The 2013-2014 California legislative session was completed early Saturday morning amid a flurry of final action on bills. The focus now shifts as the Governor will decide the fate of the bills that were passed. Below is a snapshot of key labor and employment bills that WG has been lobbying on behalf of our members.
SB 25 (Steinberg) -- Oppose: This bill was recently amended, with most of its contents removed. The remaining provision effectively denies due process to agricultural employers under the Agricultural Labor Relations Act by raising the standard of proof an employer must meet in order to obtain a stay of implementation of a contract imposed by a state mediator. In order to obtain a stay, an employer would have to prove to the court that there is clear and convincing evidence of irreparable harm if the contract were to be implemented and that the employer would have a likelihood of success on appeal. WG and other ag organizations are requesting that SB 25 be vetoed.
AB 2416 (Stone) -- Oppose: AB 2416 would allow employees and employees’ representatives to file pre-judgment wage liens against the real and personal property of an employer. The real and unintended consequences of AB 2416 would be to unfairly burden California property owners and businesses with meritless wage liens on their property. The bill failed passage in the Senate.
AB 1897 (Hernandez) -- Oppose: This bill would unfairly impose significant liability onto an innocent third-party employer for the wage and hour obligations, the failure to obtain valid workers’ compensation coverage, and the failure to provide a safe work environment of a labor contractor even though the third-party employer does not control the contractor. WG and a large business coalition are requesting that AB 1897 be vetoed.
AB 1660 (Alejo) -- Support: AB 1660 is follow-up legislation to AB 60 from last year that granted the ability for immigrants without a valid social security number to apply for a driver’s license. WG strongly supported AB 1660 because it includes clarification that an employer will not be in violation of California law if they take an action required by the federal Immigration and Nationality Act. The bill passed and WG is requesting that it be signed by the Governor.
AB 1522 (Gonzalez) -- Oppose: This bill would provide that an employee who works in California for 30 or more days within a year of beginning employment is entitled to paid sick days. An employer would be able to limit the employee’s use of sick time to three days per year and total sick time accrual may be limited to 48 hours. Amendments made in the final day of session limit an employer’s exposure to penalties and liquidated damages due to an isolated and unintentional payroll error. The bill passed and the Governor has indicated he will sign it into law.
Please contact WGs’ Matthew Allen at (916) 446-1435 for more information.
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