Existing law establishes an accidental release prevention program for the state. Under that law, stationary sources subject to the accidental release prevention program may be required to prepare and submit a risk management plan (RMP) to prevent accidental releases of certain substances. Existing law imposes criminal penalties upon a stationary source that knowingly violates the requirements of the accidental release prevention program. This bill would state findings and declarations concerning refinery closures in California. The bill would establish the Refinery Safe Staffing Task Force to develop potential methods and strategies for ensuring maximum employee retention at refineries and addressing employment dislocations associated with oil, gas, and related industries, with membership, as specified, appointed and commencing service no later than January 1, 2028. The bill would require the task force, no later than June 1, 2029, to present to the Legislature and make available online to the public a report documenting a wide range of potential methods and strategies for ensuring maximum employee retention in the time period preceding refinery closure or long-term idling of a refinery, for ensuring safe operation in the event of understaffing, and for transitioning oil and gas workers into sectors that match their skills and experience. The bill would repeal the task force provisions on January 1, 2030.
Existing law requires an employer, semimonthly or at the time of payment of wages, to furnish an employee an accurate, itemized, written statement containing specified information regarding the amounts earned, hours worked, and the employee's identity, among other things, subject to certain variations. Existing law provides that an itemized wage statement furnished by an employer pursuant to these provisions is not required to show total hours worked by the employee if, among other things, the employee is exempt from the payment of minimum wage and overtime under specified law. Existing federal law, the Railway Labor Act, regulates labor relations for rail and air carriers and entitles employees to organize and bargain collectively. This bill would provide that an itemized wage statement may, in lieu of total hours worked, show all applicable hourly rates in effect during the pay period and the corresponding number of hours worked at each hourly rate if the employee is a flight deck crewmember or cabin crewmember covered by the federal Railway Labor Act and the employer makes available certain information regarding duty hours in accordance with federal regulations, as specified. The bill would also provide that an itemized wage statement may not be required to show the number of piece-rate units earned and any applicable piece rate for a covered employee under specified circumstances. The bill would prohibit a person, commencing June 11, 2026, from filing a new legal action by or on behalf of a crewmember asserting specified violations of the wage statement requirements.
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 generally prohibits an employer from employing an employee for a work period of more than 5 hours per day without providing the employee with a meal period of not less than 30 minutes, except as specified. Existing law also prohibits an employer from employing an employee for a work period of more than 10 hours per day without providing the employee with a 2nd meal period, as prescribed. Existing law creates exceptions from these work limits for employees in specified occupations, including those in a construction occupation, as defined, covered by a valid collective bargaining agreement expressly providing for wages, hours of work, and working conditions. Existing law also authorizes the Industrial Welfare Commission to adopt a working condition order permitting a meal period to commence after 6 hours of work if it determines that the order is consistent with the health and welfare of the affected workers. Existing law charges the Labor Commissioner with enforcement of these provisions. This bill would create an exception from the above-described work period limits for an employee in a construction occupation while the employee is on the jobsite, as specified.
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.
