or as a condition of providing or receiving goods and services.
     
 
  AB 2879 (Stone, Mark D)   Service Member Employment Protection Act.
  Current Text: Amended: 4/7/2016   pdf   html
  Status: 4/19/2016-From committee: Do pass and re-refer to Com. on L. & E. (Ayes 7. Noes 3.) (April 19). Re-referred to Com. on L. & E.
  Summary: Current law prohibits a person from discriminating against a member of the military forces because of his or her membership or service, as prescribed. Current law makes a violation of those provisions a crime. Current law also provides civil remedies for violations of those provisions. This bill would prohibit a person from requiring a waiver of the protections afforded under those provisions as a condition of employment, including the right to file and pursue a civil action or complaint, as specified.
     
 
  SB 950 (Nielsen R)   Excluded employees: arbitration.
  Current Text: Amended: 4/27/2016   pdf   html
  Status: 4/27/2016-May 2 set for first hearing canceled at the request of author.
  Summary: Would enact the Excluded Employee Arbitration Act to permit an employee organization that represents an excluded employee who has filed certain grievances with the Department of Human Resources (CalHR) to request arbitration of the grievance if specified conditions are met. The bill would require the designation of a standing panel of arbitrators, and, under specified circumstances, the provision of arbitrators from the California State Mediation and Conciliation Service within the Department of Industrial Relations.
     
 
  SB 1007 (Wieckowski D)   Arbitration: transcription by certified shorthand reporter.
  Current Text: Amended: 4/13/2016   pdf   html
  Status: 4/26/2016-SEN. JUD. Vote - Do pass as amended.
  Summary: Would provide that a party to an arbitration has the right to have a certified shorthand reporter transcribe any deposition, proceeding, or hearing as the official record. The bill would require the party requesting the transcript to incur the expense of the certified shorthand reporter, except as specified in a consumer arbitration. The bill would also require a court to vacate an arbitration award if the court determines that an arbitrator refused a party's request to have a certified shorthand reporter transcribe any deposition, proceeding, or hearing. 
     
 
  SB 1078 (Jackson D)   Civil procedure: arbitration.
  Current Text: Amended: 4/14/2016   pdf   html
  Status: 4/28/2016-Read second time. Ordered to third reading.
  Summary: Current law governs arbitration in civil proceedings. This bill would prohibit the solicitation of a party or lawyer for a party during the pendency of the arbitration. The bill would also prohibit an arbitrator, from the time of appointment until the conclusion of the arbitration, from entertaining or accepting any offers of employment, offers of new professional relationships, or offers of employment as a dispute resolution neutral in another case from a party or lawyer for a party in the pending arbitration.
     
 
  SB 1241 (Wieckowski D)   Contracts.
  Current Text: Amended: 4/18/2016   pdf   html
  Status: 4/27/2016-From committee: Do pass and re-refer to Com. on APPR. (Ayes 5. Noes 1.) (April 26). Re-referred to Com. on APPR.
  Summary: The Consumer Contract Awareness Act, defines a consumer contract as a writing prepared by a seller that provides for the sale or lease of goods or services or the extension of credit, as specified, for personal, family, or household purposes, among other provisions. This bill would provide, for contracts entered into, modified, or extended on or after January 1, 2017, that a provision in a consumer contract that purports to designate the venue in which a controversy arising from the consumer contract is litigated, or the choice of law to be applied, is voidable by the consumer, with respect to a controversy arising in California, if the provision would deprive the consumer of the protection of California law or require the consumer to litigate the controversy out of state. 


  Civil Procedure



     
 
  AB 1796 (Wilk R)   Civil actions: intervention.
  Current Text: Amended: 3/14/2016   pdf   html
  Status: 3/31/2016-Referred to Com. on JUD.
  Summary: Current law provides that a third person may become a party to an action or proceeding between other persons, either by joining the plaintiff in claiming what is sought by the complaint, uniting with the defendant in resisting the claims of the plaintiff, or demanding anything adversely to both the plaintiff and the defendant, by filing a complaint setting forth the grounds upon which the intervention rests, as specified. This bill would require that a person permitted to intervene in an action or proceeding, deemed the intervenor, file a complaint, answer, or both, setting forth the grounds upon which the intervention rests. 
     
 
  AB 2020 (Obernolte R)   Discovery: depositions.
  Current Text: Amended: 3/30/2016   pdf   html
  Status: 4/28/2016-Referred to Com. on JUD.
  Summary: Would require a deposition subpoena commanding the production of business records to command compliance at least 15 days after the service of the subpoena. It would also require a deposition to produce personal records of a consumer or employment records of an employee to be scheduled at least 20 days after service of the subpoena. 
     
 
  AB 2101 (Gordon D)   Sanctions: jurors.
  Current Text: Amended: 3/31/2016   pdf   html
  Status: 4/28/2016-In Senate. Read first time. To Com. on RLS. for assignment.
  Summary: Would require the Judicial Council to solicit courts for participation in a pilot project in which judicial officers of participating counties would be authorized by the bill to impose reasonable monetary sanctions, not to exceed $1,500, on an impaneled juror for any knowing violation of a lawful court order without good cause or substantial justification that is supported by clear and convincing evidence. The bill would require the Judicial Council to conduct an evaluation of the pilot project and report the results to the Governor and the Legislature on or before July 1, 2021. The bill would repeal these provisions on January 1, 2022. 
     
 
  AB 2211 (Linder R)   Registered process servers.
  Current Text: Introduced: 2/18/2016   pdf   html
  Status: 4/28/2016-Referred to Com. on JUD.
  Summary: Current law requires a registered process server, before levying under the writ, to deposit a copy of the writ with the levying officer and pay a specified fee. Current law also permits a registered process server to serve an earnings withholding order on an employer and requires that the process server deposit specified documents with the levying officer and pay a specified fee. This bill would provide that the registered process server is authorized to have the required documents and fee delivered to the levying officer by someone other than the process server himself or herself.
     
 
  SB 1256 (Anderson R)   Civil law: litigation: The Civility in Litigation Act.
  Current Text: Introduced: 2/18/2016   pdf   html
  Status: 4/21/2016-Set for hearing May 3.
  Summary: Would require a person who claims to have been aggrieved by an alleged unlawful act or practice, to send a letter to the person or entity he or she alleges to have caused the harm that sets forth alleged facts in support of the grievance and any other information necessary to inform the person or entity of the alleged harm suffered, prior to filing any legal action or pursuing legally mandated alternative dispute resolution, as specified. 


  Discrimination & Civil Rights



     
 
  AB 488 (Gonzalez D)   Employment discrimination.
  Current Text: Amended: 3/31/2016   pdf   html
  Status: 3/31/2016-From committee chair, with author's amendments: Amend, and re-refer to committee. Read second time, amended, and re-referred to Com. on JUD.
  Summary: Would redefine "employee" to include an individual paid under a special license in a nonprofit sheltered workshop, rehabilitation facility, or day pro gram, thereby applying employment discrimination protections to these people. This bill would exempt an employer who obtains a special license, or hires or employs a qualified individual at a wage less than the minimum wage in conformity with a special license, from the act's provisions prohibiting discrimination based on disability. 
     
 
  AB 1595 (Campos D)   Employment: human trafficking training: mass transportation employers.
  Current Text: Amended: 3/29/2016   pdf   html
  Status: 4/21/2016-From committee: Do pass and re-refer to Com. on APPR. (Ayes 6. Noes 0.) (April 20). Re-referred to Com. on APPR.
  Summary: Would require a private or public employer that provides mass transportation services, as specified, 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. The bill would require the Department of justice to develop guidelines for the training, including, but not limited to, guidance on how to report human traffic king. The bill would require that, by January 1, 2018, the training be incorporated into the initial training process for all new employees and that all existing employees receive the training. 
     
 
  AB 1684 (Stone, Mark D)   Civil actions: human trafficking.
  Current Text: Amended: 3/17/2016   pdf   html
  Status: 4/28/2016-Referred to Com. on JUD.
  Summary: Current law authorizes the Department of Fair Employment and Housing to receive, investigate, conciliate, mediate, and prosecute complaints alleging certain unlawful practices, as specified. This bill would further authorize the department to receive, investigate, conciliate, mediate, and prosecute complaints alleging, and bring civil actions for, a victim of human trafficking. The bill would require any damages awarded in a civil action brought by the department to be awarded to the victim of human trafficking. 
     
 
  AB 1843 (Stone, Mark D)   Applicants for employment: criminal history.
  Current Text: Introduced: 2/9/2016   pdf   html
  Status: 4/25/2016-In Senate. Read first time. To Com. on RLS. for assignment.
  Summary: Current law prohibits an employer, as specified, from asking an applicant to disclose, or from utilizing as a factor in determining any condition of employment, information concerning a conviction that has been judicially dismissed or ordered sealed, except in specified circumstances. This bill would also prohibit an employer from asking an applicant for employment to disclose, or from utilizing as a factor in determining any condition of employment, information concerning specific juvenile court actions or custodial detentions. This bill contains other related provisions and other existing laws.
     
 
  AB 1887 (Low D)   State government: discrimination: travel.
  Current Text: Amended: 4/7/2016   pdf   html
  Status: 4/13/2016-From committee: Do pass and re-refer to Com. on APPR. (Ayes 6. Noes 3.) (April 13). Re-referred to Com. on APPR.
  Summary: Would prohibit a state agency and the Legislature from requiring any of its employees, officers, or members to travel to, or approving a request for state-funded or state-sponsored travel to, any state that, after June 26, 2015, has enacted a law that voids or repeals, or has the effect of voiding or repealing, existing state or local protections against discrimination on the basis of sexual orientation, gender identity, or gender expression or has enacted a law that authorizes or requires discrimination against same-sex couples or their families or on the basis of sexual orientation, gender identity, or gender expression, as specified, subject to certain exceptions. 
     
 
  AB 1942 (Garcia, Cristina D)   Human trafficking recognition and reporting: training: hotels and motels.
  Current Text: Amended: 4/13/2016   pdf   html
  Status: 4/21/2016-From committee: Do pass and re-refer to Com. on APPR. with recommendation: To Consent Calendar. (Ayes 10. Noes 0.) (April 21). Re-referred to Com. on APPR.
  Summary: Would require a hotel or motel that provides lodging services in the state to train 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 require that, by January 1, 2018, the training be incorporated into the initial training process for all new employees and that employees who do not receive an initial training also receive the training. 
     
 
  AB 2642 (Garcia, Eduardo D)   Removing Barriers to Employment Act: Breaking Barriers to Employment Initiative.
  Current Text: Amended: 4/26/2016   pdf   html
  Status: 4/27/2016-Re-referred to Com. on APPR.
  Summary: Would enact the Removing Barriers to Employment Act, which would establish the Breaking Barriers to Employment Initiative within the Labor and Workforce Development Agency. The bill would require the initiative to be led by the Secretary of Labor and Workforce Development and authorizes the secretary to assign all or part of the administration of the initiative to one or more entities within the agency's oversight, or to authorize another state agency, under specified conditions, to administer a portion of the initiative. 
     
 
  SB 876 (Liu D)   Homelessness.
  Current Text: Amended: 3/28/2016   pdf   html
  Status: 4/22/2016-Failed Deadline pursuant to Joint Rule 61(b)(5). (Last location was S. T. & H. on 4/5/2016)
  Summary: Would afford persons experiencing homelessness the right to use public spaces without discrimination based on their housing status and describe basic human and civil rights that may be exercised without being subject to criminal or civil sanctions, including the right to use and to move freely in public spaces, the right to rest in public spaces and to protect oneself from the elements, the right to eat in any public space in which having food is not prohibited, and the right to perform religious observances in public spaces, as specified.
     
 
  SB 1001 (Mitchell D)   Employment: unfair practices.
  Current Text: Amended: 3/28/2016   pdf   html
  Status: 4/25/2016-April 25 hearing: Placed on APPR. suspense file.
  Summary: Would make it unlawful for an employer or any other person or entity to engage in, or to direct another person or entity to engage in, an unfair immigration-related practice against either an applicant for employment or an employee. The bill would prohibit an employer or any other person or entity from attempting to reinvestigate or reverify an incumbent employee’s authorization to work using an unfair immigration-related practice, and prohibit an employer or any other person or entity from discriminating or directing another person to discriminate, against an applicant for employment or an employee with authorization to work based upon the specific status, or term of status, that accompanies the authorization to work. The bill would authorize an applicant for employment or an employee who is subject to an unfair immigration-related practice to bring a civil action for equitable relief and any applicable damages or penalties, and provide that, if he or she prevails in that action, he or she shall recover reasonable attorney’s fees and costs, including any expert witness costs.
     
 
  SB 1442 (Liu D)   Discrimination: regulations and enforcement.
  Current Text: Amended: 4/26/2016   pdf   html
  Status: 4/26/2016-Read second time and amended. Re-referred to Com. on APPR.
  Summary: Under current law, the Department of Fair Employment and Housing within the Business, Consumer Services, and Housing Agency, is charged with enforcement of civil rights violations, including discrimination. Current law authorizes the department, and other state agencies that administer programs or activities funded by the state or that receive financial assistance from the state and that enter into contracts for services to be provided to the public, as specified, to promulgate regulations to prohibit discrimination. This bill would reorganize various statutes regarding discrimination. 


  Family & Medical Leave



     
 
  AB 908 (Gomez D)   Disability compensation: disability insurance.
  Current Text: Chaptered: 4/11/2016   pdf   html
  Status: 4/11/2016-Chaptered by Secretary of State - Chapter No. 5, Statutes of 2016
  Summary: Would revise the formula for determining benefits available pursuant to unemployment compensation disability law and for the family temporary disability insurance program, for periods of disability commencing after January 1, 2018, but before January 1, 2022, to provide a weekly benefit amount minimum of $50 and increase the wage replacement rate to specified percentages, but not to exceed the maximum workers' compensation temporary disability indemnity weekly benefit amount established by the Department of Industrial Relations pursuant to existing law. This bill contains other related provisions and other existing laws.
     
 
  AB 2405 (Gatto D)   Employment: employees: time off.
  Current Text: Amended: 4/13/2016   pdf   html
  Status: 4/21/2016-From committee: Do pass and re-refer to Com. on APPR. (Ayes 4. Noes 2.) (April 20). Re-referred to Com. on APPR.
  Summary: Current law prohibits an employer who employs 25 or more employees working at the same location from discharging or discriminating against an employee who is a parent, as defined, having custody of a child in a licensed child day care facility or in kindergarten or grades 1 to 12, inclusive, for taking off up to 40 hours each year to find, enroll, or reenroll their child in a school, to participate in school activities, or address emergency situations at school, subject to specified conditions. This bill would require an employer to annually provide an employee at least 24 hours of paid time off for the purposes of a planned absence under these provisions, except as specified, and would instead authorize an employee to use vacation or paid time off, or use unpaid time off, if available, when taking time off under these provisions.
     
 
  SB 897 (Roth D)   Workers' compensation.
  Current Text: Amended: 3/29/2016   pdf   html
  Status: 4/7/2016-Read second time. Ordered to third reading.
  Summary: Current law provides that certain peace officers, firefighters, and other specified public employees are entitled to a leave of absence without loss of salary while disabled by injury or illness arising out of and in the course of employment, for the period of the disability, not to exceed one year. The leave of absence is in lieu of temporary disability payments or maintenance allowance payments otherwise payable under the workers' compensation system. This bill would allow certain employees of local agencies, including police officers, firefighters, and sheriffs, an additional year of a leave of absence without loss of salary when injured by a catastrophic injury at the hands of another, as defined. 
     
 
  SB 1166 (Jackson D)   Unlawful employment practice: parental leave.
  Current Text: Amended: 4/21/2016   pdf   html
  Status: 4/26/2016-Set for hearing May 2.
  Summary: Would prohibit an employer, as defined, from refusing, as specified, 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. 


  Health & Safety



     
 
  AB 2272 (Thurmond D)   Occupational safety and health standards: plume.
  Current Text: Introduced: 2/18/2016   pdf   html
  Status: 4/21/2016-From committee: Do pass and re-refer to Com. on APPR. (Ayes 5. Noes 1.) (April 20). Re-referred to Com. on APPR.
  Summary: Would require the Occupational Safety and Health Standards Board to adopt standards to protect health care personnel and patients from plume, defined as noxious airborne contaminants generated as byproducts of the use of specific devices during surgical, diagnostic, or therapeutic procedures. The bill would require the board, in adopting these standards, to take into consideration and use as a benchmark certain standards adopted by specified organizations. 
     
 
  AB 2337 (Burke D)   Employment protections: victims of domestic violence, sexual assault, or stalking.
  Current Text: Amended: 4/20/2016   pdf   html
  Status: 4/21/2016-Re-referred to Com. on APPR.
  Summary: Current law provides that any employee who is discharged, threatened with discharge, demoted, suspended, or in any manner discriminated or retaliated against in the terms and conditions of employment by his or her employer because the employee has taken time off for those purposes is entitled to reinstatement and reimbursement for lost wages and work benefits caused by the acts of the employer, as well as appropriate equitable relief, and is allowed to file a complaint with the Division of Labor Standards Enforcement within the Department of Industrial Relations. This bill would require employers to inform each employee of his or her rights established under those laws by providing that information in writing to new employees upon hire and to other employees upon request. 
     
 
  AB 2437 (Ting D)   Barbering and cosmetology: establishments: posting notice.
  Current Text: Amended: 4/25/2016   pdf   html
  Status: 4/26/2016-Re-referred to Com. on APPR.
  Summary: The Barbering and Cosmetology Act requires the State Board of Barbering and Cosmetology to inspect an establishment within 90 days after issuing the establishment a license and requires the board to maintain a program of random and targeted inspections of establishments, as specified. This bill would require, on and after July 1, 2017, an establishment licensed by the board to post a specified notice in a conspicuous location in clear view of employees and where similar notices are customarily posted. The bill would require the board to inspect an establishment for compliance with that requirement when it conducts the above-mentioned inspection, and would provide that a violation of that posting requirement is punishable as an administrative fine. 
     
 
  AB 2539 (Levine D)   Modeling agencies: licensure: models: employees.
  Current Text: Amended: 3/30/2016   pdf   html
  Status: 4/20/2016-In committee: Set, first hearing. Referred to APPR. suspense file.
  Summary: Would require a person engaging in the occupation of a modeling agency, as defined, to be licensed by the Labor Commissioner under the licensing provisions that apply to talent agencies. The bill would require a model, as defined, to be classified as an employee of the person for whom the model's services are directly provided. The bill would require the Occupational Safety and Health Standards Board to, no later than December 1, 2017, and in consultation with accredited specialists in the prevention and treatment of eating disorders, adopt an occupational safety and health standard for models, as specified. 
     
 
  AB 2895 (Hernández, Roger D)   Employee safety: injury prevention programs.
  Current Text: Amended: 4/13/2016   pdf   html
  Status: 4/21/2016-From committee: Do pass and re-refer to Com. on APPR. (Ayes 5. Noes 2.) (April 20). Re-referred to Com. on APPR.
  Summary: The California Occupational Safety and Health Act of 1973 requires every employer to establish, implement, and maintain an effective injury prevention program. This bill would, commencing July 1, 2017, require an employer to keep a complete, updated copy of the written injury prevention program at each worksite and to make it available to any employee upon oral request. The bill would also require an employer to provide a copy of the written injury prevention program, or a summary thereof, to each employee and each new hire, as specified. This bill contains other related provisions and other existing laws.
     
 
  SB 1100 (Monning D)   Worker occupational safety and health training and education program.
  Current Text: Amended: 4/11/2016   pdf   html
  Status: 4/22/2016-Set for hearing May 2.
  Summary: Current law requires the Commission on Health and Safety and Workers' Compensation to establish and maintain a worker and occupational safety and health training and education program and requires the Director of Industrial Relations to establish an insurance loss control services coordinator position, to be funded from the Workers' Occupational Safety and Health Education Fund. Current law requires the director to levy and collect fees from workers' compensation insurers for purposes of the program, with the fees to be deposited in the fund. This bill would provide that moneys in the Workers' Occupational Safety and Health Education Fund may be applied to specified collaborative work by the commission in connection with its training and education program. 
     
 
  SB 1167 (Leyva D)   Employment safety: indoor workers: heat regulations.
  Current Text: Introduced: 2/18/2016   pdf   html
  Status: 4/18/2016-April 18 hearing: Placed on APPR. suspense file.
  Summary: The Occupational Safety and Health Act of 1973, the Division of Occupational Safety and Health investigates complaints that a workplace is not safe and may issue orders necessary to ensure employee safety. Under existing law, the division has adopted regulations establishing a heat illness prevention standard for outdoor workers. This bill would require the division, by July 1, 2017, to propose to the standards board for its adoption, a heat illness and injury prevention standard applicable to indoor workers that provides equal or greater protection.


  Immigrant Employee Rights



     
 
  AB 2159 (Gonzalez D)   Evidence: immigration status.
  Current Text: Amended: 3/31/2016   pdf   html
  Status: 4/28/2016-Referred to Com. on JUD.
  Summary: Current law provides that all relevant evidence is admissible in an action before the court, including evidence relevant to the credibility of a witness or hearsay declarant, subject to specified exceptions. This bill would provide that, in civil actions for personal injury or wrongful death, evidence of a person's immigration status is not admissible and discovery of a person's immigration status is not permitted. The bill would also provide that these restrictions do not affect the standards of relevance, admissibility, or discovery under other specified provisions of law. 


  Wage and Hour



     
 
  AB 1676 (Campos D)   Employers: salary information.
  Current Text: Introduced: 1/19/2016   pdf   html
  Status: 4/21/2016-From committee: Do pass and re-refer to Com. on APPR. (Ayes 4. Noes 2.) (April 20). Re-referred to Com. on APPR.
  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 1727 (Gonzalez D)   Hosting platforms: independent contractors.
  Current Text: Amended: 4/13/2016   pdf   html
  Status: 4/22/2016-Failed Deadline pursuant to Joint Rule 61(b)(5). (Last location was A. JUD. on 4/21/2016)
  Summary: Current law relating to employment governs the grant of restraining orders or injunctive relief in labor disputes, as defined. This bill would establish for eligible groups of independent contractors the right to organize and negotiate with hosting platforms, and would declare the activity of such a group to be a labor dispute for purposes of injunctive relief. The bill would require a hosting platform to meet and negotiate with a group on specified subjects. The bill would define terms for those purposes. This bill contains other related provisions and other current laws.
     
 
  AB 1890 (Dodd D)   Discrimination: equal pay: state contracting.
  Current Text: Introduced: 2/11/2016   pdf   html
  Status: 4/13/2016-In committee: Set, first hearing. Referred to suspense file.
  Summary: Would enact the Equal Pay for Equal Work Act of 2016. The bill would require an employer with 100 or more employees in the state and a contract with the state of 30 days or more to submit a description of its nondiscrimination program to the Department of Fair Employment and Housing and to submit periodic reports, no more than annually, on a schedule to be determined by the department, of its compliance with that program. The bill would authorize the department to require approval and certification of the program. . 
     
 
  AB 1948 (Wagner R)   Compensation: meal and rest or recovery periods.
  Current Text: Amended: 3/28/2016   pdf   html
  Status: 4/22/2016-Failed Deadline pursuant to Joint Rule 61(b)(5). (Last location was A. L. & E. on 3/29/2016)
  Summary: Current law prohibits an employer from requiring an employee to work during a meal or rest or recovery period and establishes as a penalty for an employer's failure to provide a mandated meal or rest or recovery period the payment by the employer to the employee of one additional hour of pay at the employee's regular rate of compensation for each workday that the meal or rest or recovery period is not provided. This bill would make that penalty the entire penalty amount to be awarded to an employee for a violation of that prohibition. The bill would prohibit the imposition of civil or criminal penalties under specific statutes if an employee recovers under these provisions, based on the same missed meal or rest period. 
     
 
  AB 1978 (Gonzalez D)   Employment: property service workers.
  Current Text: Amended: 4/13/2016   pdf   html
  Status: 4/21/2016-From committee: Do pass and re-refer to Com. on APPR. (Ayes 5. Noes 2.) (April 20). Re-referred to Com. on APPR.
  Summary: Would establish specific standards and protections for property service workers, to be known as the Property Service Workers Protection Act, and define terms for its purposes. This bill contains other related provisions and other existing laws.
     
 
  AB 2025 (Gonzalez D)   Barbering and cosmetology: labor law education requirements.
  Current Text: Amended: 4/18/2016   pdf   html
  Status: 4/19/2016-Re-referred to Com. on APPR.
  Summary: The Barbering and Cosmetology Act, establishes the State Board of Barbering and Cosmetology for the licensure and regulation of barbers, cosmetologists, estheticians, manicurists, electrologists, and apprentices. Existing law requires the board to carry out a list of duties including making rules and regulations, conducting and administering license examinations, issuing licenses to qualified applicants, and disciplining persons who violate the act. This bill would require that the board offer and make available all written materials provided to licensees and applicants in English, Spanish, and Vietnamese. 
     
 
  AB 2370 (Wagner R)   Industrial Welfare Commission: wage orders: hours worked.
  Current Text: Introduced: 2/18/2016   pdf   html
  Status: 3/17/2016-Referred to Com. on L. & E.
  Summary: An existing wage order of the Division of Labor Standards Enforcement provides that "hours worked," within the health care industry, means the time during which an employee is suffered or permitted to work for the employer, whether or not required to do so, as interpreted in accordance with the provisions of the federal Fair Labor Standards Act. This bill would declare that the definition of "hours worked" as it pertains to the health care industry, in that existing wage order, was valid and enforceable on and after October 1, 2000, and continues to be valid and enforceable. 
     
 
  AB 2437 (Ting D)   Barbering and cosmetology: establishments: posting notice.
  Current Text: Amended: 4/25/2016   pdf   html
  Status: 4/26/2016-Re-referred to Com. on APPR.
  Summary: The Barbering and Cosmetology Act requires the State Board of Barbering and Cosmetology to inspect an establishment within 90 days after issuing the establishment a license and requires the board to maintain a program of random and targeted inspections of establishments, as specified. This bill would require, on and after July 1, 2017, an establishment licensed by the board to post a specified notice in a conspicuous location in clear view of employees and where similar notices are customarily posted. The bill would require the board to inspect an establishment for compliance with that requirement when it conducts the above-mentioned inspection, and would provide that a violation of that posting requirement is punishable as an administrative fine. 
     
 
  AB 2461 (Grove R)   Labor Code Private Attorneys General Act of 2004.
  Current Text: Amended: 4/27/2016   pdf   html
  Status: 4/28/2016-Re-referred to Com. on L. & E.
  Summary: Would limit the violations for which an aggrieved employee is authorized to bring a civil action under the Labor Code Private Attorneys General Act of 2004 and would require the employee to follow specified procedures before bringing an action. 
     
 
  AB 2462 (Grove R)   Labor Code Private Attorneys General Act of 2004.
  Current Text: Amended: 4/27/2016   pdf   html
  Status: 4/28/2016-Re-referred to Com. on L. & E.
  Summary: Would provide the employer with the right to cure any violation of the Labor Code covered by the Labor Code Private Attorneys General Act of 2004 before the employee may bring a civil action. That right to cure would be provided before, and in addition to, any other specified procedures the employee is required to follow prior to bringing an action. 
     
 
  AB 2463 (Grove R)   Labor Code Private Attorneys General Act of 2004: penalty cap.
  Current Text: Amended: 4/27/2016   pdf   html
  Status: 4/28/2016-Re-referred to Com. on L. & E.
  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. The act authorizes a court, in an action by an aggrieved employee seeking recovery of a civil penalty, as specified, to award a lesser amount than the maximum civil penalty if that penalty would be unjust, arbitrary and oppressive, or confiscatory. This bill would establish a cap on that penalty of $1,000 for each aggrieved employee.
     
 
  AB 2464 (Grove R)   Labor Code Private Attorneys General Act of 2004.
  Current Text: Amended: 4/27/2016   pdf   html
  Status: 4/28/2016-Re-referred to Com. on L. & E.
  Summary: Would authorize a court to dismiss an action as to an aggrieved employee seeking recovery of a civil penalty, if, after notice and hearing, the court finds that the aggrieved employee suffered no appreciable physical or economic harm. 
     
 
  AB 2465 (Grove R)   Labor Code Private Attorneys General Act of 2004.
  Current Text: Introduced: 2/19/2016   pdf   html
  Status: 4/22/2016-Failed Deadline pursuant to Joint Rule 61(b)(5). (Last location was A. JUD. on 3/8/2016)
  Summary: Under the Labor Code Private Attorneys General Act of 2004, an employee is authorized to bring an action for such an alleged violation only 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 Labor and Workforce Development Agency, after receiving notification of an alleged violation, to investigate the alleged violation and determine if there is a reasonable basis for a civil action.
     
 
  AB 2535 (Ridley-Thomas D)   Employment: wages: itemized statements.
  Current Text: Amended: 4/25/2016   pdf   html
  Status: 4/26/2016-Re-referred to Com. on APPR.
  Summary: Current law requires an employer to provide his or her employee an accurate itemized statement in writing containing specified information, either semimonthly or at the time the employer pays the employee his or her wages. This bill would exempt from that requirement for information on total work hours an employee exempt from payment of minimum wage and overtime under specified statutes or any applicable order of the Industrial Welfare Commission. 
     
 
  AB 2757 (Gonzalez D)   Agricultural workers: wages, hours, and working conditions.
  Current Text: Amended: 3/30/2016   pdf   html
  Status: 4/20/2016-In committee: Set, first hearing. Referred to APPR. suspense file.
  Summary: Current law exempts agricultural employees from specified wage, hour, meal break requirements, and other working conditions for employees. This bill would remove the exemption for agricultural employees regarding hours, meal breaks, and other working conditions, including specified wage requirements, and would create a schedule that would phase in overtime requirements for agricultural workers, as defined, over the course of 4 years, from 2017 to 2020, inclusive. 
     
 
  AB 2897 (Committee on Labor and Employment)   Car washes.
  Current Text: Introduced: 3/1/2016   pdf   html
  Status: 3/28/2016-Referred to Com. on L. & E.
  Summary: Current law requires employers of car washers to post a $150,000 bond for the benefit of the state to compensate employees damaged by the employer’s nonpayment of wages, except as specified. Current law also provides that a successor to an employer that owed wages and penalties to the predecessor’s employees is liable for those wages and penalties under specified circumstances. This bill would require a car wash employer to provide written notice to a successor employer regarding the above provisions prior to the sale or other transfer of the business.
     
 
  AB 2898 (Committee on Labor and Employment)   Private Attorneys General Act of 2004.
  Current Text: Introduced: 3/1/2016   pdf   html
  Status: 4/7/2016-From committee: Do pass and re-refer to Com. on APPR. (Ayes 7. Noes 0.) (April 6). Re-referred to Com. on APPR.
  Summary: Under the Labor Code Private Attorneys General Act of 2004, the procedures pertaining to specified violations include an aggrieved employee giving written notice to the Labor and Workforce Development Agency and the employer of the alleged violation and the facts and theories in support thereof, the agency notifying the employer and the aggrieved employee whether it does, or does not, intend to investigate an alleged violation, and, if it does intend to investigate, the agency providing other notices, all within specified time periods. This bill would extend those time periods by requiring the agency, when it does not intend to investigate an alleged violation, to notify the employee and the employer within 45 days and by authorizing the aggrieved employee to commence a civil action 48 days after having sent notice of the alleged violation.
     
 
  AB 2899 (Hernández, Roger D)   Minimum wage violations: challenges.
  Current Text: Amended: 4/13/2016   pdf   html
  Status: 4/21/2016-From committee: Do pass and re-refer to Com. on APPR. (Ayes 6. Noes 0.) (April 20). Re-referred to Com. on APPR.
  Summary: Current law provides notice and hearing requirements under which a person against whom a citation has been issued, can request a hearing to contest proposed assessment of a civil penalty, wages, liquidated damages, and any applicable penalties. Current law further provides that after a hearing with the Labor Commissioner, a person contesting a citation may file a writ of mandate, within 45 days, with the appropriate superior court. This bill would require a person seeking a writ of mandate contesting the Labor Commissioner's ruling, to post a bond with the Labor Commissioner as specified, in an amount equal to the unpaid wages assessed under the citation, excluding penalties. 
     
 
  SB 702 (McGuire D)   Employment of minors: agricultural packing plants.
  Current Text: Amended: 1/4/2016   pdf   html
  Status: 4/28/2016-Referred to Com. on L. & E.
  Summary: Current law prescribes limits on the hours of employment of minors, but authorizes the Labor Commissioner to grant an exemption to employers operating agricultural packing plants for the employment of minors 16 and 17 years of age for up to 10 hours on days when school is not in session, during the peak harvest season. This bill would extend the operation of the exception pertaining to the employment of minors in the County of Lake until January 1, 2027.
     
 
  SB 878 (Leyva D)   Work hours: scheduling.
  Current Text: Amended: 3/15/2016   pdf   html
  Status: 4/25/2016-April 25 hearing: Placed on APPR. suspense file.
  Summary: Would require an employer, which includes a grocery store establishment, restaurant, or retail store establishment, to provide its employees with a work schedule at least 7 calendar days prior to the first shift on that work schedule, except as specified. The bill would require an employer, except as specified, to pay its employees modification pay for each previously scheduled shift that the employer cancels or moves to another date or time, for any previously unscheduled shift that the employer requires an employee to work, or for each on-call shift for which an employee is required to be available but is not called in to work that shift.
     
 
  SB 1015 (Leyva D)   Domestic work employees: labor standards.
  Current Text: Introduced: 2/11/2016   pdf   html
  Status: 4/28/2016-In Assembly. Read first time. Held at Desk.
  Summary: The Domestic Worker Bill of Rights defines terms for its purposes and requires the Governor to convene a committee to study and report to the Governor on the effects of its provisions on personal attendants and their employers. Current law repeals The Domestic Worker Bill of Rights as of January 1, 2017. This bill would delete the repeal date. By extending the effect of the Domestic Worker Bill of Rights, the violation of which is a misdemeanor, this bill would expand the definition of a crime, which would impose a state-mandated local program.
     
 
  SB 1063 (Hall D)   Conditions of employment: wage differential: race or ethnicity.
  Current Text: Amended: 4/20/2016   pdf   html
  Status: 4/25/2016-April 25 hearing: Placed on APPR. suspense file.
  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 specific, reasonably applied factors account for the entire wage differential. This bill would expand that prohibition to also prohibit 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, as specified.
     
 
  SB 1078 (Jackson D)   Civil procedure: arbitration.
  Current Text: Amended: 4/14/2016   pdf   html
  Status: 4/28/2016-Read second time. Ordered to third reading.
  Summary: Current law governs arbitration in civil proceedings. This bill would prohibit the solicitation of a party or lawyer for a party during the pendency of the arbitration. The bill would also prohibit an arbitrator, from the time of appointment until the conclusion of the arbitration, from entertaining or accepting any offers of employment, offers of new professional relationships, or offers of employment as a dispute resolution neutral in another case from a party or lawyer for a party in the pending arbitration.
     
 
  SB 1125 (Nguyen R)   Employment relations: nail care salons: labor law compliance.
  Current Text: Amended: 3/28/2016   pdf   html
  Status: 4/22/2016-Set for hearing May 2.
  Summary: The Barbering and Cosmetology Act provides for the licensure and regulation of barbers, cosmetologists, estheticians, manicurists, electrologists, and apprentices by the State Board of Barbering and Cosmetology. The act requires the licensure of any person, firm, or corporation operating an establishment engaged in a practice regulated by the board, as specified. Existing law imposes various duties on employers with respect to employment relations, including requiring the employer to, at the time of hiring, provide each employee with a written notice containing specified information about the terms of employment and the rights of the employee. This bill contains other existing laws. 
     
 
  SB 1228 (Runner R)   Small business: California Small Business Regulatory Fairness Act.
  Current Text: Amended: 4/20/2016   pdf   html
  Status: 4/22/2016-Set for hearing May 2.
  Summary: Would require a state agency to assist a small business, as defined, in complying with all statutes and regulations administered by the state agency and in any enforcement action by the state agency. The bill would, not later than December 31, 2017, require a state agency to create a policy, as specified, that provides for the reduction, and under certain circumstances waiver, of civil penalties for a small business based upon mitigating factors including, but not limited to, that the violation by the small business did not pose an imminent health, safety, or environmental threat. 
     
 
  SB 1241 (Wieckowski D)   Contracts.
  Current Text: Amended: 4/18/2016   pdf   html
  Status: 4/27/2016-From committee: Do pass and re-refer to Com. on APPR. (Ayes 5. Noes 1.) (April 26). Re-referred to Com. on APPR.
  Summary: The Consumer Contract Awareness Act, defines a consumer contract as a writing prepared by a seller that provides for the sale or lease of goods or services or the extension of credit, as specified, for personal, family, or household purposes, among other provisions. This bill would provide, for contracts entered into, modified, or extended on or after January 1, 2017, that a provision in a consumer contract that purports to designate the venue in which a controversy arising from the consumer contract is litigated, or the choice of law to be applied, is voidable by the consumer, with respect to a controversy arising in California, if the provision would deprive the consumer of the protection of California law or require the consumer to litigate the controversy out of state. 
     
 
  SB 1245 (Anderson R)   Industrial Welfare Commission: wage orders: hours worked.
  Current Text: Introduced: 2/18/2016   pdf   html
  Status: 4/11/2016-April 13 set for first hearing canceled at the request of author.
  Summary: Would declare that the definition of "hours worked" as it pertains to the health care industry, in that existing wage order, was valid and enforceable on and after October 1, 2000, and continues to be valid and enforceable. The bill would state that the bill is declarative of, and clarifies, existing law. 
     
 
  SB 1256 (Anderson R)   Civil law: litigation: The Civility in Litigation Act.
  Current Text: Introduced: 2/18/2016   pdf   html
  Status: 4/21/2016-Set for hearing May 3.
  Summary: Would require a person who claims to have been aggrieved by an alleged unlawful act or practice, to send a letter to the person or entity he or she alleges to have caused the harm that sets forth alleged facts in support of the grievance and any other information necessary to inform the person or entity of the alleged harm suffered, prior to filing any legal action or pursuing legally mandated alternative dispute resolution, as specified. 
     
 
  SB 1342 (Mendoza D)   Wages: investigations: subpoenas.
  Current Text: Amended: 4/12/2016   pdf   html
  Status: 4/28/2016-Read second time. Ordered to third reading.
  Summary: Would specify that a legislative body of a city or county is authorized to delegate that body's authority to issue subpoenas and to report noncompliance thereof to the judge of the superior court of the county, to a county or city official or department head in order to enforce local wage laws. The bill would provide legislative findings in support of this provision. 
     
 
  SB 1344 (Stone R)   Domestic work employees.
  Current Text: Introduced: 2/19/2016   pdf   html
  Status: 4/22/2016-Failed Deadline pursuant to Joint Rule 61(b)(5). (Last location was S. L. & I.R. on 4/13/2016)
  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. 


  Workers Comp



     
 
  AB 1643 (Gonzalez D)   Workers' compensation: permanent disability apportionment.
  Current Text: Amended: 3/16/2016   pdf   html
  Status: 4/20/2016-From committee: Do pass and re-refer to Com. on APPR. (Ayes 9. Noes 3.) (April 20). Re-referred to Com. on APPR.
  Summary: Would prohibit apportionment of permanent disability, in the case of a physical injury occurring on or after January 1, 2017, from being based on pregnancy, menopause, osteoporosis, or carpal tunnel syndrome. The bill would also prohibit apportionment of permanent disability, in the case of a psychiatric injury occurring on or after January 1, 2017, from being based on psychiatric disability or impairment caused by any of those conditions. This bill contains other related provisions and other existing laws.
     
 
  AB 2230 (Chu D)   Workers' compensation: language interpreters.
  Current Text: Introduced: 2/18/2016   pdf   html
  Status: 3/3/2016-Referred to Com. on INS.
  Summary: Current law requires, in a workers' compensation proceeding, an employer to provide the services of a qualified interpreter, as defined, when, at the request of the employer, the employer's insurer, the administrative director, the appeals board, or a workers' compensation administrative law judge, an employee submits to examination by a physician and the employee does not proficiently speak or understand the English language. This bill would require the interpreter to be an interpreter of the employee's choice under both circumstances. 
     
 
  AB 2407 (Chávez R)   Workers' compensation.
  Current Text: Amended: 4/27/2016   pdf   html
  Status: 4/28/2016-Re-referred to Com. on INS.
  Summary: Current law requires an employer to provide all medical services reasonably required to cure or relieve the injured worker from the effects of the injury. Existing law requires the administrative director to adopt a medical treatment utilization schedule, as specified. This bill would, if the employee's injury affects his or her back, require a physician or other medical provider to assess the employee's level of risk for chronic back pain utilizing the medical treatment utilization schedule and determine treatment based on that schedule. 
 
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