Existing law, the CalSavers Retirement Savings Trust Act, administered by the CalSavers Retirement Savings Board (board) , establishes the CalSavers Retirement Savings Program (program) and the CalSavers Retirement Savings Trust (trust) . Under existing law, the trust consists of a program fund and an administrative fund with trust moneys that are continuously appropriated and administered by the CalSavers Retirement Savings Board for the purpose of promoting greater retirement savings for California private employees. Existing law requires eligible employers to offer a payroll deposit retirement savings arrangement so that eligible employees may contribute a portion of their salary or wages to a retirement savings program account in the program, as specified. Existing law defines "eligible employer" as a person or entity engaged in a business, industry, profession, trade, or other enterprise in the state, whether for profit or not for profit, excluding, among others, specified federal, state, and local governmental entities, with at least one eligible employee and that satisfies certain requirements to establish or participate in a payroll deposit retirement savings arrangement. This bill would enact the Savings Access and Vested Empowerment (SAVE) for All Workers Act, which would recast those provisions to expand that definition of "eligible employer" to include household employers, defined as those who have hired someone to work in or around their home for the benefit of their personal household and who provide the employee a W-2 federal tax form. By expanding eligibility under these provisions, the bill would remove a restriction limiting expenditure of funds and authorize the expenditure of continuously appropriated moneys for a new purpose, thereby making an appropriation. Existing law requires the board, subject to its authority and fiduciary duty, to design and implement the program. Existing law authorizes the board to provide for investment in myRAs. Existing law requires the program to include, as determined by the board, one or more payroll deduction IRA arrangements. Existing law provides the board with the power and authority to, among other things, make and enter into contracts necessary for the administration of the trust and to disseminate information concerning tax credits available to small business owners for allowing their employees to participate in the program and the federal Retirement Savings Contribution Credit (Saver's Credit) . This bill would eliminate the authority of the board to invest in myRAs and would make related conforming changes. The bill would require the program, with board approval, to establish an IRA on behalf of participants who are eligible to receive federal or state retirement benefits, as specified, and notify participants at least 30 days prior to the creation of the accounts. This bill would additionally authorize the board to assess the feasibility of multi-state or regional agreements to administer the program and to disseminate information concerning tax credits available to small business owners for allowing their employees to participate in the successor to the Saver's Credit, known as the Saver's Match. Existing law requires the board, prior to opening the program for enrollment, to establish a retirement investments clearinghouse on its internet website and a vendor registration process, if there is sufficient interest by vendors to participate and provide the necessary funding. Existing law requires vendors that would like to participate in the board's retirement investments clearinghouse and be listed on the board's internet website as a registered vendor to provide specified information to the board. This bill would eliminate the above-described requirement for the board to establish a retirement investments clearinghouse on its internet website and a vendor registration process, and would instead require vendors that would like to contract with the board to provide specified information to the board. The bill would make related conforming changes. Existing law authorizes an employer to choose to have a payroll deposit retirement savings arrangement to allow employee participation in the program under the terms and conditions prescribed by the board. Existing law requires, by December 31, 2025, eligible employers with one or more eligible employees and do not offer a retirement savings program, as provided, to have a payroll deposit retirement savings arrangement to allow employee participation in the program. Existing law authorizes the board to implement annual automatic escalation of employee contributions and prohibits contributions subject to automatic escalation from exceeding 8% of salary. Existing law provides the board the powers and duties necessary to administer the enforcement of employer compliance, as provided. This bill would, beginning December 31, 2027 and by December 31 of each calendar year, require eligible employers with one or more eligible employees, as described, who do not offer a retirement savings program, as specified, to have a payroll deposit retirement savings arrangement to allow employee participation in the program. The bill would instead prohibit contributions subject to automatic escalation from exceeding 10% of salary. The bill would require the board to notify participants of this increase in salary subject to automatic escalation. Existing law requires the board to issue to each employer who fails to allow its eligible employees to participate in the program, as provided, a notice of penalty application. Existing law requires each eligible employer that, without good cause, fails to allow its employees to participate in the program, as specified, after the board serves a final notice of penalty application, to be subject to a penalty of $250 per eligible employee and an additional penalty of $500 per eligible employee if noncompliance continues, as described. Existing law requires the Franchise Tax Board to issue a first notice of the imposition of a penalty to an eligible employer for failure to comply after the board informs the Franchise Tax Board of the eligible employer's noncompliance. Existing law requires amounts collected by the Franchise Tax Board for these purposes to be transmitted to the board for deposit in the trust. This bill would additionally subject each eligible employer that fails to allow its eligible employees to participate in the program after the above-described penalties have been assessed to a penalty of $500 per eligible employee. The bill would prohibit the penalties assessed from being imposed more than once every 180 days since the last violation. The bill would require the Franchise Tax Board to issue subsequent notices of imposition of penalties for noncompliance, as specified. By depositing additional penalties into the trust, a continuously appropriated fund, the bill would make an appropriation.
Existing law requires the Employment Development Department, among other duties, to establish, in conjunction with other state entities, a systemwide policy of actively promoting the training of women in nontraditional occupations. Existing law defines "nontraditional occupations" as any job classification in which not more than 25% of the employees are women, according to the statistics of the United States Department of Labor. This bill would require the department to collect specified data on construction workers, including, among other data, the training and educational capacity to produce trained, certified, and licensed construction workers. This bill would also require the department to work with the Department of Industrial Relations' Division of Apprenticeship Standards to determine this capacity within state-registered construction preapprenticeship and apprenticeship programs and to determine the number of construction preapprentices and apprentices in any given year who are women. The bill would require the department, on or before July 1, 2027, and every 3 years thereafter, to report this data to the Legislature and post the report on its internet website.
Existing federal law provides for allocation of federal funds through the federal Temporary Assistance for Needy Families (TANF) block grant program to eligible states. Existing law provides for the California Work Opportunity and Responsibility to Kids (CalWORKs) program, under which, through a combination of state and county funds and federal funds received through the TANF program, each county provides cash assistance and other benefits to qualified low-income families. Existing law provides for state-subsidized childcare programs and childcare for recipients of benefits under the CalWORKs program and establishes 3 stages of childcare services managed by county welfare departments and agencies contracting with the State Department of Social Services. Existing law requires an applicant for, or a recipient of, CalWORKs benefits to be provided written notice, both at the time of application and when they sign an original or amended welfare-to-work plan, informing them of, among other things, the availability of paid childcare to allow them to be employed or participate in welfare-to-work activities. Existing law requires an applicant for, or recipient of, CalWORKs benefits to be asked to sign a copy of the written notice acknowledging that they have been informed of and received the notice, as specified. This bill would instead require an applicant for, or a recipient of, CalWORKs benefits to be provided written notice, and verbally informed, of the availability of paid childcare, as described above, at the time of application, approval, and when they sign an original or amended welfare-to-work plan, annual certificate of eligibility, or a semiannual report form. The bill would specify that a "written notice," for purposes of these provisions, includes a CalWORKs childcare request form. Upon receipt of a CalWORKs childcare request form and eligibility information, the bill would require a county to approve or deny the request for childcare within 10 calendar days. The bill would require the department to implement these provisions through an all-county letter or similar instruction on or before June 1, 2027, until regulations are adopted. By imposing additional duties on counties, the bill would impose a state-mandated local program. Existing law, commencing January 1, 2021, or the date that the Statewide Automated Welfare System can perform the necessary automation, whichever date is later, requires the written notice described above to additionally be provided to a recipient at the time of orientation, when they are assigned to a program activity, when they report new or increased participation in a program activity, and when they report new earned income or employment. This bill would extend that commencement date from January 1, 2021, to January 1, 2028. 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, if the Commission on State Mandates determines that the bill contains costs mandated by the state, reimbursement for those costs shall be made pursuant to the statutory provisions noted above.
Existing law requires that, except as specified, not less than the general prevailing rate of per diem wages be paid to workers employed on public works. Existing law defines "public works," for the purposes of regulating public works contracts as, among other things, construction, alteration, demolition, installation, or repair work done under contract and paid for, in whole or in part, out of public funds. Existing law makes any officer, agent, or representative of the state or of any political subdivision who willfully violates specified provisions, including providing notice of certain public works projects, as specified, to the Department of Industrial Relations, guilty of a misdemeanor. Existing law requires the Labor Commissioner to investigate allegations that a contractor or subcontractor violated the law regulating public works projects, including the payment of prevailing wages. Existing law requires each contractor and subcontractor on a public works project to keep accurate payroll records, showing the name, address, social security number, work classification, straight time and overtime hours worked each day and week, and the actual per diem wages paid to each journeyman, apprentice, worker, or other employee employed by the contractor or subcontractor in connection with the public work. This bill would require an awarding body or owner to give reasonable access, as defined, to representatives of a joint-labor management committee in order to monitor compliance with the prevailing wage and apprenticeship requirements. The bill would authorize an awarding body, owner, contractor, or subcontractor to deny or revoke access to the committee's representative if the representative fails or refuses to comply with job site safety requirements, as specified. The bill would authorize the committee to bring an action against an awarding body, contractor, or subcontractor that willfully denies the committee's representative reasonable access. The bill would authorize the court to award a civil penalty, not to exceed $1,000, and would require the court to award reasonable attorney's fees and costs to the prevailing party. By expanding the definition of a crime, this bill would impose a state-mandated local program. 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 no reimbursement is required by this act for a specified reason.
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. Existing law provides certain methods for determining workers' compensation benefits payable to a worker or the worker's dependents for purposes of permanent total disability or permanent partial disability that include a determination of the percentage of permanent disability incurred. Existing law requires that, for injuries incurred before January 1, 2013, in determining the percentages of permanent disability, account be taken of the nature of the physical injury or disfigurement, the occupation of the injured employee, and the injured employee's age at the time of the injury, and requires that specified factors be considered in determining an employee's diminished earning capacity for these purposes. For purposes of these provisions, "nature of the physical injury or disfigurement" incorporates the descriptions and measurements of physical impairment and the corresponding percentages of impairments published in the American Medical Association (AMA) Guides to the Evaluation of Permanent Impairment (5th Edition) . For injuries occurring on or after January 1, 2013, in determining the percentages of permanent disability, existing law requires the same factors be taken into account but removes from consideration the employee's diminished future earning capacity and, instead, incorporates an adjustment factor of 1.4, as specified. Existing law also establishes the Subsequent Injuries Benefits Trust Fund, a continuously appropriated fund. Under existing law, if a permanently, partially disabled employee receives a subsequent compensable injury resulting in additional permanent disability, then that employee receives compensation from the Subsequent Injuries Benefits Trust Fund. Existing law requires, when applicable, the additional permanent disability resulting from the subsequent injury to be equal to 35% or more of total, when considered alone and without regard to, or adjustment for, the occupation or the age of the employee. For purposes of determining permanent disability resulting from a subsequent injury, this bill would measure permanent disability, for injuries occurring on or after January 1, 2005, and prior to January 1, 2013, by the whole person impairment rating as determined in accordance with the AMA Guides to the Evaluation of Permanent Impairment (5th Edition) , after adjustment for diminished future earning capacity and without regard to, or adjustment for, the occupation or age of the employee. For injuries occurring on or after January 1, 2013, the bill would measure permanent disability in the same manner as an injury occurring on or after January 1, 2005, and prior to January 1, 2013, except that an adjustment for diminished future earning capacity is replaced by the 1.4 adjustment factor. The bill would state that these provisions are declarative of existing law. To the extent the bill changes the eligibility requirements for and calculation for payments made from the Subsequent Injuries Benefits Trust Fund, the bill would make an appropriation. This bill would, for compensable subsequent injuries occurring on or after January 1, 2027, require, for purposes of determining eligibility for and the amount of an award of special additional compensation, the existence of the prior permanent partial disability at the time of the subsequent compensable injury to be determined by substantial evidence, based on medical records, testimony, or other evidence, that the prior permanent partial disability predated the subsequent compensable injury and that the prior permanent partial disability resulted in loss of earnings, interfered with work activities, or otherwise impacted the ability of the employee to perform work activities or activities of daily living. The bill would require the administrative director to create and maintain a database of qualified medical evaluators to perform evaluations for claims filed for a subsequent compensable injury. The bill would make conforming changes. Existing law requires the WCAB to fix and award the amounts of special additional compensation to be paid and to direct the State Compensation Insurance Fund (SCIF) to pay the additional compensation awarded. Existing law authorizes the additional compensation to be paid only from funds appropriated for these purposes. Existing law authorizes SCIF to reimburse itself for specified costs from this appropriation. This bill would replace SCIF with the Director of Industrial Relations, as trustee of the Subsequent Injuries Benefits Trust Fund, as the entity to pay the additional compensation awarded by the WCAB. The bill would delete SCIF's authorization to reimburse itself for specified costs.
Existing law provides for negotiations concerning wages, hours, and other terms and conditions of employment between a higher education employer and an exclusive representative of a recognized or certified employee organization, as these terms are defined. Existing law requires higher education employers, or such representatives as they may designate, to engage in meeting and conferring with the employee organization selected as exclusive representative of an appropriate unit on all matters within the scope of representation. Existing law requires a reasonable number of representatives of an exclusive representative to have the right to receive reasonable periods of released or reassigned time without loss of compensation when engaged in meeting and conferring and for the processing of grievances prior to the adoption of the initial memorandum of understanding. This bill would authorize an exclusive representative, in their discretion, to invite one or more members of a bargaining unit to remotely observe a session held for the purpose of a meet and confer on a memorandum of understanding. The bill would prohibit, absent an agreement of the parties, a member of a bargaining unit observing a session pursuant to these provisions from receiving released or reassigned time or compensation to observe a session. The bill would not prevent the parties from agreeing to allow in-person observers or greater participation by observers in a meet and confer session. The bill would also not require any change in existing practices that allow in-person observers or greater participation by observers in a meet and confer session.
Existing law establishes the Division of Apprenticeship Standards within the Department of Industrial Relations and requires the division, among other things, to evaluate apprenticeship and preapprenticeship programs to ensure that the program evaluated is complying with its standards, as specified. Existing law requires the Chief of the Division of Apprenticeship Standards to perform various functions with respect to apprenticeship programs and the welfare of apprentices. This bill would establish the Career Apprenticeship Bridge Program to be administered by the division and would authorize the division to work with the State Department of Education and the Office of the Chancellor of the California Community Colleges in order to, among other things, identify resources to support youth apprenticeships. The bill would require a program applicant for a Career Apprenticeship Bridge Program to submit documentation to the chief, as specified. The bill would require the chief, before approving a Career Apprenticeship Bridge Program, to present the application, as described, to the State Department of Education to review whether specified requirements are met. The bill would authorize the chief, among other things, to issue rules and regulations that govern Career Apprenticeship Bridge Programs, as specified.
Existing law requires a contract entered into by any state agency for the procurement or laundering of apparel, garments, or corresponding accessories, or the procurement of equipment, materials, or supplies, other than procurement related to a public works contract, to require that a contractor certify that nothing furnished to the state pursuant to the contract has been laundered or produced by certain types of labor, including forced labor, as defined. Existing law makes any person who falsely certifies pursuant to these provisions guilty of a misdemeanor. This bill would, for a contract entered into or renewed on or after January 1, 2027, with an estimated value that exceeds $550,000, revise the above contracting requirements to also require a contractor to certify that the contract complies with specified requirements relating to human trafficking, including certain prohibitions on contractors, contractor employees, subcontractors, subcontractor employees, and their agents. The bill would revise the definition of forced labor to mean knowingly providing or obtaining labor or services of a person by, among other things, threats of serious harm to, or physical restraint against, that person or another person. This bill would require contractors and subcontractors to notify employees of specified prohibited activities and the actions that may be taken against them for violations. The bill would provide that a contractor is ineligible for, and shall not bid on, or submit a proposal for, a contract under these provisions if the contractor has failed to certify its compliance. The bill would also require a contractor to exercise due diligence in ensuring that its subcontractors comply with those requirements, including requiring each subcontractor to sign a certification. By expanding the scope of a crime, the bill would impose a state-mandated local program. This bill would, for a contract that has an estimated value that exceeds $550,000, require, before a contract or subcontract is awarded, a proposed contractor or proposed subcontractor to provide a certification to the contracting officer or contractor, as applicable, that states the contractor or subcontractor has implemented a compliance plan, as specified, and has conducted due diligence that either (1) to the best of the contractor's or subcontractor's knowledge and belief, certain parties have not engaged in any specified prohibited activities or (2) if the contractor or subcontractor is aware of abuses relating to the specified prohibited activities, then certain parties have taken the appropriate remedial and referral actions. This bill would require a contractor or subcontractor to take specified actions to ensure compliance with the above-described provisions, including requiring the contractor or subcontractor to disclose to the contracting officer and the state agency with oversight information sufficient to identify the nature and extent of a violation of a prohibited activity. The bill would specify certain actions a contractor would be required to take if a contractor, contractor employee, subcontractor, subcontractor employee, or agent violates these provisions or specified provisions, including, among others, notifying its employees of the actions that will be taken against the employee or agent for violations. Existing law authorizes certain sanctions to be imposed if a contractor knew or should have known that the apparel, garments, corresponding accessories, equipment, materials, or supplies furnished to the state were laundered or produced in violation of specified conditions, including, among others, voiding the contract under which the prohibited apparel, garments, or corresponding accessories, equipment, materials, or supplies were laundered or provided at the option of the state agency and removing the contractor from the bidder's list for a period not to exceed 360 days. This bill would, for a contract entered into or renewed on or after January 1, 2027, with an estimated value that exceeds $550,000, authorize additional sanctions, including, among others, requiring a contractor to remove a contractor employee from the performance of the contract, requiring the contractor to terminate a subcontractor, and suspending contract payments until the contractor has taken appropriate remedial action. The bill would also specify that these requirements govern contracts and subcontracts entered into by a state agency, regardless of place of performance. Existing law authorizes a contractor to request a hearing before an administrative law judge when sanctions are imposed. Existing law requires the administrative law judge to consider any measures the contractor has taken to ensure compliance with the above-described provisions and authorizes the administrative law judge to waive any or all sanctions if it is determined that the contractor has acted in good faith. This bill would, for a contract entered into or renewed on or after January 1, 2027, with an estimated value that exceeds $550,000, authorize the administrative law judge to additionally consider mitigating factors and aggravating factors, as specified. Existing law authorizes a state agency that investigates a complaint against a contractor for violation of the above-described provisions to limit its investigation to evaluating the information provided by the person or entity submitting the complaint and information provided by the contractor. This bill would, for a contract entered into or renewed on or after January 1, 2027, with an estimated value that exceeds $550,000, authorize the state agency to limit its investigation to credible information. The bill would require the contracting officer, upon receipt of credible information regarding a violation of specified provisions, to promptly notify the state agency with oversight, the agency debarring and suspending official, and law enforcement officials with jurisdiction over the alleged offense, as specified. The bill would authorize the contracting officer to direct the contractor to take specific steps to abate the alleged violation or enforcement of the requirements of its compliance plan. 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 no reimbursement is required by this act for a specified reason.
Existing law, the California Clean Energy Jobs Act, expresses a goal of creating good-paying energy efficiency and clean energy jobs in California. Existing law establishes in state government the Labor and Workforce Development Agency, under the supervision of the Secretary of Labor and Workforce Development, which consists of the Office of the Secretary of Labor and Workforce Development and the California Workforce Development Board, among others. Existing law creates the position of Deputy Secretary for Climate within the agency, subject to appropriation by the Legislature, for the purpose of assisting in the oversight of California's workforce transition to a sustainable and equitable carbon neutral economy. This bill would, upon appropriation by the Legislature, establish an Electric Vehicle Economic Opportunity Zone (EVEOZ) for the County of Riverside, administered by the Labor and Workforce Development Agency, for the purpose of creating programs to make electric vehicle manufacturing jobs and education more accessible to lower income communities. The bill would require the agency to collaborate with the County of Riverside in determining the geographical boundaries of the EVEOZ. By imposing additional duties on local officials, the bill would impose a state-mandated local program. The bill would authorize the agency to partner with educational institutions, electric vehicle manufacturing businesses, and local and national financial intuitions to develop EVEOZ education, training, and investment programs, as specified. This bill would make legislative findings and declarations as to the necessity of a special statute for the County of Riverside. 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, if the Commission on State Mandates determines that the bill contains costs mandated by the state, reimbursement for those costs shall be made pursuant to the statutory provisions noted above.
Existing law establishes the California Community Colleges, administered by the Board of Governors of the California Community Colleges, as one of the segments of public postsecondary education in the state. Existing law requires the board to appoint a chief executive officer, known as the Chancellor of the California Community Colleges. Existing law establishes community college districts throughout the state, under the administration of community college district governing boards, and authorizes these districts to provide instruction at the community college campuses they operate. Existing law establishes the Part-Time Community College Faculty Health Insurance Program, which authorizes the governing board of a community college district to provide a program of health insurance for part-time faculty, multidistrict part-time faculty, and their dependents. Existing law requires the chancellor, by June 15 of each year, to apportion to each community college that establishes a program an amount that equals up to12 of the total cost of the individual premiums required to be paid for the health insurance coverage of participating part-time faculty, multidistrict part-time faculty, and their dependents, and to apportion any remaining funds to each community college district that establishes a program and meets certain criteria, up to the total cost of the individual premiums required to be paid for the health insurance coverage of the participants, as provided. If funds appropriated for purposes of the program remain after those apportionments, existing law requires that the balance revert to the General Fund annually, as specified. This bill would instead require that the balance be deposited into the Part-Time Community College Faculty Health Insurance Program Fund, which the bill would create. The bill would continuously appropriate the moneys in the fund to the chancellor for purposes of the above-described apportionments, as specified. This bill would state the intent of the Legislature that, by January 1, 2030, each community college district commence negotiations with the exclusive representatives for part-time community college faculty to offer health insurance benefits to part-time and multidistrict part-time community college faculty and their eligible dependents.
