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 creates a rebuttable presumption that specified injuries, such as cancer or post-traumatic stress disorder, developed or manifested in the course of employment of a specified member of law enforcement or a specified first responder arose out of and in the course of employment. Existing law makes these provisions applicable to certain active firefighting members, including active firefighting members of a fire department that serves a United States Department of Defense installation or active firefighting members of a fire department that serves a National Aeronautics and Space Administration installation. This bill would, for injuries occurring on or after January 1, 2026, additionally apply these provisions to active firefighting members of a fire department that provides fire protection to a commercial airport, as specified. Existing law creates a rebuttable presumption that other injuries, including pneumonia, tuberculosis, or meningitis, developed or manifested in the course of employment of a specified member of law enforcement or a specified first responder arose out of and in the course of employment. Existing law makes these provisions applicable to certain active firefighting members, including volunteers who are partly paid or fully paid by, among others, the Department of Forestry and Fire Protection or a county forestry or firefighting unit. The bill would, for injuries occurring on or after January 1, 2026, also apply these provisions to active firefighting members of a fire department that provides fire protection to a commercial airport, National Aeronautics and Space Administration installation, or United States Department of Defense installation.
Existing law, the California Public Employees' Pension Reform Act of 2013, requires a public employee who is convicted of any state or federal felony for conduct arising out of, or in the performance of, the public employee's official duties in pursuit of the office or appointment, or in connection with obtaining salary, disability retirement, service retirement, or other benefits, to forfeit all accrued rights and benefits in any public retirement system from the earliest date of the commission of the felony to the date of conviction, and prohibits the public employee from accruing further benefits in that public retirement system. Existing law defines "public employee" for purposes of these provisions to mean an officer, including one who is elected or appointed, or an employee of a public employer. Existing law also requires an elected public officer, who takes public office, or is reelected to public office, on or after January 1, 2006, and who is convicted during or after holding office of any felony involving accepting or giving, or offering to give, any bribe, the embezzlement of public money, extortion or theft of public money, perjury, or conspiracy to commit any of those crimes arising directly out of their official duties as an elected public officer, to forfeit all rights and benefits under, and membership in, any public retirement system in which they are a member, effective on the date of final conviction, as provided. This bill would require a public employer that is investigating a public employee for misconduct arising out of or in the performance of, the public employee's official duties in pursuit of the office or appointment, or in connection with obtaining salary, disability retirement, service retirement, or other benefits, to continue the investigation even if the public employee retires while under investigation, if the investigation indicates that the public employee may have committed a crime. The bill would require a public employer, if the investigation indicates that the public employee may have committed a crime, to refer the matter to the appropriate law enforcement agency, and would then authorize the public employer to close the investigation. Under the bill, if the public employee is convicted of a felony for any conduct described above, the public employee would forfeit all accrued rights and benefits in any public retirement system pursuant to the provisions governing forfeiture described above. By imposing new duties on public employers who are local governmental entities, the 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, the Home Care Services Consumer Protection Act, requires a home care organization, as defined, to ensure that an affiliated home care aide completes specified training requirements prior to providing home care services, including annual training related to the aide's clients' rights and safety and how to provide for a client's daily living needs. A violation of the act is a misdemeanor. This bill would, beginning on January 1, 2027, additionally require a home care organization to ensure that a home care aide completes, prior to providing home care and annually thereafter, training related to the special care needs of clients with dementia. Because the bill creates new crimes by expanding the act to include additional requirements for home care organizations, the 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, the Robert F. Kennedy Farm Workers Medical Plan, is a nonprofit voluntary employees beneficiary association, organized under federal law, that provides payments for health care and other benefits to its members. Existing law, until January 1, 2031, requires the State Department of Health Care Services to annually reimburse the plan up to $3,000,000 per year for claim payments that exceed $70,000 made by the plan on behalf of an eligible employee or dependent for a single episode of care on or after September 1, 2016. This bill would require the department to annually reimburse the Robert F. Kennedy Farm Workers Medical Plan up to $3,000,000 per year for claim payments that exceed $50,000 made by the plan on behalf of an eligible employee or dependent for a single episode of care.
Existing law authorizes the State Fire Marshal to make changes as may be necessary to standardize all existing fire protective equipment throughout the state. This bill would require, until January 1, 2031, the State Fire Marshal, in consultation with the Division of Occupational Safety and Health, to develop a working group with specified membership to make recommendations regarding personal protective equipment used in responding to lithium-ion battery fires. The bill would require, at a minimum, the working group to review, and for the purpose of making the recommendations to consider, the latest personal protective equipment to limit exposure to lithium and other heavy metals, technology to clean personal protective equipment, whether different types of personal protective equipment should be used for different types of lithium-ion battery fires, and current decontamination practices at the fire scene, as specified. The bill would require the recommendations to be submitted to the Legislature on or before September 1, 2026.
The California Occupational Safety and Health Act of 1973 provides the Division of Occupational Safety and Health within the Department of Industrial Relations with the power, jurisdiction, and supervision over all employment and places of employment necessary to enforce and administer all occupational health and safety laws and to protect employees. The act grants to the Occupational Safety and Health Standards Board, an independent entity within the department, exclusive authority to adopt occupational safety and health standards within the state. Beginning July 1, 2018, and every 5 years thereafter, the act requires the board, in consultation with the department, to complete a comprehensive review of all revisions to National Fire Protection Association standards pertaining to certain personal protective equipment (PPE) and requires the board to consider modifying existing safety orders and to render a decision regarding the adoption of necessary changes to safety orders, or other applicable standards and regulations, no later than July 1 of the subsequent year, if the review finds that the revisions to applicable National Fire Protection Association standards provide a greater degree of personal protection than the safety orders. This bill would, in addition to the above-described requirement, require the board to consider modifying its existing safety order regarding firefighter personal protective equipment by January 1, 2028, to address National Fire Protection Association performance standards for PPE that are not relevant or applicable to how firefighters utilize their PPE and that result in the use of perfluoroalkyl and polyfluoroalkyl substances, fluoropolymers, flame retardants, and other hazardous substances in firefighting personal protective garments and auxiliary firefighting PPE, as provided. The bill would also require, by July 1, 2026, the Division of Occupational Safety and Health to report on progress toward implementation of the modified PPE safety standards, as provided. The bill would also make related findings and declarations.
Existing law, the California Fair Employment and Housing Act (FEHA) , establishes the Civil Rights Department to enforce civil rights laws with respect to housing and employment and to protect and safeguard the right of all persons to obtain and hold employment without discrimination based upon specified characteristics or status. The 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 department. The FEHA requires the department to make an investigation in connection with a filed complaint alleging facts sufficient to constitute a violation of the FEHA, and requires the department to endeavor to eliminate the unlawful practice by conference, conciliation, and persuasion. Existing law authorizes a complaint to be filed by an aggrieved person or the department on behalf and as representative of a group or class if the alleged unlawful practice adversely affects, in a similar manner, a group or class of persons of which the aggrieved person is a member. This bill would define the term "group or class complaint" for purposes of the FEHA. Existing law tolls the time for a complainant to file a civil action alleging a violation of specified civil rights provisions commencing with the filing of a complaint with the department until the department files a civil action for the alleged violation or until one year after the department issues written notice that it has closed its investigation without filing a civil action. This bill would additionally toll the time for a complainant to file a civil action if the complainant timely appeals to the department the closure of their complaint until one year after the department issues written notice that it remains closed following the appeal. Existing law authorizes the director to bring a civil action in the name of the department, acting in the public interest, on behalf of an aggrieved person if conference, conciliation, mediation, or persuasion fails to eliminate an unlawful practice. Existing law imposes a deadline of one or 2 years for the department to bring a civil action, as specified. Existing law requires those deadlines to be tolled during a dispute resolution proceeding. This bill would additionally require those deadlines to be tolled pursuant to a written agreement by the complainant and the department, during the pendency of a petition to compel, and for the duration of an appeal to the department for the closure of a complaint. Under existing law, if the department does not file a civil action, the department is required to promptly issue the person claiming to be aggrieved a right-to-sue notice upon request, as specified, or upon completion of its investigation and not later than one year after the filing of the complaint. For a complaint treated as a group or class complaint, existing law requires the department to issue a right-to-sue notice upon completion of its investigation and not later than 2 years after the filing of the complaint. Existing law requires these deadlines to be tolled during a dispute resolution proceeding. Under this bill, if the department determines that an aggrieved person's complaint relates to a complaint filed in the name of the director or a group or class complaint, as specified, the department would be required to issue a right-to-sue notice after the director's or group or class complaint has been fully and finally disposed of and all administrative proceedings, civil actions, appeals, or related proceedings have terminated. The bill would require this deadline and the above-described deadlines relating to issuing a right-to-sue notice to additionally be tolled pursuant to a written agreement by the complainant and the department, during the pendency of a petition to compel, and for the duration of an appeal to the department for the closure of a complaint. Existing law authorizes the department, in the case of failure to eliminate specified violations relating to housing discrimination that have occurred, or that are about to occur, as specified, to bring a civil action in the name of the department. Existing law authorizes the action to be filed in any county where the unlawful practice is alleged to have been committed, the records relevant to that practice are maintained and administered, the aggrieved party would have resided, or the defendant's residence or principal office is located, as specified. This bill would remove the above-described provisions specifying the counties where the civil action may be filed.
The existing Trial Court Interpreter Employment and Labor Relations Act divides trial courts into 4 specified regions and establishes regional court interpreter employment relations committees for those regions. Existing law requires each committee to set terms and conditions of employment for court interpreters within the respective region, as specified. Existing law requires that compensation be uniform throughout the region. Existing law, with exceptions, requires that other terms and conditions of employment be uniform throughout the region, but authorizes health and welfare and pension benefits to be the same as those provided to other employees of the same trial court. Existing law authorizes trial courts to set additional local compensation subject to specified conditions. This bill would authorize a recognized employee organization to request a multiregional bargaining if more than one region is bargaining in a calendar year, subject to the mutual consent of the recognized employee organization and the regional court interpreter employment relations committee.
Existing law establishes the California Community Colleges, under the administration of the Board of Governors of the California Community Colleges, as one of the segments of public postsecondary education in this state. Existing law establishes the Strong Workforce Program to provide funding to career technical education regional consortia made up of community college districts and local educational agencies, as specified. Existing law requires the office of the Chancellor of the California Community Colleges to, no later than June 30, 2017, bring before the board of governors any policies, regulations, and guidance necessary to accomplish, among other things, providing work-based learning opportunities for students that increase their employability and earning potential, as provided. Existing law requires a percentage of the funds apportioned for community colleges under the program to be apportioned directly to community college districts in the consortia to fund, among other things, student grants to cover fees for third-party certification and licensing. This bill would require the chancellor's office to revise, no later than June 30, 2026, the above-described policies, regulations, and guidance necessary to provide students, employers, or both, with paid work-based learning opportunities, as provided. The bill would authorize a community college district to also use those funds apportioned directly to community college districts to provide direct support to students, employers, or both, for paid work-based learning to increase employability and employment, as provided.
Existing law requires a 3-part test, commonly known as the "ABC" test, to determine if workers are employees or independent contractors for purposes of the Labor Code, the Unemployment Insurance Code, and the wage orders of the Industrial Welfare Commission. Under the ABC test, a person providing labor or services for remuneration is considered an employee rather than an independent contractor unless the hiring entity demonstrates that the person is free from the control and direction of the hiring entity in connection with the performance of the work, the person performs work that is outside the usual course of the hiring entity's business, and the person is customarily engaged in an independently established trade, occupation, or business. Existing law charges the Labor Commissioner with the enforcement of labor laws, including worker classification. Existing law exempts specified occupations and business relationships from the application of the ABC test described above. Existing law, instead, provides that these exempt relationships are governed by the multifactor test previously adopted in the case of S. G. Borello & Sons, Inc. v. Department of Industrial Relations (1989) 48 Cal.3d 341. Existing law includes an exemption for services provided by a licensed manicurist, subject to the manicurist meeting specified conditions, and makes this exemption for licensed manicurists inoperative on January 1, 2025. This bill would delete the January 1, 2025, inoperative date, and, instead, until January 1, 2029, reapply the above-specified exemption to certain licensed manicurists. The bill would also require the Employment Development Department and the Division of Labor Standards Enforcement to, by June 1, 2026, report to the Legislature the annual number of allegations of misclassification or other specified violations involving licensed manicurists since January 1, 2020, as specified. Existing law also provides an exemption for a commercial fisher working on an American vessel, as defined. Existing law makes those commercial fishers eligible for unemployment insurance benefits subject to certain conditions, and requires the Employment Development Department to issue an annual report, on March 1, to the Legislature on the use of unemployment insurance in the commercial fishing industry, as provided. Existing law makes these various provisions related to commercial fishers working on an American vessel inoperative on January 1, 2026. This bill would extend the inoperative date to January 1, 2031, and, thereby, until January 1, 2031, reapply the above-specified exemption to those commercial fishers, as prescribed. The bill would change the above-described annual reporting date from March 1 to June 30.
