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Labor

By Matthew Sanderson | Jan. 10, 2018

Jan. 10, 2018

Labor

• AB 44 (Reyes) Requires employers to provide nurse case manager services to employees who are injured as a result of an act of domestic terrorism.

An act to add Section 4600.05 to the Labor Code, relating to workers’ compensation.

• AB 46 (Cooper) This bill expands the California Equal Pay Act to public sector employers.

An act to amend Section 1197.5 of the Labor Code, relating to employment.

• AB 168 (Eggman) Prohibits all employers, including the Legislature, the state, and local governments, from seeking salary history information about an applicant for employment and requires an employer to provide the pay scale for a position to an applicant upon reasonable request, among other things.

An act to add Section 432.3 to the Labor Code, relating to employers.

• AB 199 (Chu) Requires private residential projects built on private property, paid for in whole or in part out of public funds, and built pursuant to an agreement with a successor agency to a redevelopment agency when acting in that capacity to meet the requirements of public works, including the payment of prevailing wages.

An act to amend Section 1720 of the Labor Code, relating to public works.

• AB 450 (Chiu) Prohibits an employer from providing access to a federal government immigration enforcement agent to any non-public areas of a place of labor if the agent does not have a warrant.

An act to add Sections 7285.1, 7285.2, and 7285.3 to the Government Code, and to add Sections 90.2 and 1019.2 to the Labor Code, relating to employment regulation.

• AB 581 (McCarty) This bill classifies any apprenticeship training program, that is unable to demonstrate properly how grant funds were used or any program found misusing grant funds, as ineligible to receive any future grants from the California Apprenticeship Council. This bill also requires that these apprenticeship programs keep adequate records for the Division of Apprenticeship Standards (DAS) to verify that grant funds were used solely for training purposes and gives DAS the power to rescind the registration of the violating apprenticeship program.

An act to amend Section 1777.5 of the Labor Code, relating to apprenticeships.

• AB 1066 (Aguiar-Curry) Expands the meaning of the term public works to include tree removal work done in the execution of a project, as defined.

An act to amend Section 1720 of the Labor Code, relating to public works.

• AB 1111 (Eduardo Garcia) Establishes the Breaking Barriers to Employment Initiative for the purpose of assisting individuals who have multiple barriers to employment to receive the remedial education and work readiness skills to help them to successfully participate in training, apprenticeship, or employment opportunities that will lead to self-sufficiency and economic stability.

An act to add Article 3 (commencing with Section 14030) to Chapter 3 of Division 7 of the Unemployment Insurance Code, relating to workforce development.

• AB 1336 (Mullin) This bill tasks the California Workforce Development Board (CWDB) with determining approaches to measure the labor market impact of relevant workforce development programs, provided that the approach methodologies are statistically rigorous, while also authorizing the CWDB or its designee to receive associated data from designated partners to collect and report participating program outcomes.

An act to amend Section 14013 of the Unemployment Insurance Code, relating to workforce development.

• AB 1422 (Daly) Clarifies the duration of a “stay” on litigating liens filed by a provider charged criminally with workers’ compensation fraud.

An act to amend Sections 139.21, 4603.2, and 4615 of the Labor Code, relating to workers’ compensation insurance.

• AB 1556 (Mark Stone) Updates the Fair Employment and Housing Act (FEHA) to use gender inclusive references to individuals, thereby clarifying that all Californians are protected against discrimination, including pregnancy discrimination, regardless of their gender identity.

An act to amend Sections 12904, 12905, 12926, 12930, 12932, 12940, 12940.1, 12942, 12943, 12945, 12945.2, 12956.2, 12960, 12962, 12965, 12980, and 12986 of the Government Code, relating to employment.

• AB 1695 (Committee on Insurance) This bill makes a number of minor, technical changes to clean-up the Unemployment Insurance Code (UIC) and make sure that provisions are accurate and current.

An act to amend Sections 329, 687.2, 802, 823, 1145, 2101.6, 13002, 13009, 13052.5 of, and to repeal Sections 938.1 and 1118 of, the Unemployment Insurance Code, relating to unemployment insurance.

• AB 1701 (Thurmond) Holds general contractors and subcontractors jointly liable for unpaid wages, including fringe benefits.

An act to add Section 218.7 to the Labor Code, relating to employment.

• SB 28 (Pan) Provides legislative ratification of the six memoranda of understanding (MOUs) agreed to by the state and 14 bargaining units (BUs): 1) BUs 1, 3, 4, 11, 14, 15, 17, 20 and 21, represented by the Service Employees International Union (SEIU) Local 1000 with an agreement reached on 12/13/16. a) BU 1 - Professional Administrative, Financial, and Staff Services; b) BU 3 - Professional Educators and Librarians; c) BU 4 - Office and Allied; d) BU 11 - Engineering and Scientific Technicians; e) BU 14 - Printing and Allied Trades; f) BU 15 - Allied Services; g) BU 17 - Registered Nurses; h) BU 20 - Medical and Social Services; and i) BU 21 - Educational Consultant and Library. 1) BU 8, Firefighters, represented by California Department of Forestry and Fire Protection Firefighters (CALFIRE) Local 2881 with an agreement reached on 12/23/16. 2) BU 12, Craft and Maintenance, represented by International Union of Operating Engineers (IUOE) with an agreement reached on 12/13/16. 3) BU 13, Stationary Engineers, represented by International Union of Operating Engineers (IUOE) with an agreement reached on 10/18/16. 4) BU 18, Psychiatric Technicians, represented by California Association of Psychiatric Technicians (CAPT) with an agreement reached on 12/8/16. 5) BU 19, Health and Social Services/Professional, represented by American Federation of State, County, and Municipal Employees (AFSCME) with an agreement reached on 12/16/16.

An act to amend Sections 19829.9845, 19829.9846, 22871.3, 22874.3, 22879, 22944.5, and 22958.1 of, and to add Sections 19829.9847 and 19829.9848 to, the Government Code, relating to state public employment, and making an appropriation therefor, to take effect immediately, bill related to the budget.

• SB 47 (Committee on Budget and Fiscal Review) Makes adjustments to the 2016 Budget Act for items relating to employee compensation.

An act to amend the Budget Act of 2016 (Chapter 23 of the Statutes of 2016) by amending Items 9800-001-0001, 9800-001-0494, and 9800-001-0988 of Section 2.00 of, and amending Section 39.00 of, that act, relating to the state budget, and making an appropriation therefor, to take effect immediately, budget bill.

• SB 48 (Committee on Budget and Fiscal Review) Makes statutory and technical changes to implement the Budget Act of 2016 related to future retiree health and dental benefits for new employees in Bargaining Units (BUs) 1 (administrative, financial and staff services), 3 (professional educators and librarians), 4 (office and allied), 11 (engineering and scientific technicians), 14 (printing trades), 15 (allied services), 17 (registered nurses), 20 (medical and social services), and 21 (education consultants and library employees).

An act to amend Sections 22871.3, 22874.3, 22879, and 22958.1 of the Government Code, relating to state public employee benefits, and making an appropriation therefor, to take effect immediately, bill related to the budget.

• SB 63 (Jackson) This bill makes it an unlawful employment practice for an employer, of 20 or more employees, to refuse to allow an eligible employee to take up to 12 weeks of job protected parental leave to bond with a new child within one year of the child’s birth, adoption or foster care placement. This bill also prohibits an employer from refusing to maintain and pay for the employee’s continued group health coverage during the duration of the leave.

An act to add, repeal, and add Section 12945.6 of the Government Code, relating to employment.

• SB 84 (Committee on Budget and Fiscal Review) This bill makes various statutory changes necessary to implement debt payment-related provisions of the Budget Act of 2017.

An act to amend Sections 16475 and 16480.6 of, and to add Section 20825 to, the Government Code, relating to state employees’ retirement, and making an appropriation therefor, to take effect immediately, bill related to the budget.

• SB 131 (Committee on Budget and Fiscal Review) Provides legislative ratification of the memoranda of understanding (MOUs) agreed to by the state and Bargaining Unit (BUs) 16 – Physicians, Dentists and Podiatrists represented by Union of American Physicians and Dentists (UAPD).

An act to amend Sections 19829.9845, 19829.9846, 19829.9847, 22871.3, 22879, and 22944.5 of, and to add Sections 20683.4, 20683.5, 22874.5, and 22958.1.5 to, the Government Code, relating to state public employment, and making an appropriation therefor, to take effect immediately, bill related to the budget.

• SB 189 (Bradford) This bill lowers the ownership threshold for waiving workers’ compensation coverage from 15% to 10%, and also creates specific waiving provisions for professional corporations, worker-owned cooperatives, and closelyheld family businesses.

An act to amend Sections 3364, 3706.5, and 4156 of, and to amend, repeal, and add Sections 3351 and 3352 of, the Labor Code, relating to workers’ compensation.

• SB 201 (Skinner) Amends the Higher Education Employer-Employee Relations Act (HEERA) to provide collective bargaining rights to student employees at the University of California (UC), California State University (CSU), and Hastings College of Law, whose employment is contingent on their status as students.

An act to amend Section 3562 of the Government Code, relating to higher education employees.

• SB 285 (Atkins) Prohibits public employers from deterring or discouraging membership by public employees in an employee organization; delegates to the Public Employment Relations Board (PERB) jurisdiction over acts in violation of these provisions; provides that the PERB’s powers and duties shall apply, and defines “employee organization,” “public employee,” and “public employer” by reference to existing statutory definitions governing public employer-employee labor relations.

An act to add Chapter 11 (commencing with Section 3550) to Division 4 of Title 1 of the Government Code, relating to public employment.

• SB 295 (Monning) This bill makes several additions to the law that governs obtaining and renewing a farm labor contractor (FLC) license.

An act to amend Section 1684 of, and to add Section 1697.5 to, the Labor Code, relating to employment.

• SB 306 (Hertzberg) This bill grants the Labor Commissioner authority to seek an immediate and temporary injunction when workers face retaliation for reporting violations of the law. This bill also gives the Labor Commissioner authority to issue citations and penalties directly to enforce retaliation claims, rather than exclusively through the courts. This bill authorizes an employee who is bringing a civil action for a retaliation claim to seek injunctive relief from the court.

An act to amend Section 98.7 of, and to add Sections 98.74, 1102.61, and 1102.62 to, the Labor Code, relating to employment.

• SB 334 (Dodd) Extends enhanced industrial disability leave to state employees who are members of Bargaining Unit 8 (i.e., CAL FIRE firefighters).

An act to amend Section 19871 of, and to add Section 19871.3 to, the Government Code, relating to disability leave.

• SB 396 (Lara) This bill requires that employers with 50 more employees include, as a part of the existing sexual harassment training, training on harassment based on gender identity and adds transgender and gender nonconforming to the list of individuals facing employment barriers for the purposes of workforce investment training.

An act to amend Sections 12950 and 12950.1 of the Government Code, and to amend Sections 14005 and 14012 of the Unemployment Insurance Code, relating to employment.

• SB 418 (Hernandez) This bill revises the existing definition of “skilled and trained workforce” to specify that on or after January 1, 2018, the 40, 50 and 60 percentage graduation rate of skilled journeypersons required for work in specified contracts shall not apply to work performed in the following occupations: acoustical installer, bricklayer, carpenter, cement mason, drywall installer or lather, marble mason, finisher, or setter, modular furniture or systems installer, operating engineer, pile driver, plasterer, roofer or waterproofer, stone mason, surveyor, teamster, terrazzo worker or finisher, and tile layer, setter, or finisher.

An act to amend Section 2601 of the Public Contract Code, relating to public contracts.

• SB 489 (Bradford) This bill extends the timeline for hospitals and emergency physicians to bill for emergency medical treatment for injured workers from 30 days to 180 days.

An act to amend Section 4610 of the Labor Code, relating to workers’ compensation.

• SB 490 (Bradford) This bill clarifies that beauty salon employees may be paid by commission if specified requirements are met.

An act to add Section 204.11 to the Labor Code, relating to employment.

• SB 525 (Pan) This bill makes various technical and conforming changes to the Public Employees’ Retirement Law (PERL).

An act to amend Sections 20026, 20042, 20138, 20636, 20636.1, 21261, 21337, 21409, 21424, 21454, 21459, 21462, 21473, 21475.5, 21476.5, 21477, 21481, 75071, 75071.5, 75571, and 75571.5 of, to add Section 20309.7 to, and to repeal Section 21228 of, the Government Code, relating to public employees’ retirement.

• SB 550 (Pan) This bill requires an employer that rejects an employee organization’s settlement offer to pay the employee organization’s reasonable attorney fees and expenses if the employer fails to obtain a judgment or reward more favorable than that provided in the settlement offer, as specified. The fee shifting procedure would not apply to unfair practice or arbitration proceedings.

An act to amend Section 3543.8 of the Government Code, relating to public school employment.

• SB 621 (Bradford) This bill clarifies that the minimum salary standard for classifying part-time private school teachers as exempt employees is in proportion of the full-time instructional schedule for which the employee is employed. This bill also makes various clarifying changes to provisions related to overtime exemptions for private school teachers.

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

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