The Labor Code Private Attorneys General Act of 2004 authorizes an aggrieved employee, as defined, to bring a civil action on behalf of that employee, and other current or former employees against whom a violation of the same provision of the Labor Code was committed, to enforce a violation of any provision of the Labor Code that provides for a civil penalty to be assessed and collected by the Labor and Workforce Development Agency, as specified, pursuant to certain notice and cure provisions, as prescribed. In a civil action under the act, existing law caps the civil penalty that may be recovered at 15%, if, prior to receiving the notice of violation, or prior to receiving a certain request for records from the aggrieved employee or the employee's counsel, the employer has taken all reasonable steps to be in compliance with all provisions identified in the notice, as specified. Similarly, existing law caps the civil penalty at 30% if within 60 days of receiving the notice of violation, the employer has taken all reasonable steps to prospectively be in compliance with all provisions identified in the notice. The act requires an evaluation of whether the employer's conduct was reasonable to be based on a totality of the circumstances. This bill would specify certain practices that may support a finding that the employer took all reasonable steps. Notwithstanding the above-described totality of the circumstances evaluation requirement, the bill would create a rebuttable presumption that the employer took all reasonable steps if they comply with specified compliance activities within the 24 months preceding the alleged violation period, provide documentation to the Labor and Workforce Development Agency, and certify under penalty of perjury that the violation has been cured, as specified. By expanding the scope of the existing crime of perjury, 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 the Division of Labor Standards Enforcement within the Department of Industrial Relations to administer and enforce various laws relating to employment and working conditions. This bill would require an employer to provide a written notice to a worker that a workplace AI tool, as defined, was used to assist the employer in making employment-related decisions or to surveil workers in the workplace. The bill would require the notice to be given to a worker within a specified time and would require the notice to contain specified information, including the specific employment-related decisions likely to be affected by the use of the workplace AI tool. The bill would require an employer to maintain an updated list of all workplace AI tools currently in use and their impact on jobs, as specified, and to provide the list to workers annually. The bill would provide for enforcement by the Labor Commissioner or a public prosecutor, and alternatively would authorize any worker who has suffered damages, or their exclusive representative, to file a civil action for damages caused by the adverse action. The bill would establish remedies and penalties for violations, including a penalty of up to $500 for each violation. The bill would include findings that changes proposed by this bill address a matter of statewide concern rather than a municipal affair and, therefore, apply to all cities, including charter cities.
(1) The United States and California Constitutions guarantee all persons the right to equal protection of the laws. The California Constitution further recognizes the right of all persons to pursue and obtain safety, happiness, and privacy, guarantees an individual's reproductive freedom in their most intimate decisions, and prohibits disqualification of a person from entering or pursuing a business, profession, vocation, or employment because of, among other things, sex. This bill would require, under all state laws, that any provision that prohibits discrimination on the basis of sex, discrimination on the basis of gender, or similar discrimination be interpreted to prohibit sex discrimination. The bill would define "sex discrimination" to include, among other things, discrimination based on any of specified actual or perceived characteristics or actions, including based on degree of conformity to sex or gender stereotypes. This bill would provide that this interpretation reflects the existing protections of specified state constitutional laws, as described above. The bill would require these provisions to be liberally construed to effectuate the purposes of these constitutional protections. The bill would make related findings and declarations. (2) Existing law, the Unruh Civil Rights Act (act) , provides that all persons within the jurisdiction of this state are entitled to full and equal accommodations, advantages, facilities, privileges, or services in all business establishments regardless of their sex, race, color, religion, ancestry, national origin, disability status, medical condition, genetic information, marital status, sexual orientation, citizenship, primary language, or immigration status. That act defines "sex" to include, among other things, pregnancy, childbirth, or medical conditions related to pregnancy or childbirth. This bill would further define, for purposes of the act, "sex" to include any characteristics set forth under the above-described definition of "sex discrimination." (3) Existing law, the California Fair Employment and Housing Act (FEHA) , makes certain discriminatory employment and housing practices unlawful, and authorizes a person claiming to be aggrieved by an alleged unlawful practice to file a verified complaint with the Civil Rights Department. The FEHA defines various terms in connection with unlawful practices, including the term "sex." This bill would further define "sex" to include any characteristics set forth under the above-described definition of "sex discrimination." (4) This bill would incorporate additional changes to Section 51 of the Civil Code proposed by AB 1940 to be operative only if this bill and AB 1940 are enacted and this bill is enacted last. This bill would incorporate additional changes to Section 12926 of the Government Code proposed by AB 1940 to be operative only if this bill and AB 1940 are enacted and this bill is enacted last. (5) This bill would include certain provisions that become operative only if AB 1940 is enacted and takes effect on or before January 1, 2027, and amends Section 12926 of the Government Code. In that regard, the bill would expand the above-described definition of "sex discrimination" to include discrimination based on actual or perceived perimenopause, menopause, or postmenopause or medical conditions related to perimenopause, menopause, and postmenopause.
The California Fair Employment and Housing Act makes specified employment practices unlawful, including the harassment of an employee directly by the employer or indirectly by agents of the employer with the employer's knowledge. Under existing law, the Civil Rights Department administers these provisions. Existing law requires a specified employer with 5 or more employees to, by January 1, 2021, provide at least 2 hours of classroom or other effective interactive training and education regarding sexual harassment to all supervisory employees and at least one hour of classroom or other effective interactive training and education regarding sexual harassment to all nonsupervisory employees in California and, after that date, once every 2 years. Existing law requires an employer to include prevention of abusive conduct as a component of that training and education. This bill would additionally require that, beginning January 1, 2028, the above-described training and education include, as a component of the training and education, anti-hate speech training, as specified.
(1) Under existing law, a person is prohibited from using or operating, on or near specified lands during a time of the year when burning permits are required, a motor engine, boiler, stationary equipment, welding equipment, cutting torches, tarpots, or grinding devices from which a spark, fire, or flame may originate without complying with specified requirements, including the requirement to maintain one serviceable round point shovel and one backpack pump water-type fire extinguisher fully equipped and ready for use at the immediate area during the operation. Existing law prohibits a person, except a member of an emergency crew or except the driver or owner of a service vehicle owned or operated by or for, or operated under contract with, a publicly or privately owned utility, as provided, from using or operating any vehicle, machine, tool, or equipment powered by an internal combustion engine operated on hydrocarbon fuels in an industrial operation located on specified land between April 1 and December 1 of any year, or at any other time when ground litter and vegetation will sustain combustion permitting the spread of fire, without providing and maintaining, for firefighting purposes only, suitable and serviceable tools in a fire toolbox in specified amounts, manners, and locations. Under existing law, a violation of these provisions is a crime. This bill would revise and recast those provisions by, among other things, instead requiring a person to maintain at least one backpack pump-type fire extinguisher fully equipped and ready for use, and a sufficient number of serviceable round point shovels so that each person at the operation can be equipped to fight fire, within the operating area, at a point accessible in the event of fire. The bill would require these fire tools to be no farther than 25 feet from the motor, engine, boiler, stationary equipment, welding equipment, cutting torches, tarpots, or grinding devices, with unrestricted access for the operator. The bill would provide that these requirements do not apply to a person operating a motorized vehicle to work on, clear, or grade any land in or near specified lands during any time of the year when burning permits are required, and would instead require the person to have in or affixed to the motor vehicle and ready for immediate use one serviceable round point shovel and one fully equipped fire extinguisher. The bill would eliminate the above-described exception from these provisions for a member of an emergency crew and the driver and owner a service vehicle owned or operated by or for, or operated under contract with, a publicly or privately owned utility. For these purposes the bill would define a person to mean a natural person, partnership, firm, association, corporation, limited liability company, or other legal entity. By expanding the scope of a crime, this bill would impose a state-mandated local program. This bill would, for purposes of the above-described requirement to maintain at least one backpack pump-type fire extinguisher and a sufficient number of serviceable round point shovels, require the State Board of Forestry and Fire Protection (board) to define the terms "operating area" and "point accessible in the event of a fire," and to develop requirements for the provision of suitable firefighting tools, as applied to rangeland operations on rangeland conducted by a rangeland operator, as provided. This bill would, as applied to timber operations on timberland conducted by a timber operator, require the board to adopt emergency regulations pursuant to the Administrative Procedure Act that (A) define the terms "operating area" and "point accessible in the event of a fire," (B) define the necessary number and types of tools needed in the fire toolbox, and (C) develop requirements for clearing areas around the operation and for the provision of suitable firefighting tools, as provided. (2) Existing law prohibits a person from using or operating on specified lands an internal combustion engine and a handheld portable, multiposition, internal combustion engine, as provided. Existing law prohibits a person from selling, offering for sale, leasing, or renting to a person an internal combustion engine unless the person provides a written notice to the purchaser or bailee, at the time of sale or at the time of entering into the lease or rental contract, stating that it is violation of law to use or operate the engine on specified types of land unless the engine is equipped with a spark arrester or the engine is constructed, equipped, and maintained for the prevention of fire, as provided. A violation of these provisions is a crime. Existing law also prohibits a person from selling, offering for sale, leasing, or renting any equipment powered by an internal combustion engine unless it has a permanent warning label attached that is in plain view to the operator that includes a specified warning. A violation of this provision is an infraction punishable by a fine of not more $100. This bill would, for purposes of the above-described provisions, define "person" to mean a natural person, partnership, firm, association, corporation, limited liability company, or other legal entity. By expanding the scope of a crime, this bill would impose a state-mandated program. (3) Existing law prohibits a person, during any time of the year when burning permits are required, as provided, from using, operating, or causing to be operated in the area a portable saw, augur, drill, tamper, or other portable tool powered by a gasoline-fueled internal combustion engine on or near specified land within 25 feet of any flammable material, without providing and maintaining at the immediate locations of use or operation of the saw or tool, for firefighting purposes, one serviceable round point shovel or one serviceable fire extinguisher, as specified. Under existing law, a violation of these provisions is a crime. This bill would define a person for these purposes to mean a natural person, partnership, firm, association, corporation, limited liability company, or other legal entity. By expanding the scope of a crime, this bill would impose a state-mandated local program. (4) Existing law prohibits, during any time of the year when burning permits are required in specified areas, as provided, a person, copartnership, firm, corporation, or company from using or operating in the area a steam-operated engine, machine equipment, mill, or industrial plant, located on specified lands, without providing one adequate force pump or water under pressure equivalent to a pump, and not less than 200 feet of hose, as provided. Under existing law, a violation of this provision is a crime. This bill would instead apply the above-described prohibitions to a natural person, partnership, firm, association, corporation, limited liability company, or other legal entity. By expanding the scope of a crime, the bill would impose a state-mandated local program. (5) 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. (6) This bill would incorporate additional changes to Section 4442 of the Public Resources Code proposed by SB 1167 to be operative only if this bill and SB 1167 are enacted and this bill is enacted last.
Existing law requires a skilled and trained workforce to be used in the construction, alteration, demolition, installation, repair, or maintenance work of certain public works and privately-owned facilities engaged in certain petroleum-related activities, manufacturing hydrogen, biofuels, or certain specified chemicals, or capturing, sequestering, or using carbon dioxide, as specified. Existing law defines "skilled and trained workforce" to include, among other criteria, skilled journeypersons who are paid at least a rate equivalent to the applicable prevailing hourly wage rate. This bill would require an owner, operator, or developer of a facility that will be used for the research, development, or production of pharmaceutical products to, when contracting for the performance of construction, alteration, demolition, installation, repair, or maintenance work on the facility, require that its contractors and subcontractors use a skilled and trained workforce to perform all onsite work within an apprenticeable occupation in the building and construction trades, and would require all contractors and subcontractors performing the work to use a skilled and trained workforce. The bill would require the owner, operator, or developer of the facility to provide to the Labor Commissioner a monthly report demonstrating compliance with the bill's provisions that includes, among other things, the full name and other identifying information relating to each worker relied on to satisfy the apprenticeship graduation percentage requirements. If the Labor Commissioner determines that a contractor or subcontractor failed to use a skilled and trained workforce, the bill would require the contractor or subcontractor to forfeit, as a civil penalty to the state, up to $5,000 per month of work performed for a first violation, and, for a second or subsequent violation, up to $10,000 per month of work performed. The bill would authorize the Labor Commissioner to reduce or waive the penalty under specified circumstances.
Existing law, the Private Security Services Act, provides for the licensure and regulation of, among others, security guards by the Bureau of Security and Investigative Services. Existing law requires a security guard registrant to complete not less than 32 hours of training in security officer skills within 6 months from the date an initial registration is issued and requires a security guard registrant to complete 16 of the 32 hours within 30 days from the date the registration is issued, except as specified. Existing law requires a security guard registrant to complete a course in the exercise of the power to arrest and the appropriate use of force as a condition for registration issuance. This bill would, notwithstanding those provisions, allow a registrant who has completed a course in the exercise of the power to arrest and the appropriate use of force to complete the training in security officer skills before registration is issued. Existing law, the Proprietary Security Services Act, provides for the registration and regulation of proprietary private security officers by the Department of Consumer Affairs. Existing law requires a proprietary private security officer registrant to complete a training in security officer skills within 6 months from the date of registration issuance, or within 6 months of employment by a proprietary private security employer. Existing law requires the department to develop and establish a standard course and curriculum, including the minimum hours of instruction, for the security officer skills training. This bill would, notwithstanding those provisions, allow a registrant who has completed a course in the exercise of the power to arrest and the appropriate use of force to complete the training in security officer skills before registration is issued. This bill would incorporate additional changes to Sections 7574.18 and 7583.6 of the Business and Professions Code proposed by SB 1203 to be operative only if this bill and SB 1203 are enacted and this bill is enacted last.
This measure would proclaim July 21, 2026, as Black Women's Equal Pay Day in recognition of the need to eliminate the gender gap in earnings by African American women and to promote policies to ensure equal pay for all.
Existing law establishes the California Work Opportunity and Responsibility to Kids (CalWORKs) program, under which each county provides cash assistance and other benefits to qualified low-income families and individuals using federal, state, and county funds. Existing law establishes the CalWORKs Recipients Education Program (program) in the California Community Colleges under which community college districts are required to provide educational services and special services to recipients of aid under CalWORKs who are attending a community college, to the extent funding is provided in the annual Budget Act. Existing law requires special services for CalWORKs recipients to assist CalWORKs recipient students and those students transitioning off of CalWORKs in achieving long-term self-sufficiency through coordinated student services offered at a community college. Existing law authorizes those special services to include workstudy. Existing law prohibits program payments to an employer for workstudy from exceeding 75% of the wage for the workstudy positions and requires an employer to pay at least 25% of the wage for the workstudy positions. This bill would add direct aid designed to meet basic needs and services, as described, as a special service for which program funds may be used. The bill would also require special services for CalWORKs recipients to assist CalWORKs recipient students and those students transitioning off of CalWORKs in achieving economic mobility through coordinated student services offered at a community college. The bill would authorize programs to waive the requirement that an employer pay at least 25% of the wage for workstudy positions if the number of on-campus and off-campus workstudy positions will not decrease. By expanding program services, the 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 requires every state agency to develop and implement a telecommuting plan as part of its telecommuting program in work areas where telecommuting is identified as being both practical and beneficial to the organization. Existing law requires the Department of General Services to establish a unit for purposes of overseeing telecommuting programs that is required to, among other things, develop and update policy, procedures, and guidelines to assist agencies in the planning and implementation of telecommuting programs. Existing law requires the department to establish criteria for evaluating the state's telecommuting program. Existing law defines "telecommuting" for purposes of those provisions. This bill would revise and recast those provisions. The bill would replace the term "telecommuting" with "telework," as defined. The bill would also require the Department of General Services to establish a telework dashboard that displays the cost-effectiveness and efficiency benefits of state telework programs, including documenting annual savings to the state of reduced office space and operating costs. The bill would additionally require each state agency, every 10 years, to evaluate its telework program to ensure that it aligns with the state agency's unique operational needs to carry out its programmatic missions and to help recruit and retain a qualified workforce. This bill would declare that it is to take effect immediately as an urgency statute.
