Existing law declares the public policy of the state regarding labor organization, including, among other things, that it is necessary for a worker to have full freedom of association, self-organization, and designation of representatives of their own choosing, to negotiate the terms and conditions of their employment, and to be free from the interference, restraint, or coercion of employers of labor, or their agents, in the designation of such representatives or in self-organization or in other concerted activities for the purpose of collective bargaining or other mutual aid or protection. Existing law, the Protect App-Based Drivers and Services Act, added by Proposition 22, as approved by the voters at the November 3, 2020, statewide general election (the initiative) , categorizes app-based drivers for network companies, as defined, as independent contractors if certain conditions are met. Existing law requires, among other things, that the network company provide a health care subsidy to qualifying app-based drivers, provide a minimum level of compensation for app-based drivers, and not restrict app-based drivers from working in any other lawful occupation or business. Existing case law holds that specified provisions of the initiative are invalid on separation of powers grounds; however, the court severed the unconstitutional provisions, allowing the rest of the initiative to remain in effect. Existing law also establishes the Public Employment Relations Board (board) in state government as a means of resolving disputes and enforcing the statutory duties and rights of specified public employers and employees under various acts regulating collective bargaining. Existing law vests the board with jurisdiction to enforce certain provisions over charges of unfair practices for represented employees. This bill, the Transportation Network Company Drivers Labor Relations Act (act) , would establish that transportation network company (TNC) drivers have the right to form, join, and participate in the activities of TNC driver organizations, to bargain through representatives of their own choosing, to engage in concerted activities for the purpose of bargaining or other mutual aid or protection, and to refrain from such activities. The bill would require the board to enforce these provisions. This bill would require all TNCs to submit certain information every quarter, including information identifying and related personal work information about TNC drivers to the board in a list format, as prescribed. The bill would establish various procedures governing the certification and decertification of TNC driver organizations for purposes of representing drivers in the collective bargaining process. In this connection, the bill would require the board to determine if an entity is a TNC driver organization, as prescribed, and make certain determinations as to whether a specific organization has been designated as the bargaining representative for TNC drivers pursuant to an election process. The bill would establish various notice requirements, conditions, and timelines governing the representation of TNC drivers. The bill would, among other things, require TNCs and certified driver bargaining organizations to negotiate in good faith pursuant to the act, as described, and would set forth procedures for mediation and arbitration for purposes of reaching a sectoral agreement. The bill would set forth procedures and guidelines for the board to approve or disapprove sectoral agreements. The bill would require a TNC that was not a covered TNC when a sectoral agreement took effect but subsequently became a covered TNC to be bound by all terms of the sectoral agreement, as specified. This bill would make it an unfair practice for a TNC, an agent of a TNC, or a multicompany committee, as defined, to fail or refuse to negotiate in good faith with a certified driver bargaining organization, among other things. The bill would also make it an unfair practice for a certified driver bargaining organization or its agents to fail to negotiate in good faith with a TNC or multicompany committee, among other things. The bill would set forth unfair practice charge procedures and remedies for those practices. The bill would define terms for purposes of the act, make the provisions of the act severable, and make related legislative policy statements. Existing law, the Bagley-Keene Open Meeting Act, generally requires all meetings of a state body to be open and public. This bill would exempt any meeting of a mediator or arbitrator with any party or group to the negotiations process and the mediation and arbitration processes in the act from the Bagley-Keene Open Meeting act. Existing law, the California Public Records Act, requires state and local agencies to make their records available for public inspection, unless an exemption from disclosure applies. This bill would exclude from public disclosure information regarding TNC drivers that is submitted to the board pursuant to the act, except as specified. Existing constitutional provisions require that a statute that limits the right of access to the meetings of public bodies or the writings of public officials and agencies be adopted with findings demonstrating the interest protected by the limitation and the need for protecting that interest. This bill would make legislative findings to that effect.
Existing law establishes a workers' compensation system, administered by the Administrative Director of the Division of Workers' Compensation, to compensate an employee for injuries arising out of and in the course of their employment. Existing law establishes procedures for the resolution of disputes regarding the compensability of an injury, including the use of a qualified medical evaluator (QME) to perform a comprehensive medical-legal evaluation to address all contested medical issues arising from all injuries reported in a claim. Existing law requires all communications with a panel QME before a medical evaluation to be in writing served on the opposing party 20 days in advance of the evaluation, and any subsequent communication with the QME to be in writing and served on the opposing party when the communication is sent to the QME. This bill would require the administrative director to develop and make available a medical evaluation request form for communicating with a panel qualified medical evaluator in advance of an evaluation obtained pursuant to the above provisions. The bill would require the administrative director to develop and make available a template QME report form, which will include all necessary statutory and regulatory requirements for a QME report. The bill would require the Division of Workers' Compensation to adopt regulations to implement these provisions by January 1, 2027.
Existing law designates various persons as peace officers, including officers of a state hospital under the jurisdiction of the State Department of State Hospitals or the State Department of Developmental Services. 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 their employment. Existing law creates a disputable presumption, applicable to officers and employees in the Department of Corrections and Rehabilitation, that heart trouble that develops or manifests during a period when the employee is in the service of the department arose out of and in the course of employment. This bill would add to the above-described presumption a peace officer, as defined, employed by the State Department of State Hospitals and would make other conforming and technical changes.
Existing law, until December 31, 2025, requires an employer, as defined, to offer its laid-off employees specified information about job positions that become available for which the laid-off employees are qualified, and to offer positions to those laid-off employees based on a preference system, in accordance with specified timelines and procedures. Existing law, until December 31, 2025, also prohibits an employer from refusing to employ, terminating, reducing compensation, or taking other adverse action against a laid-off employee for seeking to enforce their rights under these provisions. These provisions are enforced by the Division of Labor Standards Enforcement, as prescribed. Existing law defines "laid-off employee" for these purposes to mean an employee who was employed by the employer for 6 months or more and whose most recent separation from active employment by the employer occurred on or after March 4, 2020, and was due to a reason related to the COVID-19 pandemic, including a public health directive or reduction in force, among other reasons. Existing law also creates a presumption that a separation due to a lack of business, reduction in force, or other economic, nondisciplinary reason is due to a reason related to the COVID-19 pandemic, unless the employer establishes otherwise by a preponderance of the evidence. This bill would extend operation of these provisions until January 1, 2027, except as specified.
Existing law, the California Fair Employment and Housing Act, prohibits various forms of employment and housing discrimination, including various types of discrimination because of national origin. Existing law empowers the Civil Rights Department to investigate and prosecute complaints alleging unlawful practices. This bill would provide that an employee's assessment, testing, admission, or acknowledgment of their own personal bias that was made in good faith and solicited or required as part of a bias mitigation training does not constitute unlawful discrimination, as prescribed.
Existing law, the California Worker Adjustment and Retraining Act, governs mass layoffs, relocations, and terminations. Existing law prohibits an employer, with certain exceptions, from ordering a mass layoff, relocation, or termination at a covered establishment without giving prescribed written notice to the employees, the Employment Development Department, and other local agencies. This bill would require employers to include in the notice whether the employer plans to coordinate services through the local workforce development board or another entity, as specified, and information regarding the statewide food assistance program known as CalFresh, as specified.
Existing law, the California Fair Employment and Housing Act, establishes the Civil Rights Department within the Business, Consumer Services, and Housing Agency, under the direction of the Director of Civil Rights, to enforce civil rights laws with respect to housing and employment and to protect and safeguard the right of all persons to obtain and hold employment without discrimination based on specified characteristics or status. Existing law prescribes various functions, duties, and powers of the department, including, among others, to bring prescribed civil actions for violations of specified federal civil rights and antidiscrimination laws. Prior law, until January 1, 2025, authorized an employee who was discriminated or retaliated against for exercising certain rights to file a complaint with the Division of Labor Standards Enforcement in accordance with specified Labor Code provisions. These employee rights include, among other things, the right to take time off work to serve on a trial or to obtain specified crime-related relief. Existing law, as of January 1, 2025, transferred the authority to enforce these discrimination provisions from the Division of Labor Standards Enforcement to the Civil Rights Department. Existing law also repealed the above-described Labor Code provisions, and added new enforcement provisions to the California Fair Employment and Housing Act within the Government Code. Among other changes, these provisions refer to a "qualifying act of violence," as defined, instead of crime, or crime or abuse, for purposes of obtaining relief. Existing law further prohibits an employer with 25 or more employees from discharging or in any manner discriminating or retaliating against an employee who is a victim or who has a family member who is a victim for taking time off work for any of a number of additional prescribed purposes relating to a qualifying act of violence, as defined. Existing law requires an employee, as a condition of taking time off, to provide the employer with reasonable advance notice, unless not feasible, in accordance with certain procedural requirements. This bill would reinstate the above-described former Labor Code provisions, to apply only to alleged actions or inactions occurring on or before December 31, 2024. This bill would also transfer enforcement authority for two additional discrimination provisions relating to attending judicial proceedings from the Division of Labor Standards Enforcement to the Civil Rights Department. The bill would make other conforming changes. This bill would declare that it is to take effect immediately as an urgency statute.
(1) Existing law, the Teachers' Retirement Law, establishes the State Teachers' Retirement System (STRS) and creates the Defined Benefit Program of the State Teachers' Retirement Plan, which provides a defined benefit to members of the program, based on final compensation, creditable service, and age at retirement, subject to certain variations. STRS is administered by the Teachers' Retirement Board. Existing law requires employers and employees to make contributions to the system based on the member's creditable compensation. Existing law defines terms for the purposes of STRS. Existing law defines "employer" or "employing agency" to mean the state or any agency or political subdivision thereof, including a joint powers authority, as specified. Existing law also defines "membership" under the Teachers' Retirement Law to mean membership in the Defined Benefit Program, except as specified. This bill would provide that the board has final authority for determining an "employer" or "employing agency" for purposes of the Teachers' Retirement Law and related provisions governing teachers' health care benefits. The bill would also provide that the board has final authority for determining membership in STRS, as specified. Existing law authorizes the governing board of a school district or community college district to establish regulations, subject to specified requirements, to permit an employee who is a member of the Defined Benefit Plan to reduce their workload from full time to part time and have retirement benefits calculated as if the employee was employed full time. Existing law requires the agreement to reduce a member's workload to be terminated if one of specified actions is taken, including if the member performs less than 12 of the days or hours the employer requires for full time in that position. This bill would revise that provision to instead require the agreement to be terminated if the member earns less than 12 of the annualized pay rate, as defined. Existing law makes a continuous annual appropriation from the General Fund to the Controller for transfer to the Supplemental Benefit Maintenance Account in the Teachers' Retirement Fund, as specified. Existing law requires that transfers made to that account occur on October 15 and April 15 of each fiscal year with each payment to be 50% of the annual appropriation. This bill would provide that if either date falls on a weekend or holiday, the funds will be transferred the next business day. Existing law also makes certain continuous annual appropriations from the General Fund to the Controller for transfer to the Teachers' Retirement Fund, as specified. Existing law requires the total amounts to be divided into 4 equal payments made on July 1, October 1, December 15, and April 15 of each fiscal year, or the following business day after. This bill would delete the above-described reference to "on the following business day after" and would instead specify that if any of these dates fall on a weekend or holiday, the funds shall be transferred the next business day. Existing law establishes procedures governing the recovery of amounts that have been overpaid due to an error by STRS and requires recovery with interest, as specified. Existing law requires a specified amount to be made as a continuous appropriation from the General Fund to the Controller each July 1, for transfer to the Teachers' Retirement Fund. This bill would provide that if July 1 falls on a weekend or holiday, those funds shall be transferred the next business day. (2) Existing law, the State Teachers' Retirement System Cash Balance Plan, prescribes retirement, disability, and death benefits for part-time educational employees and provides for the administration and operation of the plan. Existing law defines "employer" for purposes of those provisions to mean a school district, community college district, or county office of education that has elected to provide the benefits of that law to persons employed to perform creditable service. This bill would provide that the Teachers' Retirement Board has final authority for determining an "employer" for purposes of that law. (3) Existing law, the Public Employees' Retirement Law (PERL) , creates the Public Employees' Retirement System (PERS) for the purpose of providing pension benefits to state employees and employees of contracting agencies and prescribes the rights and duties of members of the system and their beneficiaries. Existing law vests management and control of PERS in its board of administration. PERS provides a defined benefit to members of the program, based on final compensation, credited service, and age at retirement, subject to certain variations. Existing law, the California Public Employees' Pension Reform Act of 2013 (PEPRA) , on and after January 1, 2013, requires a public retirement system, as defined, to modify its plan or plans to comply with PEPRA, as specified. Among other things, PEPRA prohibits a public employer from offering a defined benefit pension plan exceeding specified retirement formulas and requires new members of public retirement systems to contribute at least a specified amount of the normal cost, as defined. PEPRA defines "pensionable compensation" for a new member of any public retirement system to mean the normal monthly rate of pay or base pay of the member paid in cash to similarly situated members of the same group or class of employment for services rendered on a full-time basis, as specified. Under PERL, the highest annual average compensation during any consecutive 12- or 36-month period of employment as a member of a retirement system maintained by the University of California is considered compensation earnable by a member of PERS for purposes of computing final compensation for the member providing that member retires concurrently under both systems. This bill would instead specify that the highest annual average compensation in the above-described circumstances shall be considered compensation earnable or pensionable compensation pursuant to PEPRA, whichever is applicable. PERL defines "state service" solely for purposes of qualification for benefits and retirement allowances under PERS to also include service rendered as an officer or employee of a county if the salary for the service constitutes compensation earnable by a member of PERS, as prescribed. This bill would instead provide that "state service" in the above-described circumstances shall be considered compensation earnable or pensionable compensation pursuant to PEPRA, whichever is applicable. PERL also provides that the highest annual compensation during any 12- or 36-month period of employment as a member of a county retirement system is considered compensation earnable by a member of PERS for purposes of computing final compensation, as prescribed. This bill would instead specify that the highest annual average compensation in the above-described circumstances shall be considered compensation earnable or pensionable compensation pursuant to PEPRA, whichever is applicable. Under PERL, the compensation earnable during any period of service as a member of the Judges' Retirement System, the Judges' Retirement System II, the Legislators' Retirement System, or the Defined Benefit Program of the State Teachers' Retirement Plan is considered compensation earnable as a member of PERS for purposes of computing final compensation for the member, if that member retires concurrently under both systems. This bill would instead specify that the compensation during any period of service, as described above, is considered compensation earnable or pensionable compensation under PEPRA, whichever is applicable, for purposes of computing final compensation. (4) Existing law, the County Employees Retirement Law of 1937 (CERL) , authorizes counties to establish retirement systems pursuant to its provisions in order to provide pension benefits to county, city, and district employees and their beneficiaries. Under existing law, CERL provides for a defined retirement benefit based upon credited service, final compensation, and age at retirement subject to specified formulas relating to membership classification. Existing law provides that, for a member who is subject to PEPRA, a specified definition of "final compensation" contained in that law applies for all or any portion of their membership in the county retirement system. Existing law provides that when determining final compensation for a member who does not have 3 consecutive years of earned pensionable compensation due to an absence, the compensation for any absence is based on the pensionable compensation of the position held by the member immediately prior to the absence. This bill would delete that latter provision. The bill would revise the above provision concerning PEPRA to specify that the compensation for any absence is based on the pensionable compensation of the position held by the member at the beginning of the absence. Existing law provides that local prosecutors, local public defenders, and local public defender investigators are eligible to participate in CERL, as specified. Under existing law, past service as a general member is required to be converted to safety service if the past service was rendered in a position that has subsequently been reclassified as a safety position pursuant to that provision. This bill would revise that provision to specify that it applies to service before January 1, 2013. The bill would specify that on and after January 1, 2013, any enhancement to safety service is subject to a provision of PEPRA governing the retirement formulas and benefits of all public employees. Existing law prohibits a person who has been retired under CERL from being employed in any capacity thereafter by a county or district of the retirement system unless the person has first been reinstated from retirement or is authorized under CERL or PEPRA. Existing law provides that if an employer fails to enroll, solely for the administrative recordkeeping purposes of the system, a retired member employed in any capacity, without reinstatement, within 30 days of the effective date of hire, the board may assess the employer a fee of $200 per retired member per month until the retired member is enrolled in those administrative aspects of the system. This bill would instead provide that if an employer fails to report the above-described information, in a format determined by the system, and within the above-described timeframe, the board may assess that $200 fee until the information is reported. Existing law also authorizes the board to assess the employer a fee of $200 per retired member per month if an employer fails to report the pay rate and number of hours worked by a retired member, without reinstatement, within 30 days following the last day of the pay period in which the retired member worked. This bill would delete the 30-day period described above and instead would replace it with "at periods determined by the system." This bill would incorporate additional changes to Section 7522.02 of the Government Code proposed by SB 443 to be operative only if this bill and SB 443 are enacted and this bill is enacted last.
Existing law, the Contractors State License Law, provides for the licensure and regulation of contractors by the Contractors State License Board in the Department of Consumer Affairs. Under existing law, willful or deliberate disregard by a licensed contractor of various state building, labor, and safety laws constitutes a cause for disciplinary action by the board. Existing law provides for related disciplinary proceedings and requires the board to promulgate regulations covering the assessment of civil penalties under those disciplinary provisions, as prescribed. Existing law authorizes a civil penalty not less than $200 and not to exceed $15,000 for certain violations relating to unlicensed persons, as specified. Existing law authorizes a civil penalty not to exceed $8,000 or $30,000 for other violations of the Contractors State License Law, as provided. This bill, commencing July 1, 2026, would increase the minimum civil penalties for violations related to unlicensed persons to at least $1,500 and would impose minimum civil penalties of at least $500 or $1,500 for other specified violations, as provided. The bill would also authorize the Contractors State License Board to adjust the amounts of these minimum civil penalties for inflation every 5 years, as provided. Existing law authorizes the board to set specified fees according to a prescribed schedule. Existing law, notwithstanding this fee schedule, authorizes the board to set fees to maintain the amount of the reserve fund at a level not to exceed approximately 6 months of annual authorized board expenditures. This bill would increase the above-described limit on the reserve fund to a level not to exceed approximately 12 months of annual authorized board expenditures. This bill would incorporate additional changes to Section 7099.2 of the Business and Professions Code proposed by SB 291 to be operative only if this bill and SB 291 are enacted and this bill is enacted last.
(1) Existing law establishes the Department of Industrial Relations within the Labor and Workforce Development Agency and sets forth the functions of the department, which include, among others, fostering, promoting, and developing the welfare of the wage earners of California and improving their working conditions. Existing law establishes within the department the Division of Labor Standards Enforcement, headed by the Labor Commissioner, for the purposes of enforcing labor laws. Existing law requires the Labor Commissioner to enforce and administer a program to register and supervise foreign labor contractors who perform foreign labor contracting activities to recruit or solicit foreign workers. Existing law defines foreign workers for purposes of these provisions to mean any person seeking employment who is not a United States citizen or permanent resident but who is authorized by the federal government to work in the United States, including a person who engages in temporary nonagricultural labor, as specified. Existing law requires foreign labor contractors to register under the program, as prescribed. Existing law requires an applicant for registration as a foreign labor contractor to execute a written application in a form prescribed by the commissioner, as specified, that includes, among other things, the names and addresses of all persons financially interested in the proposed operation as a foreign labor contractor, as provided. Existing law imposes specific requirements on foreign labor contractors relating to recruitment or solicitation for employment and relating to work contracts. Existing law authorizes the commissioner to adopt regulations or policies and procedures to implement these provisions. Existing law authorizes the commissioner, or a person aggrieved by a violation of these provisions, to bring certain actions against the violator, including an action for injunctive relief, as provided. A violation of these provisions is a crime. Existing law makes these provisions applicable only to nonagricultural workers, and exempts persons licensed as farm labor contractors, specified persons exempt from farm labor contractor licensing requirements, and employers of agricultural workers. This bill would, beginning July 1, 2027, expand the above-described provisions to agricultural workers under the federal H-2A visa program. The bill would make related conforming changes and findings and declarations. The bill would additionally require, beginning July 1, 2027, the above-described application to contain a listing of each federal visa program under which the person will be performing foreign labor contracting activities. The bill would authorize the commissioner to enforce the above-described foreign labor contractor registration provisions through specified procedures, including the issuance of a citation or filing of a civil action against a person who violates those provisions. (2) Existing law requires farm labor contractors to be licensed by the commissioner and to comply with specified employment laws applicable to farm labor contractors. Existing law prohibits the commissioner from issuing to any person, or renewing, a license to act as a farm labor contractor unless certain conditions are satisfied, including a requirement that the person has executed a written application in a form prescribed by the commissioner as a foreign labor contractor, as prescribed. This bill would require, beginning July 1, 2027, a person who is licensed or acting as a farm labor contractor and who performs foreign labor contracting activities to register with the commissioner as a foreign labor contractor, as prescribed. The bill would authorize the commissioner to eliminate duplicative application information requirements for information previously obtained from the farm labor contractor's license application, as specified. By expanding the application of the foreign labor contractor registration provisions, the bill would expand an existing crime, thereby imposing a state-mandated local program. This bill would require the Department of Industrial Relations to submit to the Legislature, by January 1, 2028, a study on how to extend foreign labor contractor registration requirements to certain foreign labor contractors, as specified. (3) 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.
