(1) The United States and California Constitutions guarantee all persons the right to equal protection of the laws. The California Constitution further recognizes the right of all persons to pursue and obtain safety, happiness, and privacy, guarantees an individual's reproductive freedom in their most intimate decisions, and prohibits disqualification of a person from entering or pursuing a business, profession, vocation, or employment because of, among other things, sex. This bill would require, under all state laws, that any provision that prohibits discrimination on the basis of sex, discrimination on the basis of gender, or similar discrimination be interpreted to prohibit sex discrimination. The bill would define "sex discrimination" to include, among other things, discrimination based on any of specified actual or perceived characteristics or actions, including based on degree of conformity to sex or gender stereotypes. This bill would provide that this interpretation reflects the existing protections of specified state constitutional laws, as described above. The bill would require these provisions to be liberally construed to effectuate the purposes of these constitutional protections. The bill would make related findings and declarations. (2) Existing law, the Unruh Civil Rights Act (act) , provides that all persons within the jurisdiction of this state are entitled to full and equal accommodations, advantages, facilities, privileges, or services in all business establishments regardless of their sex, race, color, religion, ancestry, national origin, disability status, medical condition, genetic information, marital status, sexual orientation, citizenship, primary language, or immigration status. That act defines "sex" to include, among other things, pregnancy, childbirth, or medical conditions related to pregnancy or childbirth. This bill would further define, for purposes of the act, "sex" to include any characteristics set forth under the above-described definition of "sex discrimination." (3) Existing law, the California Fair Employment and Housing Act (FEHA) , makes certain discriminatory employment and housing practices unlawful, and authorizes a person claiming to be aggrieved by an alleged unlawful practice to file a verified complaint with the Civil Rights Department. The FEHA defines various terms in connection with unlawful practices, including the term "sex." This bill would further define "sex" to include any characteristics set forth under the above-described definition of "sex discrimination." (4) This bill would incorporate additional changes to Section 51 of the Civil Code proposed by AB 1940 to be operative only if this bill and AB 1940 are enacted and this bill is enacted last. This bill would incorporate additional changes to Section 12926 of the Government Code proposed by AB 1940 to be operative only if this bill and AB 1940 are enacted and this bill is enacted last. (5) This bill would include certain provisions that become operative only if AB 1940 is enacted and takes effect on or before January 1, 2027, and amends Section 12926 of the Government Code. In that regard, the bill would expand the above-described definition of "sex discrimination" to include discrimination based on actual or perceived perimenopause, menopause, or postmenopause or medical conditions related to perimenopause, menopause, and postmenopause.
(1) Existing law establishes the Department of Industrial Relations, which includes the Division of Occupational Safety and Health. Existing law requires the division to investigate the causes of any employment accident that is fatal to one or more employees or that results in a serious injury, illness, or exposure, except as specified. Existing law requires the chief of the division and all qualified inspectors and investigators authorized by the chief to have free access to any place of employment to investigate and inspect and sets forth various other duties related to investigation and inspection, as specified. This bill would make it a misdemeanor to willfully resist, prevent, impede, or interfere with the chief or their authorized representative in the performance of the above-described duties or to willfully violate an order of the court relating to those duties. By creating a new crime, this bill would impose a state-mandated local program. Existing law makes it a public offense for any employer or any employee having direction, management, control, or custody of any employment, place of employment, or of any other employee who willfully violates any occupational safety or health standard, order, special order, if that violation caused death or permanent or prolonged impairment to the body of an employee, as specified. This bill would additionally make it a public offense if that violation caused serious injury, illness, or exposure. By expanding the scope of an existing crime, this bill would impose a state-mandated local program. (2) Existing law makes the Bureau of Investigations within the Division of Occupational Safety and Health responsible for directing accident investigations involving violations of laws, standards, and orders in which there is a serious injury to 5 or more employees, death, or request for prosecution by a division representative. Existing law requires the bureau to review inspection reports involving a serious violation if there have been serious injuries to one to 4 employees or a serious exposure, and authorizes the bureau to investigate cases for the purpose of prosecution, as specified. Existing law requires the bureau to refer the results of investigations it is required to conduct to the appropriate prosecuting authority having jurisdiction for appropriate action unless it determines that there is legally insufficient evidence of a violation of the law. This bill would revise and recast these requirements to, among other things, additionally require the bureau to investigate any accident in which there is a serious injury, illness, or exposure for which the division issues a citation for a willful violation. The bill would require the bureau to establish written policies and procedures for reviewing cases and deciding whether to investigate or refer them for prosecution. The bill would also require the division to establish a routine or automated process for transmitting information to the bureau about incidents with serious injuries, illnesses, or exposures so that the bureau can review them. Existing law authorizes the department, upon the request of a county district attorney, to develop a protocol for the referral of cases that may involve criminal conduct to the appropriate prosecuting authority in lieu of or in cooperation with an investigation by the bureau. This bill would require the division to immediately notify the appropriate prosecuting authority upon learning of an accident in which there is a serious injury, illness, or exposure to 5 or more employees, death, or request for prosecution by a division representative. The bill would delete the above-described provisions regarding developing a protocol and would instead authorize the bureau, upon request of an appropriate prosecuting authority, to refer cases that may involve criminal conduct to the appropriate prosecuting authority, as specified. The bill would require the bureau and the division, in cases accepted for investigation, to cooperate with the prosecuting authority. Existing law requires the bureau to submit an annual report to the division on its activities. This bill would additionally require the report to be submitted to the Legislature and to include information relating to certain cases involving a fatality that are referred by the bureau to the appropriate prosecuting authority, as specified. The bill would make the specifics of that information confidential. (3) Existing law requires all information reported to or otherwise obtained by the Chief of the Division of Occupational Safety and Health or representatives of the chief in connection with any inspection or proceeding of the division that contains or that might reveal a trade secret to be considered confidential, except that this information may be disclosed to other officers or employees of the division concerned with carrying out the purposes of the division or when relevant in any proceeding of the division, as specified. This bill would revise the above-described exception to also permit this information to be disclosed to law enforcement officers or prosecutors in any law enforcement investigation or prosecution. Existing law requires the responding agency, whenever a state, county, or local fire or police agency is called to an accident involving an employee covered by the California Occupational Safety and Health Act of 1973 in which a serious injury or illness, or death occurs, to immediately notify the nearest division office. Existing law then requires the division to immediately notify the appropriate prosecuting authority of the accident. This bill would expand this requirement to include an accident in which a serious exposure occurs. The bill would also require the responding agency to immediately notify the district attorney's office in the county where the accident occurred. The bill would additionally require the division to immediately notify the bureau, and the district attorney's office or other appropriate prosecuting authority, of the accident, whether the division received notification by the responding agency, the employer, or by other means. The bill would make other related and conforming changes to those provisions. (4) Existing constitutional provisions require that a statute that limits the right of access to the meetings of public bodies or the writings of public officials and agencies be adopted with findings demonstrating the interest protected by the limitation and the need for protecting that interest. This bill would make legislative findings to that effect. (5) 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.
The California Fair Employment and Housing Act makes specified employment practices unlawful, including the harassment of an employee directly by the employer or indirectly by agents of the employer with the employer's knowledge. Under existing law, the Civil Rights Department administers these provisions. Existing law requires a specified employer with 5 or more employees to, by January 1, 2021, provide at least 2 hours of classroom or other effective interactive training and education regarding sexual harassment to all supervisory employees and at least one hour of classroom or other effective interactive training and education regarding sexual harassment to all nonsupervisory employees in California and, after that date, once every 2 years. Existing law requires an employer to include prevention of abusive conduct as a component of that training and education. This bill would require, beginning on January 1, 2028, if a state agency provides any type of compensation, salary, or stipend to a state agency official of that agency, that all state agency officials of that agency receive training on responding to hate, as prescribed. The bill would define "state agency official" to mean a state elected official for that purpose. The bill would require at least one hour of training and education for a state agency official within the first 6 months of taking office or commencing employment, and every 2 years thereafter. The bill would authorize a state agency or an association of state agencies to offer one or more training courses, or sets of self-study materials with tests, to meet these requirements. The bill would authorize a state agency to develop its own training that meets the requirements or direct elected officials to complete a training developed by the department. The bill would require the department to develop or obtain an online training course on responding to hate and make the course available on its internet website. Existing law requires local agency officials, as defined, to receive sexual harassment prevention training and education if the local agency provides any type of compensation, salary, or stipend to those officials. Existing law requires the training and education to include practical examples aimed at instructing the local agency official in the prevention of sexual harassment, discrimination, and retaliation. This bill would additionally require, beginning on January 1, 2028, the above-described training and education to include for any elected local agency official, as a component of the training and education, anti-hate speech training, as described. The bill would authorize an elected local agency official to take a training developed for state agency officials pursuant to the bill to satisfy the anti-hate speech training requirement. By imposing new requirements on local agencies, 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, if the Commission on State Mandates determines that the bill contains costs mandated by the state, reimbursement for those costs shall be made pursuant to the statutory provisions noted above.
Existing law defines "disadvantaged communities" and requires the California Environmental Protection Agency to identify disadvantaged communities for investment opportunities from the Greenhouse Gas Reduction Fund and for other purposes. This bill would require the agency to do specified things regarding farmworker communities for purposes of identifying disadvantaged communities including, among other things, assessing whether designating farmworker communities as disadvantaged communities would increase those communities' access to investment opportunities and identifying potential barriers faced by low-income farmworker communities in accessing investment opportunities, as specified. The bill would require the agency to make its findings publicly available on its internet website and consider those findings when identifying disadvantaged communities. The bill would require the agency and the Office of Environmental Health Hazard Assessment to develop and implement a strategy for engaging with farmworker communities on environmental, health, and socioeconomic burdens, as provided.
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 a farm labor contractor to be licensed by the Labor Commissioner and to comply with specified employment laws applicable to farm labor contractors. Existing law provides that a person who violates the above-described provision is subject to a civil penalty, including, for any initial citation, $100 for each farmworker employed by the unlicensed person, plus $100 for each calendar day that a violation occurs, for a total penalty not to exceed $10,000. This bill would instead provide that a person who violates employment laws applicable to farm labor contractors, unless otherwise specified, is subject to a civil penalty, including, for any initial citation, $100 for each farmworker employed by the unlicensed person or licensed farm labor contractor, plus $100 for each calendar day that a violation occurs, for a total penalty not to exceed $10,000. Existing law prohibits the Labor Commissioner from issuing or renewing a license to act as a farm labor contractor unless specified requirements are met. Existing law requires an applicant for the issuance or renewal of a farm labor contractor license to have deposited with the Labor Commissioner a surety bond to be payable for, among other things, interest on wages and for any damages arising from violation of orders of the Industrial Welfare Commission and for any other monetary relief awarded to an agricultural worker as a result of a violation of specified employment laws. Existing law requires the amount of the surety bond to be based on the size of the person's annual payroll for all employees, and requires, for payrolls up to $500,000, a $25,000 bond, for payrolls of $500,000 to $2,000,000, a $50,000 bond, and for payrolls greater than $2,000,000, a $75,000 bond. Existing law requires the Labor Commissioner to require documentation of the size of the person's annual payroll for purposes of these provisions, as provided. This bill would instead require, for payrolls up to $500,000, a $50,000 bond, for payrolls of $500,000 to $2,000,000, a $100,000 bond, and for payrolls greater than $2,000,000, a $150,000 bond. The bill would require the bond amounts to be deposited when a farm labor contractor first registers or files the application for their first annual renewal. The bill would require the Labor Commissioner to, among other things, include bond information on the public farm labor contractor license database, as described.
Existing law establishes, until July 1, 2027, the Displaced Oil and Gas Worker Pilot Program, to be administered by the Employment Development Department (department) , for the purpose of addressing employment dislocations associated with oil, gas, and related industries. That program requires the department, using funds to be appropriated by the Legislature for purposes of the program, to award grants on a competitive basis to qualified applicants, as specified, for specified eligible activities. This bill would extend the program indefinitely by removing the July 1, 2027, repeal date. The bill would require the department to implement and administer the program only to the extent that funding is appropriated by the Legislature, as specified.
Existing law establishes a minimum wage for all industries and imposes criminal penalties for violation of these wage provisions. Existing law authorizes the Labor Commissioner to collect due and unpaid wages or benefits on behalf of workers. Under existing law, the commissioner acts as trustee and deposits collected wages and benefits into the Industrial Relations Unpaid Wage Fund, which is continuously appropriated for the purpose of remitting the collected wages or benefits. This bill would require the minimum hourly wage for an approved agricultural employee and corresponding employee, as defined, to be $19.75 per hour. Commencing January 1, 2027, and each January thereafter, the bill would require the above-described minimum hourly wage to be adjusted by an amount equal to the cost-of-living adjustment for social security benefits, as specified. By expanding the scope of a crime, the bill would impose a state-mandated local program. By increasing the revenue to the Industrial Relations Unpaid Wage Fund, a continuously appropriated fund, and expanding the purposes for which moneys in that fund may be used, the bill would make an appropriation. 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 requires a person engaged in certain businesses to register with the Labor Commissioner, as provided. This bill would require a staffing agency, as defined, to register, as prescribed, with the commissioner before conducting any business in this state and annually thereafter. The bill would prohibit the commissioner from registering or renewing a registration, unless the staffing agency satisfies certain conditions, including submitting an application that is certified under penalty of perjury to the commissioner for registration or renewal of registration and providing the commissioner proof of a current workers' compensation policy in effect for all employees, as provided. By expanding the scope of the crime of perjury, this bill would impose a state-mandated local program. If the commissioner, at any time, finds that the staffing agency does not have the current workers' compensation insurance policy in effect for all employees, this bill would require the commissioner to deny, suspend, or revoke the registration, after a hearing, and notify the Director of Industrial Relations of that matter. The bill would also require the commissioner to post a specified list of registered staffing agencies on the internet website of the Department of Industrial Relations. The bill would prohibit a business from using the services of a staffing agency without a registration pursuant to these provisions. The bill would authorize a registered staffing agency to bring an action against an unregistered staffing agency or a business that uses the services of a staffing agency without a registration, as provided, and would authorize the court to enter an order to enjoin the defendant from engaging in any business as a staffing agency without a registration or using the services of a staffing agency without a registration. The bill would authorize the commissioner to promulgate regulations and rules necessary to carry out these provisions. 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, the California Refinery and Chemical Plant Worker Safety Act of 1990, requires the Occupational Safety and Health Standards Board and the Division of Occupational Safety and Health to promote worker safety through implementation of training and process safety management practices in refineries, chemical plants, and other appropriate facilities, including by adopting process safety management standards and regulations. The act defines "process safety management" and other terms for its purposes. The act also requires an employer to develop and maintain written safety information, emergency action plans, operating procedures, procedures to manage changes, and inspection and testing programs. This bill would require an employer, in consultation with employees and employee representatives, to develop, implement, and maintain a written plan to effectively provide for employee participation in all process safety management elements. The bill would also require, on or before April 1, 2027, an employer, in consultation with employee and employee representatives, to develop and implement stop work procedures and procedures for reporting and responding to hazards, as specified. The bill would require an employer to document specific information relating to a partial or complete shut down of an operation or process and reports of hazards. The bill would provide how employees who are and who are not represented by an authorized collective bargaining agent participate in the development of these plans and procedures.
