.

State of California
Department of Industrial Relations

P. O. Box 420603
San Francisco, CA 94142
Sacramento - Office of the Director
916-324-4163

2000
LEGISLATIVE SUMMARY

Click here for 1999 Legislative Summary

Stephen J. Smith
Director


TABLE OF CONTENTS

Farm Labor Contractors
. .
Bill 
Number
Author Chapter
Number
Subject
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AB 1338 Reyes 00-917 Farm Labor Contractor: Licenses
AB 2707 Florez 00-877 Farm Labor Contractors 
AB 602 Florez 00-308 Farm Labor Vehicles
AB 2862 Romero Vetoed Farm Labor Contractors
.
Wages, Hours and Working Conditions
.
Bill 
Number
Author Chapter
Number
Subject
.
AB 1599 Torlakson 00-598 Labor; Youth Employment-Safety
AB 2357 Honda 00-487 Victims of Domestic Violence Employment Leave Act
AB 2509 Steinberg 00-876 Employment: Labor Law Violations
AB 2535 Oller 00-361 Volunteer Firefighters
SB 88 Sher 00-492 Overtime
SB 945 Vasconcellos 00-365 Employment
SB 1305 Figueroa 00-990 Employer Indemnification: Interest
SB 1327 Escutia 00-886 Employees: Inspection of Personnel Records
SB 1353 Rainey  00-224 Employees: Reserve Peace Officers and Emergency Rescue Personnel
AB 2760 Wesson Vetoed Horseracing
SB 1097 Hayden Vetoed Car Washing and Polishing
SB 1566 Hayden Vetoed Working conditions: International Trade Agreements
.
Public Works and Prevailing Wages
.
Bill 
Number
Author Chapter
Number
Subject
AB 1646 Steinberg 00-954 Public Works: Payments
AB 2513 Shelley 00-970 Prevailing Wages: Violations
AB 2557 Margett 00-760 Public Works: Payment of Bonds
SB 1999 Burton 00-881 Definition of Construction for Prevailing Wage Obligations
AB 2088 Reyes Vetoed Public Works: Prevailing Wages
AB 2783 Villaraigosa Vetoed Public Works: Prevailing Wages
.
Workers’ Compensation
.
Bill 
Number
Author Chapter
Number
Subject
AB 776 Calderon 00-54 Medical Evaluators: Reappointment
AB 1883 Lowenthal 00-920 Disability Benefits for Airport Law Enforcement and Harbor and Port Police
AB 2043 Maddox 00-883

Workers’ Compensation: Peace Officers and Firefighters: Meningitis

SB 32 Peace 00-490 Workers’ Compensation: Law Enforcement; Hepatitis
SB 1785 Figueroa 00-318 Workers’ Compensation: Data collection: Standards
SB 1820 Burton 00-887 Worker’s Compensation: Cancer: Peace Officers and Safety Officers
SB 2081 Alarcon 00-929 Workers’ Compensation: Disability Benefits
AB 1124 Havice Vetoed Workers’ Compensation: Custody Assistants; Disability
SB 996 Johnston Vetoed Workers' Compensation: Administration and benefits
.
Other Significant Legislation
.
Bill 
Number
Author Chapter
Number
Subject
AB 2410 Machado 00-885  State Employees: Wages
AB 2481 Romero 00-875 Apprentice Employment: Contractor Violations
.
Other Legislation
.
Bill 
Number
Author Chapter
Number
Subject
AB 1889 Cedillo 00-872 State Funds: Unionization
AB 2860 Keuhl 00-878 Talent Services
SB 1272 Ortiz 00-493 Community Health Care Workers: Violence Reports
.
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Effective Date of Legislation is January 1, 2001
(Unless Otherwise Specified)


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.Farm Labor Contractors

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Bill 
Number
Author Chapter
Number
Subject
.
AB 1338 Reyes 00-917
Farm Labor Contractors: Licenses
  

This bill makes changes to the farm labor contractor licensing laws and registration requirements. Among it provisions, this bill:

  1. Authorizes the Labor Commissioner of the Department of Industrial Relations to establish a Farm Labor Contractor Special Enforcement Unit in Fresno, California;
  2. Establishes higher surety bond requirements that correspond to the farm labor contractor's annual payroll for all employees;
  3. Increases the annual license fee from $350 to $500.
  4. Provides that $50 of every annual license fee be deposited into the Farmworker Remedial Account;
  5. Deletes the $10,000 limitation upon a disbursal of funds by the Labor Commissioner to satisfy a claim against an unlicensed contractor;
  6. Permits the Labor Commissioner to pay farm workers from the Farmworker Remedial Account if the contractor's nonpayment was due to the failure of a grower or packer to pay the contractor;
  7. Requires an applicant for a farm labor contractor's license to complete a written examination with a minimum score of 85%, limits the examination time to 4 hours, and restricts the number of times an applicant can take the test to three times per year. Also prohibits oral examinations;
  8. Requires an applicant to complete a minimum of 8 hours of relevant educational classes annually that are approved by the Labor Commissioner;
  9. Requires the Labor Commissioner to submit quarterly a list of all licensees to the California Highway Patrol;
  10. Requires the Labor Commissioner to issue laminated picture licenses bearing a hologram and a signature of the licensee; and
  11. Requires the farm labor contractor to provide the grower with a copy of the payroll record for every worker and for the grower to retain the records for the duration of the contract.
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AB 2707  

Florez 00-877
Farm Labor Contractors
.
This bill requires the Labor Commissioner to ensure that the office maintained in Fresno has suitable facilities and sufficient personnel for the examination and licensing of farm labor contractors and for the processing of complaints against farm labor contractors.
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AB 602    Florez 00-308
Farm Labor Vehicles
.
This bill restricts the transportation of person in or on the back of a flatbed or pickup truck, prohibits the transportation of persons in a farm labor vehicle that is not in compliance with federal seating requirements, establishes requirements for securing tools transported in farm labor vehicles, exempts farm labor buses from vehicle seatbelt requirements until 2007 and applies farm labor vehicle safety requirements to any public transit vehicle used to transport farmworkers.
.

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Farm Labor Contractors - Vetoed

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Bill 
Number
Author Chapter
Number
Subject
.
AB 2862   Romero Farm Labor Contractors
  

This bill would have expanded current licensing requirements for farm labor contractors (FLC), specifies how long licenses must be kept by agricultural growers and FLC that enter into a contract and tightens existing laws relevant to revocation and suspension of a license. This bill also would have established FLC license verification in the Division of Labor Standards Enforcement, and required the Department of Industrial Relations to set up a FLC Enforcement Unit to assist local district attorneys with prosecution of labor law violations in the agricultural industry.

Governor Davis stated in his veto message "…this legislation would impose criminal penalties for wage violations on one industry and one industry only. Whereas other industries in this state who commit wage and hour violations are subject to civil penalties - even when the violations are more serious that those addressed in this bill.

I have the greatest respect for farmworkers. They so some of the most backbreaking work there is, and the fruits of their labor are vital to our economy. I also believe that most employers are responsible and law-abiding. And for those employers who ignore our laws or knowingly use contractors to avoid compliance with those laws, I believe in imposing the stiffest possible sanctions.

But I cannot support singling out one industry for unequal treatment under the law, even when I find the violations totally repugnant. Civil penalties properly applied can be just as effective in deterring violations…"

.

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Wages, Hours and Working Conditions

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Bill 
Number
Author Chapter
Number
Subject
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AB 1599 Torlakson 00-598
Labor; Youth Employment - Safety
.

This bill creates a statewide young worker health and safety resource network to assist in increasing the ability of young workers and their communities to identify and address workplace hazards to prevent young workers from becoming ill or injured on the job. It also allows The Department of Industrial Relations to enter into a contractual or interagency agreement for costs associated with legal services to enforce Cal-OSHA sections of the law.

While the bill included language for the legislature to make funds available through the Budget Act of 2000-2001, the Governor, in a signing message stated "I am directing the Department of Industrial Relations to implement this bill within the existing 2000-01 Governor's State Budget."

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AB 2357 Honda 00-487
Victims of Domestic Violence Employment Leave Act
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This bill prohibits an employer from discharging, discriminating, or retaliating against an employee who takes time off to receive social services related to domestic violence. This bill allows a victim of domestic violence to take either paid or unpaid time off to seek medical attention for injuries resulting from domestic violence; seek legal assistance, participate in legal proceedings; seek assistance or services from a domestic violence shelter, program or rape crisis center; obtain psychological counseling and to participate in activities designed to ensure a victim's safety and well being such as relocation. The provisions in this bill apply to employers with 25 or more employees and limit the amount of time to that provided in the Family Medical Leave Act-12 weeks.
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AB 2509 Steinberg 00-876
Employment: Remedies for employment law violations
.

This bill amends and revises a number of statutes that regulate wages and hours, including administrative and enforcement procedures. Specifically, this bill:

  1. Clarifies the method to calculate interest on unpaid wages by replacing outdated code sections and citing the correct code sections for interest;
  2. Requires an employer who appeals a decision by the Labor Commissioner to post an appeal bond to guarantee the payment of wages;
  3. Extends the penalties levied on employers in the building and construction industry who issue insufficient funds payroll checks to all employers;
  4. Codifies case law regarding the awarding of attorney's fees for unpaid wages;
  5. Requires an employer to include piece rate and hourly wage information on itemized wage statements. It also increases the penalties for those employers who "knowingly and intentionally" violate the law;
  6. Establishes penalties in the Labor Code for violations of meal and rest periods in accordance with IWC wage orders; and
  7. Protects the right of employees to retain their tips by closing loopholes under which some employers in restaurants and clubs have been taking tips from employees.
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AB 2535 Oller 00-361
Volunteer Firefighters

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This bill prohibits an employer of 50 or more employees from discriminating against an employee who takes a leave of absence, not to exceed 14 days, in a calendar year to attend fire or law enforcement training.

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SB 88 Sher 00-492
Overtime
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This bill exempts a professional employee in the computer field of the overtime compensation requirement if the employee is primarily engaged in creative or intellectual work and if the rate of pay is at least $41.00 per hour. This bill also exempts certified midwives, nurse anesthetists and nurse practitioners from overtime provisions in the Labor Code and IWC wage orders.
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SB 945 Vasconcellos 00-365
Employment

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This bill exempts participants in national service programs-such as Americorps-from minimum wage and hour laws and from unemployment insurance requirements. This bill also requires program sponsors to inform program volunteers of requirements to work more than 8 hours per day or 40 hours per week and to offer the volunteer an opportunity to opt out of the program before commencing service. Sponsors are barred from discriminating against or denying continued program participation to participants who refuse to work overtime for a legitimate reason.

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B 1305 Figueroa 00-990
Employer Indemnification: Interest

.

This bill entitles an employee to receive interest on awards for reimbursement found due by the courts or the Division of Labor Standards Enforcement. This bill also allows for the employee to be reimbursed for attorney fees incurred during this process.

.

SB 1327 Escutia 00-886
Employees: Inspection of personnel records
.
This bill repeals various statutes that give employees access to their personnel records and replaces them with one standard provision that applies to both public and private sector employers.

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SB 1353 Rainey 00-224
Employees: reserve peace officers and emergency rescue personnel
.
This bill prohibits an employer from discharging or discriminating against an employee who takes time off to perform emergency duty as a reserve peace officer or emergency rescue personnel.

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Wages, Hours and Working Conditions - Vetoed

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Bill 
Number
Author Chapter
Number
Subject

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AB 2760  Wesson Horseracing

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This bill would have established a backstretch employee labor relations process by allowing backstretch employees to exercise their statutory rights to organize a labor union and participate in the collective bargaining process. It would also have required trainers to keep accurate payroll records; required the Division of Labor Standards Enforcement to periodically audit payroll records of trainers; and required the California Horse Racing Association (CHRA) to adopt regulations that address housing standards for backstretch employees. It also would have allowed racing association or fairs to accept advance deposit wagers and wagering instruction to be completed by telephone or electronically.

The Governor stated in his veto message "…This bill would amend current statute to allow Internet and telephone wagering on horse races and add various provisions to govern those activities. The bill would also provide new protections for the racetrack "backstretch" employees including badly needed standards for living conditions such as housing, establishment of a health and welfare fund, and the right to organize for collective bargaining purposes.

If this bill contained only the backstretch provisions, I would sign it. However, I cannot support the provisions lifting the State ban on Internet and telephone wagering…."

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SB 1097 Hayden Car Washing and Polishing

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This bill requires persons who employ others in car washing and polishing to register with the

Labor Commissioner and requires an employer who has violated specified labor laws to obtain a surety bond.

The Governor's veto message:

"I am returning Senate Bill 1097 without my signature.

This bill would establish a misdemeanor offense, punishable by a fine not to exceed $100 per calendar year, for a car washing and polishing employer who fails to register with the Labor Commissioner. SB 1097 would also require such employers to maintain a surety bond in order to legally conduct business in California.

I am vetoing this bill because it would impose additional operational costs on the Department of Industrial Relations that are not budgeted in the 2000 Budget Act. Additionally, I do not believe that the need for car washing and polishing business to register with the Labor Commissioner has been demonstrated.

I am however asking the Director of Industrial Relations to review the activities of the car washing industry and make any and all appropriate recommendation to me by June 30, 2001.

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SB 1566 Hayden Labor: working conditions; International Trade Agreement

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This bill would require the Director of the Department of Industrial Relations to provide notices, reviews, and recommendations to the Legislature of any proposed or executed international trade agreements that may adversely affect California labor law.

The Governor's veto message:

"I am returning Senate Bill 1566 without my signature.

This bill would require the Director of the Department of Industrial Relations ("Director") to provide notices, reviews, and recommendations to the Legislature regarding any propose or executed international trade agreement that may adversely affect California law and regulations governing wages, working conditions, and workplace health and safety.

International trade agreements are primarily within the jurisdiction of the federal government. Therefore, it is unclear how information and recommendations submitted to the Legislature will be relevant to the process.".

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Public Works and Prevailing Wages

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Bill 
Number
Author Chapter
Number
Subject

.

AB 1646 Steinberg  00-954
Public Works: Payments
.
This bill revises the administrative and judicial procedures for the review of a decision to withhold funds from a contractor due to a determination by the Labor Commissioner or an awarding body that prevailing wages have not been paid on a public work project.

.

AB 2513 Shelley 00-970
Prevailing Wages: Violations
.
This bill expands the provision of law prohibiting debarred contractors from participating in public works projects to include contractors or other entities in which the debarred contractor has any financial interest. This bill also requires the advertisement of debarred contractors in construction publications at the expense of the debarred contractor.

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AB 2557 Margett  00-760
Public Works: Payment of Bonds
.
This bill requires contractors or subcontractors to file a payment bond equal to the total value of the contract with the awarding body.

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SB 1999 Burton 00-881
Definition of construction for prevailing wage obligations

.

This bill provides that for the purpose of public works laws, "construction" includes work performed during the design and pre-construction phases of construction including inspection and land surveying work.

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Public Works and Prevailing Wages - Vetoed

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Bill 
Number
Author Chapter
Number
Subject

.

AB 2088 Reyes  Public Works: Prevailing Wages

.

This bill would have deleted the requirement that a contractor forward to the awarding body all monies retained from a subcontractor, if within, 180 days of the filing of a complaint, the Division of Labor Standards Enforcement has not notified the contractor that a wage complaint filed against the subcontractor has been resolved. It also would have extended the time period from 180 days to 2 years in which the Labor Commissioner must file a civil suit to recover wages and penalties from a contractor that failed to pay prevailing wage on a public works job.

In his veto message, Governor Davis stated, "This bill would unnecessarily extend the time frame, from 180 days to two years, in which the Labor Commissioner may file a suit to recover wages and penalties from contractors that fail to pay prevailing wages on a public works project. It is neither fair nor reasonable to expect a contractor on a public works project to wait such a long period of time before learning whether the Labor Commissioner will file a court action to recover underpaid wages and/or penalties."

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AB 2783 Villaraigosa Public Works: Prevailing wages

.

This bill would have required awarding bodies to make copies of certified payroll reports available for review by joint labor-management committees. It would also have authorized the joint labor-management committee to bring a civil action against employers if any unpaid wages or benefits were discovered in this review.

Governor Davis stated in his veto message: "…the expressed Congressional intent in enacting legislation that authorized the establishment of joint labor-management committees was to provide a forum in which the representatives of both management and labor could work together cooperatively to ameliorate or eliminate mutual problems. The enforcement of labor law does not appear to be a task that falls within the purview of joint labor-management committees. "

"…this bill creates a quasi-law enforcement status for joint labor-management committees that is intermediate between that afforded the general public and the State. The bill contains no provisions that limit the uses to which joint labor-management committees may put the personal information with which they are entrusted. As provided by this bill, the release of personal information to a joint labor-management committee requires neither the knowledge nor the consent of affected employees. Although the obvious intent of this legislation is that the information be utilized solely for the purpose of detecting the underpayment of workers on public works projects, joint labor-management committees are not bound to adhere to this goal, and the privacy of affected employees is in no way assured. This is not the case with the public agencies charged with the enforcement of California's labor laws. ”

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Workers’ Compensation

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Bill 
Number
Author Chapter
Number
Subject

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AB 776 Calderon 00-54 Workers' Compensation: Medical Evaluators: reappointment
.
This bill revises qualifications for appointment and the grounds for termination of medical evaluators by the Industrial Medical Council.

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AB 1883 Lowenthal 00-920 Workers' Compensation: Disability Benefits for airport law enforcement and harbor and port police

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This bill extends the leave-of-absence in lieu of temporary disability benefits for injured public safety employees to injured airport law enforcement officers and harbor and port police.

.

AB 2043 Maddox 00-883
Workers' Compensation: Peace officer and firefighters; meningitis
.
This bill adds meningitis to the conditions that are presumed compensable for peace officers and firefighters under the workers' compensation system.

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SB 32 Peace 00-490
 Workers' Compensation: law enforcement: hepatitis presumption

.

This bill adds hepatitis to the conditions that are presumed compensable for state and local firefighters and law enforcement officers as well as those persons who fall within the peace officer classification such as correctional officers.

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SB 1785 Figueroa 00-318
Workers' Compensation: Data collection: Standards
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This bill allows the administrative director of the Division of Workers' Compensation to authorize data providers to use nationally recognized standards for the transmission of data if it is determined that providers cannot efficiently transmit data using the Electronic Data Interchange System of the International Association of Industrial Accident Boards and Commissions (IAIABC).

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SB 1820 Burton 00-887
Workers' Compensation: Cancer: Peace officers and safety officers
.
This bill extends the cancer presumption under Workers' Compensation law to peace officers employed by the arson investigation units and fire prevention and suppression law enforcement personnel of state and local fire departments and fire protection agencies.
SB 2081 Alarcon 00-929
Workers' Compensation: Disability Benefits
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This bill extends the leave-of-absence in lieu of temporary disability benefits for injured public safety employees to injured peace officers of the Los Angeles Unified School District.

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Workers’ Compensation - Vetoed

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Bill 
Number
Author Chapter
Number
Subject

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AB 1124 Havice Workers' Compensation: Custody Assistants: Disability

.

The Governor's veto message:

"This bill would extend the leave-of-absence benefit in lieu of workers' compensation temporary disability to injured Los Angeles County custody assistants.

In California, benefits mandated by statute (Labor Code 4850) are relatively more generous than benefits provided to other employees; as a result, compensation for public safety employees constitutes a large portion of the workers' compensation budget of public employers (primarily counties in California). …

…I believe this extraordinary benefit should be limited to sworn peace officers."

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SB 996 Johnston Workers' Compensation: Administration and benefits

.

This bill would have increased workers' compensation benefits and provided system reforms.

The Governor stated in his veto message: "This bill includes some improvements over the provisions of its predecessor, SB 320, which I vetoed last year. However, as drafted, SB 996 would increase costs to employers statewide by more than $2.6 billion. This bill also includes proposed reforms to the workers' compensation system that are not sufficient to support such a large benefit increase without having an adverse impact on the economy.

All parties have come to recognize that the benefit paid to injured workers in California has not been increased in many years and needs to be increased. I intend to sign a bill that incorporates reasonable benefit increases and additional system reforms to ensure that California's system of workers' compensation operates in a fair and cost efficient manner. I have asked the Director Steve Smith to meet with all parties this fall with the goal of negotiating a consensus bill."

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Other Significant Legislation

.

Bill 
Number
Author Chapter
Number
Subject

.

AB 2410 Machado 00-885
State Employees: Wages

.

This bill removes the exemption for state employees from certain sections of the Labor Code with regards to payment of wages. This bill requires the state to pay discharged employees immediately and to pay overtime no later than the next pay period.

.

AB 2481 Romero 00-875 Apprentice Employment: Contractor Violations

.

This bill revises civil penalties and enforcement actions for construction contractors who violate specified apprenticeship requirements for public works contract. It also delays the effective date for developing standards for competency and training of electricians for six months.

.


Other Legislation

.

Bill 
Number
Author Chapter
Number
Subject

.

AB 1889 Cedillo 00-872
State Funds: Unionization

.

This bill prohibits a state contractor who receives $50,000 or more under a state contract from assisting, promoting or deterring union organizing.

.

AB 2860 Keuhl 00-878
Talent Services

.

This bill corrects an unintentional drafting error in AB 884 (Kuehl), signed into law last year, which defined a talent service in an overly expansive way which included photographers and costume makers. The intent of the legislation was to prohibit services from charging fees for such activities, but not to limit referral for such services.

.

SB 1272 Ortiz 00-493
Community Health Care Workers: Violence Reports

.

This bill requires an employer of community health care workers to submit a report to the Division of Labor Statistics and Research of violence either threatened or committed against a community health care worker.

.


.

INDEX

Assembly Bills

.

Bill 
Number
Author Chapter
Number
Subject

.

AB 602 Florez 00-308 Farm Labor Vehicles
AB 776 Calderon 00-54 Medical Evaluators: Reappointment
AB 1124 Havice Vetoed Workers’ Compensation: Custody Assistants; Disability
AB 1338 Reyes 00-917 Farm Labor Contractors: Licenses
AB 1599 Torlakson 00-598 Labor; Youth Employment-Safety
AB 1646 Steinberg 00-954 Public Works: Payments
AB 1883 Lowenthal 00-920 Workers’ Compensation Disability for Airport Law Enforcement and Harbor And Port Police
AB 1889 Cedillo 00-872 State Funds: Unionization
AB 2043 Maddox  00-883

Workers’ Compensation: Peace Officers and firefighters: Meningitis

AB 2088 Reyes Vetoed Public Works: Prevailing Wages
AB 2357 Honda 00-487 Victims of Domestic Violence Employment Leave Act
AB 2410 Machado 00-885 State Employees: Wages
AB 2481 Romero 00-875 Apprentice Employment: Contractor Violations
AB 2509 Steinberg 00-876 Employment: Labor Law Violations
AB 2513 Shelley 00-970 Prevailing Wage Requirements: Violations
AB 2535 Oller 00-361 Volunteer Firefighters
AB 2557 Margett 00-760 Payment Bonds: Public Works 
AB 2707 Florez 00-877 Farm Labor Contractors
AB 2760 Wesson Vetoed Horseracing
AB 2783 Villaraigosa Vetoed Public Works: Prevailing Wages
AB 2860 Kuehl 00-878 Talent Services
AB 2862 Romero Vetoed Farm Labor Contractors
.
Senate Bills

.

Bill 
Number
Author Chapter
Number
Subject

.

SB 32 Peace 00-490 Workers' Compensation: law enforcement: hepatitis presumption
SB 88 Sher 00-492 Overtime
SB 945 Vasconcellos 00-365 Employment
SB 996 Johnston Vetoed Workers’ Compensation: Administration and Benefits
SB 1097 Hayden Vetoed Car Washing and Polishing
SB 1272 Ortiz 00-493 Community Health Care Workers: Violence Reports
SB 1305 Figueroa 00-990 Employer Indemnification: Interest
SB 1327 Escutia 00-886 Employees: Inspection of personnel records by employees
SB 1353 Rainey 00-224 Employees: reserve peace officers and emergency rescue personnel
SB 1566 Hayden Vetoed Labor: Working conditions; International Trade Agreements
SB 1785 Figueroa 00-318 Workers’ Compensation: data collection: standards
SB 1820 Burton 00-887

Workers’ Compensation: Cancer: Peace and Safety Officers

SB 1999 Burton 00-881 Definition of Construction for Prevailing Wage Obligations
SB 2081 Alarcon 00-929 Workers’ Compensation: Disability Benefits

.