Existing federal law provides for allocation of federal funds through the federal Temporary Assistance for Needy Families (TANF) block grant program to eligible states. Existing law provides for the California Work Opportunity and Responsibility to Kids (CalWORKs) program, under which, through a combination of state and county funds and federal funds received through the TANF program, each county provides cash assistance and other benefits to qualified low-income families. Existing law provides for state-subsidized childcare programs and childcare for recipients of benefits under the CalWORKs program and establishes 3 stages of childcare services managed by county welfare departments and agencies contracting with the State Department of Social Services. Existing law requires an applicant for, or a recipient of, CalWORKs benefits to be provided written notice, both at the time of application and when they sign an original or amended welfare-to-work plan, informing them of, among other things, the availability of paid childcare to allow them to be employed or participate in welfare-to-work activities. Existing law requires an applicant for, or recipient of, CalWORKs benefits to be asked to sign a copy of the written notice acknowledging that they have been informed of and received the notice, as specified. This bill would instead require an applicant for, or a recipient of, CalWORKs benefits to be provided written notice, and verbally informed, of the availability of paid childcare, as described above, at the time of application, approval, and when they sign an original or amended welfare-to-work plan, annual certificate of eligibility, or a semiannual report form. The bill would specify that a "written notice," for purposes of these provisions, includes a CalWORKs childcare request form. Upon receipt of a CalWORKs childcare request form and eligibility information, the bill would require a county to approve or deny the request for childcare within 10 calendar days. The bill would require the department to implement these provisions through an all-county letter or similar instruction on or before June 1, 2027, until regulations are adopted. By imposing additional duties on counties, the bill would impose a state-mandated local program. Existing law, commencing January 1, 2021, or the date that the Statewide Automated Welfare System can perform the necessary automation, whichever date is later, requires the written notice described above to additionally be provided to a recipient at the time of orientation, when they are assigned to a program activity, when they report new or increased participation in a program activity, and when they report new earned income or employment. This bill would extend that commencement date from January 1, 2021, to January 1, 2028. 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 requires that, except as specified, not less than the general prevailing rate of per diem wages be paid to workers employed on public works. Existing law defines "public works," for the purposes of regulating public works contracts as, among other things, construction, alteration, demolition, installation, or repair work done under contract and paid for, in whole or in part, out of public funds. Existing law makes any officer, agent, or representative of the state or of any political subdivision who willfully violates specified provisions, including providing notice of certain public works projects, as specified, to the Department of Industrial Relations, guilty of a misdemeanor. Existing law requires the Labor Commissioner to investigate allegations that a contractor or subcontractor violated the law regulating public works projects, including the payment of prevailing wages. Existing law requires each contractor and subcontractor on a public works project to keep accurate payroll records, showing the name, address, social security number, work classification, straight time and overtime hours worked each day and week, and the actual per diem wages paid to each journeyman, apprentice, worker, or other employee employed by the contractor or subcontractor in connection with the public work. This bill would require an awarding body or owner to give reasonable access, as defined, to representatives of a joint-labor management committee in order to monitor compliance with the prevailing wage and apprenticeship requirements. The bill would authorize an awarding body, owner, contractor, or subcontractor to deny or revoke access to the committee's representative if the representative fails or refuses to comply with job site safety requirements, as specified. The bill would authorize the committee to bring an action against an awarding body, contractor, or subcontractor that willfully denies the committee's representative reasonable access. The bill would authorize the court to award a civil penalty, not to exceed $1,000, and would require the court to award reasonable attorney's fees and costs to the prevailing party. By expanding the definition of a crime, 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 requires a skilled and trained workforce to be used in the construction, alteration, demolition, installation, repair, or maintenance work of certain public works and privately-owned facilities engaged in certain petroleum-related activities, manufacturing hydrogen, biofuels, or certain specified chemicals, or capturing, sequestering, or using carbon dioxide, as specified. Existing law defines "skilled and trained workforce" to include, among other criteria, skilled journeypersons who are paid at least a rate equivalent to the applicable prevailing hourly wage rate. This bill would require an owner, operator, or developer of a facility that will be used for the research, development, or production of pharmaceutical products to, when contracting for the performance of construction, alteration, demolition, installation, repair, or maintenance work on the facility, require that its contractors and subcontractors use a skilled and trained workforce to perform all onsite work within an apprenticeable occupation in the building and construction trades, and would require all contractors and subcontractors performing the work to use a skilled and trained workforce. The bill would require the owner, operator, or developer of the facility to provide to the Labor Commissioner a monthly report demonstrating compliance with the bill's provisions that includes, among other things, the full name and other identifying information relating to each worker relied on to satisfy the apprenticeship graduation percentage requirements. If the Labor Commissioner determines that a contractor or subcontractor failed to use a skilled and trained workforce, the bill would require the contractor or subcontractor to forfeit, as a civil penalty to the state, up to $5,000 per month of work performed for a first violation, and, for a second or subsequent violation, up to $10,000 per month of work performed. The bill would authorize the Labor Commissioner to reduce or waive the penalty under specified circumstances.
Existing law establishes the Department of Transportation and requires it to improve and maintain the state highways. Existing law authorizes the department to enter into any contracts required for the performance of its duties, as provided. Existing law establishes bid preferences in public contracting for certain types of bidders, including, but not limited to, small business and microbusiness bidders. This bill would, on and after January 1, 2028, require the department to provide certain bid preferences to a contractor or subcontractor with an employee stock ownership plan (ESOP) in which 30% or more is owned by the ESOP when the contractor or subcontractor bids or is part of a bid on a state-funded construction contract, as specified. The bill would make it unlawful for a person, contractor, or subcontractor to engage in specified behaviors related to the fraudulent obtaining or retaining of an ESOP bid preference and would subject a person, contractor, or subcontractor engaged in those behaviors to a suspension from bidding on or participating in any contract with the department for certain periods and specified civil penalties.
Existing law defines an assault as an unlawful attempt, coupled with present ability, to commit a violent injury upon the person of another. Existing law defines a battery as any willful and unlawful use of force or violence upon the person of another. Under existing law, an assault or battery committed against specified professionals engaged in the performance of their duties, including peace officers, firefighters, and emergency medical personnel, is punishable by imprisonment in a county jail not exceeding one year, by a fine not exceeding $2,000, or by both that fine and imprisonment. This bill would make an assault or battery committed against a utility worker, as defined, who is engaged in the performance of their duties punishable by imprisonment in a county jail not exceeding one year, by a fine not exceeding $2,000, or by both that fine and imprisonment. By expanding the scope of these crimes, 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 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.
Existing law establishes a workers' compensation system, administered by the Administrative Director of the Division of Workers' Compensation, to compensate an employee for injuries sustained in the course of employment. Existing law provides certain methods for determining workers' compensation benefits payable to a worker or the worker's dependents for purposes of permanent total disability or permanent partial disability that include a determination of the percentage of permanent disability incurred. Existing law requires that, for injuries incurred before January 1, 2013, in determining the percentages of permanent disability, account be taken of the nature of the physical injury or disfigurement, the occupation of the injured employee, and the injured employee's age at the time of the injury, and requires that specified factors be considered in determining an employee's diminished earning capacity for these purposes. For purposes of these provisions, "nature of the physical injury or disfigurement" incorporates the descriptions and measurements of physical impairment and the corresponding percentages of impairments published in the American Medical Association (AMA) Guides to the Evaluation of Permanent Impairment (5th Edition) . For injuries occurring on or after January 1, 2013, in determining the percentages of permanent disability, existing law requires the same factors be taken into account but removes from consideration the employee's diminished future earning capacity and, instead, incorporates an adjustment factor of 1.4, as specified. Existing law also establishes the Subsequent Injuries Benefits Trust Fund, a continuously appropriated fund. Under existing law, if a permanently, partially disabled employee receives a subsequent compensable injury resulting in additional permanent disability, then that employee receives compensation from the Subsequent Injuries Benefits Trust Fund. Existing law requires, when applicable, the additional permanent disability resulting from the subsequent injury to be equal to 35% or more of total, when considered alone and without regard to, or adjustment for, the occupation or the age of the employee. For purposes of determining permanent disability resulting from a subsequent injury, this bill would measure permanent disability, for injuries occurring on or after January 1, 2005, and prior to January 1, 2013, by the whole person impairment rating as determined in accordance with the AMA Guides to the Evaluation of Permanent Impairment (5th Edition) , after adjustment for diminished future earning capacity and without regard to, or adjustment for, the occupation or age of the employee. For injuries occurring on or after January 1, 2013, the bill would measure permanent disability in the same manner as an injury occurring on or after January 1, 2005, and prior to January 1, 2013, except that an adjustment for diminished future earning capacity is replaced by the 1.4 adjustment factor. The bill would state that these provisions are declarative of existing law. To the extent the bill changes the eligibility requirements for and calculation for payments made from the Subsequent Injuries Benefits Trust Fund, the bill would make an appropriation. This bill would, for compensable subsequent injuries occurring on or after January 1, 2027, require, for purposes of determining eligibility for and the amount of an award of special additional compensation, the existence of the prior permanent partial disability at the time of the subsequent compensable injury to be determined by substantial evidence, based on medical records, testimony, or other evidence, that the prior permanent partial disability predated the subsequent compensable injury and that the prior permanent partial disability resulted in loss of earnings, interfered with work activities, or otherwise impacted the ability of the employee to perform work activities or activities of daily living. The bill would require the administrative director to create and maintain a database of qualified medical evaluators to perform evaluations for claims filed for a subsequent compensable injury. The bill would make conforming changes. Existing law requires the WCAB to fix and award the amounts of special additional compensation to be paid and to direct the State Compensation Insurance Fund (SCIF) to pay the additional compensation awarded. Existing law authorizes the additional compensation to be paid only from funds appropriated for these purposes. Existing law authorizes SCIF to reimburse itself for specified costs from this appropriation. This bill would replace SCIF with the Director of Industrial Relations, as trustee of the Subsequent Injuries Benefits Trust Fund, as the entity to pay the additional compensation awarded by the WCAB. The bill would delete SCIF's authorization to reimburse itself for specified costs.
Existing law provides for negotiations concerning wages, hours, and other terms and conditions of employment between a higher education employer and an exclusive representative of a recognized or certified employee organization, as these terms are defined. Existing law requires higher education employers, or such representatives as they may designate, to engage in meeting and conferring with the employee organization selected as exclusive representative of an appropriate unit on all matters within the scope of representation. Existing law requires a reasonable number of representatives of an exclusive representative to have the right to receive reasonable periods of released or reassigned time without loss of compensation when engaged in meeting and conferring and for the processing of grievances prior to the adoption of the initial memorandum of understanding. This bill would authorize an exclusive representative, in their discretion, to invite one or more members of a bargaining unit to remotely observe a session held for the purpose of a meet and confer on a memorandum of understanding. The bill would prohibit, absent an agreement of the parties, a member of a bargaining unit observing a session pursuant to these provisions from receiving released or reassigned time or compensation to observe a session. The bill would not prevent the parties from agreeing to allow in-person observers or greater participation by observers in a meet and confer session. The bill would also not require any change in existing practices that allow in-person observers or greater participation by observers in a meet and confer session.
Existing law establishes the Division of Apprenticeship Standards within the Department of Industrial Relations and requires the division, among other things, to evaluate apprenticeship and preapprenticeship programs to ensure that the program evaluated is complying with its standards, as specified. Existing law requires the Chief of the Division of Apprenticeship Standards to perform various functions with respect to apprenticeship programs and the welfare of apprentices. This bill would establish the Career Apprenticeship Bridge Program to be administered by the division and would authorize the division to work with the State Department of Education and the Office of the Chancellor of the California Community Colleges in order to, among other things, identify resources to support youth apprenticeships. The bill would require a program applicant for a Career Apprenticeship Bridge Program to submit documentation to the chief, as specified. The bill would require the chief, before approving a Career Apprenticeship Bridge Program, to present the application, as described, to the State Department of Education to review whether specified requirements are met. The bill would authorize the chief, among other things, to issue rules and regulations that govern Career Apprenticeship Bridge Programs, as specified.
