Existing law that governs the labor relations of public employees and employers, including, among others, the Meyers-Milias-Brown Act, the Ralph C. Dills Act, provisions relating to public schools, and provisions relating to higher education, prohibits employers from taking certain actions relating to employee organization, including imposing or threatening to impose reprisals on employees, discriminating or threatening to discriminate against employees, or otherwise interfering with, restraining, or coercing employees because of their exercise of their guaranteed rights. Those provisions of existing law further prohibit denying to employee organizations the rights guaranteed to them by existing law. This bill would prohibit a public employer from questioning a public employee, a representative of a recognized employee organization, or an exclusive representative regarding communications made in confidence between an employee and an employee representative in connection with representation relating to any matter within the scope of the recognized employee organization's representation. The bill would also prohibit a public employer from compelling a public employee, a representative of a recognized employee organization, or an exclusive representative to disclose those confidential communications to a third party. The bill would not apply to a criminal investigation or when a public safety officer is under investigation and certain circumstances exist.
(1) Existing law establishes procedures by which a person may petition the court for certain protective or restraining orders, including civil harassment restraining orders, domestic violence restraining orders, elder or dependent adult abuse restraining orders, gun violence restraining orders, postsecondary school restraining orders, and workplace violence restraining orders, to enjoin a restrained person from taking specified actions. Beginning January 1, 2026, upon a court's issuance of such a protective order, existing law will require the restrained person to relinquish any firearm and ammunition in that person's immediate possession or control, according to specified procedures. Existing law prescribes procedures by which the restrained person must certify compliance with the court, and for the court to determine, by a preponderance of the evidence, whether the person has a firearm in violation of the order. This bill would make clarifying and conforming changes to the procedures relating to the protective or restraining orders described above by explicitly requiring the restrained person to relinquish, in addition to any firearm, any ammunition in that person's immediate possession or control. The bill would require courts to permit a party, support person, or witness to appear remotely at a hearing for a postsecondary educational institution or workplace violence restraining order at no cost. This bill would also require courts to develop rules and instructions for such remote appearances and to post them on its website. (2) Existing law requires a peace officer who is at the scene of a domestic violence incident or enforcing a domestic violence restraining order or gun violence restraining order to take temporary custody of any firearm or other deadly weapon in plain sight or discovered pursuant to a consensual or otherwise lawful search, as specified. This bill would additionally require a peace officer to take temporary custody of any ammunition in plain sight or discovered pursuant to such a search. By expanding the duties of local law enforcement agencies, 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, 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 Division of Labor Standards Enforcement, under the direction of the Labor Commissioner, within the Department of Industrial Relations and sets forth its powers and duties regarding the enforcement of labor laws. Existing law authorizes the Labor Commissioner to investigate employee complaints and to take various actions against an employer with respect to unpaid wages. Existing law generally prohibits an employer with an unsatisfied final judgment for nonpayment of wages from continuing to conduct business in California, unless that employer has obtained a bond from a surety company and filed that bond with the Labor Commissioner, as prescribed. Under existing law, if an employer in the long-term care industry that is also required to obtain a license from the State Department of Public Health or the State Department of Social Services has violated the above provision governing unsatisfied judgments (unsatisfied judgment provision) , either of those departments may deny a new license or the renewal of an existing license for that employer. Existing law further requires the Labor Commissioner, upon finding that an employer in the long-term care industry is violating the unsatisfied judgment provision, to notify those departments. This bill would repeal the above-described provision applicable to employers in the long-term care industry. The bill would require a state agency, if an employer that is required to obtain a license or permit from that state agency is found to have violated the unsatisfied judgment provision, to deny a new license or permit or the renewal of an existing license or permit for that employer. The bill would also require the Labor Commissioner, upon finding that an employer is conducting business in violation of that provision, to notify the applicable state agency with jurisdiction over that employee's license or permit. The bill would additionally permit the State Public Health Officer to exempt a hospital employer from the bill's requirements upon a determination that a denial, suspension, or revocation of the hospital's license, permit, or renewal could have imminent or substantial adverse effects upon public health or safety or would violate constitutional law.
Existing law establishes in the Natural Resources Agency the Department of Forestry and Fire Protection, and requires the department to be responsible for, among other things, fire protection and prevention, as provided. Existing law establishes the California Conservation Camp program for the purpose of having incarcerated persons work on projects supervised by the department. Existing law requires the department to utilize incarcerated persons assigned to conservation camps in performing fire prevention, fire control, and other work at the department. This bill would require the department to, in partnership with the Department of Corrections and Rehabilitation and the California Conservation Camp program, implement a standardized process to ensure that all individuals who complete the department's firefighting training program (FFT program) while incarcerated receive official written certification before their release, as specified. The bill would require the department to, on or before January 1, 2027, award hiring preference under Category Placement 2 to qualified formerly incarcerated individuals who apply for positions with the department. The bill would also require the department to track the number of incarcerated individuals who have completed the FFT program and are set to be released within 90 days, develop and implement policies and procedures to track and report the outcomes of the Formerly Incarcerated Firefighter Certification and Employment Program, and report annually to the Legislature on the implementation and effectiveness of the program, as provided. The bill would make these provisions operative only upon an appropriation by the Legislature for its purposes, as provided.
Existing law generally prohibits an employer from employing an employee for a work period of more than 5 hours per day without providing the employee with a meal period of not less than 30 minutes. Existing law creates exceptions from this prohibition for employees in specified occupations, including employees of an electrical corporation, a gas corporation, or a local publicly owned electric utility covered by a valid collective bargaining agreement meeting certain conditions. Existing law charges the Labor Commissioner with enforcement of these provisions. This bill would also create an exception from the above-described prohibition for employees of a water corporation, as defined.
Existing law creates the Department of Industrial Relations, and establishes within the department the Division of Labor Standards Enforcement (DLSE) , which is headed by the Labor Commissioner. The DLSE is generally charged with enforcing employment statutes and regulations, either in administrative actions or through litigation. Existing law imposes various administrative sanctions, civil fines and penalties, and criminal penalties for violations of employment statutes or regulations. Existing law prohibits an employer or agent from collecting, taking, or receiving any gratuity or a part thereof that is paid, given to, or left for an employee by a patron, or deducting any amount from wages due an employee on account of a gratuity, or requiring an employee to credit the amount, or any part thereof, of a gratuity against and as a part of the wages due the employee from the employer, and requires the Department of Industrial Relations to enforce these provisions. This bill would authorize the Labor Commissioner to investigate and issue a citation or file a civil action for gratuities taken or withheld in violation of the above-described provisions, as prescribed.
Existing law authorizes the governing board of a school district or county office of education to establish a catastrophic leave program to permit employees of that school district or county office of education, if specified conditions are met, to donate eligible leave credits to an employee when that employee or a member of their family suffers from a catastrophic illness or injury, as provided. This bill would extend the above-described authorization to the governing body of a charter school and would authorize the governing board or body of a school district, county office of education, or charter school to also permit employees to donate eligible leave credits to an employee impacted by a state of emergency that has been proclaimed by the Governor, as provided. This bill would declare that it is to take effect immediately as an urgency statute.
Existing law extends to any person who, as an employee, and by their own labor, performs work harvesting or transporting harvested crops or farm products that are owned and grown or produced by a limited partnership, a lien upon the severed crops or farm products, or proceeds from their sale, for the value of the labor done, unless the owner who otherwise would be subject to a lien gives the Labor Commissioner a bond that is conditioned upon the payment of all wages found to be due and unpaid in connection with the operations, as specified. This bill would remove the condition on imposition of a lien, as described above, that the crops or farm products be owned and grown or produced by a limited partnership.
Existing law prohibits an employer from requiring an employee to work during a mandated meal or rest or recovery period, as specified. Existing law requires an employer who fails to provide an employee a mandated meal or rest or recovery period to pay the employee one additional hour of pay at the employee's regular rate of compensation for each workday that the meal or rest or recovery period was not provided. Existing law provides, until January 1, 2026, an exemption from the rest period requirements for specified employees who hold a safety-sensitive position at a petroleum facility, as defined, to the extent that the employee is required to carry and monitor a communication device and to respond to emergencies or is required to remain on employer premises to monitor the premises and respond to emergencies. Existing law requires another rest period to be authorized in the case of an interrupted rest period, as prescribed, and, if circumstances do not allow for the employee to take a rest period, requires the employer to pay the employee one hour of pay at the employee's regular rate of pay for the rest period that was not provided. This bill would extend that exemption indefinitely. The bill would specify that the exemption also applies to employees who hold a safety-sensitive position at a refinery that produces fuel through the processing of alternative feedstock.
This measure would urge President Donald J. Trump and the Congress of the United States to approve federal legislation guaranteeing specified rights to classified workers that would, among other things, empower those workers to work in a stable, safe environment and receive livable and competitive wages, as provided.
