Existing law establishes a workers' compensation system, administered by the Administrative Director of the Division of Workers' Compensation, to compensate an employee for injuries sustained in the course of employment, which, in the case of the death of an employee, includes a death benefit. Existing law governs temporary and permanent disability indemnity payments and prohibits a payment made by a written instrument unless it is immediately negotiable and payable in cash, among other things. Existing law, until January 1, 2027, allows an employer to commence a program under which disability indemnity payments are deposited in a prepaid card account for employees. This bill would extend the authorization to deposit indemnity payments in a prepaid card account indefinitely.
Existing law, the Higher Education Employer-Employee Relations Act, administered by the Public Employment Relations Board (PERB) , provides for negotiations concerning wages, hours, and other terms and conditions of employment between a higher education employer, as defined, and representatives of recognized employee organizations. Existing law grants higher education employees the right to form, join, and participate in the activities of employee organizations of their own choosing for the purpose of representation on all matters of employer-employee relations and for the purpose of meeting and conferring with their employer. Existing law authorizes an employer and an exclusive representative who enter into a written memorandum of understanding to agree to procedures for final and binding arbitration of disputes that may arise under the memorandum of understanding or between the parties. Existing law makes it unlawful for the higher education employer to, among other things, refuse or fail to meet and confer with an exclusive representative. This bill would, with respect to arbitrations over violations of a collective bargaining agreement for the contracting out of bargaining unit work, make it an unfair practice for a higher education employer to, among other things, circumvent or disregard an arbitrator's decision by extending or renewing an existing contract or entering into a new contract for the same or similar services at the same location, or violating a contract term already interpreted by an arbitrator to prohibit the employer's conduct. This bill would prohibit PERB, among other things, from deferring repeat offenses in the above-described cases to subsequent arbitration proceedings. The bill would require remedies for a violation of these provisions to include the charging party's attorney's fees and costs.
Existing law establishes the Division of Labor Standards Enforcement within the Department of Industrial Relations to administer and enforce various laws relating to employment and working conditions. This bill would require an employer to provide a written notice to a worker that a workplace AI tool, as defined, was used to assist the employer in making employment-related decisions or to surveil workers in the workplace. The bill would require the notice to be given to a worker within a specified time and would require the notice to contain specified information, including the specific employment-related decisions likely to be affected by the use of the workplace AI tool. The bill would require an employer to maintain an updated list of all workplace AI tools currently in use and their impact on jobs, as specified, and to provide the list to workers annually. The bill would provide for enforcement by the Labor Commissioner or a public prosecutor, and alternatively would authorize any worker who has suffered damages, or their exclusive representative, to file a civil action for damages caused by the adverse action. The bill would establish remedies and penalties for violations, including a penalty of up to $500 for each violation. The bill would include findings that changes proposed by this bill address a matter of statewide concern rather than a municipal affair and, therefore, apply to all cities, including charter cities.
Existing law provides for various employment programs to assist formerly incarcerated individuals in finding and retaining employment, including the Pre-Release Construction Trades Certificate Program administered by the Department of Corrections and Rehabilitation and the Prison to Employment Program administered by the California Workforce Development Board. Existing law establishes the California Workforce Development Board as the body responsible for assisting the Governor in the development, oversight, and continuous improvement of California's workforce investment system and the alignment of the education and workforce investment systems to the needs of the 21st century economy and workforce. This bill would, by January 1, 2028, require the Department of Corrections and Rehabilitation, in partnership with the Department of Industrial Relations, to establish the Preapprenticeship Pathways to Employment Pilot Program. The bill would, until January 1, 2032, provide incarcerated individuals access to preapprenticeship training in the skilled construction and building trades. The bill would require the program to provide, among other things, instruction based on the Multi-Craft Core Curriculum and content coordinated with joint apprenticeship training committees. The bill would require the Department of Corrections and Rehabilitation to implement the program at one men's facility and one women's facility. The bill would require the Department of Corrections and Rehabilitation, beginning January 1, 2029, to annually report certain data regarding participation in the program to the Legislature.
Existing law regulates the operation of ports and harbors. Existing law requires a person providing labor or services for remuneration to be considered an employee rather than an independent contractor unless the hiring entity demonstrates that certain conditions are satisfied, including that the person is free from the control and direction of the hiring entity in connection with the performance of the work, both under the contract for the performance of the work and in fact. This bill would require a trucking company, and a truck driver who is not classified as an employee by a trucking company, to provide to a port, defined to mean the Port of Long Beach or the Port of Los Angeles, certain information, including, with respect to a trucking company, a sworn affirmation by the trucking company that the trucking company is withholding all required taxes from the wages of any truck driver who is considered an employee under state law, as specified. By expanding the scope of the crime of perjury, this bill would impose a state-mandated local program. The bill would also require, beginning January 1, 2027, that information to be made publicly available by the port. The bill would require a trucking company to update a port within 30 days of a change to its operation that results in more than 50% of its employees being replaced by independent contractors and would impose a civil penalty of $5,000 for failure to do so. The bill would make a person who provides false or misleading information for the purpose of representing compliance with those requirements liable for a civil penalty of $20,000, as prescribed. This bill would require, beginning January 1, 2027, a port, on a quarterly basis, to publish on its internet website specified information regarding each truck that entered the port during the prior quarter. The bill would require a port, upon request of the Labor Commissioner, to provide to the Labor Commissioner additional information in the possession of the port regarding a truck that entered the port. By imposing new duties on a port, this bill would impose a state-mandated local program. This bill would make legislative findings and declarations as to the necessity of a special statute for the Port of Long Beach and the Port of Los Angeles. The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement. This bill would provide that with regard to certain mandates no reimbursement is required by this act for a specified reason. With regard to any other mandates, this bill would provide that, if the Commission on State Mandates determines that the bill contains costs so mandated by the state, reimbursement for those costs shall be made pursuant to the statutory provisions noted above.
Existing law provides that the California Workforce Development Board is responsible for assisting the Governor in the development, oversight, and continuous improvement of California's workforce investment system, including the development of a state plan to serve as a framework for, among other things, training programs to address the state's economic, demographic, and workforce needs. Existing law, in order to support the plan, requires the board to, among other things, establish initial and subsequent eligibility criteria for an eligible training provider list, in accordance with specified federal law. This bill would prohibit an approved training provider from being removed from the eligible training provider list if the provider has submitted verification of completion of continued eligibility requirements through a local workforce development board, except as provided. The bill would require continued eligibility review to be conducted once every 2 fiscal years, in a manner determined by the Employment Development Department.
Existing law establishes in the Department of Industrial Relations the Division of Labor Standards Enforcement under the direction of the Labor Commissioner and authorizes the Labor Commissioner to investigate employee complaints and recover civil penalties for violations of labor law, as prescribed. Existing law requires an employer who pays wages to a resident employee for services performed either within or without this state, or to a nonresident employee for services performed in this state, to deduct and withhold from those wages a sum which is substantially equivalent to the amount of tax reasonably estimated to be due under the Personal Income Tax Law resulting from the inclusion in the gross income of the employee of the wages which were subject to withholding. Existing law requires the Employment Development Department to have the powers and duties necessary to administer the reporting, collection, refunding to the employer, and enforcement of taxes required to be withheld by employers, as described above. This bill would require, within 60 days of a final judgment being entered against an employer requiring payment to an employee or to the state, as specified, the judgment debtor employer to provide documentation to the Labor Commissioner that the judgment is fully satisfied, a certain bond has been posted, or the judgment debtor entered into an agreement for the judgment to be paid in installments, as prescribed, and is in compliance with that agreement. The bill would make a judgment debtor employer who fails to comply with that provision liable for a civil penalty. The bill would require, if a judgment debtor employer does not comply with that provision, the Labor Commissioner to provide written notice to the judgment debtor employer that the Labor Commissioner will submit the unsatisfied judgment to the Tax Support Division of the Employment Development Department as a notice of potential tax fraud, as prescribed, and that the civil penalty is due within 90 days of the notice.
This measure would condemn decisions by the administrations of President Donald J. Trump to terminate or curtail Temporary Protected Status designations for people from specified nations, denounce federal policies that strip lawful status from long-residing individuals, as specified, and urge Congress to enact bipartisan legislation that provides a path to permanent residency and citizenship for individuals with Temporary Protected Status.
This measure would strongly condemn and denounce mass immigration raids that target immigrant workers and families in California and the engagement of the military in immigration enforcement operations and in response to community protests. This measure would affirm support for safeguarding the rights and safety of all Californians, regardless of immigration status, and support, among other things, the expansion of legal services and emergency response resources to protect workers, children, and families affected by immigration enforcement.
Existing law provides that in order for the state to recruit skilled firefighters for the Department of Forestry and Fire Protection, it is the policy of the state to consider prevailing salaries and benefits prior to making salary recommendations. Existing law requires the Department of Human Resources, in order to provide comparability in pay, to take into consideration the salary and benefits of other jurisdictions employing 75 or more full-time firefighters who work in California. This bill would require the state to pay firefighters who are rank-and-file members of State Bargaining Unit 8, employed by the Department of Forestry and Fire Protection, within 15% of the average salary for corresponding ranks in 20 listed California fire departments. The bill would require the state and the exclusive representative for State Bargaining Unit 8 to jointly survey annually and calculate the estimated average salaries for those fire departments. The bill would also require the Department of Human Resources, on or before January 1, 2027, to conduct and report to the Department of Forestry and Fire Protection a cursory survey on the salaries and benefits for the prior year of each of the fire chiefs for 5 listed California fire departments. The bill would provide that when determining compensation for uniformed classifications of the Department of Forestry and Fire Protection, it is the policy of the state to consider the salary of corresponding ranks within the comparable jurisdictions listed, as well as other factors, including internal comparisons. The bill would require any salary increase for firefighters under these provisions to be implemented through a memorandum of understanding, in accordance with specified procedures governing collective bargaining agreements. The bill would include legislative findings and declarations related to its provisions.
