Sen. Melissa A. Melendez

This measure would designate a specified portion of Interstate 15 near the City of Lake Elsinore in the County of Riverside as the CHP Sergeant Steven L. Licon Memorial Highway. The measure would request that the Department of Transportation determine the cost of appropriate signs showing this special designation and, upon receiving donations from nonstate sources covering that cost, erect those signs.

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 creates a disputable presumption that specified injuries sustained in the course of employment of a specified member of law enforcement or a specified first responder arose out of and in the course of employment. Existing law allows for a claim to be presumed compensable if it has not been rejected within 90 days of filing, as specified. Existing law imposes a duty on an employer to provide certain safety materials and adopt safety practices as necessary. A failure to meet this duty, under specified circumstances, is a misdemeanor. This bill would, until July 1, 2024, define "injury," for certain state and local firefighting personnel, peace officers, certain correctional and law enforcement personnel, as described, certain health care employees who provide direct patient care at an acute care hospital, and certain fire and rescue services coordinators who work for the Office of Emergency Services to include illness or death resulting from COVID-19, that is diagnosed on or after January 1, 2020, if certain circumstances apply. The bill would create a disputable presumption, as specified, that the injury arose out of and in the course of the employment. The bill would require a claim to be presumed compensable, if not rejected within 30 days, as specified. This bill would explicitly add emergency equipment or personal protective equipment, as described, to those materials required to be provided by an employer. A failure to comply with this additional requirement would not constitute a misdemeanor. This bill would declare that it is to take effect immediately as an urgency statute.

This measure, in accordance with specified law, would declare that the state of emergency proclaimed by the Governor on March 4, 2020, is at an end, thereby terminating the emergency powers granted to the Governor as a result of that proclamation.

This measure would proclaim March 2, 2020, to March 6, 2020, inclusive, as School Breakfast Week.

This measure would declare the week of February 17 to February 21, 2020, inclusive, as California Fitness Week, and would encourage Californians to enrich their lives through proper nutrition and exercise.

This measure would proclaim February 20, 2020, as Introduce a Girl to Engineering Day.

This measure would recognize February 2020 as Black History Month, urge all citizens to join in celebrating the accomplishments of African Americans during Black History Month, encourage the people of California to recognize the many talents of African Americans and the achievements and contributions they make to their communities to create equity and equality for education, economics, and social justice, and recognize the significance in protecting citizens' right to vote and remedying racial discrimination in voting.

This measure would proclaim March 15, 2020, to March 22, 2020, as California Down Syndrome Awareness Week and March 21, 2020, as California Down Syndrome Day, and would encourage all Californians to support and participate in related activities.

This measure, in accordance with specified law, would declare that the state of emergency proclaimed by the Governor on March 4, 2020, is at an end and terminate the emergency powers granted to the Governor as a result of that proclamation.

(1) Existing law establishes that, for purposes of the Labor Code, the Unemployment Insurance Code, and the wage orders of the Industrial Welfare Commission, 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 exempts specified occupations and business relationships from these provisions. This bill would prohibit an employer from being subject to a monetary fine or penalty for a violation of the above provisions with respect to an applicant who has applied for unemployment benefits and has previously acted as an independent contractor during the past 5 years. The bill would repeal this provision on January 1, 2026. (2) The Labor Code Private Attorneys General Act of 2004 authorizes an aggrieved employee on behalf of the employee and other current or former employees to bring a civil action to recover specified civil penalties that would otherwise be assessed and collected by the Labor and Workforce Development Agency for the violation of certain provisions affecting employees. The act requires compliance with specified filing requirements by the aggrieved employee in order to bring the action, including providing notice to the agency and the employer with the specific provisions of the Labor Code alleged to have been violated, and the facts and theories that support the alleged violations. This bill would provide that the above act does not apply to an employee with respect to worker classification pursuant to a wage order if the employee has filed for unemployment insurance benefits and the employee's previous employer hired the employee as an independent contractor before January 1, 2020. The bill would repeal this provision on January 1, 2026. (3) Existing law authorizes the Employment Development Department to administer the federal-state unemployment insurance program and provides for the payment of unemployment compensation benefits to eligible individuals who are unemployed through no fault of their own. Existing law establishes procedures for the filing, determination, and payment of benefit claims, and those benefits are payable from the Unemployment Fund. Existing law requires the department to promptly pay benefits if it finds the claimant is eligible and to promptly deny benefits if it finds the claimant is ineligible for benefits. Existing law requires the department to consider facts submitted by an employer in making this determination and also provides for the department to audit claims, as specified. This bill would provide that an audit triggered pursuant to the federal Coronavirus Aid, Relief, and Economic Security Act (CARES Act) does not authorize the department or the Labor Commissioner, with respect to a claim for unemployment compensation benefits, to audit a previous determination of worker classification regarding an applicant's work for previous employers if the applicant has designated themselves as self-employed or as an independent contractor during the past 5 years. The bill would repeal this provision on January 1, 2026.