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.
Existing law establishes the California Conservation Corps and requires young adults participating in the corps program to be generally engaged in projects that do specified things, including, among other things, projects that directly contribute to the conservation of energy. This bill would instead require young adults participating in the corps program to be generally engaged in projects that, among other things, promote or contribute to the conservation of energy and the development or enhancement of clean energy, climate resilience, or sustainable nature-based solutions. Existing law provides that it is the intent of the Legislature that the corps blend academic and job skills training with personal growth opportunities in order to develop productive youths who can make substantial contributions as California workers and citizens. This bill would require the Director of the California Conservation Corps to establish a Green Collar Certification Program that provides corpsmembers participating in the corps with skills and education including, but not limited to, reducing carbon emissions in residential and nonresidential buildings, preparing communities for environmental disasters, and developing conservation infrastructure projects that stabilize shorelines and restore ecological habitats, as provided. The bill would require the director to issue a Green Collar Certificate to a corpsmember who successfully completes the program. The bill would require the director, in administering the program, to collaborate with specified entities to identify emerging workforce needs, as specified. The bill would authorize the director to authorize certified community conservation corps to implement the program pursuant to guidelines established by the corps, as specified. This bill would also authorize the director to apply for and accept grants or donations of funds from any public or private source that are provided for specified purposes relating to the program. The bill would establish the Green Collar Certification Program Fund and would require the grants or donations described above to be deposited into the fund. The bill would continuously appropriate the moneys in the fund to the director for specified purposes relating to the program. By providing for the continuous appropriation of fund moneys to the director, this bill would create an appropriation.
Existing law gives public school employees the right to form, join, and participate in the activities of employee organizations of their own choosing for the purpose of representation on all matters of employer-employee relations. Existing law establishes the Public Employment Relations Board and gives the board specified powers and duties relating to employer-employee relations. Existing law authorizes the board to conduct studies relating to employer-employee relations, including the collection, analysis, and making available of data relating to wages, benefits, and employment practices in public and private employment, and to recommend legislation. This bill would specifically authorize the board to conduct employer-employee relations studies concerning the impact on public employees of net-zero carbon emissions initiatives, including collecting, analyzing, and making available related data.
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. Existing law requires the board to assist the Governor in certain activities, including the review and technical assistance of statewide policies, programs, and recommendations to support workforce development systems in the state, as specified. This bill would require the board, on or before January 1, 2027, to review existing recommendations and to research and provide a report to the Governor and the Legislature including recommendations on the most compelling strategies for addressing the workforce shortage in California's developmental services system, as specified. The bill would require the State Department of Developmental Services to provide staff support and expertise to the board for this purpose.
Prior law, until January 1, 2024, required the Labor and Workforce Development Agency and the California Workforce Development Board to oversee a stakeholder process to develop recommendations on how best to mitigate the employment impacts of automation at the Port of Los Angeles and the Port of Long Beach. That prior law created an industry panel consisting of 10 members, as specified, within the agency to inform the stakeholder process. That prior law authorized the California Workforce Development Board to contract the University of California, Los Angeles (UCLA) Labor Center to facilitate implementation and authorized the UCLA Labor Center to commission expert research and testimony to supplement the stakeholder process. That prior law required the industry panel to provide an annual update on the stakeholder process at a regularly scheduled meeting of the California Workforce Development Board. That prior law required the Labor and Workforce Development Agency and the California Workforce Development Board, upon the completion of the stakeholder process, but not later than July 1, 2023, to issue findings and recommendations on the most effective ways to implement policies and programs to mitigate the employment impacts of automation and the transitioning of seaport operations to low- and zero-emission operations on workers and individuals living in communities adjacent to the ports. This bill would reinstate the above-described provisions until January 1, 2029, to determine how to best mitigate national security, cybersecurity, workforce, and economic impacts of automation at California seaports. The bill would instead create an industry panel consisting of 17 members, as specified. The bill would require the Labor and Workforce Development Agency and the California Workforce Development Board, upon the completion of the stakeholder process, but not later than July 1, 2027, to issue findings and recommendations, as described above. The bill would condition the implementation of these provisions on an appropriation by the Legislature for this express purpose.
Existing law creates in the Labor and Workforce Development Agency the Department of Industrial Relations to foster, promote, and develop the welfare of wage earners of California, to improve their working conditions, and to advance their opportunities for profitable employment. This bill would require the department to establish the California Public Infrastructure Task Force, composed of representatives of specified agencies to promote employment in public infrastructure projects for underrepresented communities and to provide compliance assistance to contractors and subcontractors in public infrastructure projects regarding their nondiscrimination obligations, as specified.
(1) Existing law, the California Public Employees' Pension Reform Act of 2013, establishes various limits on retirement benefits generally applicable to a public employee retirement system, as specified. Existing law requires a public employee who is a member of a public retirement system to forfeit accrued rights and benefits in the public retirement system if the individual is convicted of certain felonies, including for conduct arising out of or in the performance of their official duties, relating to salary, disability retirement, service retirement, or other benefits, or that is committed against a child, as specified. Existing law limits this forfeiture to rights and benefits earned or accrued from the earliest date of the commission of the felony. This bill would require a correctional officer or other prison staff member employed by the Department of Corrections and Rehabilitation who is a current member of a public retirement system, convicted of sexually assaulting an inmate within the prison system, to forfeit all rights and benefits in the public retirement system, as prescribed. The bill would also require a correctional officer or other prison staff member employed by the department who first becomes a member of a public retirement system on or after January 1, 2026, who is convicted of sexually assaulting an inmate within the state prison system, to forfeit all rights and benefits in the retirement system. The bill would establish procedures governing the forfeiture process, including authorizing a public retirement system to assess a public employer a reasonable amount for reimbursement of specified costs. The bill would require a public retirement system to implement these provisions in a manner that protects an innocent or former spouse and is consistent with existing law governing the division of community property. (2) Existing law provides the Department of Corrections and Rehabilitation with jurisdiction over prisons and institutions, including, among others, the California Correctional Institution in the City of Tehachapi and the Central California Women's Facility, and sets forth its powers and duties regarding the administration of correctional facilities and the care and custody of inmates. Existing law also authorizes the secretary of the department to construct and equip suitable buildings, structures, and facilities for, among others, the California Correctional Institution in the City of Tehachapi for the confinement of males under the custody of the secretary. This bill would require the department to construct and establish one new building with 100 additional single-cell housing units at the Central California Women's Facility state prison located in the City of Chowchilla for the confinement of women under the custody of the secretary. The bill would also require the department to install fixed cameras by January 1, 2028, in all designated locations that have been ordered by the court or the Legislature, install thermal sensor cameras that track body movements in inmate bathrooms, and eliminate solo shifts for correctional officers, in women's state prison facilities. The bill would also authorize a correctional lieutenant on the site of a state prison facility to grant permission to an inmate, upon the inmate's request, to be transferred to restrictive housing.
