Labor & Employment (Workforce Development)

The Labor Code Private Attorneys General Act of 2004 (PAGA) 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. Before a civil action alleging certain violations of the Labor Code by an aggrieved employee pursuant to PAGA commences, PAGA requires the aggrieved employee or representative to give written notice by online filing with the Labor and Workforce Development Agency and by certified mail to the employer of the specific provisions of the Labor Code alleged to have been violated, including the facts and theories to support the alleged violation, and requires that notice and any response to that notice by the employer to be accompanied by a filing fee of $75, as specified. This bill would exempt a nonprofit organization exempt from federal income taxation pursuant to Section 501(c) (3) of the Internal Revenue Code of 1986 from the requirement to pay those filing fees.

Existing law establishes the Department of Industrial Relations in the Labor and Workforce Development Agency and provides that one of the functions of the department is to foster, promote, and develop the welfare of the wage earners of California, to improve their working conditions, and to advance their opportunities for profitable employment. This bill would require the department, in consultation with the Department of Managed Health Care, the Department of Insurance, the Department of Health Care Access and Information, and the Office of Health Care Affordability, to conduct a comparable worth study to examine and compare compensation and reimbursement for behavioral health providers with compensation and reimbursement for similarly situated medical-surgical providers. The bill would require the study to analyze compensation and reimbursement across specified payment flows, including payments made by health care service plans and health insurers directly to behavioral health providers and medical-surgical providers, and payments made to intermediaries and health systems for behavioral health services and medical-surgical services. The bill would require the department to take certain actions in conducting the study, including developing a methodology for determining which behavioral health provider roles are comparable to which medical-surgical provider roles. The bill would require a health care service plan or health insurer to report certain data to the department with respect to payments made directly to providers and payments made to intermediaries and health systems. The bill would also require specified intermediaries and health systems to report certain data to the department relating to payments received and payments made. The bill would make an entity that fails to comply with the reporting requirements subject to civil penalty, as prescribed. The bill would require the department and the other state entities listed above to protect the confidentiality of any propriety or commercially sensitive information submitted pursuant to the bill, as provided. The bill would require the department, on or before January 1, 2028, to submit a report to the Legislature containing the findings of the study. 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, until July 1, 2027, the Displaced Oil and Gas Worker Pilot Program, to be administered by the Employment Development Department (department) , for the purpose of addressing employment dislocations associated with oil, gas, and related industries. That program requires the department, using funds to be appropriated by the Legislature for purposes of the program, to award grants on a competitive basis to qualified applicants, as specified, for specified eligible activities. This bill would extend the program indefinitely by removing the July 1, 2027, repeal date. The bill would require the department to implement and administer the program only to the extent that funding is appropriated by the Legislature, as specified.

Existing law establishes the California Workforce Development Board as the body responsible for assisting the Governor in the development, oversight, and continuous improvement of California's workforce investment system and the alignment of the education and workforce investment systems to the needs of the 21st century economy and workforce. Existing law requires the board to assist the Governor in specified activities for this purpose. Existing law requires each local workforce development board to develop and submit to the Governor a comprehensive 4-year local plan and to establish at least one full service one-stop career center, as specified. This bill would require the California Workforce Development Board to develop a workplace rights curriculum in partnership with subject matter experts and would require the local boards to ensure provision of a workplace rights training consistent with that curriculum to individuals receiving services through the California workforce system. The bill would require each local plan to include a description of how the local board plans to comply with this training requirement. The bill would state the intent of the Legislature to provide this training to individuals receiving services through the one-stop system, as specified. The bill would require the California Workforce Development Board, in partnership with the Employment Development Department and the Labor and Workforce Development Agency, to ensure local compliance with these provisions. By imposing new requirements on local workforce development boards, this bill would impose a state-mandated local program. The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement. This bill would provide that, if the Commission on State Mandates determines that the bill contains costs mandated by the state, reimbursement for those costs shall be made pursuant to the statutory provisions noted above.

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, 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.

(1) Existing law establishes the Department of Industrial Relations, which includes the Division of Occupational Safety and Health. Existing law requires the division to investigate the causes of any employment accident that is fatal to one or more employees or that results in a serious injury, illness, or exposure, except as specified. Existing law requires the chief of the division and all qualified inspectors and investigators authorized by the chief to have free access to any place of employment to investigate and inspect and sets forth various other duties related to investigation and inspection, as specified. This bill would make it a misdemeanor to willfully resist, prevent, impede, or interfere with the chief or their authorized representative in the performance of the above-described duties or to willfully violate an order of the court relating to those duties. By creating a new crime, this bill would impose a state-mandated local program. Existing law makes it a public offense for any employer or any employee having direction, management, control, or custody of any employment, place of employment, or of any other employee who willfully violates any occupational safety or health standard, order, special order, if that violation caused death or permanent or prolonged impairment to the body of an employee, as specified. This bill would additionally make it a public offense if that violation caused serious injury, illness, or exposure. By expanding the scope of an existing crime, this bill would impose a state-mandated local program. (2) Existing law makes the Bureau of Investigations within the Division of Occupational Safety and Health responsible for directing accident investigations involving violations of laws, standards, and orders in which there is a serious injury to 5 or more employees, death, or request for prosecution by a division representative. Existing law requires the bureau to review inspection reports involving a serious violation if there have been serious injuries to one to 4 employees or a serious exposure, and authorizes the bureau to investigate cases for the purpose of prosecution, as specified. Existing law requires the bureau to refer the results of investigations it is required to conduct to the appropriate prosecuting authority having jurisdiction for appropriate action unless it determines that there is legally insufficient evidence of a violation of the law. This bill would revise and recast these requirements to, among other things, additionally require the bureau to investigate any accident in which there is a serious injury, illness, or exposure for which the division issues a citation for a willful violation. The bill would require the bureau to establish written policies and procedures for reviewing cases and deciding whether to investigate or refer them for prosecution. The bill would also require the division to establish a routine or automated process for transmitting information to the bureau about incidents with serious injuries, illnesses, or exposures so that the bureau can review them. Existing law authorizes the department, upon the request of a county district attorney, to develop a protocol for the referral of cases that may involve criminal conduct to the appropriate prosecuting authority in lieu of or in cooperation with an investigation by the bureau. This bill would require the division to immediately notify the appropriate prosecuting authority upon learning of an accident in which there is a serious injury, illness, or exposure to 5 or more employees, death, or request for prosecution by a division representative. The bill would delete the above-described provisions regarding developing a protocol and would instead authorize the bureau, upon request of an appropriate prosecuting authority, to refer cases that may involve criminal conduct to the appropriate prosecuting authority, as specified. The bill would require the bureau and the division, in cases accepted for investigation, to cooperate with the prosecuting authority. Existing law requires the bureau to submit an annual report to the division on its activities. This bill would additionally require the report to be submitted to the Legislature and to include information relating to certain cases involving a fatality that are referred by the bureau to the appropriate prosecuting authority, as specified. The bill would make the specifics of that information confidential. (3) Existing law requires all information reported to or otherwise obtained by the Chief of the Division of Occupational Safety and Health or representatives of the chief in connection with any inspection or proceeding of the division that contains or that might reveal a trade secret to be considered confidential, except that this information may be disclosed to other officers or employees of the division concerned with carrying out the purposes of the division or when relevant in any proceeding of the division, as specified. This bill would revise the above-described exception to also permit this information to be disclosed to law enforcement officers or prosecutors in any law enforcement investigation or prosecution. Existing law requires the responding agency, whenever a state, county, or local fire or police agency is called to an accident involving an employee covered by the California Occupational Safety and Health Act of 1973 in which a serious injury or illness, or death occurs, to immediately notify the nearest division office. Existing law then requires the division to immediately notify the appropriate prosecuting authority of the accident. This bill would expand this requirement to include an accident in which a serious exposure occurs. The bill would also require the responding agency to immediately notify the district attorney's office in the county where the accident occurred. The bill would additionally require the division to immediately notify the bureau, and the district attorney's office or other appropriate prosecuting authority, of the accident, whether the division received notification by the responding agency, the employer, or by other means. The bill would make other related and conforming changes to those provisions. (4) 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. (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.

Existing law, the Song-Brown Health Care Workforce Training Act, declares the intent of the Legislature to increase the number of students and residents receiving quality education and training in specified primary care specialties and as primary care physician's assistants, primary care nurse practitioners, and registered nurses. This bill would require the Department of Health Care Access and Information to maintain a New Nursing Graduate Support and Placement Program to award program grants to community college associate degree of nursing programs, through which support grants would be awarded to recent graduates for loan repayment assistance, relocation, transportation, housing assistance, childcare, and other financial support. The bill would specify grant eligibility criteria for community colleges and recent graduates. The bill would require the department to consider labor standards of hospital sites that employ support grant applicants when determining grant distribution. Implementation of these provisions would be contingent upon appropriation by the Legislature. This bill would also express the intent of the Legislature to support and strengthen existing programs that train registered nurses under the Song-Brown Health Care Workforce Training Act.

The California Workforce Innovation and Opportunity Act establishes the California Workforce Development Board to assist the Governor in the development, oversight, and continuous improvement of California's workforce investment system and the alignment of the education and workforce investment systems to the needs of the 21st century economy and workforce. Existing law requires the board to administer, promote, expand, and provide field assistance for high road training partnerships, defined as an initiative or project that models strategies for developing industry-based, worker-focused training partnerships, including labor-management partnerships. Existing law requires high road training partnerships to demonstrate job quality standards and employment practices that include, among other things, adoption of mechanisms to include worker voice and agency in the workplace. This bill would require the board, when awarding grants for a high road training partnership program or any successor program, to provide a scoring preference to an applicant that is either a bona fide labor-management cooperation committee, as defined, or is an entity applying on behalf of, or in cooperation with, a bona fide labor-management cooperation committee, as specified. The bill would require the board to determine the amount of the scoring preference provided and to incorporate that preference into program guidelines and grant solicitations.

This measure would declare the month of March 2026 to be March4Water Month in California and would encourage all residents, businesses, and local leaders to participate in activities and programs that promote water efficiency, support workforce development in the water sector, and prioritize water solutions as essential investments in the state's economic future.