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State of California P. O. Box 420603 2000 Click here for 1999 Legislative Summary Stephen J. Smith TABLE OF CONTENTS
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Farm Labor Contractors | |||
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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 |
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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 |
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 |
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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 |
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 |
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Workers' Compensation | |||
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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 |
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Other Significant Legislation | |||
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Bill Number |
Author | Chapter Number |
Subject |
AB 2410 | Machado | 00-885 | State Employees: Wages |
AB 2481 | Romero | 00-875 | Apprentice Employment: Contractor Violations |
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Other Legislation | |||
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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 |
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.Farm Labor Contractors |
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Bill Number |
Author | Chapter Number |
Subject |
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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:
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Florez |
00-877 |
Farm Labor Contractors | |
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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 |
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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 |
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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 |
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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 |
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This bill amends and revises a number of statutes that regulate wages and hours, including administrative and enforcement procedures. Specifically, this bill:
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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 |
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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. | |||
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SB 1327 | Escutia |
00-886 |
Employees: Inspection of personnel records |
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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 |
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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 |
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AB 1646 | Steinberg |
00-954 |
Public Works: Payments |
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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. | |||
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AB 2513 | Shelley |
00-970 |
Prevailing Wages: Violations |
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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 |
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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 |
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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 |
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AB 2088 | Reyes | Public Works: Prevailing Wages | |
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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 | |
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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 |
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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. | |||
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AB 2043 | Maddox |
00-883 |
Workers' Compensation: Peace officer and firefighters; meningitis |
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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 |
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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 |
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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 | |
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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 | |
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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 |
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Bill Number |
Author | Chapter Number |
Subject |
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AB 2410 | Machado |
00-885 |
State Employees: Wages |
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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. | |||
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AB 2481 | Romero | 00-875 | Apprentice Employment: Contractor Violations |
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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. | |||
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Other Legislation |
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Bill Number |
Author | Chapter Number |
Subject |
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AB 1889 | Cedillo |
00-872 |
State Funds: Unionization |
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This bill prohibits a state contractor who receives $50,000 or more under a state contract from assisting, promoting or deterring union organizing. | |||
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AB 2860 | Keuhl |
00-878 |
Talent Services |
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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. | |||
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SB 1272 | Ortiz |
00-493 |
Community Health Care Workers: Violence Reports |
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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. | |||
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INDEX |
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Assembly Bills | |||
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Bill Number |
Author | Chapter Number |
Subject |
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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 |
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Senate Bills | |||
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Bill Number |
Author | Chapter Number |
Subject |
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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 |
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