Existing law sets wage, hour, meal break requirements, and other working conditions for employees and requires an employer to pay overtime wages as specified to an employee who works in excess of a workday or workweek, as defined, and imposes criminal penalties for the violation of these requirements. Existing law exempts agricultural employees from these requirements. Under existing law, the function of the Department of Industrial Relations is to, among other things, foster, promote, and develop the welfare of the wage earners of California, to improve their working conditions, and to advance their opportunities for profitable employment. This bill would remove the exemption for agricultural employees regarding hours, meal breaks, and other working conditions, including specified wage requirements, and would create a schedule that would phase in overtime requirements for agricultural workers, as defined, over the course of 4 years, from 2019 to 2022, inclusive. Beginning January 1, 2022, the bill would require any work performed by a person, employed in an agricultural occupation, in excess of 12 hours in one day to be compensated at the rate of no less than twice the employee's regular rate of pay. The bill would authorize the Governor to delay the implementation of these overtime pay provisions if the Governor also suspends the implementation of a scheduled state minimum wage increase, as specified. The bill would require the Department of Industrial Relations to update a specified wage order for consistency with these provisions. The bill would create a state-mandated local program by including agricultural employees as a class of employees protected by criminal penalties under existing law. 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.
Sponsored bills
This measure would designate the month of May 2016 as Bone Marrow Donation Awareness Month.
This measure would proclaim the month of May 2016 as Bladder Cancer Awareness Month.
This measure would designate the portion of Interstate 10 from the State Route 57 Interchange to the North Towne Avenue exit in the County of Los Angeles as the Pomona Police Officer Shaun Diamond Memorial Highway. The measure would also request the Department of Transportation to determine the cost of appropriate signs showing this special designation and, upon receiving donations from nonstate sources covering that cost, to erect those signs.
This measure would proclaim the month of February 2016 as Teen Dating Violence Awareness and Prevention Month, and would encourage all Californians to observe Teen Dating Violence Awareness and Prevention Month with programs and activities that raise awareness about teen dating violence.
This measure would recognize April 17, 2016, as World Hemophilia Day.
This measure would request the President and the Congress of the United States to express their support for access to comprehensive reproductive health care, including the services provided by Planned Parenthood, and to oppose efforts to eliminate federal funding for Planned Parenthood.
The Political Reform Act of 1974 generally prohibits a public official, as defined, from making, participating in making, or using his or her official position to influence a governmental decision in which the official has a financial interest. The act also requires the disclosure of specified financial interests of certain public officials on a statement of economic interests, which is filed annually. The act imposes certain restrictions on postgovernmental employment of specified public officials of state and local agencies. This bill would require each state agency and each local agency that maintains an Internet Web site to make publicly available on that Internet Web site the statements of economic interests filed by the specified public officials. This bill would prohibit an elected or appointed officer of a state or local agency, while holding office and for a period of one year after leaving office, from engaging in specified conduct, including maintaining employment with, as specified, or being a compensated consultant of that agency or, for compensation, aiding, advising, consulting with, or assisting an entity with a permit, regulatory action, or enforcement action pending before the agency. A violation of the act is punishable as a misdemeanor. By expanding the scope of an existing crime, this bill would impose a state-mandated local program. The bill would also impose a state-mandated local program by increasing the duties imposed on local officials. 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. The Political Reform Act of 1974, an initiative measure, provides that the Legislature may amend the act to further the act's purposes upon a 23 vote of each house and compliance with specified procedural requirements. This bill would declare that it furthers the purposes of the act.
(1) Under existing law, as amended by Proposition 35, an initiative measure approved by the voters at the November 6, 2012, statewide general election, a person who deprives or violates another person's personal liberty with the intent to obtain forced labor or services or who deprives or violates another person's personal liberty with the intent to obtain forced labor or services or for the purpose of prostitution or sexual exploitation is guilty of human trafficking, a felony. Proposition 35 provides that it may be amended by a statute in furtherance of its objectives by a majority of the membership of each house of the Legislature concurring. This bill would require a peace officer to determine whether a suspect of a crime is a minor who is a human trafficking victim, and whether any other crime that person is suspected of was committed as a direct result of being trafficked. The bill would require the peace officer to make a record of this determination and provide the district attorney with the record for an independent review. Upon making this determination, unless the minor is otherwise arrested, the bill would require the peace officer to report suspected abuse or neglect of the minor to the county child welfare agency and consult with a child welfare worker regarding safe placement for the minor and would require the peace officer to transport the minor to that placement. The bill would allow the minor to be adjudged a dependent subject to the jurisdiction of the juvenile court and would allow the minor to be taken into temporary custody to protect the minor from his or her human trafficker. By imposing new duties on local peace officers, this bill would impose a state-mandated local program. (2) Existing law requires the Commission on Peace Officer Standards and Training to implement a course of instruction for the training of law enforcement officers in California in the handling of human trafficking complaints and to develop guidelines for law enforcement response to human trafficking. This bill would require the commission to update its training to conform with changes in law that this bill would make regarding minors who are victims of human trafficking. (3) Existing law allows a child who is sexually trafficked, or who receives food or shelter in exchange for, or who is paid to perform, sexual acts, and whose parent or guardian has failed or was unable to protect the child, to be adjudged a dependent of the juvenile court. This bill would additionally allow a child who was deprived of his or her personal liberty with the intent to obtained forced labor or services, and whose parent or guardian has failed or was unable to protect the child, to be adjudged a dependent of the juvenile court. The bill would require the State Department of Social Services, in consultation with the California Child Welfare Council, the State Department of Health Care Services, the Children and Family Services Division of the State Department of Social Services, the Department of Corrections and Rehabilitation, Division of Juvenile Justice, and the State Department of Education, as well as specified stakeholders, to submit a report to the Legislature no later than July 1, 2018, on efforts already underway to address labor trafficking of minors and a detailed plan for how the State Department of Social Services, in conjunction with the California Health and Human Services Agency, will address labor trafficking of minors, as provided. (4) Existing law requires the administrator certification program for group homes, the administrator certification program for short-term residential treatment centers, mandatory training for licensed or certified foster parents, and training for mandated child abuse reporters and child welfare personnel to include cultural competency and sensitivity and related best practices for children across diverse ethnic and racial backgrounds as well as children identifying as lesbian, gay, bisexual, or transgender. This bill would require that the administrator certification program for group homes, the administrator certification program for short-term residential treatment centers, mandatory training for licensed or certified foster parents, and training for mandated child abuse reporters and child welfare personnel include instruction on cultural competency and sensitivity and related best practices for providing adequate care to child trafficking victims. (5) 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 these statutory provisions.
Existing law establishes the Division of Labor Standards Enforcement in the Department of Industrial Relations for the enforcement of labor laws, and establishes certain obligations on an employer, including, requiring an employer to post specified wage and hour information in a location where it can be viewed by employees. Under existing law, any person who deprives or violates the personal liberty of another with the intent to obtain forced labor or services is guilty of the crime of human trafficking. This bill would require a private or public employer that provides mass transportation services, as specified, in the state to train its employees, who are likely to interact or come into contact with victims of human trafficking, in recognizing the signs of human trafficking and how to report those signs to the appropriate law enforcement agency. The bill would require the Department of justice to develop guidelines for the training, including, but not limited to, guidance on how to report human trafficking. The bill would require that, by January 1, 2018, the training be incorporated into the initial training process for all new employees and that all existing employees receive the training.