Existing law requires a certificated or classified school employee who exhausts all available sick leave and continues to be absent from duties on account of illness or accident for an additional period of 5 months to receive during those 5 months either (1) the difference between the employee's salary and the sum that is actually paid, or would have been paid, to a substitute employee employed to fill the position during the employee's absence, or (2) at least 50% of the employee's regular salary during the period of the absence. This bill would require a certificated or classified school employee who exhausts all available sick leave and continues to be absent from duties on account of illness or accident for an additional period of 5 months to instead receive the employee's full salary during those 5 months. The bill would make numerous related conforming and clarifying changes.
Existing law establishes a workers' compensation system, administered by the Administrative Director of the Division of Workers' Compensation, to compensate an employee, as defined, for injuries that arise out of, and in the course of, employment. Existing law requires employers to provide medical, surgical, chiropractic, acupuncture, licensed clinical social worker, and hospital treatment reasonably required to cure or relieve the injured worker from the effects of the injury. Existing law makes it a misdemeanor for an employer to discharge, threaten to discharge, or discriminate against, or for an insurer to advise, direct, or threaten an insured to discharge, an employee because they have filed or made known their intention to file a claim for compensation, or an application for adjudication, or because the employee has received a rating, award, or settlement, as specified. This bill would require an employee, when possible, to make a reasonable effort to schedule treatment outside of work hours. The bill would require the employee, if the timing of the treatment is foreseeable, to provide notice if treatment occurs during work hours, as specified, and require the employer to provide this leave during work hours unless business necessity requires the treatment to occur at a different time or on a different day. The bill would require that the leave taken by an employee pursuant to these provisions run concurrently with leave taken pursuant to the federal Family and Medical Leave Act of 1993 and the California Family Rights Act if the employee would have been eligible for that leave. If an employer denies an employee's request to attend scheduled treatment, and the employer knows or should know that a business necessity does not require the treatment to occur at a different time or on a different day, the bill would make that denial a misdemeanor. The bill would also make it a misdemeanor for an employer to discharge, threaten to discharge, or discriminate against an employee because the employee requested or took leave pursuant to these provisions. By creating new crimes, this bill would impose a state-mandated local program. The bill would make other conforming changes. 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 provides for various employment programs to assist formerly incarcerated individuals in finding and retaining employment, including the Pre-Release Construction Trades Certificate Program administered by the Department of Corrections and Rehabilitation and the Prison to Employment Program administered by the California Workforce Development Board. 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. This bill would, by January 1, 2028, require the Department of Corrections and Rehabilitation, in partnership with the Department of Industrial Relations, to establish the Preapprenticeship Pathways to Employment Pilot Program. The bill would, until January 1, 2032, provide incarcerated individuals access to preapprenticeship training in the skilled construction and building trades. The bill would require the program to provide, among other things, instruction based on the Multi-Craft Core Curriculum and content coordinated with joint apprenticeship training committees. The bill would require the Department of Corrections and Rehabilitation to implement the program at one men's facility and one women's facility. The bill would require the Department of Corrections and Rehabilitation, beginning January 1, 2029, to annually report certain data regarding participation in the program to the Legislature.
Existing law regulates the operation of ports and harbors. Existing law requires a person providing labor or services for remuneration to be considered an employee rather than an independent contractor unless the hiring entity demonstrates that certain conditions are satisfied, including that the person is free from the control and direction of the hiring entity in connection with the performance of the work, both under the contract for the performance of the work and in fact. This bill would require a trucking company, and a truck driver who is not classified as an employee by a trucking company, to provide to a port, defined to mean the Port of Long Beach or the Port of Los Angeles, certain information, including, with respect to a trucking company, a sworn affirmation by the trucking company that the trucking company is withholding all required taxes from the wages of any truck driver who is considered an employee under state law, as specified. By expanding the scope of the crime of perjury, this bill would impose a state-mandated local program. The bill would also require, beginning January 1, 2027, that information to be made publicly available by the port. The bill would require a trucking company to update a port within 30 days of a change to its operation that results in more than 50% of its employees being replaced by independent contractors and would impose a civil penalty of $5,000 for failure to do so. The bill would make a person who provides false or misleading information for the purpose of representing compliance with those requirements liable for a civil penalty of $20,000, as prescribed. This bill would require, beginning January 1, 2027, a port, on a quarterly basis, to publish on its internet website specified information regarding each truck that entered the port during the prior quarter. The bill would require a port, upon request of the Labor Commissioner, to provide to the Labor Commissioner additional information in the possession of the port regarding a truck that entered the port. By imposing new duties on a port, this bill would impose a state-mandated local program. This bill would make legislative findings and declarations as to the necessity of a special statute for the Port of Long Beach and the Port of Los Angeles. 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 with regard to certain mandates no reimbursement is required by this act for a specified reason. With regard to any other mandates, this bill would provide that, if the Commission on State Mandates determines that the bill contains costs so mandated by the state, reimbursement for those costs shall be made pursuant to the statutory provisions noted above.
Existing law provides that the California Workforce Development Board is responsible for assisting the Governor in the development, oversight, and continuous improvement of California's workforce investment system, including the development of a state plan to serve as a framework for, among other things, training programs to address the state's economic, demographic, and workforce needs. Existing law, in order to support the plan, requires the board to, among other things, establish initial and subsequent eligibility criteria for an eligible training provider list, in accordance with specified federal law. This bill would prohibit an approved training provider from being removed from the eligible training provider list if the provider has submitted verification of completion of continued eligibility requirements through a local workforce development board, except as provided. The bill would require continued eligibility review to be conducted once every 2 fiscal years, in a manner determined by the Employment Development Department.
Existing law establishes in the Department of Industrial Relations the Division of Labor Standards Enforcement under the direction of the Labor Commissioner and authorizes the Labor Commissioner to investigate employee complaints and recover civil penalties for violations of labor law, as prescribed. Existing law requires an employer who pays wages to a resident employee for services performed either within or without this state, or to a nonresident employee for services performed in this state, to deduct and withhold from those wages a sum which is substantially equivalent to the amount of tax reasonably estimated to be due under the Personal Income Tax Law resulting from the inclusion in the gross income of the employee of the wages which were subject to withholding. Existing law requires the Employment Development Department to have the powers and duties necessary to administer the reporting, collection, refunding to the employer, and enforcement of taxes required to be withheld by employers, as described above. This bill would require, within 60 days of a final judgment being entered against an employer requiring payment to an employee or to the state, as specified, the judgment debtor employer to provide documentation to the Labor Commissioner that the judgment is fully satisfied, a certain bond has been posted, or the judgment debtor entered into an agreement for the judgment to be paid in installments, as prescribed, and is in compliance with that agreement. The bill would make a judgment debtor employer who fails to comply with that provision liable for a civil penalty. The bill would require, if a judgment debtor employer does not comply with that provision, the Labor Commissioner to provide written notice to the judgment debtor employer that the Labor Commissioner will submit the unsatisfied judgment to the Tax Support Division of the Employment Development Department as a notice of potential tax fraud, as prescribed, and that the civil penalty is due within 90 days of the notice.
This measure would condemn decisions by the administrations of President Donald J. Trump to terminate or curtail Temporary Protected Status designations for people from specified nations, denounce federal policies that strip lawful status from long-residing individuals, as specified, and urge Congress to enact bipartisan legislation that provides a path to permanent residency and citizenship for individuals with Temporary Protected Status.
Existing law, the Control, Regulate and Tax Adult Use of Marijuana Act (AUMA) , approved by the voters at the November 8, 2016, statewide general election, regulates the cultivation, distribution, transport, storage, manufacturing, testing, processing, sale, and use of marijuana for nonmedical purposes by people 21 years of age and older. The existing Medicinal and Adult-Use Cannabis Regulation and Safety Act (MAUCRSA) , among other things, consolidates the licensure and regulation of commercial medicinal and adult-use cannabis activities. Existing law establishes a workers' compensation system, administered by the Administrative Director of the Division of Workers' Compensation, to compensate an employee, as defined, for injuries sustained in the course of employment. Existing law requires every employer to secure the payment of workers' compensation as provided by law and imposes civil and criminal penalties on employers that fail to secure the payment of workers' compensation. Existing law authorizes an employer, pursuant to this provision, to insure against liability in insurers duly authorized to write compensation insurance in the state or to secure from the Director of Industrial Relations a certificate of consent to self-insure. This bill would authorize the administrative director or their agent to require an employer that is licensed or required to be licensed under MAUCRSA to provide proof that it has secured payment of workers' compensation to the administrative director or their agent. The bill would authorize the administrative director or their agent to establish a schedule for compliance that includes dates for when a licensee may be required to comply with these requirements. The bill would require the administrative director to provide assistance to any employer or entity that notifies the administrative director that it has been unable to obtain coverage and authorize the administrative director to extend the deadline for compliance, and would exempt any employer that secures the payment of workers' compensation pursuant to these provisions from civil or criminal liability for prior failure to secure the payment of compensation. The bill would authorize the administrative director to contract with one or more agents to assist employers in complying with these provisions, as specified.
Existing law establishes the California Conservation Corps in the Natural Resources Agency and requires the corps to implement and administer the conservation corps program. Existing law authorizes the Director of the California Conservation Corps to establish various training and educational program, including, among others, the Education and Employment Reentry Program, within the corps, to provide education and training to formerly incarcerated individuals who successfully served on a California Conservation Camp program crew. This bill would require the Department of Forestry and Fire Protection and the Department of Corrections and Rehabilitation to jointly evaluate the Ventura Training Center and would require the evaluation to include specified components, including, among others, an evaluation of ways to increase the rate of graduated trainees entering the firefighter workforce. The bill would require the departments to submit a report describing the evaluation to certain legislative committees by January 1, 2026, and would repeal these provisions on January 1, 2030. This bill would declare that it is to take effect immediately as an urgency statute.
Existing law, the Meyers-Milias-Brown Act (act) , authorizes local public employees, as defined, to form, join, and participate in the activities of employee organizations of their own choosing for the purpose of representation on matters of labor relations and defines various terms for these purposes. The act prohibits a public agency from, among other things, refusing or failing to meet and negotiate in good faith with a recognized employee organization. Existing law states that the Legislature finds and declares that the duties and responsibilities of local agency employer representatives under the act are substantially similar to the duties and responsibilities required under existing collective bargaining enforcement procedures and therefore the costs incurred by the local agency employer representatives in performing those duties and responsibilities under that act are not reimbursable as state-mandated costs. This bill would require, on or after January 1, 2026, a memorandum of understanding between a public agency and a recognized employee organization to include specified provisions including, among other things, a provision providing for a system of progressive discipline that grants due process to an employee when they are disciplined, upon the request of the recognized employee organization. The bill would define "progressive discipline" and "due process" for this purpose. The bill would specify that the refusal or failure to include those provisions in a memorandum of understanding upon request of the recognized employee organization constitutes refusing or failing to meet and negotiate in good faith for purposes of the above-described prohibition. By imposing new requirements on public agencies, this bill would impose a state-mandated local program. The bill would include findings that changes proposed by this bill address a matter of statewide concern rather than a municipal affair and, therefore, apply to all cities, including charter cities. 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 shall be made pursuant to these statutory provisions for costs mandated by the state pursuant to this act, but would recognize that a local agency or school district may pursue any available remedies to seek reimbursement for these costs.
