Existing law defines a battery as any willful and unlawful use of force or violence upon the person of another. Existing law provides that when a battery is committed against the person of an operator, driver, or passenger on a bus, taxicab, streetcar, cable car, trackless trolley, or other motor vehicle, as specified, and the person who commits the offense knows or reasonably should know that the victim is engaged in the performance of their duties, the penalty is imprisonment in a county jail not exceeding one year, a fine not exceeding $10,000, or both the fine and imprisonment. Existing law also provides that if the victim is injured, the offense would be punished by a fine not exceeding $10,000, by imprisonment in a county jail not exceeding one year or in the state prison for 16 months, 2, or 3 years, or by both that fine and imprisonment. This bill would expand this crime to apply to an employee, public transportation provider, or contractor of a public transportation provider. By expanding the scope of an existing crime, the bill would impose a state-mandated local program. Existing law authorizes any employer or collective bargaining representative whose employee has suffered harassment, unlawful violence, or a credible threat of violence from any individual, which can reasonably be construed to be carried out or to have been carried out at the workplace, to seek a temporary restraining order and an injunction on behalf of the employee and other employees of the employer. This bill would clarify that "unlawful violence" includes battery committed against the person of an operator, driver, or passenger on a bus, taxicab, streetcar, cable car, trackless trolley, or other motor vehicle, as specified, or against an employee, public transportation provider, or contractor of a public transportation provider. The bill would also clarify that the definition of "employer" for the above-described provision includes a joint powers authority or a public transit operator. 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 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 establishes the Public Employment Relations Board (PERB) 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. Under existing law, PERB has the power and duty to investigate an unfair practice charge and to determine whether the charge is justified and the appropriate remedy for the unfair practice. Existing law, the federal National Labor Relations Act (NLRA) , establishes a comprehensive statutory scheme regulating unfair labor practices on the part of employers and labor organizations in industries affecting interstate commerce, and vests in the National Labor Relations Board (NLRB) the power to conduct elections to determine employee representatives and to prevent unfair labor practices affecting commerce. Existing law, the California Public Records Act, requires that public records, as defined, be available to the public for inspection and made promptly available to any person. This bill would expand PERB's jurisdiction by authorizing a worker, to petition PERB to protect and enforce prescribed rights under specified circumstances, including if the worker is employed in a position subject to the NLRA but the NLRB has expressly or impliedly ceded jurisdiction. The bill would authorize PERB to, among other things, decide unfair labor practice cases pursuant to a specified timeline and order all appropriate relief for a violation, including civil penalties, as prescribed. In order to pursue relief from PERB, the bill would require a covered worker or their representative to file an unfair practice charge or petition that includes specified information, including, where applicable, the original charge or petition filed with the NLRB. The bill would require PERB to hold the supporting documentation and evidence confidential and maintain it as part of its investigatory file and would exempt this documentation and evidence from the California Public Records Act. If PERB determines, among other things, it has insufficient resources to process certain cases or doing so would prevent it from meeting specified statutory deadlines, the bill would require PERB to process and prioritize charges, as specified. The bill would also establish the Public Employment Relations Board Enforcement Fund (fund) in the State Treasury, would require the above-described civil penalties to be deposited into the fund, and would make moneys in the fund available upon appropriation by the Legislature to PERB for the purpose of administering the above-specified provisions. The bill would authorize PERB to rely on its own decisions and precedent under the NLRA and would authorize review of its decisions by a state appellate court, as specified. Existing law, the Alatorre-Zenovich-Dunlap-Berman Agricultural Labor Relations Act of 1975, grants agricultural employees the right to form and join labor organizations and engage in collective bargaining, as specified, and prohibits agricultural employers and labor organizations from engaging in unfair labor practices. Those provisions establish the Agricultural Labor Relations Board (ALRB) and empower the ALRB to prevent any person from engaging in those practices. Existing law establishes various definitions for these purposes. Existing law requires the ALRB to follow applicable precedents of the NLRA. This bill would specify that the ALRB has exclusive jurisdiction in all phases of the administration of the act, and to determine whether any person or entity meets one or more of those definitions. The bill would instead authorize the board to follow applicable precedents of the NLRA, but would not obligate the board to follow precedents where the ALRB deems it inappropriate to do so. This bill would make related findings and declarations and would make its provisions severable. 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.
(1) Existing law provides that a provision of a memorandum of understanding reached between the state employer and a recognized employee organization representing state civil service employees that requires the expenditure of funds does not become effective unless approved by the Legislature in the annual Budget Act. Existing law requires the Department of Human Resources to provide a memorandum of understanding to the Legislative Analyst, who then has 10 calendar days from the date the tentative agreement is received to issue a fiscal analysis to the Legislature. Existing law prohibits the memorandum of understanding from being subject to legislative determination until either the Legislative Analyst has presented a fiscal analysis of the memorandum of understanding or until 10 calendar days have elapsed since the memorandum was received by the Legislative Analyst. This bill, notwithstanding the above-described statutory provisions, would approve provisions of the agreements entered into by the state employer and specified state bargaining units. The bill would provide that the provisions of the agreements that require the expenditure of funds will not take effect unless funds for these provisions are specifically appropriated by the Legislature. The bill would authorize the state employer or the bargaining units to reopen negotiations if funds for these provisions are not specifically appropriated by the Legislature. The bill would require the provisions of the agreement that require the expenditure of funds to become effective even if the provisions are approved by the Legislature in legislation other than the annual Budget Act. By approving provisions of the agreements that require the expenditure of funds, this bill would make an appropriation. (2) Existing law, for the 2026–27 fiscal year, continuously appropriates to the Controller from the General Fund unallocated special funds, including federal funds and unallocated nongovernmental cost funds, and any other fund from which state employees are compensated, the amount necessary for the payment and compensation and employee benefits to state employees covered by specified memoranda of understanding if the Budget Act of 2026 is not enacted by July 1, 2026. This bill would additionally include the memoranda of understanding for State Bargaining Unit 8 (effective July 1, 2024, to June 30, 2027, inclusive) and State Bargaining Unit 18 (effective July 1, 2025, to July 1, 2028, inclusive) . Existing law, for the 2027–28 fiscal year, continuously appropriates to the Controller from the General Fund unallocated special funds, including federal funds and unallocated nongovernmental cost funds, and any other fund from which state employees are compensated, the amount necessary for the payment and compensation and employee benefits to state employees covered by specified memoranda of understanding if the Budget Act of 2027 is not enacted by July 1, 2027. This bill would additionally include the memorandum of understanding for State Bargaining Unit 18 (effective July 1, 2025, to July 1, 2028, inclusive) . Existing law, for the 2028–29 fiscal year, continuously appropriates to the Controller from the General Fund unallocated special funds, including federal funds and unallocated nongovernmental cost funds, and any other fund from which state employees are compensated, the amount necessary for the payment and compensation and employee benefits to state employees covered by the memoranda of understanding for State Bargaining Unit 6 and State Bargaining Unit 16, if the Budget Act of 2028 is not enacted by July 1, 2028. This bill would additionally include the memorandum of understanding for State Bargaining Unit 18 (effective July 1, 2025, to July 1, 2028, inclusive) . (3) Existing law states that it is the policy of the state that the workweek of the state employee shall be 40 hours, and the workday of state employees 8 hours, except that workweeks and workdays of a different number of hours may be established in order to meet the varying needs of the different state agencies. Existing law also requires state employees in specified bargaining units, except as specified, from July 1, 2025, to June 30, 2027, inclusive, to participate in the Personal Leave Program 2025 (PLP 2025) , either as required by an applicable memorandum of understanding reached or by the direction of the department for excluded employees, under which each employee receives a reduction in pay not greater than certain listed amounts in exchange for a specified number of hours per month of PLP 2025 leave credits. This bill would also require state employees in State Bargaining Units 8, 10, and 18 to participate in the PLP 2025, either as required by an applicable memorandum of understanding or by the direction of the department for excluded employees, as prescribed. Under the program, in exchange for a reduction in pay not greater than certain listed amounts, those employees would receive monthly PLP 2025 leave credits, subject to certain exclusions. (4) The Public Employees' Retirement Law (PERL) creates the Public Employees' Retirement System for the purpose of providing public employees pension and other benefits, which are funded by employee and employer contributions and investment returns. Contributions and investment returns are deposited in the Public Employees' Retirement Fund, which is continuously appropriated for the payment of benefits and administration of the system. PERL vests management and control of PERS in its board of administration. PERL and labor agreements prescribe different normal rates of contribution for employees depending on bargaining unit, employer, and inclusion of service in the federal social security system, among other factors. Under PERL, effective July 1, 2021, the normal contribution rates for state miscellaneous or state industrial members who are represented by State Bargaining Unit 18 are adjusted in accordance with specified procedures based on changes in normal cost rates, as determined by the board. This bill would change the above-described effective date to July 1, 2027. The bill would also provide that, effective July 1, 2025, to June 30, 2027, specified employee contributions for state miscellaneous and industrial members represented by State Bargaining Unit 18 shall remain in place. Under PERL, effective July 1, 2021, the normal contribution rates for state safety members who are represented by State Bargaining Unit 18 are adjusted in accordance with specified procedures based on changes in normal cost rates, as determined by the board. This bill would change the above-described effective date to July 1, 2027. The bill would also provide that, effective July 1, 2025, to June 30, 2027, specified employee contributions for state safety members represented by State Bargaining Unit 18 shall remain in place. The bill would make other related and conforming changes to these provisions on normal cost rates. (5) The Public Employees' Medical and Hospital Care Act (PEMHCA) , which is administered by the Board of Administration of the Public Employees' Retirement System, prescribes methods for calculating the state employer contribution for postemployment health care benefits for eligible retired public employees and their families and for the vesting of these benefits. PEMHCA establishes the Annuitants' Health Care Coverage Fund, which is continuously appropriated, for the purpose of prefunding health care coverage for annuitants, including administrative costs. PEMHCA requires employees in State Bargaining Unit 10 to prefund retiree health care and requires the state to make a matching contribution. PEMHCA suspended the employees' monthly contribution for prefunding other postemployment benefits for the 2020–21 fiscal year for State Bargaining Unit 10. This bill would suspend the employee and employer monthly contribution for prefunding other postemployment benefits for State Bargaining Unit 10, effective the first day of the pay period following ratification by both parties, for the 2025–26 and 2026–2027 fiscal years. PEMHCA requires certain state employees in the judicial branch to make contributions to prefund retiree health care based on a specified schedule and requires the state to make a matching contribution. This bill would suspend the employee and employer monthly contribution for prefunding other postemployment benefits for those judicial branch employees, effective July 31, 2025, for the 2025–26 and 2026–2027 fiscal years. PEMHCA requires employees in State Bargaining Unit 18 to prefund retiree health care and requires the state to make a matching contribution. PEMHCA suspends the employee and employer monthly contribution for prefunding other postemployment benefits for the 2025–26 and 2026–27 fiscal years. This bill would provide that, effective July 1, 2027, the amount of the employee and employer contributions required to prefund retiree health care shall be based on a specified schedule, beginning with 1.5% of pensionable compensation on July 1, 2027, and increasing to 4.5 % of pensionable compensation on July 1, 2029. Beginning July 1, 2030, the bill would require both the employer and employee contribution percentages to be increased or decreased to maintain a 50% cost sharing of actuarially determined normal costs, as prescribed. The bill would make various related and conforming changes to those provisions on retiree health care costs. (6) The Budget Act of 2025 makes various appropriations for the purpose of employee compensation. This bill would revise specified Budget Act items, for a total increase of $14,597,000, pursuant to agreements reached between the state employer and State Bargaining Units 1, 3, 4, 5, 8, 10, 11, 14, 15, 17, 18, 20, and 21, in accordance with a specified schedule. (7) This bill would declare that it is to take effect immediately as a bill providing for appropriations related to the Budget Bill.
(1) Existing law establishes the In-Home Supportive Services (IHSS) program, which is administered by the State Department of Social Services, counties, and other entities, under which qualified aged, blind, or disabled persons are provided with supportive services in order to permit them to remain in their own homes. Existing law authorizes a county board of supervisors to elect to contract with a nonprofit consortium to provide for the delivery of in-home supportive services or to establish, by ordinance, a public authority to provide for the delivery of those services, in accordance with certain procedures. Existing law deems a public authority created under these provisions to be the employer of in-home supportive services personnel under the Meyers-Milias-Brown Act, which governs labor relations between local public employers and employees. Existing law also deems a nonprofit consortium contracting with a county to be the employer of in-home supportive services personnel for purposes of collective bargaining over wages, hours, and other terms and conditions of employment. Existing law grants recipients of in-home supportive services the right to hire, fire, and supervise the work of any in-home supportive services personnel providing services for them. Existing law prohibits the state and specified local public employers from deterring or discouraging public employees from becoming or remaining members of an employee organization. Existing law also requires specified public employers to provide exclusive employee representatives access to new employee orientations. Existing law generally grants the Public Employment Relations Board jurisdiction over violations of these provisions. Existing law defines "public employers" who are subject to these provisions as including, among others, public agencies, cities, counties, and districts. This bill would expand the definition of "public employer," for purposes of those provisions, to include an employer who is subject to the In-Home Supportive Services Employer-Employee Relations Act, which the bill would create. The bill would establish a method for resolving disputes regarding wages, benefits, and other terms and conditions of employment between the state and recognized employee organizations representing individual providers. The bill would provide for the right of employees, also known as individual providers under the act, to form, join, and participate in activities of employee organizations for the purposes of representation on all matters within the scope of employee organizations. The bill would define "employee" or "individual provider" for these purposes to mean a person authorized to provide in-home supportive services pursuant to the individual provider mode or waiver personal care services, as prescribed. This bill would, for purposes of collective bargaining, deem the state to be the employer of record of individual providers in each county. The bill would grant the in-home supportive services recipient with the right to hire, fire, and supervise the work of the individual providers providing services to them. Among other things, the bill would specify that individual providers employed by a predecessor agency before January 1, 2026, shall retain employee status and not be required by the state to requalify to receive payment for providing in-home supportive services. Among other things, for purposes of collective bargaining, this bill would provide that existing bargaining units consisting of individual providers in a single county that are represented by the same recognized employee organization shall be deemed merged into the largest possible multicounty bargaining units represented by that employee organization. In counties where no recognized employee organization exists as of January 1, 2026, the bill would specify that a bargaining unit consisting of all employees in that county shall be deemed an appropriate unit for collective bargaining. Under the bill, if individual providers in a county bargaining unit are represented by a recognized employee organization on January 1, 2026, the state would be deemed the successor employer of the predecessor agency for purposes of negotiating a collective bargaining agreement, subject to the obligation to meet and confer in good faith and meet other related legal requirements. This bill would require all recognized employee organizations, as of January 1, 2026, to negotiate jointly on behalf of all bargaining units they represent to reach a single memorandum of understanding with the employer. The bill would authorize the memorandum of understanding to contain addenda reflecting regional or county-level terms and conditions. The bill would establish procedures for voting and ratification of a memorandum of understanding, and for the employer to assume a predecessor agency's rights and obligations under a memorandum of understanding or agreement between a predecessor agency and a recognized employee organization that is in effect on January 1, 2026. This bill would prescribe the duties of the state under the bill, including requiring the Governor to meet and confer in good faith, and to follow specified procedures regarding collective bargaining. If an agreement is reached by a representative of the Governor and the recognized employee organizations, the bill would require those parties to jointly prepare a written memorandum of understanding and present it to the Legislature for determination by majority vote. The bill would require the Governor, for any side letter, appendix, or other addendum to a memorandum of understanding that requires the expenditure of $250,000 or more related to salary and benefits not included in the original memorandum or the Budget Act, to provide that to the Joint Legislative Budget Committee, as specified. The bill would also establish mediation and arbitration procedures that would apply when the parties fail to reach an agreement. This bill would make certain actions by an employer and other entities involved in administering the IHSS program unlawful, including imposing or threatening to impose reprisals on employees or otherwise interfering with the exercise of their rights. The bill would authorize the Public Employment Relations Board to adopt reasonable rules and regulations pursuant to the bill, including the adoption of emergency regulations, as prescribed. (2) Existing law requires the Controller to provide for the administration of payroll deductions and salary reductions, and authorizes the Controller to establish procedures for that purpose. This bill would require the Controller to honor a written authorization for payroll deductions executed by an employee before January 1, 2026, and to make deductions for payments of dues to a recognized employee organization pursuant to the bill consistent with the above-described payroll deduction procedures. (3) Existing law, the California Public Records Act, requires public records to be open to inspection at all times during the office hours of the state or local agency that retains those records, and provides that every person has a right to inspect any public record, except as provided. Existing law provides that certain information regarding persons paid by the state to provide in-home supportive services, or other related public services, are not subject to disclosure under those provisions. Existing law further provides that copies of names, addresses, home telephone numbers, and other identifying information are required to be made available, upon request, to an exclusive bargaining agent and to any employee organization seeking representation rights under specified collective bargaining provisions. This bill would, with respect to the above-described personal identifying information, instead require this information to be made available to the exclusive bargaining agent and any employee organization seeking representation under the bill. The bill would require the state, or a county, public authority, or nonprofit consortium organized pursuant to the IHSS program, to promptly make the information available to the requesting entity. This bill would revise the IHSS program provisions to require the state to assume responsibilities as set forth in the bill. The bill would also require a county or city and county to continue to have certain IHSS program-related functions set forth in county ordinance or contract performed in accordance with specified provisions. (4) Existing law requires prospective providers of in-home supportive services to complete an in-person provider orientation at the time of enrollment that is developed by the department, in consultation with counties, that includes requirements to be an eligible IHSS provider and other related matters. This bill additionally would require that in-person provider orientation include any other information required to be communicated to prospective providers by a memorandum of understanding, appendix, or side letter between recognized employee organizations and the state. Existing law requires a specified mediation process, including a factfinding panel recommending settlement terms, to be held if a public authority or nonprofit consortium and an employee organization fail to reach agreement on a bargaining contract with in-home supportive service (IHSS) workers on or after October 1, 2023. This bill would make that provision inoperative. The bill would also require the department to appoint an IHSS Advisory Committee to provide ongoing advice and recommendations regarding in-home supportive services, as specified. The bill would require the employer, prior to finalizing a memorandum of understanding with one or more organizations that are the designated representatives of in-home services providers, to consult with specified advisory committee representatives to obtain input on county and public authority programmatic and fiscal implications. Existing law requires the state and counties to share the annual cost of providing IHSS pursuant to a specified cost ratio. Existing law requires all counties to have a rebased County IHSS Maintenance of Effort (MOE) , and requires the rebased MOE to be adjusted only by an inflation factor of 4% and for the annualized cost of increases in provider wages, health benefits, or other benefits that are locally negotiated, mediated, or imposed, as prescribed. This bill would prohibit the rebased County IHSS MOE from being adjusted based on any provision of any memorandum of understanding, or addenda, appendices, or side letters thereto, between the state and recognized employee organizations. Existing law requires the state to pay 100% of the allowable nonfederal share of county administration and public authority administration costs for each county, until the county's share of the General Fund moneys appropriated for this purpose is exhausted, and then requires the county to pay 100% of the remaining nonfederal share of county administration and public authority administration costs, as specified. This bill would require the state to also pay 100% of the nonfederal share of county administration and public authority administration costs for each county of any administration costs resulting from the provisions of any memorandum of understanding, or addenda, appendices, or side letters thereto, between the state and recognized employee organizations. Existing law, the Bagley-Keene Open Meeting Act, requires, with specified exceptions, that all meetings of a state body be open and public. This bill would exempt the IHSS Advisory Committee from the act. This bill would make other related changes. By imposing new duties on local government officials, the bill would impose a state-mandated local program. (5) This bill would include findings that changes proposed by this bill address a matter of statewide concern and, therefore, apply to all counties. (6) The California Constitution requires local agencies, for the purpose of ensuring public access to the meetings of public bodies and the writings of public officials and agencies, to comply with a statutory enactment that amends or enacts laws relating to public records or open meetings and contains findings demonstrating that the enactment furthers the constitutional requirements relating to this purpose. This bill would make legislative findings to that effect. (7) 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. (8) 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 authorizes the Labor Commissioner to investigate employee complaints and to provide for a hearing in any action to recover wages, penalties, and other demands for compensation. Existing law requires the Labor Commissioner to determine all matters arising under the commissioner's jurisdiction. Existing law makes any employer or other person acting on behalf of an employer who violates or causes to be violated specified provisions regulating hours and days of work in any order of the Industrial Welfare Commission to be subject to a civil penalty, as specified. This bill would revise and recast the provisions relating to the process for the Labor Commissioner to investigate, hold a hearing, and make determinations relating to an employee's complaint. The bill would set forth timelines for the Labor Commissioner to notify parties of an employee complaint, as provided, and for the defendant to respond, as provided. The bill would require the Labor Commissioner, if the Labor Commissioner determines to prosecute the action or that no action will be taken, to notify the parties within 30 days of receipt of the defendant's answer. If the Labor Commissioner does not make either of those determinations, the bill would require the Labor Commissioner, within 90 days of receipt of the defendant's answer, to conduct an investigation of the employee complaint, make an estimated appraisal of the amount of wages, damages, penalties, expenses, and other compensation owed, and to determine all the parties liable for the assessment. The bill would set forth a process for the Labor Commissioner's investigation, assessment, and determination, including authorizing the Labor Commissioner to issue a subpoena for records and requiring the Labor Commissioner to issue a formal complaint. This bill would require the Labor Commissioner, within 90 days of the issuance of the formal complaint, to set a hearing date and would set forth procedures for the hearing. The bill would require the Labor Commissioner, within 15 days of the hearing, or upon a failure of the defendant to answer or appear, to file in the office of the Division of Labor Standards Enforcement a copy of the order, decision, or award. This bill would authorize the Labor Commissioner, in an order, decision, or award granted pursuant to specified provisions to impose an administrative fee of up to 30% of the award, as provided. The bill would require the administrative fee to be deposited into the Wage Recovery Fund, which would be created by the bill. The bill would require the money in the fund, upon appropriation, to be disbursed by the Labor Commissioner only to persons determined by the Labor Commissioner to have been damaged by the failure to pay wages and penalties and for other damages by an employer. The bill would require a disbursement to be made pursuant to a claim for recovery from the fund in accordance with procedures prescribed by the Labor Commissioner and would require any disbursed funds subsequently recovered by the Labor Commissioner from a liable party, as provided, to be returned to the fund. The bill would require the Labor Commissioner to waive any or all of the administrative fee upon request by a defendant, if specified conditions are met. This bill would classify an appeal filed in a superior court relating to the Labor Commissioner's order, decision, or award as an unlimited civil case. The bill would grant a court hearing the action jurisdiction over the entire wage dispute, including related wage claims not raised in front of the Labor Commissioner, but would prohibit the court from consolidating the action with any other actions not arising out of, or related to, the underlying order, decision, or award, absent an executed agreement in writing by all parties.
Existing law imposes certain requirements on grocery employers, as defined, upon the purchase or change in control of a grocery establishment, including requiring a successor grocery employer to retain eligible grocery workers for a specified period after transfer of the grocery establishment. This bill would prohibit a grocery retail store or a retail drug establishment, as those terms are defined, from providing a self-service checkout option for customers unless specified conditions are satisfied, including having at least one manual checkout station staffed by an employee who is available to any given customer at the time that a self-service checkout option is made available to that customer. This bill would require a grocery retail store or retail drug establishment that offers self-service checkout to include self-service checkout in the employer's illness and prevention program, as required by regulations of the Division of Occupational Safety and Health. The bill also would require a grocery retail store or retail drug establishment that intends to implement self-checkout to notify workers and their collective bargaining representatives at least 60 days in advance of the implementation, as specified. The bill would not preempt any city, county, or city and county ordinance that provides equal or greater protection to workers. This bill would make an employer who violates the bill's provisions subject to a civil penalty of $1,000 per violation per day, not to exceed an aggregate penalty of $200,000.
Existing law defines an assault as an unlawful attempt, coupled with present ability, to commit a violent injury upon the person of another. Existing law defines a battery as any willful and unlawful use of force or violence upon the person of another. Under existing law, an assault or battery committed against specified professionals engaged in the performance of their duties, including peace officers, firefighters, and emergency medical personnel, is punishable by imprisonment in a county jail not exceeding one year, by a fine not exceeding $2,000, or by both that fine and imprisonment. This bill would make an assault or battery committed against a utility worker, as defined, who is engaged in the performance of their duties punishable by imprisonment in a county jail not exceeding one year, by a fine not exceeding $2,000, or by both that fine and imprisonment. By expanding the scope of these crimes, 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 governs the admissibility of evidence in court proceedings and generally provides a privilege as to communications made in the course of certain relations, including the attorney-client, physician-patient, and psychotherapist-patient relationship, as specified. Under existing law, the right of any person to claim those evidentiary privileges is waived with respect to a communication protected by the privilege if any holder of the privilege, without coercion, has disclosed a significant part of the communication or has consented to a disclosure. This bill would establish a privilege between a union agent, as defined, and a represented employee or represented former employee to refuse to disclose any confidential communication between the employee or former employee and the union agent made while the union agent was acting in the union agent's representative capacity, except as specified. The bill would permit a represented employee or represented former employee to prevent another person from disclosing a privileged communication, except as specified. The bill would further provide that this privilege may be waived in accordance with existing law and does not apply in criminal proceedings.
Existing law establishes the Division of Occupational Safety and Health in the Department of Industrial Relations, and charges the division with the enforcement of various laws affecting safe working conditions, including the California Occupational Safety and Health Act of 1973. Existing law requires the Director of Industrial Relations to prepare and submit to the Legislature an annual report on the activities of the Division of Occupational Safety and Health, as specified. Existing law establishes the University of California, under the administration of the Regents of the University of California, as one of the segments of postsecondary education in the state. Existing law requires the Department of Industrial Relations to contract with the University of California, Los Angeles Labor Center, to conduct a study evaluating opportunities to improve worker safety and safeguard employment rights, as specified, and to convene an advisory committee to make recommendations regarding the scope of the study, as described. This bill would require the department, upon appropriation by the Legislature, to contract with the University of California, Berkeley Labor Occupational Health Program and the University of California, Los Angeles Labor Occupational Safety and Health Program to conduct a study to evaluate the understaffing and vacancies within the division and make recommendations to the department, the Department of Human Resources, and the Legislature on policies the state shall use to inform the consideration and establishment of career pathways to the Compliance Safety and Health Officer classification. The bill would authorize the University of California to subcontract the responsibility for conducting the study to other specified entities. The bill would require the University of California and its subcontractors, if any, to issue a report that includes certain information about the understaffing and vacancies of Compliance Safety and Health Officers within the division. The bill would further require the University of California to convene an advisory committee consisting of members from specified state agencies, worker advocacy organizations, other academic institutions, and other entities, as specified, to make recommendations regarding the scope of the above-described study, and provide specified findings and recommendations to the division, as prescribed. The bill would require the advisory committee, within 60 days of entering into the contract the University of California, to hold at least one meeting, and the department, 18 months after entering into the contract with the University of California, to post the completed report on the division's internet website and to forward the completed report to the members of the advisory committee, the Governor, and specified legislative committee chairs. The bill would define terms for these purposes, and include finding and declaration relating to these provisions.
Under existing law, it is the public policy of this state to encourage the utilization of apprenticeship as a form of on-the-job training, when such training is cost effective in developing skills needed to perform public services. Existing law requires state and local public agencies to make a diligent effort to establish apprenticeship programs for apprenticeable occupations in their respective workforces. Existing law requires the Commission on Teacher Credentialing to, among other duties, establish standards for the issuance and renewal of credentials. Existing law requires, as a minimum requirement for a preliminary multiple-subject, single-subject, or education specialist teaching credential, the satisfactory completion of a program of professional preparation, as specified. This bill would require the commission and the Division of Apprenticeship Standards to partner in the dissemination, approval, and monitoring of credentialed educator apprenticeship programs in California, and to communicate apprenticeship requirements to professional preparation programs, local educational agencies, and other potential sponsors of educator apprenticeship programs. The bill, notwithstanding any other law, would authorize the commission to issue apprenticeship certificates or permits to educator candidates without a credential who are employed by local educational agencies and participating in approved credentialed educator apprenticeship programs, as specified. The bill would authorize the commission and the division to enter into a memorandum of understanding to establish processes and procedures for information sharing, application review, and data collection and reporting, and would authorize the Chief of the Division of Apprenticeship Standards, in consultation with the commission, to issue rules and regulations that govern credentialed educator apprenticeship programs, including the approval and denial of programs, registration of agreements, program administration and procedures, evaluations, working conditions, and minimum standards, as specified. The bill would require an applicant for a new credentialed educator apprenticeship program or for the expansion of an existing credentialed educator apprenticeship program into a new geographic or credential area to submit specified documentation to the chief. The bill would require the division to present the apprenticeship program application to the commission for its review, as provided, and would require the commission, if it is satisfied that specified conditions have been met, to provide written notice of that fact to the chief.
