Existing law provides for the county-administered In-Home Supportive Services (IHSS) program, under which qualified aged, blind, and disabled persons are provided with supportive services in order to permit them to remain in their own homes. Existing law requires a county to use county-only funds to fund both the county share and the state share, except as specified, when any increase in provider wages or benefits is locally negotiated, mediated, or imposed by a county, public authority, or nonprofit consortium, or any increase in provider wages or benefits is adopted by ordinance. This bill would make a technical, nonsubstantive change to that provision.
Existing law, for purposes of unemployment insurance provisions, requires employers to make contributions with respect to unemployment insurance and disability insurance from the wages paid to their employees. Existing law establishes, within the state disability insurance program administered by the Employment Development Department, a family temporary disability insurance program, also known as the paid family leave program, for the provision of wage replacement benefits to workers who take time off work to care for a seriously ill family member or to bond with a minor child within one year of birth or placement, as specified. This bill would require the Legislative Analyst's Office, on or before January 1, 2027, and annually thereafter, to prepare and submit a report to the Legislature that evaluates the quality of services provided by the department to the public with regard to unemployment and disability insurance. The bill would repeal these provisions on January 1, 2031.
Existing law requires the Employment Development Department to administer a program for the payment of unemployment compensation to the eligible unemployed. Existing law requires the department to periodically review policies and practices used to determine eligibility and benefits that result in delayed eligibility unemployment determinations or benefit payments and that fail to identify or prevent fraud. Existing law required the department to provide specified committees of the Legislature with a plan for assessing the effectiveness of its fraud prevention and detection tools by May 1, 2022, and to provide a report to those committees with an update on its progress on performing this assessment by July 1, 2022. Existing law requires the department to annually analyze and assess the effectiveness of its fraud prevention and detection tools and to submit this analysis and assessment to those committees, as specified. This bill would revise those annual requirements to, instead, require the department to analyze and assess the effectiveness of its fraud prevention and detection tools and to submit this analysis and assessment to those committees, biennially commencing on January 1, 2027.
Existing law makes a farm labor contractor successor to any predecessor farm labor contractor that owed wages or penalties to a former employee of the predecessor, whether or not the predecessor was licensed by the Labor Commissioner to carry on the business, activities, or operations of a farm labor contractor, liable for those wages and penalties, if the successor farm labor contractor meets one or more specified criteria including using substantially the same facilities or workforce to offer substantially the same services as the predecessor. Existing law provides an exception and an affirmative defense to the liability for wages and penalties owed to a former employee of the predecessor farm labor contractor if the farm labor contractor has operated for at least the preceding 3 years, and certain conditions apply. Existing law makes a person who violates farm labor contractor requirements guilty of a misdemeanor punishable by specified fines, or imprisonment in the county jail for not more than 6 months, or both. This bill would decrease the amount of time that a farm labor contractor would be required to have operated with a valid license in order to have an affirmative defense to liability for wages and penalties owed to a former employee of the predecessor farm labor contractor to a least the preceding year and would make other related changes. Existing law also makes a farm labor contractor successor liable for wages and penalties owed to a former employee, as described above, if the successor farm labor contractor is an immediate family member, as defined, of any owner, partner, officer, licensee, or director of the predecessor farm labor contractor or of any person who had a financial interest in the predecessor farm labor contractor. This bill would expand the definition of "immediate family member" for purposes of the provision described above that makes a farm labor contractor successor liable for wages and penalties owed to a former employee of the predecessor farm labor contractor to include a step-parent, adoptive parent, foster parent, half-sibling, and step-grandparent. By expanding the requirements placed upon farm labor contractor successors, the violation of which would be a crime, 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 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 certain 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. These exemptions include professional services provided by graphic designers, fine artists, content contributors, and various others, subject to meeting specified conditions. This bill would create an exemption for a merchandiser contracting with a bona fide business or hiring entity to provide stand-alone in-store inventory and product placement labor or services on behalf of retailers and brands in the consumer-packaged goods industry, as specified.
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.
Existing law provides for the establishment of apprenticeship programs in various trades, to be approved by the Chief of the Division of Apprenticeship Standards within the Department of Industrial Relations in any trade in the state or in a city or trade area whenever the apprentice training needs justify the establishment. This bill would require the division, upon appropriation by the Legislature, to establish and administer a Quick Service Restaurant Young Workforce Apprenticeship Program to provide grants, reimbursements, or other funding to apprenticeship programs for the support of quick-service restaurant youth apprenticeship programs, as described. The Personal Income Tax Law and the Corporation Tax Law authorize various credits against the taxes imposed by those laws. This bill, for taxable years beginning on or after January 1, 2026, and before January 1, 2031, would allow a credit against those taxes in the amount of $1,000 for each registered apprentice employed for at least 6 months by a qualified taxpayer, as defined, not to exceed 100 registered apprentices per taxable year per qualified taxpayer. Existing law requires any bill authorizing a new tax expenditure to contain, among other things, specific goals, purposes, and objectives that the tax expenditure will achieve, detailed performance indicators, and data collection requirements. This bill also would include additional information required for any bill authorizing a new tax expenditure. The bill would require the Franchise Tax Board to provide information to the Division of Apprenticeship Standards to complete a report relating to the tax credit that would be established by the bill. The bill would make any information shared by the Franchise Tax Board subject to limitations relating to the sharing of taxpayer information, the violation of which is a crime. By expanding the scope 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 the Division of Occupational Safety and Health of the Department of Industrial Relations to prepare a notice, to be posted by employers, containing information regarding safety rules and regulations in the workplace. Existing law requires the notice to contain specified items of information, including, among other things, the address and telephone number of the nearest division office. This bill would also require the notice to contain the email address of the nearest division office.
Existing law provides funding for career technical education programs, including through, among others, the California Career Technical Education Incentive Grant Program, the Strong Workforce Program, and a K–12 component of the Strong Workforce Program, with the purpose of creating, maintaining, supporting, encouraging, strengthening, and expanding the delivery of career technical education programs in the state, as provided. This bill would require the State Department of Education to develop and maintain a registry of career technical education equipment that is listed for sale and to make the registry accessible to school districts, county offices of education, and charter schools via an internet website. The bill would authorize a local educational agency that intends to offer for sale any career technical education equipment to list the equipment in the registry established by the department. The bill would require the equipment listed in the registry to be offered for sale to other local educational agencies and maintained in the registry for a period of no less than 3 months unless the equipment is purchased by a local educational agency. The bill would repeal these provisions on January 1, 2032.
Existing law requires the Attorney General to publish model policies limiting assistance with immigration enforcement to the fullest extent possible consistent with federal and state law at public schools, public libraries, health facilities operated by the state or a political subdivision of the state, courthouses, Division of Labor Standards Enforcement facilities, the Agricultural Labor Relations Board, the Division of Workers Compensation, and shelters, and ensuring that they remain safe and accessible to all California residents, regardless of immigration status. Existing law requires the Attorney General to publish guidance, audit criteria, and training recommendations aimed at ensuring that any databases operated by state and local law enforcement agencies, including databases maintained for the agency by private vendors, are governed in a manner that limits the availability of information therein to the fullest extent practicable and consistent with federal and state law, to anyone or any entity for the purpose of immigration enforcement. Existing law, the California Values Act, prohibits California law enforcement agencies from using agency or department moneys or personnel to investigate, interrogate, detain, detect, or arrest persons for immigration enforcement purposes, including, among other things, providing personal information about an individual, making or intentionally participating in arrests based on civil immigration warrants, or performing the functions of an immigration officer, as specified. This bill would prohibit a state or local government agency from collecting immigration-related personally identifiable information unless it is explicitly required by law to do so and the collection is justified by a legitimate government purpose. The bill would prohibit a state or local government agency from sharing personally identifiable information with federal immigration enforcement agencies without a judicial warrant or court order. The bill would require any contract, agreement, or memorandum of understanding that facilitate data sharing between a state or local government agency and federal immigration enforcement authorities to comply with oversight mechanisms to ensure compliance with civil rights and privacy protections and be subject to review by the State Auditor, as described below. Because the bill would require local agencies to perform additional duties, it would impose a state-mandated local program. The bill would make these provisions enforceable by administrative action or by imposition of a civil penalty recovered by an action brought by the Attorney General. This bill would require the State Auditor to conduct audits of all state and local government agency data-sharing agreements at least every 2 years to ensure compliance with existing laws protecting privacy and civil rights. The bill would require the Office of the Attorney General to establish an oversight task force to review complaints and violations related to unauthorized data collection and sharing that would report to the Legislature annually on data privacy trends, risks, and policy recommendations. 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.
