Existing law, the Meyers-Milias-Brown Act and the Ralph C. Dills Act, regulate the labor relations of employees and employers of local public agencies and the state, respectively. Those acts grant specified employees, including, among others, certain employees of fire departments, of local public agencies and the state the right to form, join, and participate in the activities of employee organizations of their choosing and require public agency employers, among other things, to meet and confer with representatives of recognized employee organizations and exclusive representatives on terms and conditions of employment. The acts grant the Public Employment Relations Board the power to hear specified disputes in relation to these provisions and to make determinations regarding them. With regard to certain employees of fire departments, existing law provides that those persons do not have the right to strike or recognize a picket line of a labor organization while in the course of the performance of their official duties. This bill would provide, except as specified, that it is not unlawful or a cause for discipline or other adverse action against a public employee for that public employee to refuse to enter property that is the site of a primary strike, perform work for a public employer involved in a primary strike, or go through or work behind a primary strike line. The bill would prohibit a public employer from directing a public employee to take those actions. The bill would authorize a recognized employee organization to inform employees of these rights and encourage them to exercise those rights. The bill would also state that a provision in a public employer policy or collective bargaining agreement that purports to limit or waive the rights set forth in this provision shall be void as against public policy, except that the bill would require the parties to negotiate over the bill's provisions if the bill is in conflict with a collective bargaining agreement entered into before January 1, 2024, as prescribed. The bill would exempt certain public employees of fire departments and certain peace officers from these provisions. The bill would include related legislative findings.
Sponsored bills
Existing law requires the city council for a charter city that elects its city council using district-based elections to adopt new city council district boundaries following each federal decennial census. Existing law requires the city council to adopt the new boundaries using specified criteria, and by a specified deadline, unless the charter city has adopted different redistricting criteria or a different deadline by ordinance or in its city charter. This bill would require a charter city with a population of at least 2,500,000 people to establish an independent redistricting commission to adjust the district boundaries for the city council if the city's charter does not establish an independent redistricting commission that meets specified criteria. The bill would require the commission to adjust the boundaries of the city council districts in accordance with specified criteria and deadlines. By increasing the duties on local officials, the bill would impose a state-mandated local program. This bill would make legislative findings and declarations as to the necessity of a special statute for charter cities with a population of at least 2,500,000 people. 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, 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 also provides for the regulation of health insurers by the Department of Insurance. Existing law authorizes health care service plans and health insurers that cover prescription drugs to utilize reasonable medical management practices, including prior authorization and step therapy, consistent with applicable law. This bill would prohibit a medical service plan and a health insurer from subjecting a naloxone product, or another opioid antagonist approved by the United States Food and Drug Administration, a buprenorphine product, methadone, or long-acting injectable naltrexone for detoxification or maintenance treatment of a substance use disorder to prior authorization or step therapy. Because a willful violation of these provisions by a health care service plan would be 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 provides for the payment of unemployment compensation benefits and extended benefits to eligible individuals who meet specified requirements. Under existing law, unemployment benefits are paid from the Unemployment Fund, which is continuously appropriated for these purposes. Existing law makes an employee ineligible for benefits if the employee left work because of a trade dispute and specifies that the employee remains ineligible for the duration of the trade dispute. Existing case law holds that employees who left work due to a lockout by the employer, even if it was in anticipation of a trade dispute, are eligible for benefits. This bill would restore eligibility after the first 2 weeks for an employee who left work because of a trade dispute. The bill would codify specified case law that holds that employees who left work due to a lockout by the employer, even if it was in anticipation of a trade dispute, are eligible for benefits. The bill would specify that the bill's provisions do not diminish eligibility for benefits of individuals deprived of work due to an employer lockout or similar action, as specified. Because this bill would expand the categories of people eligible to receive benefits from a continuously appropriated fund, it would make an appropriation.
Existing law provides that 8 hours of labor constitute a day's work unless it is otherwise expressly stipulated in a collective bargaining agreement, and requires that any work in excess of specified hours in one workday or one workweek be compensated at a rate higher than the regular rate of pay for the employee, as specified. Existing law authorizes, upon the proposal of an employer, employees of an employer to adopt a regularly scheduled alternative workweek that authorizes work by the affected employees for no longer than 10 hours per day within a 40-hour workweek without the payment to the affected employees of an overtime rate of compensation, as specified. Existing law prohibits an employer from employing an employee for a work period of more than 5 hours per day without providing the employee with a meal period, as specified, but, notwithstanding these provisions, existing law authorizes the Industrial Welfare Commission to adopt a working condition order permitting a meal period to commence after 6 hours of work if specified conditions are met. Under existing law, the Industrial Welfare Commission issues wage orders that regulates wages, hours, and working conditions in various occupations, including Wage Order No. 10-2001, which regulates the amusement and recreation industry. This bill would provide that these provisions do not apply to a person who is covered by a contract to play baseball at the minor league level with a labor organization that has at least 10 years of experience representing baseball players and who is compensated pursuant to the terms of a valid collective bargaining agreement that expressly provides for the wages, hours of work, working conditions of employees, payment for time worked during the off-season and spring training, and final and binding arbitration of disputes. The bill would require the Department of Industrial Relations to amend and republish Wage Order No. 10-2001 to provide that specified provisions of the wage order do not apply to a person subject to these provisions, as specified. Existing law requires an employer, semimonthly or at the time of payment of wages, to furnish an employee an accurate, itemized, written statement containing specified information regarding the amounts earned, hours worked, and the employee's identity, among other things, subject to certain variations. Existing law provides that an itemized wage statement furnished by an employer pursuant to these provisions is not required to show total hours worked by the employee if, among other things, the employee is exempt from the payment of minimum wage and overtime under specified law. This bill would provide that an itemized wage statement furnished by an employer pursuant to these provisions is not required to show total hours worked by an employee if the employee is exempt from the payment of minimum wage and overtime under the bill's provisions described above. Existing law, the Administrative Procedure Act, governs, among other things, the procedures for the adoption, amendment, or repeal of regulations by state agencies. Existing law also describes procedures for the promulgation of regulations by the Industrial Welfare Commission. This bill would exempt these provisions from the rulemaking procedures described above. Existing constitutional provisions require that a statute that limits the right of access to the meetings of public bodies or the writings of public officials and agencies be adopted with findings demonstrating the interest protected by the limitation and the need for protecting that interest. This bill would make legislative findings to that effect. This bill would declare that it is to take effect immediately as an urgency statute.
Existing law provides for the licensing and regulation of health facilities, including, but not limited to, long-term health care facilities, as defined, by the State Department of Health Care Services. A violation of the provisions relating to these facilities is a crime. Existing law requires a contract for admission to a long-term care facility to state that a resident shall not be involuntarily transferred within, or discharged from, a long-term health care facility unless the resident is given reasonable notice in writing, and transfer or discharge planning, as specified. Existing law requires the notice to state the reason for the transfer or discharge. Existing law requires the facility to immediately notify the State Long-Term Care Ombudsman if the discharge is involuntary. When a resident is notified in writing of a facility-initiated transfer or discharge from a long-term health care facility, existing law requires that the local long-term care ombudsman be sent a copy of the notice. This bill would require the facility to provide, within 48 hours of the written notice of a facility-initiated transfer or discharge, a copy of the resident's discharge needs and discharge plan. The bill would require the facility to provide a copy of the resident's discharge summary prior to the proposed transfer or discharge date. The bill would require the facility to provide these documents at no cost to the resident. If the resident requests a transfer or discharge appeal hearing, the bill would require both the resident and the facility to provide all documents and records to be used by the party at the hearing, as specified. Because a violation of these requirements by a long-term health care facility 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.
(1) Existing law establishes the Bilingual Teacher Professional Development Program, administered by the State Department of Education, in consultation with the Commission on Teacher Credentialing, for teachers seeking to provide instruction in bilingual and multilingual settings. Existing law, for the 2023–24 fiscal year, appropriates $20,000,000 from the General Fund to the Superintendent of Public Instruction for purposes of the program, to be available for grants totaling $4,000,000 each fiscal year, from the 2023–24 fiscal year to the 2027–28 fiscal year, inclusive, as provided. Existing law requires the department to allocate grant funding to eligible local educational agencies, including county offices of education, school districts, charter schools, or a consortia of local educational agencies for purposes of providing professional development services to teachers or paraprofessionals who satisfy specified requirements, but exempts participants who are currently enrolled in, or have completed, the Asian Language Bilingual Teacher Education Program from those requirements that apply to teachers. This bill would also exempt participants who are currently enrolled in, or have completed, programs to support bilingual teacher education in languages in the classroom, such as Arabic, Cantonese, Mandarin, Spanish, Tagalog, and Vietnamese, and other languages, as represented in an instructional program, from those specified requirements that apply to teachers. By expanding the scope of eligibility for purposes of an appropriation, the bill would make an appropriation. (2) Existing requires Bilingual Teacher Professional Development Program grant recipients to provide to the department, by July 1, 2026, a preliminary report, and, by January 1, 2029, a final report, on the number of participants who were issued bilingual authorizations, the number of previously authorized teachers who have participated in the program and subsequently returned to bilingual teaching assignments, and the number of teachers who are still working at least 50% of the time in a bilingual setting. This bill would extend the deadline for the final report by one year to January 1, 2030. (3) Funds appropriated by this bill would be applied toward the minimum funding requirements for school districts and community college districts imposed by Section 8 of Article XVI of the California Constitution.