Legislative Update as of 7/12/2017

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

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


  Civil Procedure


AB 383 (Chau D)   Civil actions: discovery status conference.
Current Text: Amended: 7/6/2017   Text
Summary: Would, until January 1, 2023, authorize a court to conduct an informal discovery conference between the parties to a civil action upon request by a party or on the court’s own motion to discuss discovery matters in dispute between the parties, as specified. The bill would authorize a court that grants or orders an informal discovery conference to toll the deadline for filing a discovery motion, or make any other appropriate discovery order. If an informal discovery conference is not held within 30 calendar days from the date the court granted the request, the bill would require that the request for an informal discovery conference be deemed denied, and that any tolling period previously ordered by the court would continue to apply.
AB 535 (Jones-Sawyer D)   Trial jurors: eligibility.
Current Text: Introduced: 2/13/2017   Text
Summary: Current law excludes from jury service a person who has been convicted of malfeasance in office. Current law also excludes from jury service a felon whose civil rights have not been restored. This bill would instead exclude a felon who has not completed probation, parole, post-release community supervision, or mandatory supervision. This bill would also categorically exclude a person who has been convicted of bribery, perjury, forgery, or other high crimes.
AB 644 (Berman D)   Civil procedure: pleadings.
Current Text: Amended: 4/24/2017   Text
Summary: Current law, until January 1, 2021, authorizes a party to amend its pleading once without leave of the court at any time before the answer or demurrer is filed, or after a demurrer is filed but before it is heard if the amended complaint, cross-complaint, or answer is filed and served no later than the date for filing an opposition to the demurrer. Current law authorizes a party to amend the complaint, cross-complaint, or answer after the date for filing an opposition to the demurrer, upon stipulation by the parties. This bill, until January 1, 2021, would additionally authorize a party to amend its pleading without leave of the court any time before a motion to strike is filed, or after a motion to strike is heard, as specified.
AB 828 (Obernolte R)   Civil actions: fee recovery.
Current Text: Amended: 3/27/2017   Text
Summary: Current law enumerates the costs that a prevailing party may recover in a civil action. Currentlaw provides that costs for models and enlargements of exhibits and photocopies of exhibits may be recovered if the items were reasonably helpful to aid the trier of fact. This bill would authorize a prevailing party to recover fees for the costs associated with the electronic presentation of exhibits, including costs of rental equipment and electronic formatting.
AB 889 (Stone, Mark D)   Secrecy agreements.
Current Text: Amended: 5/30/2017   Text
Summary: Current law generally permits the parties to a civil action to include, as a condition to a settlement, a provision requiring that information about the settlement or the underlying dispute be kept confidential; however, existing law prohibits a confidential settlement agreement in a civil action with a factual foundation establishing a cause of action for civil damages for an act that may be prosecuted as a felony sex offense. Current law also establishes that flouting this prohibition is grounds for professional discipline for an attorney, and it requires the State Bar of California to investigate and take appropriate action in any case brought to its attention. This bill would instead authorize but not require the State Bar to investigate these cases of attorney misconduct.
AB 976 (Berman D)   Electronic filing and service.
Current Text: Amended: 7/11/2017   Text
Summary: Under current law, the Orange County Superior Court is authorized until July 1, 2014, to establish a pilot project to require parties to specified civil actions to file and serve documents electronically, subject to certain requirements. This bill would remove the authorization of the Orange County Superior Court to establish the aforementioned pilot project, and would instead authorize all trial courts in the State of California to, by local rule, require the electronic filing and service of documents in civil actions, as specified, in accordance with certain requirements.
AB 984 (Calderon D)   Courts: frivolous actions or tactics.
Current Text: Amended: 6/19/2017   Text
Summary: Current law, until January 1, 2018, authorizes a trial court to order a party, the party’s attorney, or both, to pay the reasonable expenses, including attorney’s fees, incurred by another party as a result of bad-faith actions or tactics, as defined, that are frivolous or solely intended to cause unnecessary delay. Current law requires a party filing a motion pursuant to those provisions to promptly transmit specified information to the California Research Bureau of the California State Library. This bill would extend indefinitely the authorization of the trial court to order the payment of those reasonable expenses, but would not extend, and instead delete, the requirements on the filing party and the bureau relating to transmitting and maintaining the specified information, respectively.
SB 33 (Dodd D)   Arbitration agreements.
Current Text: Amended: 7/3/2017   Text
Summary: Current law requires a court, on petition of a party to an arbitration agreement alleging (1) the existence of a written agreement to arbitrate a controversy and (2) that a party to the agreement refuses to arbitrate the controversy, to order the petitioner and the respondent to arbitrate the controversy if the court determines that an agreement to arbitrate exists, unless the court makes other determinations. This bill would add to these determinations instances in which a financial institution, as defined, is seeking to apply a written agreement to arbitrate, contained in a contract consented to by a consumer, to a purported contractual relationship with that consumer that was created by the petitioner fraudulently without the consumer’s consent and by unlawfully using the consumer’s personal identifying information, as defined.
SB 467 (Wilk R)   Civil actions: appearance by electronic means.
Current Text: Amended: 5/2/2017   Text
Summary: Current law regulates the procedure of civil actions and permits a party who has provided notice to appear by telephone at specified conferences, hearings, and proceedings, in a general civil case, defined as all civil cases except probate, guardianship, conservatorship, juvenile, and family law proceedings. This bill would permit a party who has provided notice to appear by electronic means that provide remote access to a conference, hearing, or proceeding in all civil cases, as specified.
SB 484 (Roth D)   Deposition reporting services: unlawful business practices.
Current Text: Amended: 4/6/2017   Text
Summary: Would provide that it is unlawful for a person who is employed by or who independently contracts with an entity that arranges for deposition officers to report or transcribe deposition testimony to offer, pursuant to any agreement or understanding, oral or otherwise, any gift, incentive, reward, or anything of value to any person or entity, as defined, associated with a proceeding being reported or transcribed. The bill would also provide that a violation of this provision is punishable by a civil fine not to exceed $5,000 for each violation, and would authorize the Attorney General, a district attorney, or a city attorney to bring a civil action for a violation of this provision.
SB 626 (Newman D)   Military and veterans: enlisted persons.
Current Text: Amended: 5/25/2017   Text
Summary: Current law establishes within state government a Military Department that includes the office of the Adjutant General, the California National Guard, the State Military Reserve, the California Cadet Corps, and the Naval Militia. Current law also generally governs the administration of military and veterans’ affairs, including those relating to enlisted men and women.This bill would make technical amendments to modify references throughout the code to “enlisted man or woman” or “enlisted men or women” to instead refer to “enlisted person” or “enlisted persons.”

  Discrimination & Civil Rights


AB 39 (Bocanegra D)   Hate crimes.
Current Text: Amended: 4/25/2017   Text
Summary: Current law defines a “hate crime” as a criminal act committed, in whole or in part, because of actual or perceived characteristics of the victim, including, among other things, race, religion, disability, and sexual orientation. Subject to adequate funding, current law requires the Attorney General to direct local law enforcement agencies to report to the Department of Justice specified information relative to hate crimes, as prescribed. This bill would require every local law enforcement agency to forward a summary of any hate crime reported within its jurisdiction to the human relations commission within that jurisdiction, if such an entity exists, as specified.
AB 291 (Chiu D)   Housing: immigration.
Current Text: Amended: 5/15/2017   Text
Summary: The State Bar Act makes it a cause for suspension, disbarment, or other discipline for any member of the State Bar to report suspected immigration status or threaten to report suspected immigration status of a witness or party to a civil or administrative action or his or her family member, as defined, to a federal, state, or local agency because the witness or party exercises or has exercised a right related to his or her employment. This bill would expand that provision to make it a cause for suspension, disbarment, or other discipline for a member of the State Bar to report suspected immigration status or threaten to report suspected immigration status of a witness or party to a civil or administrative action or his or her family member, as defined, to a federal, state, or local agency because the witness or party exercises or has exercised a right related to the hiring of residential real property.
AB 353 (Voepel R)   Employment policy: voluntary veterans’ preference.
Current Text: Amended: 6/27/2017   Text
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 antidiscrimination provisions of FEHA.
AB 569 (Gonzalez Fletcher D)   Discrimination: reproductive health.
Current Text: Amended: 4/19/2017   Text
Summary: Would amend provisions of labor law relating to the obligations of an employer to prohibit an employer from taking any adverse employment action, as defined, against an employee based on his or her reproductive health care decisions, methods, or the use of any drug, device, or medical service related to reproductive health by an employee or employee’s dependent. The bill would also prohibit requiring an employee to sign a code of conduct or similar document that purports to deny any employee the right to make his or her own reproductive health care decisions, including the use of a particular drug, device, or medical service.
AB 740 (Reyes D)   Oaths and affirmations.
Current Text: Enrolled: 7/6/2017   Text
Summary: Under current law, a judge or justice, among others, may administer oaths or affirmations. Current law also authorizes a former judge or justice of a court of record in this state who retired or resigned from office to administer oaths and affirmations for a specified period of time if the former judge or justice requests and receives a certification from the Commission on Judicial Performance, and if a formal disciplinary proceeding was not pending at the time of his or her retirement or resignation. This bill would provide additional conditions under which the Commission on Judicial Performance would be required to issue a certification to administer oaths and affirmations to a former judge or justice, as specified.
AB 1008 (McCarty D)   Employment discrimination: prior criminal history.
Current Text: Amended: 6/20/2017   Text
Summary: Would repeal the prohibition on a state or local agency from asking an applicant for employment to disclose information regarding a criminal conviction, as described above. The bill would, instead, provide it is an unlawful employment practice under FEHA for an employer to include on any application for employment any question that seeks the disclosure of an applicant’s criminal history, to inquire into or consider the conviction history of an applicant until that applicant has received a conditional offer, and, when conducting a conviction history background check, to consider, distribute, or disseminate specified information related to prior criminal convictions, except as provided.
AB 1161 (Ting D)   Hate crimes: law enforcement policies.
Current Text: Amended: 3/21/2017   Text
Summary: Would require any hate crime policy adopted or revised by a state or local law enforcement agency to include, among other things, the model policy framework developed by POST and information regarding bias motivation. The bill would require POST, if it updates the framework or other formal policy on hate crimes, to incorporate this information in its framework or other formal policy. The bill would require any state or local law enforcement agency that adopts or revises a hate crime policy to consult specified groups.
AB 1556 (Stone, Mark D)   Employment discrimination: unlawful employment practices.
Current Text: Amended: 6/19/2017   Text
Summary: The Moore-Brown-Roberti Family Rights Act makes it an unlawful employment practice for an employer, as defined, to refuse to grant a request by an eligible employee to take up to 12 workweeks of unpaid protected leave during any 12-month period (1) to bond with a child who was born to, adopted by, or placed for foster care with, the employee, (2) to care for the employee’s parent, spouse, or child who has a serious health condition, as defined, or (3) because the employee is suffering from a serious health condition rendering him or her unable to perform the functions of the job. This bill would revise these provisions by deleting gender-specific personal pronouns and by making other conforming changes.
AB 1710 (Committee on Veterans Affairs)   Prohibited discrimination against service members.
Current Text: Introduced: 3/6/2017   Text
Summary: Current law prohibits various types of discrimination against an officer, warrant officer, or enlisted member of the military or naval forces of the state or of the United States because of his or her membership or service, including, among others, discrimination with respect to his or her employment. Current law provides criminal penalties and civil remedies for violations of these prohibitions. This bill would include, within these prohibitions, discrimination in terms, conditions, or privileges of employment, as specified.
SB 31 (Lara D)   California Religious Freedom Act: state agencies: disclosure of religious affiliation information.
Current Text: Amended: 3/27/2017   Text
Summary: Current law prohibits a state agency from including a question regarding an applicant’s race, sex, marital status, or religion in any application form for employment. This bill would prohibit a state or local agency or a public employee acting under color of law from providing or disclosing to the federal government personal information regarding a person’s religious beliefs, practices, or affiliation, as specified, when the information is sought for compiling a database of individuals based on religious belief, practice, or affiliation, national origin, or ethnicity for law enforcement or immigration purposes.
SB 66 (Wieckowski D)   Income taxes: deductions: punitive damages.
Current Text: Introduced: 1/5/2017   Text
Summary: The Personal Income Tax Law and the Corporation Tax Law allow various deductions in computing the income that is subject to the taxes imposed by those laws. Both laws allow a deduction for ordinary and necessary business expenses, including a deduction for amounts paid or incurred for specified types of punitive damages. This bill, for taxable years beginning on or after January 1, 2018, would disallow, under both laws, a deduction for amounts paid or incurred for punitive damages, as provided.

  Family & Medical Leave


AB 568 (Gonzalez Fletcher D)   School and community college employees: paid maternity leave.
Current Text: Amended: 5/17/2017   Text
Summary: Would require the governing board of a school district, the governing body of a charter school, and the governing board of a community college district to provide at least 6 weeks of a leave of absence with full pay for a certificated employee, or an academic employee, of the district or charter school who is required to be absent from duties because of pregnancy, miscarriage, childbirth, and recovery therefrom. The bill would authorize the paid leave to begin before and continue after childbirth, provided that the employee is actually disabled by pregnancy, childbirth, or a related condition.
AB 1390 (Chávez R)   Academic employees: parental leave.
Current Text: Introduced: 2/17/2017   Text
Summary: Current law establishes community college districts, administered by governing boards, throughout the state. Current law provides that during each school year, a person employed in an academic position may use his or her sick leave for purposes of parental leave for a period of up to 12 workweeks. Current law provides a differential pay benefit for persons employed in academic positions that have exhausted all available sick leave and continue to be absent from their duties on account of parental leave, as specified. This bill would make nonsubstantive changes to these provisions.
SB 63 (Jackson D)   Unlawful employment practice: parental leave.
Current Text: Amended: 5/26/2017   Text
Summary: Would prohibit an employer, as defined, from refusing to allow an employee with more than 12 months of service with the employer, who has at least 1,250 hours of service with the employer during the previous 12-month period, and who works at a worksite in which the employer employs at least 20 employees within 75 miles, 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.
SB 728 (Newman D)   State public employees: sick leave: veterans with service-related disabilities.
Current Text: Amended: 7/6/2017   Text
Summary: Would grant a state officer or employee who serves as a member of the National Guard or federal military reserve force who is called up to active service and as a result sustains a service-connected disability rated at 30% or more by the United States Department of Veterans Affairs an additional credit for sick leave with pay of up to 96 hours for the purpose of undergoing medical treatment, including mental health treatment, for his or her service-connected disability.
SB 731 (Newman D)   Public school employees: military veterans: leave of absence for illness or injury.
Current Text: Amended: 7/5/2017   Text
Summary: Current law requires a certificated employee hired on or after January 1, 2017, who is a military veteran with a military service-connected disability rated at 30% or more by the United States Department of Veterans Affairs be entitled to a leave of absence for illness or injury with pay of up to 10 days for the purpose of undergoing medical treatment for his or her military service-connected disability, as specified. This bill would expand these requirements to include a certificated employee who is a member or veteran of the California National Guard or reserve component of the federal military returning from a federal mobilization with a service-connected disability rated at 30% or more by the United States Department of Veterans Affairs that was incurred during the active duty recently completed.

  Harassment


SB 295 (Monning D)   Farm labor contractors.
Current Text: Amended: 4/17/2017   Text
Summary: Current law prohibits the issuance of a farm labor contractor license unless the applicant attests in writing that certain employees have received sexual harassment prevention and reporting training in accordance with prescribed requirements relating to the substance, administration, and record of the training. This bill would additionally require that training for each agricultural employee be in the language understood by that employee.

  Health & Safety


AB 402 (Thurmond D)   Occupational safety and health standards: plume.
Current Text: Introduced: 2/9/2017   Text
Summary: Would, by June 1, 2018, require the Division of Occupational Safety and Health to convene an advisory committee to develop a regulation that requires a health facility to evacuate or remove plume through the use of a plume scavenging system in all settings that employ techniques that involve the creation of plume and would authorize certain entities and people to be on the advisory committee, including, among others, practicing physicians and surgeons from affected specialties.
AB 442 (Frazier D)   Employer liability: small business and microbusiness.
Current Text: Introduced: 2/13/2017   Text
Summary: Would prohibit the Division of Occupational Safety and Health from commencing any enforcement action for any nonserious violation, as defined, against any employer where the employer is a small business or microbusiness, as defined, without first giving the employer written notice and providing the employer 30 days to correct the violation. The bill would authorize the division to assess a reasonable fee to cover its costs not to exceed $50.
AB 978 (Limón D)   Employment safety: injury and illness prevention program.
Current Text: Amended: 6/15/2017   Text
Summary: Would require an employer who receives a written request for a paper or electronic copy of the written injury prevention program from a current employee, or his or her authorized representative, to comply with the request as soon as practicable, but no later than 10 business days from the date the employer receives the request. The bill would require the employer to provide the copy of the written injury prevention program free of charge. The bill would authorize the employer to take reasonable steps to verify the identity of a current employee or his or her authorized representative and to designate the person to whom a request is to be made.
AB 1056 (Kiley R)   Asbestos Tort Trust Transparency Act and trial preferences.
Current Text: Introduced: 2/16/2017   Text
Summary: Would enact the Asbestos Tort Claim Trust Transparency Act, which would establish additional procedures with respect to civil actions pertaining to asbestos tort claims, as defined. The bill would, among other things, require that a plaintiff disclose specified information with respect to any asbestos trusts, as defined, against which the plaintiff has or could pursue a claim, and entitle a defendant to discovery with respect to relevant information pertaining to the plaintiff held by other asbestos trusts and to pursue various motions.
AB 1389 (Bigelow R)   Employment safety: boiler and tank inspections.
Current Text: Amended: 3/29/2017   Text
Summary: Current law authorizes a permit to be issued by or on behalf of the division for the operation of a tank or boiler if it is found to be in a safe condition. Current law requires the inspection required by these provisions to be made either by qualified safety engineers employed by the division or by certified inspectors. This bill would, in the same manner as provided by law for a public entity, exempt an insurer, its agents, employees, or service contractors from liability for injury caused by failure to make an inspection, or by reason of making an inadequate or negligent inspection, of a tank or boiler, for the purpose of determining whether it is in a safe condition for operation.

  Human Trafficking


AB 260 (Santiago D)   Human trafficking.
Current Text: Amended: 7/5/2017   Text
Summary: Current law requires specified businesses and other establishments to post a notice, as specified, that contains information related to slavery and human trafficking, including information related to specified nonprofit organizations that provide services in support of the elimination of slavery and human trafficking. Current law makes a violation of this requirement punishable by a civil penalty. This bill would require hotels, motels, and bed and breakfast inns, as defined, not including personal residences, to post the notice relating to slavery and human trafficking, as specified.
SB 225 (Stern D)   Human trafficking: notice.
Current Text: Amended: 4/20/2017   Text
Summary: Current law requires specified businesses and other establishments to post a notice, as developed by the Department of Justice, that contains information relating to slavery and human trafficking, including information regarding specified nonprofit organizations that a person can call for services or support in the elimination of slavery and human trafficking. This bill would require the notice to specify that a person can also text a specified number for services and support and would revise the names of the nonprofit organizations listed in the notice. The bill, by April 1, 2018, would also require the department to revise and update the notice, as specified.
SB 270 (Atkins D)   Human trafficking recognition and reporting: training: hotels and motels.
Current Text: Introduced: 2/8/2017   Text
Summary: Would require a hotel or motel that provides lodging services in the state to train its employees who are likely to interact or come into contact with victims of human trafficking in recognizing the signs of human trafficking and how to report those signs to the appropriate law enforcement agency, as specified. The bill would prescribe certain characteristics that the training program is required to have and require it to be approved by the Department of Justice.

  Immigrant Employee Rights


AB 450 (Chiu D)   Employment regulation: immigration worksite enforcement actions.
Current Text: Amended: 6/21/2017   Text
Summary: Would impose various requirements on public and private employers with regard to federal immigration agency immigration worksite enforcement actions. Except as otherwise required by federal law, the bill would prohibit an employer from providing a federal immigration enforcement agent access to nonpublic areas of a place of labor without a warrant and, except as otherwise provided by federal law, would prohibit an employer from providing voluntary access to a federal government immigration enforcement agent to the employer’s employee records without a subpoena.
SB 54 (De León D)   Law enforcement: sharing data.
Current Text: Amended: 7/10/2017   Text
Summary: Current law provides that when there is reason to believe that a person arrested for a violation of specified controlled substance provisions may not be a citizen of the United States, the arresting agency shall notify the appropriate agency of the United States having charge of deportation matters. This bill would repeal those provisions.

  Labor Relations


AB 52 (Cooper D)   Public employees: orientation and informational programs: exclusive representatives.
Current Text: Introduced: 12/5/2016   Text
Summary: Current law, including the Meyers-Milias-Brown Act, the Ralph C. Dills Act, the Trial Court Employment Protection and Governance Act, the Trial Court Interpreter Employment and Labor Relations Act, and the Los Angeles County Metropolitan Transportation Authority Transit Employer-Employee Relations Act, as well as provisions commonly referred to as the Educational Employment Relations Act and the Higher Education Employer-Employee Relations Act, regulates the labor relations of the state, the courts, and specified local public agencies and their employees. This bill would require the public employers regulated by the acts described above to provide all employees an orientation. The bill would also require these public employers to permit the exclusive representative, if applicable, to participate.
AB 1174 (Harper R)   Right to work: labor organizations.
Current Text: Introduced: 2/17/2017   Text
Summary: Would, commencing January 1, 2018, prohibit a person from requiring an employee, as a condition of obtaining or continuing employment, to contribute financial support to a labor organization or financially support a charity or other organization sponsored by, or at the behest of, a labor organization. This bill would permit an employee or potential employee to seek injunctive relief or monetary damages, or both, for violations or threatened violations of these provisions. This bill would exempt specified employers and employees covered by federal law and would exempt circumstances that would be preempted by federal law from these provisions.

  Practice of Law


SB 316 (Wieckowski D)   Attorneys: pro bono legal services.
Current Text: Amended: 6/22/2017   Text
Summary: The State Bar Act provides that it has been the tradition of those learned in the law and licensed to practice law in this state to provide voluntary pro bono legal services to those who cannot afford the help of a lawyer and further provides that every lawyer authorized and privileged to practice law in California is expected to make a contribution, whether by directly providing pro bono legal services or, if that is not feasible, by providing financial support to organizations providing free legal services to persons of limited means, as specified. This bill, with respect to the expectation of every lawyer authorized and privileged to practice law in California to make a contribution as specified, instead would provide that those lawyers are strongly encouraged to fulfill their individual pro bono ethical commitments to make a contribution of both 50 hours of pro bono legal services, as defined, and financial contributions to legal aid organizations, as defined.

  Public Employment


AB 31 (Rodriguez D)   Whistleblowers: California State Auditor.
Current Text: Amended: 6/5/2017   Text
Summary: Would require the California State Auditor to create the means for employees of the California State Auditor’s Office to submit confidential allegations of improper governmental activity engaged or participated in by employees of the office to an independent investigator. The bill would define “improper governmental activity” and “independent investigator” for its purposes. The bill would require the independent investigator to conduct investigations in a manner consistent with provisions of the California Whistleblower Protection Act relating to other state civil service employees.
AB 52 (Cooper D)   Public employees: orientation and informational programs: exclusive representatives.
Current Text: Introduced: 12/5/2016   Text
Summary: Current law, including the Meyers-Milias-Brown Act, the Ralph C. Dills Act, the Trial Court Employment Protection and Governance Act, the Trial Court Interpreter Employment and Labor Relations Act, and the Los Angeles County Metropolitan Transportation Authority Transit Employer-Employee Relations Act, as well as provisions commonly referred to as the Educational Employment Relations Act and the Higher Education Employer-Employee Relations Act, regulates the labor relations of the state, the courts, and specified local public agencies and their employees. This bill would require the public employers regulated by the acts described above to provide all employees an orientation. The bill would also require these public employers to permit the exclusive representative, if applicable, to participate.
AB 621 (Bocanegra D)   Classified employees: Classified School Employees Summer Furlough Fund.
Current Text: Amended: 6/19/2017   Text
Summary: Current law authorizes the governing board of any school district not paying the annual or monthly salaries of persons employed by the school district in 12 equal monthly payments to withhold, upon election by the individual employee, a designated amount from each payment made to that employee. This bill, notwithstanding the existing law referenced above, commencing with the 2018–19 school year, would authorize certain classified employees of school districts that do not pay the annual or monthly salaries of their classified employees in 12 equal monthly payments to participate in the Classified School Employees Summer Furlough Fund.
AB 1309 (Cooley D)   Employment without reinstatement: failure to enroll or report: fee.
Current Text: Introduced: 2/17/2017   Text
Summary: Would authorize the Board of Administration of the Public Employees’ Retirement System to assess an employer that fails to enroll, solely for the administrative recordkeeping purposes of the system, a retired member employed without reinstatement within 30 days after the effective date of hire, or that fails to report the pay rate and number of hours worked by the retired member within 30 days of the last day of the pay period in which the retired member worked, a $200 fee per month, as specified. The bill would prohibit an employer from passing those fees on to an employee.
AB 1603 (Ridley-Thomas D)   Meyers-Milias-Brown Act: local public agencies.
Current Text: Introduced: 2/17/2017   Text
Summary: The MMBA rules and regulations may include exclusive recognition of employee organizations formally recognized pursuant to a vote of the employees of the agency or an appropriate unit thereof, subject to the right of an employee to represent himself or herself. This bill instead would specify that those rules and regulations may provide for exclusive recognition of employee organizations formally recognized pursuant to a vote of the employees of the agency or an appropriate unit thereof, subject to the employee’s right to represent himself or herself, and provided that an otherwise appropriate unit of a public agency and one or more joint employers do not require the agency or joint employer’s consent.

  Retirement and Benefits


SB 571 (Pan D)   Public employee retirement plans: automatic enrollment and escalation.
Current Text: Introduced: 2/17/2017   Text
Summary: Would authorize a state or local public employer participating in an employee supplemental retirement savings plan, defined to include specified deferred compensation plans and payroll deduction individual retirement account plans, to make a deduction from the wages or compensation of an employee for contributions attributable to automatic enrollment and automatic escalation in the employee retirement plan.
SB 581 (De León D)   Cal-COBRA: disclosures.
Current Text: Introduced: 2/17/2017   Text
Summary: Current law requires a group benefit plan that is subject to Cal-COBRA to make specified disclosures to covered employees, including that a covered employee who is considering declining continuation of coverage should be aware that companies selling individual health insurance may require a review of the employee’s medical history that could result in a higher premium or denial of coverage. This bill would eliminate the disclosure requirement described above.
SB 783 (Pan D)   State employment: unused leave buy-back.
Current Text: Introduced: 2/17/2017   Text
Summary: Would authorize an employee designated as supervisory, confidential, excluded, or managerial to elect to be paid at his or her regular rate of pay for up to 80 hours of unused leave credit, as defined, upon a determination by the Department of Human Resources to offer an annual buy-back of this credit. The bill would require the department to determine the date of eligibility and conditions of buy-back and the period during which an application for buy-back will be accepted.

  Wage and Hour


AB 5 (Gonzalez)   Employers: Opportunity to Work Act.
Current Text: Introduced: 12/5/2016   Text
Summary: Would create the Opportunity to Work Act. The bill would require an employer with 10 or more employees to offer additional hours of work to an existing nonexempt employee before hiring an additional employee or subcontractor, except as specified, would require an employer to post a notice of employee rights, as specified, and would require the employer to maintain certain documentation. The bill would authorize an employee to file a complaint for violation of these provisions with the division and to, in the alternative, bring a civil action for remedies under the act.
AB 46 (Cooper D)   Employers: wage discrimination.
Current Text: Introduced: 12/5/2016   Text
Summary: Under current law, an employer or other person who violates or causes a violation of that prohibition, or who reduces the wages of any employee in order to comply with that prohibition, is guilty of a misdemeanor. This bill would define “employer” for those purposes to include public and private employers. The bill would specify that a public employer is not subject to the misdemeanor provision.
AB 168 (Eggman D)   Employers: salary information.
Current Text: Amended: 6/6/2017   Text
Summary: Would prohibit an employer from seeking salary history information about an applicant for employment and would require an employer, upon reasonable request, to provide the pay scale for a position to an applicant for employment. The bill would apply to all employers, including state and local government employers and the Legislature. The bill would specify that a violation of its provisions would not be subject to the misdemeanor provision.
AB 263 (Rodriguez D)   Emergency medical services workers: rights and working conditions.
Current Text: Amended: 6/21/2017   Text
Summary: Would require an employer that provides emergency medical services as part of an emergency medical services system or plan to authorize and permit its employees engaged in prehospital emergency services to take prescribed rest periods, including specifying grounds for interruption of a rest period and compensation for an interrupted rest period. The bill also would require the employer to provide these employees with prescribed meal periods, including specifying grounds for interruption of a meal period and compensation for an interrupted meal period.
AB 281 (Salas D)   Labor Code Private Attorneys General Act of 2004: right to cure.
Current Text: Amended: 4/26/2017   Text
Summary: The Labor Code Private Attorneys General Act of 2004 authorizes an aggrieved employee who complies with specified notice and filing requirements to bring a civil action to recover specified civil penalties that would otherwise be assessed and collected by the Labor and Workforce Development Agency (agency). The act provides an employer a right to cure violations under the act, except for certain specified violations, including health and safety violations, before the aggrieved employee may bring a civil action. This bill would extend the period of time in which the employer may cure the violation from 33 to 65 calendar days.
AB 387 (Thurmond D)   Minimum wage: health professionals: interns.
Current Text: Amended: 5/30/2017   Text
Summary: Current law requires the minimum wage for all industries to not be less than specified amounts to be increased from January 1, 2017, to January 1, 2022, inclusive, for employers employing 26 or more employees and from January 1, 2018, to January 1, 2023, inclusive, for employers employing 25 or fewer employees, except when the scheduled increases are temporarily suspended by the Governor, based on certain determinations. Current law defines an employer for purposes of those provisions. This bill would expand the definition of “employer” for purposes of these provisions to include a person who directly or indirectly, or through an agent or any other person, employs or exercises control over the wages, hours, or working conditions of a person engaged in a period of supervised work experience longer than 100 hours to satisfy requirements for licensure, registration, or certification as an allied health professional, as defined.
AB 543 (Chen R)   Employment: resident apartment manager wages.
Current Text: Amended: 4/5/2017   Text
Summary: Current law provides that an employer is not in violation of specified orders of the Industrial Welfare Commission if he or she charges, pursuant to a voluntary written agreement, a resident apartment manager up to 2/3 of the fair market rental value of the apartment supplied to the manager, if the rental value is not applied to satisfy the employer’s minimum wage obligation to the manager. This bill would extend the exemption from those orders of the Industrial Welfare Commission to an employer who does not charge the resident apartment manager any rent and, pursuant to a voluntary written agreement, applies up ½ of the fair market rental value of the apartment to meet his or her minimum wage obligations to the manager.
AB 817 (Flora R)   Compensation: rest or recovery periods.
Current Text: Amended: 3/23/2017   Text
Summary: Would permit an employer providing emergency medical services to the public to require employees to monitor and respond to pagers, radios, station alert boxes, intercoms, cell phones, or other communication methods during rest or recovery periods without penalty, to provide for the public health and welfare. The bill would require mandated rest or recovery periods interrupted for emergency response purposes to be rescheduled. The bill would state that it is declaratory of existing law.
AB 945 (Melendez R)   Private Attorneys General Act of 2004.
Current Text: Introduced: 2/16/2017   Text
Summary: The Labor Code Private Attorneys General Act of 2004 authorizes an aggrieved employee who complies with certain notice and filing requirements, to bring a civil action to recover specified civil penalties. Current law provides that the court and the Labor and Workforce Development Agency review and approve any penalties sought as part of a proposed settlement of a claim. Current law until January 1, 2021, authorizes the agency to extend the time to complete its investigation by 60 days when the agency determines an extension is necessary and issues a notice, as specified. This bill would make nonsubstantive changes to these provisions
AB 1028 (Bocanegra D)   Workers’ compensation.
Current Text: Amended: 6/19/2017   Text
Summary: Current law designates illnesses and conditions that constitute a compensable injury for various employees, such as members of the Department of the California Highway Patrol, firefighters, and certain peace officers. This bill would expand the coverage of the workers’ compensation provisions relating to specified compensable injuries to include peace officers employed by the police department of a school district. The bill would also make technical and clarifying changes. The bill would state the intent of the Legislature regarding those provisions.
AB 1045 (Flora R)   Private Attorneys General Act of 2004.
Current Text: Introduced: 2/16/2017   Text
Summary: The Private Attorneys General Act of 2004 authorizes an aggrieved employee on behalf of himself or herself and other current or former employees to bring a civil action, under specified circumstances, to enforce provisions of the Labor Code that provide for a penalty to be assessed and collected by the Labor and Workforce Development Agency. Current law provides that civil penalties assessed against an employer as the result of the civil action are allocated 75% to the Labor and Workforce Development Agency and 25% to the aggrieved employee. This bill would make nonsubstantive changes to these provisions.
AB 1080 (Gonzalez Fletcher D)   Public contracts: bid preferences: employee health care coverage.
Current Text: Amended: 7/3/2017   Text
Summary: Current law imposes various requirements with respect to contracting by public entities. This bill would require a state agency awarding specified contracts to provide a 5% bid preference to a bidder or subcontractor that provided credible health care coverage, as defined, to employees during the 12-month period immediately preceding submission of the bid. The bill would require a bidder and its subcontractors to submit claim statements, on a form developed by the Department of General Services with the Department of Industrial Relations, certifying that the bidder and all of the listed subcontractors qualify for the bid preference.
AB 1099 (Gonzalez Fletcher D)   Compensation: gratuities.
Current Text: Amended: 5/30/2017   Text
Summary: Would also require an entity, as defined, that permits a patron to pay for services performed by a worker by debit or credit card to also accept a debit or credit card for payment of gratuity. The bill would require payment of a gratuity made by a patron using a debit or credit card to be made to the worker not later than the next regular payday following the date the patron authorized the debit or credit card payment. Because a violation of these provisions would be a crime, this bill would impose a state-mandated local program.
AB 1173 (Harper R)   Employment: work hours: holiday season: overtime.
Current Text: Introduced: 2/17/2017   Text
Summary: Would establish an overtime exemption for an employee-selected holiday season flexible work schedule. The exemption would allow during the holiday season, as defined, at the request of an individual nonexempt employee working in the retail industry, and upon employer approval, an employee-selected flexible work schedule providing for workdays up to 10 hours per day within a 40-hour workweek. The employer would be obligated to pay overtime based on the employee’s regular rate of pay, as prescribed, for all hours worked over 40 hours in a workweek or over 10 hours in a workday, whichever is greater.
AB 1209 (Gonzalez Fletcher D)   Employers: gender pay differentials.
Current Text: Amended: 7/5/2017   Text
Summary: Would require, on and after July 1, 2019, and annually thereafter, that an employer that is required to file a statement of information with the Secretary of State and that has 500 or more employees to in California collect specified information on gender pay differentials. The bill would require the employer to submit the information annually to the Secretary of State as specified. The bill would require the Secretary of State to publish the information described above on an Internet Web site available to the public upon the occurrence of 2 specified events.
AB 1241 (Flora R)   Employment: work hours.
Current Text: Introduced: 2/17/2017   Text
Summary: Current law, with certain exceptions, establishes 8 hours as a day’s work and a 40-hour workweek, and requires payment of prescribed overtime compensation for additional hours worked. This bill would make nonsubstantive changes to that provision.
AB 1388 (Chen R)   Employers: wage discrimination.
Current Text: Introduced: 2/17/2017   Text
Summary: Current law prohibits an employer from paying any of its employees at wage rates less than the rates paid to employees of the opposite sex for substantially similar work, when viewed as a composite of skill, effort, and responsibility, and performed under similar working conditions, unless the employer demonstrates that one or more specific factors, reasonably applied, account for the entire wage differential. Current law also similarly prohibits an employer from paying any of its employees at wage rates less than the rates paid to employees of another race or ethnicity for substantially similar work. This bill would make a nonsubstantive change to those provisions.
AB 1429 (Fong R)   Labor Code Private Attorneys General Act of 2004.
Current Text: Amended: 3/22/2017   Text
Summary: This bill would limit the violations for which an aggrieved employee is authorized to bring a civil action under the Private Attorneys General Act of 2004 and would require the employee to follow specified procedures before bringing an action. The bill would cap the civil penalties recoverable under these provisions at $10,000 per claimant and would exclude the recovery of filing fees by a successful claimant. The bill would require the superior court to review any penalties sought as part of a settlement agreement under these provisions.
AB 1430 (Fong R)   Labor Code Private Attorneys General Act of 2004.
Current Text: Introduced: 2/17/2017   Text
Summary: Under the Labor Code Private Attorneys General Act of 2004, an employee is authorized to bring an action for an alleged violation after the agency notifies the employer and the aggrieved employee or representative that it does not intend to investigate the alleged violation, if the agency proceeds with an investigation and no citation is issued, or the agency fails to provide notification as prescribed. This bill would revise those procedural provisions to require the agency, after receiving notification of an alleged violation, to investigate the alleged violation and either issue a citation or determine if there is a reasonable basis for a civil action.
AB 1565 (Thurmond D)   Work hours: overtime compensation: executive, administrative, or professional employees.
Current Text: Amended: 5/22/2017   Text
Summary: Current law, with certain exceptions, establishes 8 hours as a day’s work and a 40-hour workweek, and requires payment of prescribed overtime compensation for additional hours worked. Current law authorizes the Industrial Welfare Commission to establish exemptions from overtime pay requirements for certain executive, administrative, and professional employees, as prescribed. This bill would exempt from overtime compensation an executive, administrative, or professional employee, if the employee earns a monthly salary equivalent to either $3,956 or an amount no less than twice the state minimum wage for full-time employment, as defined, whichever amount is higher.
AB 1701 (Thurmond D)   Labor-related liabilities: original contractor.
Current Text: Amended: 7/10/2017   Text
Summary: Would require a direct contractor, as defined, making or taking a contract in the state for the erection, construction, alteration, or repair of a building, structure, or other work, to assume, and be liable for, specified debt owed to a wage claimant that is incurred by a subcontractor, at any tier, acting under, by, or for the direct contractor for the wage claimant’s performance of labor included in the subject of the original contract. The bill would authorize the Labor Commissioner to bring an action under specified statutes or in a civil action to enforce this liability, as provided.
SB 16 (Wieckowski D)   Wage garnishment restrictions: exempt earnings: student loans.
Current Text: Introduced: 12/5/2016   Text
Summary: Would establish a reduced maximum amount of disposable earnings of an individual judgment debtor subject to levy under an earnings withholding order for a judgment based in whole or in part on a claim for debt on a student loan that is not made, insured, or guaranteed by the United States Government pursuant to the Federal Family Education Loan Program or the William D. Ford Federal Direct Loan Program. This bill contains other existing laws.
SB 49 (De León D)   California Environmental, Public Health, and Workers Defense Act of 2017.
Current Text: Amended: 5/26/2017   Text
Summary: The Porter-Cologne Water Quality Control Act regulates the discharge of pollutants into the waters of the state. The California Safe Drinking Water Act establishes standards for drinking water and regulates drinking water systems. The California Endangered Species Act requires the Fish and Game Commission to establish a list of endangered species and a list of threatened species and generally prohibits the taking of those species. The Protect California Air Act of 2003 prohibits air quality management districts and air pollution control districts from amending or revising their new source review rules or regulations to be less stringent than those rules or regulations that existed on December 30, 2002. This bill would prohibit state or local agencies from amending or revising their rules and regulations implementing the above state laws to be less stringent than the baseline federal standards, as defined, and would require specified agencies to take prescribed actions to maintain and enforce certain requirements and standards pertaining to air, water, and protected species.
SB 306 (Hertzberg D)   Retaliation actions: complaints: administrative review.
Current Text: Amended: 6/28/2017   Text
Summary: Current law requires a discrimination complaint investigator to investigate, and submit a report on, each complaint to the Labor Commissioner; authorizes the commissioner to designate specified officers to review the report; and authorizes the commissioner to hold an investigative hearing on the report if, after reviewing the report, the commissioner determines that a hearing is necessary. This bill would authorize the Division of Labor Standards Enforcement to commence an investigation of an employer, with or without a complaint being filed, when specified retaliation or discrimination is suspected during the course of a wage claim or other specified investigation being conducted by the Labor Commissioner.
SB 391 (Vidak R)   Employment: workers’ compensation and piece-rate compensation.
Current Text: Introduced: 2/15/2017   Text
Summary: Would require the Labor Commissioner to post each month on the commissioner’s Internet Web site information regarding payments made to the commissioner described above, the total number of employees located for whom the Labor Commissioner has collected payments and the total amount remitted to those employees, and the balance remaining from the amounts paid to the commissioner after remitting payments to employees. This bill contains other related provisions and other existing laws.
SB 482 (Stone R)   Domestic work employees.
Current Text: Introduced: 2/16/2017   Text
Summary: Would authorize a domestic work employee who is a live-in employee or who is required to be on duty for 24 or more consecutive hours to enter into a written agreement with the domestic work employer to exclude from hours worked a bona fide regularly scheduled sleeping period of not more than 8 hours for uninterrupted sleep, if specified conditions are met. If the sleeping period is interrupted by an emergency, only time spent working during the emergency would constitute hours worked. Absent a written agreement, the 8 hours available for sleep would constitute hours worked.
SB 490 (Bradford D)   Wages: Barbering and Cosmetology Act: licensees.
Current Text: Amended: 3/20/2017   Text
Summary: Would require commission wages paid to any employee who is licensed under the Barbering and Cosmetology Act to be due and payable at least twice during each calendar month on a day designated in advance by the employer as the regular payday and authorizes the employee and employer to agree to a commission in addition to the base hourly rate. This bill contains other existing laws.
SB 491 (Bradford D)   Civil rights: discrimination: enforcement.
Current Text: Amended: 7/6/2017   Text
Summary: The California Fair Employment and Housing Act prohibits discrimination in housing and employment on specified bases and provides procedures for enforcement by the Department of Fair Employment and Housing (department). Current law specifies that while it is the intent of the Legislature that the California Fair Employment and Housing Act occupy the field of regulation of discrimination in employment and housing, nothing in the act shall be construed to limit or restrict the application of the Unruh Civil Rights Act. This bill would provide that a local government entity is permitted under the California Fair Employment and Housing Act to refer a person alleging discrimination to the department and to provide the person with relevant information and resources, as appropriate.
SB 524 (Vidak R)   Employment: violations: good faith defense.
Current Text: Introduced: 2/16/2017   Text
Summary: Under current law, an employer may face administrative sanctions, civil fines and penalties, and criminal penalties for violations of employment statutes or regulations. This bill would permit a person to raise as an affirmative defense that, at the time of an alleged violation of statute or regulation in a judicial or administrative proceeding, the person was acting in good faith, had sought, relied upon, and conformed with a published opinion letter or enforcement policy of the division, and had provided true and correct information to the division in seeking the opinion letter or enforcement policy.
SB 556 (Nguyen R)   Employees: regulation and supervision.
Current Text: Introduced: 2/16/2017   Text
Summary: Current law regulates the wages, hours, and working conditions of employees with specified exceptions. Under current law, these provisions apply to and include men, women, and minors employed in any occupation, trade, or industry, except as provided.This bill would make nonsubstantive changes to these provisions.
SB 574 (Lara D)   University of California: contracts: bidding.
Current Text: Introduced: 2/17/2017   Text
Summary: Current law requires the regents, except as provided, to let all contracts involving an expenditure of $100,000 or more annually for goods and materials or services, excepting personal or professional services, to the lowest responsible bidder meeting certain specifications, or to reject all bids. This bill, beginning January 1, 2019, would, for these purposes, require contracts for services involving an expenditure of $100,000 or more annually to include any renewals or extensions of the contract that would result in an expenditure of $100,000 or more annually.
SB 593 (Roth D)   Employment.
Current Text: Introduced: 2/17/2017   Text
Summary: Current law establishes the Department of Industrial Relations in the Labor and Workforce Development Agency and specifies that certain provisions relating to departments of the state govern and apply to the conduct of the department.This bill would make a nonsubstantive change to that provision.
SB 621 (Bradford D)   Overtime compensation: private school teachers.
Current Text: Enrolled: 7/10/2017   Text
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. This bill would specify that the existing standards apply to full-time employees and would prescribe a revised earnings standard for exemption from overtime provisions for part-time employees that would require a part-time employee earn the proportional amount of a full-time salary that is equal to the proportion of the full-time instructional schedule for which the part-time employee is employed.
SB 662 (Berryhill R)   Employment: work hours.
Current Text: Introduced: 2/17/2017   Text
Summary: Current law, with certain exceptions, establishes 8 hours as a day’s work and a 40-hour workweek, and requires payment of prescribed overtime compensation for additional hours worked. This bill would make nonsubstantive changes to that provision.
SB 753 (Stone R)   Employment: meal periods.
Current Text: Introduced: 2/17/2017   Text
Summary: Current law requires an employer to provide an employee with one meal period during a work period of more than 5 hours and 2 meal periods during a work period of 10 hours, subject to certain exceptions.This bill would make nonsubstantive changes to these provisions.

  Whistleblower


AB 31 (Rodriguez D)   Whistleblowers: California State Auditor.
Current Text: Amended: 6/5/2017   Text
Summary: Would require the California State Auditor to create the means for employees of the California State Auditor’s Office to submit confidential allegations of improper governmental activity engaged or participated in by employees of the office to an independent investigator. The bill would define “improper governmental activity” and “independent investigator” for its purposes. The bill would require the independent investigator to conduct investigations in a manner consistent with provisions of the California Whistleblower Protection Act relating to other state civil service employees.
AB 1102 (Rodriguez D)   Health facilities: whistleblower protections.
Current Text: Amended: 4/20/2017   Text
Summary: Current law prohibits a health facility from discriminating or retaliating against a patient, employee, member of the medical staff, or any other health care worker of the health facility because that person has presented a grievance, complaint, or report to the facility, as specified, or has initiated, participated, or cooperated in an investigation or administrative proceeding related to the quality of care, services, or conditions at the facility, as specified. Existing law makes a person who willfully violates those provisions guilty of a misdemeanor punishable by a fine of not more than $20,000 and makes a violation of those provisions subject to a civil penalty. This bill would increase the maximum fine for a misdemeanor violation of these provisions to $75,000.
SB 51 (Jackson D)   Professional licensees: environmental sciences and climate change: whistleblower and data protection.
Current Text: Amended: 7/3/2017   Text
Summary: Current law provides for the licensure and regulation of various professions and vocations by certain entities within state government. Current law establishes various grounds upon which these entities may take disciplinary action against a licensee to suspend or revoke a license. This bill would prohibit these licensing entities, except the State Bar of California, from taking disciplinary action, including suspension, loss of credential, registration, or other professional privilege, against a public employee, as defined to include those persons working in the environmental sciences and climate-change-related fields who are conducting scientific or technical research, in connection with actions taken by that person to report improper federal governmental activity or disclose the results of or information about scientific or technical research to the public by means that include, but are not limited to, publishing the information in a scientific or a public forum or sharing it with the media.

  Workers Comp


AB 206 (Gonzalez Fletcher D)   Workers’ compensation: employees.
Current Text: Introduced: 1/23/2017   Text
Summary: Current law defines an employee, for purposes of the laws governing workers’ compensation, to include, among other persons, any person employed by the owner or occupant of a residential dwelling whose duties are incidental to the ownership, maintenance, or use of the dwelling, including the care and supervision of children, or whose duties are personal and not in the course of the trade, business, profession, or occupation of the owner or occupant, except as specified. This bill would specify that the above definition of employee applies without regard to immigration status.
AB 373 (Melendez R)   Workers’ compensation.
Current Text: Introduced: 2/9/2017   Text
Summary: Current law prohibits any person, firm, or corporation, other than an insurer admitted to transact workers’ compensation insurance, from contracting to administer claims of self-insured employers as third-party administrators unless they are in possession of a certificate of consent to administer self-insured employers’ workers’ compensation claims.This bill would make technical, nonsubstantive changes to the those provisions.
AB 553 (Daly D)   Workers’ compensation: return-to-work program.
Current Text: Amended: 4/24/2017   Text
Summary: Current law funds the return-to-work program with $120,000,000 per year derived from the Workers’ Compensation Administration Revolving Fund. Current law requires the Director of the Division of Workers’ Compensation to determine eligibility for payments and the amount of payments, as specified. This bill would require the director to have the program distribute the $120,000,000 annually to eligible workers, as specified, and would require, commencing with the end of the 2017 calendar year, that any remaining program funds available after the above-described supplemental payments are made be distributed pro rata to those eligible workers, subject to a $25,000 limit per calendar year.
AB 570 (Gonzalez Fletcher D)   Workers’ compensation: permanent disability apportionment.
Current Text: Introduced: 2/14/2017   Text
Summary: Current law requires apportionment of permanent disability to be based on causation, and a physician who prepares a report addressing the issue of permanent disability due to a claimed industrial injury is required to address the issue of causation of the permanent disability. Current law requires the physician to make an apportionment determination by finding the approximate percentage of the permanent disability that was caused by the direct result of injury arising out of and occurring in the course of employment, and the approximate percentage of the permanent disability that was caused by other factors both before and subsequent to the industrial injury, including prior industrial injuries. This bill would prohibit apportionment, in the case of a physical injury occurring on or after January 1, 2018, from being based on pregnancy, childbirth, or other medical conditions related to pregnancy or childbirth.
AB 680 (McCarty D)   Workers’ compensation: studies.
Current Text: Introduced: 2/15/2017   Text
Summary: Current law establishes a workers’ compensation system. Current law authorizes the commission to conduct a continuing examination of the workers’ compensation system. Current law authorizes the commission to conduct or contract for studies it deems necessary to carry out its responsibilities. This bill would prohibit a study that is conducted or contracted for by the commission from being funded or commenced prior to a public hearing on the purpose and design of the study, the sources from which the required data will be obtained, and the proposed researcher or entity.