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Bills we are tracking

 

Legislative Update
as of 10/26/2016

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. 

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

CELA’s sponsored and priority bills of 2016 are marked by *asterisks* 

 

  Administrative Enforcement

 

AB 2261 (Hernández, Roger D)  Division of Labor Standards Enforcement: duties.

Status: 8/31/2016-Failed

Summary: Would authorize the Division of Labor Standards Enforcement to, with or without receiving a complaint from an employee, commence an investigation of an employer that it suspects to have discharged or otherwise discriminated against an individual in violation of any law under the jurisdiction of the Labor Commissioner.

Laws: An act to amend Section 98.7 of the Labor Code, relating to employment.

 

SB 1342 (Mendoza D)   Wages: investigations: subpoenas.

Status: 7/25/2016-Chaptered by Secretary of State - Chapter 115, Statutes of 2016.

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 any local law or ordinance, including local wage laws. The bill would provide legislative findings in support of this provision.

Laws: An act to add Section 53060.4 to the Government Code, relating to wages.

 

  Arbitration and Employment Agreements

 

AB 2667 (Thurmond D)   Civil rights: Unruh Civil Rights Act: waivers.

Status: 8/31/2016-Failed

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.

Laws: An act to amend Section 51 of the Civil Code, relating to civil rights.

 

*AB 2879 (Stone, Mark D)   Service Member Employment Protection Act*

Status: 8/31/2016-Failed

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.

Laws: An act to amend Section 394 of the Military and Veterans Code, relating to service members.

 

SB 950 (Nielsen R)   Excluded employees: arbitration.

Status: 9/25/2016-Vetoed by the Governor.

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.

Laws: An act to add Chapter 10.6 (commencing with Section 3539.75) to Division 4 of Title 1 of the Government Code, relating to state employees.

 

SB 1007 (Wieckowski D)   Arbitration: transcription by certified shorthand reporter.

Status: 9/25/2016-Chaptered by Secretary of State - Chapter 626, Statutes of 2016..

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 a party requesting a certified shorthand reporter to make his or her request in a demand, response, answer, or counterclaim related to the arbitration, or at a pre-hearing scheduling conference at which a deposition, proceeding, or hearing is being calendared. The bill would also require the party requesting the transcript to incur the expense of the certified shorthand reporter, except as specified in a consumer arbitration.

Laws: An act to add Section 1282.5 to the Code of Civil Procedure, relating to arbitration.

 

SB 1065 (Monning D)   Dismissal or denial of petitions to compel arbitration: appeals: Elder and Dependent Adult Civil Protection Act.

Status: 9/25/16 Chaptered by Secretary of State - Chapter 628, Statutes of 2016.

Summary: Would require the court of appeal, in an appeal of an order dismissing or denying a petition to compel arbitration involving a claim under the Elder and Dependent Adult Civil Protection Act in which a party has been granted a court preference, to issue its decision no later than 100 days after the notice of appeal is filed, except as specified. This bill would require the Judicial Council, no later than July 1, 2017, to adopt rules implementing this provision and shortening the time within which a party may file a notice of appeal in these cases.

Laws: An act to add Section 1294.4 to the Code of Civil Procedure, relating to arbitration. 

 

*SB 1078 (Jackson D)   Civil procedure: arbitration*

Status: 9/25/2016-Vetoed by the Governor.

Summary: Would prohibit an arbitrator from taking new cases from a party or a lawyer of a party during the pendency of an arbitration.  This bill would also require disclosure of solicitations by arbitrator service providers and would prohibit solicitations of a party or lawyer of a party during the pendency of the arbitration.

Laws: An act to amend Section 1281.9 of, and to add Section 1281.65 to, the Code of Civil Procedure, relating to arbitration.

 

*SB 1241 (Wieckowski D)   Employment contracts: adjudication: choice of law and forum*

Status: 9/25/2016-Chaptered by Secretary of State - Chapter 632, Statutes of 2016.

Summary: This bill, for contracts entered into, modified, or extended on or after January 1, 2017, would prohibit an employer from requiring an employee who primarily resides and works in California, as a condition of employment, to agree to a provision that would require the employee to adjudicate outside of California a claim arising in California or deprive the employee of the substantive protection of California law with respect to a controversy arising in California.

Laws: An act to add Section 925 to the Labor Code, relating to employment contracts.

 

  Civil Procedure

 

AB 1796 (Wilk R)   Civil actions: intervention.

Status: 7/1/2016-Failed

Summary: Would require that a person seeking to intervene in an action or proceeding, deemed the intervenor, petition the court for leave to intervene by noticed motion or ex parte application setting forth the grounds upon which the intervention rests, and would require the intervenor to include a copy of the proposed complaint in intervention or answer in intervention with the petition. The bill would also require the intervenor to serve the order, or notice of the court's decision or order, granting leave to intervene and the pleadings in intervention on all other parties in the action or proceeding, as specified.

Laws: An act to amend Sections 387, 1032, and 1038 of the Code of Civil Procedure, relating to civil procedure.

 

AB 2020 (Obernolte R)   Discovery: depositions.

Status: 7/1/2016-Failed 

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.

Laws: An act to amend Sections 2020.410 and 2025.270 of the Code of Civil Procedure, relating to depositions.

 

AB 2101 (Gordon D)   Sanctions: jurors.

Status: 8/12/2016-Failed

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, done without good cause or substantial justification, that is supported by clear and convincing evidence. The bill would require that these monetary sanctions be deposited into a bank account for distribution, as described above, with the balance deposited into the Trial Court Trust Fund and other funds.

Laws: An act to add and repeal Section 177.6 of the Code of Civil Procedure, and to amend Section 68085.1 of the Government Code, relating to court sanctions.

 

AB 2211 (Linder R)   Registered process servers.

Status: 7/25/2016-Chaptered by Secretary of State - Chapter 102, Statutes of 2016.

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.

Laws: An act to amend Sections 488.080, 699.080, and 706.108 of the Code of Civil Procedure, relating to civil procedure.

 

SB 1256 (Anderson R)   Civil law: litigation: The Civility in Litigation Act.

Status: 5/6/2016-Failed

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.

Laws: An act to add Section 314 to the Code of Civil Procedure, relating to civil law.

 

  Discrimination & Civil Rights

 

AB 488 (Gonzalez D)   Employment discrimination.

Status: 9/27/2016-Chaptered by Secretary of State - Chapter 683, Statutes of 2016.

Summary: Would authorize an individual employed under a special license in a nonprofit sheltered workshop, day program, or rehabilitation facility to bring an action under the California Fair Employment and Housing Act for any form of harassment or discrimination prohibited by the act. The bill would provide an employer against whom the individual brings this action with an affirmative defense by proving, by a preponderance of evidence, that the challenged action was permitted by statute or regulation and was necessary to serve employees with disabilities under a special license.

Laws: An act to amend Section 12926 of, and to add Section 12926.05 to, the Government Code, relating to employment discrimination.

 

AB 1383 (Jones R)   Veterans' preferences: voluntary policy.

Status: 7/1/2016-Failed 

Summary: Would enact the Voluntary Veterans' Preference Employment Policy Act to authorize a private employer to establish and maintain a written veterans' preference employment policy, to be applied uniformly to hiring decisions, to give a voluntary preference for hiring or retaining a veteran over another qualified applicant or employee. The bill would provide that the granting of a veterans' preference pursuant to the bill, in and of itself, shall be deemed not to violate any local or state equal employment opportunity law or regulation, including, but not limited to, the anti-discrimination provisions of the California Fair Employment and Housing Act.

Laws: An act to amend Section 12940 of, and to add Article 3 (commencing with Section 12958) to Chapter 6 of Part 2.8 of Division 3 of Title 2 of, the Government Code, relating to employment.

 

AB 1595 (Campos D)   Employment: human trafficking training: mass transportation employers.

Status: 5/27/2016-Failed

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.

Laws: An act to add Section 2810.6 to the Labor Code, relating to employment.

 

AB 1684 (Stone, Mark D)   Civil actions: human trafficking.

Status: 7/22/2016-Chaptered by Secretary of State - Chapter 63, Statutes of 2016.

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.

Laws: An act to amend Section 12930 of the Government Code, relating to civil actions.

 

AB 1843 (Stone, Mark D)   Applicants for employment: criminal history.

Status: 9/27/2016-Chaptered by Secretary of State - Chapter 686, Statutes of 2016.

Summary: Would 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 or related to an arrest, detention, processing, diversion, supervision, adjudication, or court disposition that occurred while the person was subject to the process and jurisdiction of juvenile court law. The bill, for the purposes of the prohibitions and exceptions described above, would provide that "conviction" excludes an adjudication by a juvenile court or any other court order or action taken with respect to a person who is under the jurisdiction of the juvenile court law, and would make related and conforming changes.

Laws: An act to amend Section 432.7 of the Labor Code, relating to employment.

 

AB 1887 (Low D)   State government: discrimination: travel.

Status: 9/27/2016-Chaptered by Secretary of State - Chapter 687, Statutes of 2016.

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.

Laws: An act to add Section 11139.8 to the Government Code, relating to discrimination.

 

AB 1942 (Garcia, Cristina D)   Human trafficking recognition and reporting: training: hotels and motels.

Status: 5/27/2016-Failed

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.

Laws: An act to amend Section 52.6 of the Civil Code, relating to human trafficking.

 

AB 2642 (Garcia, Eduardo D)   Removing Barriers to Employment Act: Breaking Barriers to Employment Initiative.

Status: 5/27/2016-Failed

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.

Laws: An act to add Division 1.4 (commencing with Section 180) to the Labor Code, relating to workforce development.

 

SB 1442 (Liu D)   Discrimination: regulations and enforcement.

Status: 9/30/2016-Chaptered by Secretary of State. Chapter 870, Statutes of 2016.

Summary: 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 requires 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.

Laws: An act to repeal Section 261 of the Education Code, and to amend Sections 11135, 11136, 11137, 11139, 12930, and 12935 of, to add Section 12957 to, to add Chapter 18 (commencing with Section 7400) and Chapter 18.1 (commencing with Section 7405) to Division 7 of Title 1 of, and to repeal Sections 11138, 11139.3, 11139.5, 11139.6, and 11139.7 of, the Government Code, relating to discrimination.

 

  Family & Medical Leave

 

*AB 908 (Gomez D)   Disability compensation: disability insurance*

Status: 4/11/2016-Chaptered by Secretary of State - Chapter No. 5, Statutes of 2016

Summary: Increases the wage replacement rate under California’s Paid Family Leave Program from 55% to 70% for those who make up to 33% of the California average weekly wage or 60% for those who make more than 33% of the California average weekly wage.  The bill also eliminates the one-week waiting period for PFL claims.

Laws: An act to amend Section 2655 of, to amend, repeal, and add Section 3303 of, and to add and repeal Section 2655.1 of, the Unemployment Insurance Code, relating to disability compensation, and making an appropriation therefor.

 

AB 2405 (Gatto D)   Employment: employees: time off

Status: 8/31/2016-Failed

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 8 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.

Laws: An act to amend Section 230.8 of the Labor Code, relating to employment.

 

*SB 654 (Jackson D)   Unlawful employment practice: parental leave*

Status: 9/30/16 Vetoed by the Governor.

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 6 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. This bill contains other existing laws.

Laws: An act to add Section 12945.6 to the Government Code, relating to employment.

 

  Health & Safety

 

AB 1050 (Low D)   Occupational safety and health: permanent variances.

Status: 9/27/16 Vetoed by the Governor.

Summary: Current law authorizes the Occupational Safety and Health Standards Board, upon the application of an employer, to grant a permanent variance from an occupational standard or order after specified notice and hearing requirements regarding employees or employee representatives are met. This bill would, when the request for a permanent variance pertains to a conveyance covered by the elevator safety orders, require the applicant to provide the required notice regarding the hearing to the local union representing elevator workers and to those workers who will be performing the tasks pursuant to the proposed variance, or their authorized representative.

Laws: An act to amend Section 143.1 of the Labor Code, relating to employment safety.

 

AB 2272 (Thurmond D)   Occupational safety and health standards: plume.

Status: 9/30/2016-Vetoed by the Governor.

Summary: Would, by June 1, 2017, 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. The bill would require the division, in developing the regulation to do certain things, including evaluating the use of certain standards adopted by specified organizations as a benchmark.

Laws: An act to add Section 144.9 to the Labor Code, relating to occupational safety and health.

 

AB 2337 (Burke D)   Employment protections: victims of domestic violence, sexual assault, or stalking.

Status: 9/14/2016-Chaptered by Secretary of State - Chapter 355, Statutes of 2016.

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 specific information in writing to new employees upon hire and to other employees upon request.

Laws: An act to amend Section 230.1 of the Labor Code, relating to employment.

 

AB 2437 (Ting D)   Barbering and cosmetology: establishments: posting notice.

Status: 9/14/2016-Chaptered by Secretary of State - Chapter 357, Statutes of 2016.

Summary: Would require, on and after July 1, 2017, an establishment licensed by the State Board of Barbering and Cosmetology to post a notice in English, Spanish, Vietnamese, and Korean regarding workplace rights and wage and hour laws, as specified, 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 an inspection, and would provide that a violation of that posting requirement is punishable as an administrative fine. This bill contains other related provisions and other existing laws. 

Laws: An act to add Section 7353.4 to the Business and Professions Code, and to add Section 98.10 to the Labor Code, relating to barbering and cosmetology.

 

AB 2539 (Levine D)   Modeling agencies: licensure: models: employees.

Status: 5/27/2016-Failed 

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.

Laws: An act to add Chapter 6 (commencing with Section 1707) to Part 6 of Division 2 of the Labor Code, relating to modeling agencies.

 

AB 2895 (Hernández, Roger D)   Employee safety: injury prevention programs.

Status: 8/31/2016-Failed

Summary: The California Occupational Safety and Health Act of 1973 establishes certain safety and other responsibilities of employers and employees. The Division of Occupational Safety and Health enforces and administers the act's provisions. The act requires the division to issue a citation to an employer for specified violations of the act's provisions, as provided. This bill, commencing July 1, 2017, would require an employer to keep a complete, updated copy of the written injury prevention program at each worksite with 3 or more employees and to make it available to any employee upon oral request.

Laws: An act to amend, repeal, and add Section 6401.7 of the Labor Code, relating to employment safety.

 

SB 1100 (Monning D)   Worker occupational safety and health training and education program.

Status: 8/31/2016-Failed

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. This bill would revise the calculation of the fee described above to also include a specified percentage of paid workers' compensation medical amounts for claims reported in the previous year and would deposit those additional moneys in the Workers' Occupational Safety and Health Education Fund.

Laws: An act to add Section 6354.8 to, and to repeal and amend Section 6354.7 of, the Labor Code, relating to occupational safety and health.

 

SB 1167 (Mendoza D)   Employment safety: indoor workers: heat regulations.

Status: 9/29/2016-Chaptered by Secretary of State - Chapter 839, Statutes of 2016.

Summary: Would require the Division of Occupational Safety and Health, by January 1, 2019, to propose to the Occupational Safety and Health Standards Board for the board's review and adoption, a heat illness and injury prevention standard applicable to workers working in indoor places of employment. The bill would specify that this requirement does not prohibit the division from proposing, or the standards board from adopting, a standard that limits the application of high heat provisions to certain industry sectors.

Laws: An act to add Section 6720 to the Labor Code, relating to employee safety.

 

  Immigrant Employee Rights

 

AB 20 (Alejo D)   Undocumented workers: California Agricultural Act.

Status: 8/12/2016-Failed 

Summary: Would require the Labor and Workforce Development Agency and the Department of Food and Agriculture to convene a working group to consult with the United States Department of Homeland Security and the United States Department of Justice in order to determine the legal roles and responsibilities of federal and state agencies in implementing a program to provide undocumented persons who are agricultural employees with a permit to work and live in California.

Laws: An act to add Chapter 8 (commencing with Section 11050) to Part 1 of Division 3 of the Unemployment Insurance Code, relating to undocumented workers.

 

AB 2159 (Gonzalez D)   Evidence: immigration status.

Status: 8/17/2016-Chaptered by Secretary of State - Chapter No. 132, Statutes of 2016

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.

Laws: An act to add Section 351.2 to the Evidence Code, relating to evidence.

 

SB 1001 (Mitchell D)   Employment: unfair practices.

Status: 9/28/2016-Chaptered by Secretary of State - Chapter 782, Statutes of 2016.

Summary: Current law prohibits an employer or any other person from engaging in, or directing another person to engage in, an unfair immigration-related practice against a person for the purpose of or intent to retaliate against any person for exercising a protected right, as specified. This bill would make it unlawful for an employer to request more or different documents than are required under federal law, to refuse to honor documents tendered that on their face reasonably appear to be genuine, to refuse to honor documents or work authorization based upon the specific status or term of status that accompanies the authorization to work, or to reinvestigate or reverify an incumbent employee's authorization to work, as specified.

Laws: An act to add Section 1019.1 to the Labor Code, relating to employment.

 

 

  Public Employment

 

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

Status: 8/12/2016-Failed 

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

Laws: An act to add Article 11 (commencing with Section 9149.30) to Chapter 1.5 of Part 1 of Division 2 of Title 2 of the Government Code, relating to the Legislature.

 

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

Status: 9/30/16 Vetoed by the Governor.

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

Laws: An act to amend Section 19635 of the Government Code, relating to public employment.

 

  Wage and Hour

 

AB 67 (Gonzalez D)   Double Pay on the Holiday Act of 2016.

Status: 8/31/2016-Failed

Summary: Would enact the Double Pay on the Holiday Act of 2016, which would require an employer to pay at least 2 times the regular rate of pay to employees at retail and grocery store establishments, as defined, except employees in specified categories, for work on a family holiday, as defined. The bill would exempt retail food facilities, as defined, from the act unless the retail food facility is a grocery store establishment, or is located within a retail establishment, or is located within a grocery store establishment and primarily sells food for onsite consumption. This bill contains other related provisions and other existing laws. 

Laws: An act to add Section 511.5 to the Labor Code, relating to employment.

 

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

Status: 9/30/16 Vetoed by the Governor.

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

Laws: An act to add Section 19851.2 to, and to add and repeal Section 19851.3 of, the Government Code, relating to state employees.

 

AB 1066 (Gonzalez D)   Agricultural workers: wages, hours, and working conditions.

Status: 9/12/16 Chaptered by Secretary of State - Chapter 313, Statutes of 2016.

Summary: Current law sets wage, hour, meal break requirements, and other working conditions for employees and requires an employer to pay overtime wages as specified to an employee who works in excess of a workday or workweek, as defined, and imposes criminal penalties for the violation of these requirements. Current law exempts agricultural employees from these requirements. 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 2019 to 2022, inclusive.

Laws: An act to amend Section 554 of, and to add Chapter 6 (commencing with Section 857) to Part 2 of Division 2 of, the Labor Code, relating to employment.

 

AB 1311 (Cooper D)   Temporary services employees: wages.

Status: 7/22/2016-Chaptered by Secretary of State - Chapter 61, Statutes of 2016.

Summary: Current law generally requires that an employee of a temporary services employer, as defined, be paid weekly. Current law provides that a violation of these provisions is punishable as a misdemeanor. This bill would, with certain exceptions, make the weekly pay requirement applicable to a security guard employed by a private patrol operator who is a temporary services employer, as provided. This bill contains other related provisions and other current laws.

Laws: An act to amend Section 201.3 of the Labor Code, relating to employment, and declaring the urgency thereof, to take effect immediately.

 

*AB 1676 (Campos D)   Employers: wage discrimination*

Status: 9/30/16 Chaptered by Secretary of State - Chapter 856, Statutes of 2016.

Summary: Current law makes it a misdemeanor for an employer or other person acting either individually or as an officer, agent, or employee of another person to pay or cause to be paid to any employee a wage less than the rate paid to an employee of the opposite sex as required by these provisions, or who reduces the wages of any employee in order to comply with these provisions. Existing law also makes it a misdemeanor for an employer to refuse or neglect to comply with the above provisions of law. This bill would specify that prior salary cannot, by itself, justify any disparity in compensation under the bona fide factor exception to the above prohibition.

Laws: An act to amend Section 1197.5 of the Labor Code, relating to employers

 

AB 1727 (Gonzalez D)   Hosting platforms: independent contractors.

Status: 4/22/2016-Failed

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.

Laws: An act to add Chapter 4.8 (commencing with Section 1080) to Part 3 of Division 2 of the Labor Code, relating to employment.

 

*AB 1890 (Dodd D)   Discrimination: equal pay: state contracting*

Status: 9/30/16 Vetoed by the Governor.

Summary: Would enact the Equal Pay for Equal Work Act of 2016. The bill would require an employer with a contract with the state that amounts to $50,000 or more that either is required by federal regulations to submit an EEO-1 report to the United States Equal Employment Opportunity Commission (EEOC) or has 100 or more employees in the state to submit a nondiscrimination program to the department and to submit periodic reports of its compliance with that program, no more than annually, on a schedule to be determined by the department. The bill would require the department to make these programs and reports available to the Commission on the Status of Women and Girls.

Laws: An act to amend Section 12990 of the Government Code, relating to discrimination. 

 

AB 1948 (Wagner R)   Compensation: meal and rest or recovery periods.

Status: 4/22/2016-Failed

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.

Laws: An act to amend Section 226.7 of the Labor Code, relating to employment.

 

AB 1978 (Gonzalez D)   Employment: property service workers.

Status: 9/15/16 Chaptered by Secretary of State - Chapter No. 373.

Summary: Current law establishes the Department of Industrial Relations in the Labor and Workforce Development Agency 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. Current law establishes within the department the Division of Labor Standards Enforcement, which is vested with the general duty of enforcing labor laws, including those relating to wage claims and employer retaliation. This bill would require every employer subject to its provisions to keep accurate records of specific information regarding employees for 3 years.

Laws: An act to add Part 4.2 (commencing with Section 1420) to Division 2 of the Labor Code, relating to employment.

 

AB 2025 (Gonzalez D)   Nail Salon Workers: labor law education requirements.

Status: 9/21/16 Chaptered by Secretary of State - Chapter 409, Statutes of 2016.

Summary: Current law requires the State Board of Barbering and Cosmetology 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, Korean, Spanish, and Vietnamese. This bill contains other related provisions and other existing laws.

Laws: An act to amend Sections 7312, 7314, 7314.3, 7337, 7347, and 7389 of the Business and Professions Code, relating to professions and vocations.

 

AB 2230 (Chu D)   Overtime compensation: private elementary or secondary academic institutions: teachers.

Status: 9/12/16 Chaptered by Secretary of State - Chapter 314, Statutes of 2016.

Summary: Current law provides that hours worked in excess of 12 hours in one day as well as hours worked in excess of 8 hours on any 7th day of work are to be compensated at the rate of no less than twice the regular rate of pay of an employee. Current law exempts from these provisions an individual employed as a teacher at a private elementary or secondary academic institution if specified requirements are met, including, among others, that the employee earns a monthly salary equivalent to no less than 2 times the state minimum wage for full-time employment. This bill would suspend that earnings standard until July 1, 2017.

Laws: An act to amend Section 515.8 of the Labor Code, relating to employment.

 

AB 2370 (Wagner R)   Industrial Welfare Commission: wage orders: hours worked.

Status: 5/6/2016-Failed

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.

Laws: An act to amend Section 516 of the Labor Code, relating to employment.

 

AB 2437 (Ting D)   Nail Salon Workers: establishments: posting notice.

Status: 9/14/16 Chaptered by Secretary of State - Chapter 357, Statutes of 2016.

Summary: Would require, on and after July 1, 2017, an establishment licensed by the State Board of Barbering and Cosmetology to post a notice in English, Spanish, Vietnamese, and Korean regarding workplace rights and wage and hour laws, as specified, 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 an inspection, and would provide that a violation of that posting requirement is punishable as an administrative fine. This bill contains other related provisions and other existing laws.

Laws: An act to add Section 7353.4 to the Business and Professions Code, and to add Section 98.10 to the Labor Code, relating to barbering and cosmetology.

 

AB 2461 (Grove R)   Labor Code Private Attorneys General Act of 2004.

Status: 5/6/2016-Failed

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.

Laws: An act to amend Sections 2699 and 2699.3 of, and to repeal Section 2699.5 of, the Labor Code, relating to employment.

 

AB 2462 (Grove R)   Labor Code Private Attorneys General Act of 2004.

Status: 5/6/2016-Failed

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.

Laws: An act to amend Section 2699.3 of the Labor Code, relating to employment.

 

AB 2463 (Grove R)   Labor Code Private Attorneys General Act of 2004: penalty cap.

Status: 5/6/2016-Failed

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.

Laws: An act to amend Section 2699 of the Labor Code, relating to employment.

 

AB 2464 (Grove R)   Labor Code Private Attorneys General Act of 2004.

Status: 5/6/2016-Failed

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.

Laws: An act to amend Section 2699 of the Labor Code, relating to employment.

 

AB 2465 (Grove R)   Labor Code Private Attorneys General Act of 2004.

Status: 4/22/2016-Failed

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.

Laws: An act to amend Section 2699.3 of the Labor Code, relating to employment.

 

AB 2535 (Ridley-Thomas D)   Employment: wages: itemized statements.

Status: 7/22/2016-Chaptered by Secretary of State - Chapter 77, Statutes of 2016.

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.

Laws: An act to amend Section 226 of the Labor Code, relating to wages.

 

AB 2897 (Hernández, Roger D)   Car washes.

Status: 8/31/2016-Failed

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.

Laws: An act to add Section 2066.5 to the Labor Code, relating to car washes.

 

AB 2898 (Hernández, Roger D)   Private Attorneys General Act of 2004.

Status: 8/31/2016-Failed

Summary: Current law authorizes a plaintiff as a matter of right to amend an existing complaint to add a cause of action arising under the Labor Code Private Attorneys General Act at any time within 60 days of the specified time periods. This bill would extend the time to add a cause of action to any time within 90 days of the specified time periods.

Laws: An act to amend Section 2699.3 of the Labor Code, relating to employment.

 

AB 2899 (Hernández, Roger D)   Minimum wage violations: challenges.

Status: 9/25/16 Chaptered by Secretary of State - Chapter 622, Statutes of 2016.

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.

Laws: An act to amend Section 1197.1 of the Labor Code, relating to employment.

 

SB 3 (Leno D)   Minimum wage: in-home supportive services: paid sick days.

Status: 4/4/2016-Chaptered by Secretary of State - Chapter No. 4, Statutes of 2016

Summary: increases the state minimum wage, incrementally to $15 per hour by 2022 or, for businesses with 25 employees or less, by 2023. Beginning July 1, 2018, entitles providers of in-home supportive services to up to 3 days of paid sick days.  Provides for two potential "off-ramps" whereby the Governor can temporarily suspend a scheduled increase.

Laws: An act to amend Sections 245.5, 246, and 1182.12 of the Labor Code, relating to labor.

 

SB 702 (McGuire D)   Employment of minors: agricultural packing plants.

Status: 9/28/16 Chaptered by Secretary of State - Chapter 775, Statutes of 2016.

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, 2022. It would additionally require the Labor Commissioner to report to the Legislature on or before November 1, 2020, on the working conditions for the period from October 1, 2016, to October 1, 2020, inclusive.

Laws: An act to amend Section 1393.5 of the Labor Code, relating to employment.

 

SB 878 (Leyva D)   Work hours: reliable scheduling.

Status: 5/27/2016-Failed 

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.

Laws: An act to add Section 510.5 to the Labor Code, relating to private employment.

 

SB 985 (Berryhill R)  California Workplace Flexibility Act of 2016.

Status: 8/31/2016-Failed

Summary: Would enact the California Workplace Flexibility Act of 2016. The bill, until January 1, 2022, would establish an overtime exemption for an employee-selected flexible work schedule. The exemption would allow, at the written request of an individual nonexempt employee on a form provided by the Division of Labor Standards Enforcement, 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.

Laws: An act to amend Section 510 of, and to add and repeal Section 511.5 of, the Labor Code, relating to employment, and declaring the urgency thereof, to take effect immediately.

 

SB 1015 (Leyva D)   Domestic work employees: labor standards.

Status: 9/12/16 Chaptered by Secretary of State - Chapter 315, Statutes of 2016.

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.

Laws: An act to repeal Section 1453 of the Labor Code, relating to domestic work employees.

 

*SB 1063 (Hall D)   Conditions of employment: wage differential: race or ethnicity*

Status: 9/30/16 Chaptered by Secretary of State. Chapter 866, Statutes of 2016.

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 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.

Laws: An act to amend Sections 1197.5 and 1199.5 of the Labor Code, relating to employment.

 

SB 1125 (Nguyen R)   Employment relations: nail care salons: labor law compliance.

Status: 7/1/2016-Failed 

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.

Laws: An act to add Section 2810.8 to the Labor Code, relating to employment.

 

SB 1228 (Runner R)   Small business: California Small Business Regulatory Fairness Act.

Status: 5/27/2016-Failed

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.

Laws: An act to add Chapter 3.7 (commencing with Section 11367) to Part 1 of Division 3 of Title 2 of the Government Code, relating to small business.

 

*SB 1241 (Wieckowski D)   Employment contracts: adjudication: choice of law and forum*

Status: 9/25/16 Chaptered by Secretary of State - Chapter 632, Statutes of 2016.

Summary: Current law regulates the terms and conditions of labor contracts. Current law prohibits an employer from requiring an employee or applicant for employment to agree, in writing, to any term or condition that is known by the employer to be illegal. This bill, for contracts entered into, modified, or extended on or after January 1, 2017, would prohibit an employer from requiring an employee who primarily resides and works in California, as a condition of employment, to agree to a provision that would require the employee to adjudicate outside of California a claim arising in California or deprive the employee of the substantive protection of California law with respect to a controversy arising in California.

Laws: An act to add Section 925 to the Labor Code, relating to employment contracts.

 

SB 1245 (Anderson R)  Industrial Welfare Commission: wage orders: hours worked.

Status: 5/6/2016-Failed

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.

Laws: An act to amend Section 516 of the Labor Code, relating to employment.

 

SB 1256 (Anderson R)   Civil law: litigation: The Civility in Litigation Act.

Status: 5/6/2016-Failed

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.

Laws: An act to add Section 314 to the Code of Civil Procedure, relating to civil law.

 

SB 1342 (Mendoza D)   Wages: investigations: subpoenas.

Status: 7/25/2016-Chaptered by Secretary of State - Chapter 115, Statutes of 2016.

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 any local law or ordinance, including local wage laws. The bill would provide legislative findings in support of this provision.

Laws: An act to add Section 53060.4 to the Government Code, relating to wages.

 

SB 1344 (Stone R)   Domestic work employees.

Status: 4/22/2016-Failed

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.

Laws: An act to amend Section 1454 of the Labor Code, relating to employment.

 

SB 1468 (Stone R)   Employment: private enforcement.

Status: 5/6/2016-Failed

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

Laws: An act to amend Section 2699 of the Labor Code, relating to employment.

 

  Workers Comp

 

AB 1643 (Gonzalez D)   Workers' compensation: permanent disability apportionment.

Status: 9/30/16 Vetoed by the Governor.

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.

Laws: An act to amend Section 4663 of, and to add Section 4660.2 to, the Labor Code, relating to employment.

  

AB 2407 (Chávez R)   Workers' compensation.

Status: 6/3/2016-Failed

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.

Laws: An act to amend Section 4600 of the Labor Code, relating to workers' compensation.

 

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

Status: 8/31/2016-Failed

Summary: Would prohibit the employer, or any entity conducting utilization review on behalf of the employer, from offering or providing any financial incentive or consideration to a physician based on the number of modifications, delays, or denials made by the physician. The bill would authorize the administrative director to review any compensation agreement, payment schedule, or contract between the employer, or any entity conducting utilization review on behalf of the employer, and the utilization review physician.

Laws: An act to amend Section 4610 of the Labor Code, relating to workers' compensation.

 

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