Asm. Liz Ortega

Existing law, the California Fair Employment and Housing Act, prohibits various forms of employment and housing discrimination, including various types of discrimination because of national origin. Existing law empowers the Civil Rights Department to investigate and prosecute complaints alleging unlawful practices. Existing labor law also prohibits an employer or other person or entity from engaging in, or to directing another person or entity to engage in, unfair immigration-related practices against a person for exercising specified rights. Existing law defines unfair immigration-related practices for these purposes. Existing law additionally makes it unlawful for an employer to request more or different immigration documents than are required under federal law, to refuse to honor documents tendered that reasonably appear to be genuine, and to take other related actions concerning employee work authorization documents. Existing law authorizes an applicant for employment or an employee who is subject to an unlawful act that is prohibited by these provisions, or a representative of that applicant for employment or employee, to file a complaint with the Division of Labor Standards Enforcement. Existing law establishes specified civil penalties for a violation of these provisions. This bill would require each employee, upon request, to be released by their employer for up to 5 unpaid working days within a 12-month period in order to attend appointments, interviews, adjudications, legal proceedings, detainment, or any other meeting at which the employee's presence is required concerning the employee's immigration status, work authorization, visa status, or any other immigration-related matter, as specified. The bill would also require a postintroductory employee, as defined, whose employment has been terminated due to an inability to provide documentation of proper work authorization, to be immediately reinstated to their former classification without loss in seniority, subject to producing proper work authorization, except as provided. The bill would also require an employer, if the employee demonstrates a need for additional time, to rehire the employee into the next available opening in the employee's former classification, as a new hire without retaining seniority, subject to the employee providing proper work authorization and meeting certain other conditions. This bill would require an employer that is notified that an employee has been detained or incarcerated as a result of pending immigration or deportation proceedings, to place the employee on an unpaid leave of absence for a period pending the employee's release from detainment or incarceration and not to exceed 12 months. If the employee is released and provides appropriate work authorization documentation within the period of the authorized unpaid leave of absence, the bill would require the employer to return the employee to their former job classification without loss of seniority, except as specified. This bill would apply the above requirements to a public or private employer, but would exempt a public or private employer with 25 or fewer employees. The bill would prohibit each public or private employer from disciplining, discharging, or discriminating against an employee because of national origin or immigration status, or solely because the employee is subject to immigration or deportation proceedings, except as required to comply with the law. The bill would prohibit an employee subject to immigration or deportation proceedings from being discharged solely because of those proceedings, so long as the employee is authorized to work in the United States. This bill would provide that its provisions do not invalidate a collective bargaining agreement or a memorandum of understanding that contains a provision addressing rehire or reinstatement rights or leave rights regarding employees who are subject to immigration proceedings, nor does it supersede the seniority provisions of a collective bargaining agreement or a memorandum of understanding. The bill would require the Labor Commissioner to enforce the bill's provisions. This bill would make these provisions inoperative on July 1, 2029, and would repeal them on January 1, 2030.

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, 2026, 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. For these compensable subsequent injuries occurring on or after January 1, 2026, the bill would require an employee to file an application for special additional compensation pursuant to these provisions within 5 years from the date of the subsequent compensable injury or one year from the date that the level of permanent disability arising from the subsequent compensable injury is determined by the Workers' Compensation Appeals Board (WCAB) , whichever occurs later. 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 defines murder as the unlawful killing of a human being, or a fetus, with malice aforethought. Existing law also defines manslaughter as the unlawful killing of a human being without malice, and establishes 3 kinds of manslaughter: voluntary, involuntary, and vehicular. This bill would require a law enforcement agency to review the casefile regarding an open unsolved homicide upon written application by certain persons to determine if a reinvestigation would result in probative investigative leads, as specified. The bill would define a homicide to include murder and manslaughter and an open unsolved homicide as a homicide committed after January 1, 1990, but no less than 3 years prior to the date of the application for case review, that was investigated by a law enforcement agency, for which all probative investigative leads have been exhausted and for which no suspect has been identified. If the review determines that a reinvestigation would result in probative investigative leads, this bill would require a reinvestigation, as specified. The bill would allow only one reinvestigation from being undertaken at any one time with respect to the same victim. By imposing new duties on local law enforcement 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 establishes the California Housing Finance Agency in the Department of Housing and Community Development, and authorizes the agency to, among other things, make loans to finance affordable housing, including residential structures, housing developments, multifamily rental housing, special needs housing, and other forms of housing, as specified. Existing law establishes the California Dream for All Program to provide shared appreciation loans to qualified first-time homebuyers, as specified. Existing law establishes in the State Treasury the California Dream for All Fund, which is continuously appropriated for expenditure pursuant to the program, as specified. This bill would require, upon establishment of the certification process for the descendants of American slavery established by the Bureau for Descendants of American Slavery, at least 10% of the moneys in the fund to be reserved for applicants who meet the requirements for a loan under the program and have been certified as descendants of formerly enslaved people, as specified. This bill would become operative only if SB 518 of the 2025–26 Regular Session is enacted and takes effect on or before January 1, 2027, and establishes the Bureau for Descendants for American Slavery.

Existing law, the Knox-Keene Health Care Service Plan Act of 1975, provides for the licensure and regulation of health care service plans by the Department of Managed Health Care and makes a willful violation of the act a crime. Existing law provides for the regulation of health insurers by the Department of Insurance. Existing law generally authorizes a health care service plan or health insurer to use prior authorization and other utilization review or utilization management functions, under which a licensed physician or a licensed health care professional who is competent to evaluate specific clinical issues may approve, modify, delay, or deny requests for health care services based on medical necessity. Existing law requires a health care service plan or health insurer to file various reports with the relevant regulating department. This bill would require a health care service plan or health insurer that imposes prior authorization to report specified prior authorization data from the previous calendar year on its internet website on or before February 1, 2026, for health care service plans, on or before February 1, 2028, for health insurers, and annually on or before February 1 thereafter. The bill would require a health care service plan or health insurer to annually report specified claims and prior authorization data to the relevant department by February 1 of each year, beginning February 1, 2027, for health care service plans and February 1, 2028, for health insurers. The bill would require the departments to post this information, disaggregated by plan or insurer, on their internet websites by April 15 of each year, beginning April 15, 2027, for health care service plans and April 15, 2028, for health insurers. The bill would authorize the Director of the Department of Managed Health Care and the Insurance Commissioner to reject a report required pursuant to these provisions, and would authorize the commissioner to assess an administrative penalty against a health insurer for a failure to correct a deficiency in the report. The bill would authorize the director and commissioner to make rules and regulations specifying the form and content of the reports posted online and submitted to the relevant department, as specified. Because a willful violation of these provisions by a health care service plan 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.

Maddy summaryThis bill establishes January as National Human Trafficking Awareness Month in California to raise public awareness about human trafficking. The resolution recognizes the severity of human trafficking as a felony crime and highlights statistics showing its prevalence across the country and specific challenges with identifying male victims and labor trafficking cases. It aims to educate the public and encourage reporting and support for victims during this designated month.

Existing law generally regulates classes of insurance, including automobile liability insurance. Existing law prohibits a motor vehicle, insured pursuant to a policy of automobile liability insurance, from being classified as a common carrier, livery, or for-hire vehicle solely for the reason that the named insured is performing volunteer services for a nonprofit charitable organization or governmental agency consisting of providing social service transportation, as defined. This bill, for purposes of insurance, would prohibit a motor vehicle, insured pursuant to a policy of automobile liability insurance, from being classified as a common carrier, commercial vehicle, for-hire vehicle, permissive use vehicle, or livery solely for the reason that the named insured is operating or using the insured motor vehicle to provide public social services, as defined, or social service transportation, as defined.

Existing law, the Meyers-Milias-Brown Act, contains various provisions that govern collective bargaining of local represented employees and delegates jurisdiction to the Public Employment Relations Board to resolve disputes and enforce the statutory duties and rights of local public agency employers and employees. Existing law requires the governing body of a public agency to meet and confer in good faith regarding wages, hours, and other terms and conditions of employment with representatives of recognized employee organizations. Existing law requires the governing body of a public agency, and boards and commissions designated by law or by the governing body, to give reasonable written notice, except in cases of emergency, as specified, to each recognized employee organization affected of any ordinance, rule, resolution, or regulation directly relating to matters within the scope of representation proposed to be adopted by the governing body or the designated boards and commissions. This bill would require the governing body of a public agency, and boards and commissions designated by law or by the governing body of a public agency, to give the recognized employee organization no less than 45 days' written notice before issuing a request for proposals, request for quotes, or renewing or extending an existing contract to perform services that are within the scope of work of the job classifications represented by the recognized employee organization, subject to certain exceptions. The bill would require the notice to include specified information, including the anticipated duration of the contract. The bill would also require the public agency, if an emergency or other exigent circumstance prevents the public agency from providing the written notice described above, to provide as much advance notice as is practicable under the circumstances. By imposing new duties on local public agencies, 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 shall be made pursuant to these statutory provisions for costs mandated by the state pursuant to this act, but would recognize that a local agency or school district may pursue any available remedies to seek reimbursement for these costs.

Existing unemployment compensation disability law requires workers to pay contribution rates based on, among other things, wages received in employment and benefit disbursement, for payment into the Unemployment Compensation Disability Fund, a special fund in the State Treasury. That fund is continuously appropriated for the purpose of providing disability benefits and making payment of expenses in administering those provisions. Existing law establishes, within the above state disability insurance program, a family temporary disability insurance program, also known as the paid family leave program, for the provision of wage replacement benefits for up to 8 weeks to workers who take time off work for prescribed purposes, including to care for a seriously ill family member. Existing law defines terms for its purposes, including family care leave and family member. This bill would, commencing July 1, 2028, expand eligibility for benefits under the paid family leave program to include individuals who take time off work to care for a seriously ill designated person. The bill would define designated person to mean any care recipient related by blood or whose association with the individual is the equivalent of a family relationship, and would make conforming changes to the definitions of the terms family care leave and family member. This bill would require an individual that requests for the first time family temporary disability insurance benefits to care for a designated person to identify the designated person and, under penalty of perjury, attest to how the individual is related by blood to the designated person, or how the individual's association with the designated person is the equivalent of a family relationship. By expanding the scope of the crime of perjury, the bill would impose a state-mandated local program. By authorizing expenditures from the continuously appropriated fund for these expanded purposes, this 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 establishes the Department of Industrial Relations within the Labor and Workforce Development Agency to, among other things, foster, promote, and develop the welfare of wage earners, to improve their working conditions, and to advance their opportunities for profitable employment. This bill would, until January 1, 2031, require the department, upon appropriation of funds for this purpose, to establish and maintain the California Workplace Outreach Program to promote awareness of, and compliance with, workplace protections that affect workers. The bill would require the department to issue a competitive request for application for qualified organizations, as defined, to provide education and outreach services to workers and to assist workers to assert their workplace rights. This bill would require the department to guide discussions with qualified organizations regarding priority topics for outreach and education and to consult with those organizations and the Labor and Workforce Development Agency and, as relevant, its departments and boards to create education and outreach materials informing workers of their rights on priority topics and training materials for workers and organizations. The bill would require the materials to be translated into non-English languages, to be determined by the department in consultation with each qualified organization, as appropriate for the geographic region the qualified organization serves, and would require the materials to be made in consultation and collaboration with the Civil Rights Department if those materials involve protections under the California Fair Employment and Housing Act or certain other statutes. The bill would require the department and qualified organizations to meet at least twice a year to coordinate outreach and education efforts and for qualified organizations to share information relevant to enforcement activities of the department.