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Employers Group

Latest UpdateJanuary 27, 2006

The following bills are those that were carried forward from 2005, as well as those that were vetoed or signed by the Governor. Refer to the 2006 California Legislative Session to get a current bill status report.

View: Assembly Bills | Senate Bills

 

= Signed by Governor

* = Passed; Not Yet Signed

? = Under Consideration

x = Vetoed by Governor

Assembly Bills

x AB 48 Lieber Minimum Wage
09/29/2005-Vetoed by Governor
Existing law requires establishment of a minimum wage for all industries of not less than $5.75 per hour on and after March 1, 1998. Under existing law, the Industrial Welfare Commission is authorized to determine minimum wages in accordance with a prescribed procedure that includes the selection of wage boards to consider and make recommendations regarding wage issues. The current minimum wage for all industries is $6.75 per hour. This bill would increase the minimum wage to $7.25 per hour, effective on and after July 1, 2006 , and to $7.75 per hour, effective on and after July 1 , 2007, and would provide for the automatic adjustment of the minimum wage on January 1 of each year thereafter, calculated by multiplying the minimum wage by the previous year's rate of inflation, as specified.
EG NOTES: Oppose
? AB 82 Calderon Workers' compensation: private self-insurance groups.
04/27/2005-In committee: Set, second hearing. Hearing canceled at the request of author.
Existing law authorizes an employer to secure the payment of workers' compensation by securing from the Director of Industrial Relations a certificate of consent to self-insure either as an individual employer or as one employer in a group of employers upon proof satisfactory to the director of the ability to self-insure and to pay any compensation that may become due to employees. This bill would impose various requirements on private self-insured groups, including requirements with respect to the net worth of the members of these groups, the reporting of financial and other information, security deposits, insurance, membership, and administration. The bill would create the Self-Insured Groups' Security Fund for specified purposes related to the payment of the workers' compensation obligations of private self-insured groups. The bill would require that the assets in this fund be maintained separately from those in the Self-Insurers' Security Fund, and that assessments be levied on private self-insured groups for placement in this fund. This bill contains other related provisions and other existing laws.
EG NOTES: Watch (see also SB 178)
* AB 89 Horton, Jerome Health care: Employer Coverage: Disclosure
09/09/2005-Enrolled and to the Governor at 3:45 p.m.
Existing law provides for various health programs under which qualified low-income persons are provided health care services. These programs include the Medi-Cal program, which is administered by the State Department of Health Services, and the Healthy Families Program, and the Access for Infants and Mothers Program, which are administered by the Managed Risk Medical Insurance Board. This bill would require the department and the board to collaborate to, on or before March 15, 2006 , transmit to the Legislature a report identifying all employers who employ 25 or more persons who are beneficiaries or who support beneficiaries of these programs. The bill would also require the department and the board to make the report available to the public as provided in the bill.
x AB 169 Oropeza Gender Pay Equity
09/29/2005-Vetoed by Governor
Existing law prohibits employers from paying an employee at a wage rate less than the rates paid to employees of the opposite sex in the same establishment for equal work on jobs the performance of which requires equal skill, effort, and responsibility, and which are performed under similar working conditions, except where the payment differential is made pursuant to a bona fide factor other than sex. Existing law further imposes penalties on employers who violate this provision, subjecting them to civil action and specifying liquidated damages that may be paid to employees who are paid unfairly in violation of existing law. This bill would increase the damages an aggrieved employee may obtain if successful in bringing a civil action against an employer who has violated existing law to include a specified civil penalty, and would mandate the types of damages employees should recover if successful in bringing a civil action against their employer for willful violations of existing law. This bill contains other related provisions.
EG NOTES: Oppose
x AB 202 Harman Arbitration Agreements
07/20/2005-Vetoed by the Governor
Under existing law, on petition of a party to an arbitration agreement alleging the existence of a written agreement to arbitrate a controversy and that a party thereto refuses to arbitrate that controversy, the court is required to order the petitioner and the respondent to arbitrate the controversy if it determines that an agreement to arbitrate the controversy exists, unless certain other determinations are made. This bill would provide that filing a petition pursuant to this provision is the exclusive means by which a party to an arbitration agreement may seek to compel arbitration of a controversy or claim asserted in the court that is alleged to be subject to that arbitration agreement , or to defend against an action, proceeding, claim, or cause of action asserted in the court to be subject to that arbitration agreement .
? AB 227 Daucher Workers' Compensation: Benefits: Leave from State
02/15/2005-Referred to Com. on INS.
Existing law establishes a workers' compensation system to compensate an employee for injuries sustained in the course of his or her employment. Under this system, an employee may be entitled to temporary partial or temporary total disability benefits as well as medical treatment, and the Workers' Compensation Appeals Board has jurisdiction to determine claims for benefits. This bill would require any employee receiving temporary partial or temporary total disability benefits or necessary medical treatment due to a work-related injury or illness to forfeit the right to receive these benefits and medical treatment if the employee leaves the state for a period exceeding 2 weeks without written authorization of the employer. The bill would authorize the reinstatement of the right to receive these benefits and medical treatment upon either the written approval of the employer when the employee returns to the state or a finding of the appeals board.
? AB 229 Tran Medical Provider Networks: Notification of Injury

04/27/2005-In committee: Set, second hearing. Hearing canceled at the request of author.

Existing workers' compensation law requires employers to secure the payment of workers' compensation, including medical treatment, for injuries incurred by their employees that arise out of, or in the course of, employment. This bill would instead require an employer utilizing a network to arrange an initial medical evaluation and begin treatment within one working day after an employee files a claim for workers' compensation with the employer. This bill contains other existing laws.
EG NOTES: Watch
?
AB 385 Lieber Franchise Tax Board: Collection: Workers' Compensation Claims
04/18/2005 - In committee: Set, first hearing. Hearing cancelled at the request of author

Existing law requires the Franchise Tax Board to administer the levy and collection of taxes pursuant to the Personal Income Tax Law and the Corporation Tax Law, and establishes procedures for the collection of delinquent taxes. Existing law requires the Franchise Tax Board to enter into an agreement with the Department of Industrial Relations to transfer that department's responsibility for the collection of delinquent fees, wages, penalties, costs, and interest, as specified. This bill would require the Franchise Tax Board, no later than July 1, 2006, and in consultation with the Department of Industrial Relations, to develop a delinquent fee schedule to be utilized for purposes of imposing a late payment fee on an employer that is delinquent in paying specified penalties. This bill contains other related provisions.

x AB 391 Koretz

Unemployment Compensation Benefits: Locked-out Workers
09/29/2005-Vetoed by Governor

Existing law denies unemployment compensation benefits to an individual who is unemployed because of a trade dispute with the individual's employer, and provides that the unemployed individual is not eligible to receive those benefits for the period during which the trade dispute is still in active progress, if the individual's unemployment is due to that dispute. This bill would allow an otherwise eligible locked-out worker, as defined, to receive unemployment compensation benefits, even if the worker is locked out as a result of a trade dispute with the worker's employer. This bill would become operative on and after January 1, 2007. By requiring additional payments from the Unemployment Fund, a continuously appropriated special fund, this bill would make an appropriation.
EG NOTES: Oppose
? AB 521 Runner, Sharon Workers' Compensation: Fraud: Grants
08/15/2005-In committee: Set, first hearing. Hearing canceled at the request of author.
Existing workers' compensation law generally requires employers to secure the payment of workers' compensation, including medical treatment, for injuries incurred by their employees that arise out of, or in the course of, employment. This bill would require that a grant to a district attorney under these provisions be awarded on the basis of a single application for a period of three years , however, the grant money would be distributed annually, each of the three years . This bill contains other existing laws.
? AB 606 Levine Civil Rights: Sexual Orientation
04/27/2005-In committee: Set, first hearing. Hearing canceled at the request of author.
Existing law provides that all persons within the jurisdiction of this state have the right to be free from any violence, or intimidation by threat of violence, committed against their persons or property because of their race, color, religion, ancestry, national origin, political affiliation, sex, sexual orientation, age, disability, or position in a labor dispute, or because another person perceives them to have one or more of those characteristics. This bill would declare the intent of the Legislature to discourage discrimination and harassment of lesbian, gay, bisexual, and transgendered persons (LGBT) and other minority groups.
? AB 613 Mountjoy Workers' Compensation: Specific and Cumulative Injuries: Evidence
02/28/2005-Referred to Com. on INS.
Existing workers' compensation law requires employers to secure the payment of workers' compensation, including medical treatment, for injuries incurred by their employees that arise out of, or in the course of, employment. This bill would require an employee to demonstrate by a preponderance of the evidence that activities of employment were predominant as to all causes of the injury combined in order to establish that a specific or cumulative injury is compensable. This bill contains other existing laws.
EG NOTES: Support
? AB 640 Tran Employment: Work Hours
04/20/2005-In committee: Set first hearing. Failed passage. Reconsideration granted.
Existing law, with certain exceptions, establishes 8 hours as a day's work and a 40-hour workweek, and requires payment of prescribed overtime compensation for additional hours worked. Existing law authorizes the adoption by 2/3 of employees in a work unit of alternative workweek schedules providing for workdays no longer than 10 hours within a 40-hour workweek. This bill would exempt individual , non exempt employees from the alternative workweek, and would permit each individual, non exempt employee to adopt an alternative workweek schedule providing for workdays up to 10 hours per day within a 40-hour workweek, with no fixed workweek without the payment of overtime compensation, provided the employee submits a written request for that schedule to the employer, and the request is approved by the employer . The bill would prohibit an employer from encouraging or otherwise soliciting an employee to submit a request for that alternate schedule, and would exempt workers covered by a valid collective bargaining agreement from the application of that provision.
EG NOTES: Support
? AB 681 Vargas Workers' Compensation: Official Medical Fee Schedule
05/25/2005-In committee: Set, second hearing
Hearing canceled at the request of author.
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 his or her employment. This bill would instead provide that for calendar years 2003 to 2010, inclusive, the official medical fee schedule rates for physician services in effect on December 31, 2003, shall remain in effect, but that these rates shall be reduced by 5%. It would also authorize the administrative director to adopt and revise an official medical fee schedule for physician services commencing January 1, 2011, rather than January 1, 2006, and would make other clarifying changes. This bill contains other existing laws.
? AB 793 Benoit Unemployment Insurance Taxes: Employment Tax Amnesty Act of 2006

04/20/2005-In committee: Reconsideration granted.

Existing law requires employers to make contributions for the unemployment insurance coverage of their employees, and to make specified returns and reports relating to these contributions to the Employment Development Department. Existing law also requires employers to withhold from employee compensation estimated state income taxes and employee contributions for disability insurance coverage, and to make specified returns and reports related to these taxes and contributions to the department. Employers are subject to various penalties for failure to make these contributions or withholding payments and to file these returns and reports. This bill would require the Employment Development Department to develop and administer an amnesty program for a 3 -month period, under which an employer may apply for the waiver of (1) unpaid penalties, and interest owed on those penalties, imposed on or before December 31, 2004, that are owed as a result of the nonpayment or underpayment of these tax liabilities or the failure to file reports, or (2) penalties imposed, or that may be imposed, and taxes required to be withheld, that are owed as a result of the nonreporting or underreporting of these tax liabilities or the failure to file reports for periods that ended on or before December 31, 2004. This bill contains other related provisions.
EG NOTES: Support
AB 817 Matthews Insurance
09/29/2005-Chaptered by the Secretary of State, Chapter Number 395
Existing law provides for the establishment of the California Insurance Guarantee Association, managed by a board of governors, in which each insurer admitted to transact any specified class of insurance in this state is required to participate. Existing law provides that the purpose of the association is to provide each member insurer insolvency insurance. Existing law defines certain terms with respect to these provisions. This bill would expand the definition of "covered claims" to include the obligations of an insolvent insurer to reimburse or indemnify any part of the workers' compensation liability of an self-insured employer, as specified. This bill would also define a "policy of workers' compensation insurance" for purposes of these provisions and would limit coverage of claims made by self-insured employers under a specific excess workers' compensation policy issued after January 1, 2006, based upon the issuing carrier's credit rating, as specified. This bill contains other related provisions and other existing laws.
? AB 822 Benoit Employment

05/05/2005-In committee: Hearing postponed by committee. (Refers to 5/4/2005 hearing)

Existing law authorizes employers in certain circumstances to deposit an employee's wages or advance on wages in a bank, savings and loan association, or credit union of the employee' s choice. This bill would also authorize an employer to deposit an employee's wages or advance on wages in an industrial bank or a trust company. In addition, this bill would permit an employer to transfer an employee's wages or advance on wages to a card issued by a specified financial institution, if the employee voluntarily authorizes the transfer and the card can be used to access funds at an automated teller machine in California.
EG NOTES: Support
? AB 871 Keene Workers' Compensation: Health Care Organizations
06/30/2005-In committee: Set second hearing. Failed passage. Reconsideration granted.
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 his or her employment. This bill would conform these provisions to those applicable to employers who have not entered into a contract with a health care organization for the provision of medical services. This bill contains other related provisions and other existing laws.
EG NOTES: Watch
x AB 875 Koretz Employee Wages and Working Hours: Violators

09/29/2005-Vetoed by Governor

Existing law attributes various duties and requires private employers to perform certain activities with regard to employee wages, hours, and working conditions. This bill would require the Labor and Workforce Development Agency, in consultation with the Franchise Tax Board and the Joint Enforcement Strike Force on the Underground Economy, to develop and implement a set of standards that, if met by an employer, would trigger recommendation for an audit or investigation by appropriate state tax authorities of employers in violation of statutes relating to employee wages, hours, and working conditions . After July 1, 2006, this bill would require the Labor Commissioner to take specified actions to facilitate audits and investigations of employers who meet the standards required by this bill. This bill would also state findings and declarations relating to the underground economy.
EG NOTES: Oppose
x AB 879 Torrico

Employment Law Violations: Remedies
09/29/2005-Vetoed by Governor

Under existing law, if an employee believes an employer has failed to pay wages required by contract or statute, the employee may either file a civil action against the employer or file a wage claim with the Labor Commissioner seeking administrative relief. Where the administrative remedy is pursued, either party may appeal the decision of the Labor Commissioner to the superior court, for a hearing de novo. This bill would provide that, where an employer fails to file an answer to the administrative complaint , and to attend the administrative hearing , and to seek relief for failing to do so , the superior court would not hear the appeal on a de novo basis, but would review the administrative decision only for an abuse of discretion only , unless the superior court granted relief to the employer from the administrative decision under specified criteria. This bill contains other related provisions and other existing laws.
EG NOTES: Oppose
x
AB 985 Torrico Labor: Military Duty.

09/29/2005-Vetoed by Governor

Existing law provides that employers may not discharge or in any manner discriminate against specified employees. This bill, until January 1, 2011, in the case of an employee , whose job is outsourced, as defined, while the employee is taking time off to perform active military duty as a member of the militia of this state , that is not reinstated by the employer upon return from active duty, would require the employer to pay the employee an amount equal to 6-months salary , as provided. This bill would make technical nonsubstantive amendments to existing law.

? AB 1012 Nation

Overtime Compensation
06/22/2005-In committee: Set, first hearing. Hearing canceled at the request of author.

Existing law authorizes the Industrial Welfare Commission to establish exemptions from overtime wage requirements for certain employees , including certain employees in the computer software field, as specified . This bill would make technical, nonsubstantive changes to these provisions relating to employees in the computer software field, and would require the Department of Industrial Relations , contingent on adequate private funding, to report annually regarding the impact of these provisions on the retention in, and recruitment to, and outsourcing from California of computer consulting jobs , including the impact on the wages, hours, overtime, and working conditions of computer consultants in California . It would further require the department to provide copies a copy of this report to the members each member of the Assembly Committee on Labor and Employment and the Senate Committee on Labor and Industrial Relations .

? AB 1018 Nava Workers' Compensation: Medical Care and Benefits
02/23/2005-From printer. May be heard in committee March 25.
Existing workers' compensation law generally requires employers to secure the payment of workers' compensation, including medical treatment, for injuries incurred by their employees that arise out of, or in the course of, employment. Existing law contains provisions relating to comprehensive medical evaluations, medical treatment guidelines, and disability benefits. This bill would make technical, nonsubstantive changes to these provisions.
AB 1093 Matthews Employment: Wages
08/30/2005-Chaptered by Secretary of State - Chapter No. 149, Statutes of 2005
Existing law provides that all wages, with specified exceptions, earned by any person in any employment are due and payable twice during each calendar month on predesignated days, and requires that all wages earned for labor in excess of the normal work period be paid no later than the payday for the next regular payday period. Existing law requires employers to furnish their employees, semimonthly or at the time of each payment of wages, with an itemized statement containing certain information regarding compensation and deductions from payments of wages, and provides that current or former employees of an employer have the right to inspect and copy these records and requires employers to comply with requests to inspect or copy these records within 21 calendar days from the date of the request, or be subject to penalties. This bill would provide that nothing in those laws prohibits an employer that has expressed an employee's rate of pay as an annualized salary equivalent from paying that salary in equalized semimonthly installments, notwithstanding the varying number of days in each semimonthly period. This bill would authorize an employer to furnish the itemized statement in an electronic format, provided the electronic record contains all information required to be in the statement, and provided the employer provides the employee with access to print the electronic record in a confidential setting during normal business hours. This bill would also provide that an employer shall be deemed to be in compliance with that law requiring the itemized written statement if the hours worked in excess of the normal work period are itemized on the statement that accompanies the pay for those hours. This bill contains other related provisions and other existing laws.
EG NOTES: Support
? AB 1119 Blakeslee Workers' Compensation: Fraud
02/23/2005-From printer. May be heard in committee March 25.
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 his or her employment. This bill would make a technical change to these provisions. This bill contains other existing laws.
? AB 1124 Wyland Taxation: Employees
04/27/2005-In committee: Hearing postponed by committee. (Refers to 4/27/2005 hearing)
Existing law requires employers to make specified payments and withholdings from wages paid for employment. Existing law requires that those employers' payments and withholdings be paid to the Employment Development Department. Existing law excludes services performed by independent contractors from the definition of employment. This bill would deem an individual not to be an employee of an employer for these purposes if the employer has not treated the person as an employee and the tax returns filed by the employer consistently treat the individual other than as an employee. The bill would also specify the circumstances under which an employer has a reasonable basis for treating an individual other than as an employee, and would extend the period for filing a claim for refund or credit of taxes or unemployment contributions as a result of the enactment of these provisions by one year from the effective date of this bill, if those claims have not already been barred. The bill would require the department to provide an employer with written notice of these provisions at or before the time of any audit inquiry relating to the employment status of any individual who performs services for the employer. The bill would enact other related provisions.
? AB 1176 Tran Arbitration
04/05/2005-In committee: Set, first hearing. Hearing canceled at the request of author.
Existing law sets forth limited grounds for vacation of an arbitration award, including the procurement of the award by corruption, fraud, or other undue means. However, with respect to a construction contract with a public agency, the parties may expressly agree in writing that in any arbitration to resolve a dispute relating to the contract, the arbitrator's award shall be supported by law and substantial evidence. If the contract so provides, the court is required to vacate an award that is not supported by law and substantial evidence. This bill would authorize the parties to any contract to expressly agree in writing that in any arbitration to resolve a dispute relating to the contract, the arbitrator's award shall be supported by law and substantial evidence, and would require the court, where the contract so provides, to vacate an award that is not supported by law and substantial evidence.
? AB 1255 Calderon Employee Work Hours
02/23/2005-From printer. May be heard in committee March 25.
Existing law provides that 8 hours of labor constitutes a day's work and that work in excess of 8 hours in one workday shall be compensated at the rate of no less than 11/2 times the regular rate of pay for an employee. This bill would make a technical, nonsubstantive change to that provision.
x
AB 1310 Nunez Severance Offers
09/29/2005-Vetoed by Governor
Existing state law provides for the enforcement of contracts generally, but does not specifically regulate offers to compensate an employee in return for the employee's voluntary resignation. This bill would forbid an employer to offer cash or any other thing of value to an employee in return for that employee's voluntary resignation from employment unless the employer provides, at the same time that it extends that offer, to the employee specified disclosures relating to the financial consequences of the resignation and a 21-day period during which the employee may reconsider any decision to accept the offer. Failure to comply would make the employer liable to the aggrieved employee in the amount of $100 per day for the period between the offer and the date that the employer provides the required disclosures and reconsideration opportunity. The bill would provide that its provisions could not be waived by an employee except as part of a settlement in a court or an administrative, grievance, or arbitration proceeding, as specified. The bill would also exempt from its provisions public agencies, as defined , and employers with 500 or fewer employees .
EG NOTES: Oppose
AB 1311 Committee on Labor and Employment Labor Standards: Enforcement Hearings
09/29/2005-Chaptered by the Secretary of State, Chapter Number 405
Existing law authorizes the Labor Commissioner to investigate employee complaints and to provide for a hearing in any action to recover wages, penalties, and other demands for compensation and to determine all matters arising under his or her jurisdiction. Existing law requires that, when one of these hearings is set, a copy of the complaint, together with a notice of time and place of the hearing, shall be served on all parties, personally or by certified mail. Existing law provides that, following an order, decision, or award in one of these hearings, the commissioner shall serve a copy of the decision on the parties personally or by first-class mail. Existing law provides a separate set of rules for valid service of a summons in a civil action, including a rule permitting service by leaving acopy of the summons and complaint at the home or office of the person being served, as specified, and thereafter mailing a copy of the summons and complaint to the person at the place where a copy of the summons and complaint were left. This bill would additionally permit the service of the complaint, notice, or decision relating to one of these labor hearings to be served as provided in the rule permitting service of a summons in a civil action by leaving a copy at the home or office of the person being served, and thereafter mailing a copy to the person at the place where a copy was left.
? AB 1312 Committee on Labor and Employment Department of Industrial Relations: Duties
03/10/2005-Referred to Com. on L. & E.
Existing law establishes the powers and duties of the Department of Industrial Relations. This bill would require the department to report to the Legislature on at least a quarterly basis the total amount of wages, penalties, and assessments referred to the Franchise Tax Board for collection, the amount collected from each employer, the costs of collection, and the time from referral to collection for each referral leading to a collection in the period since the last report.
AB 1400 Laird Civil Rights Act
09/29/2005-Chaptered by the Secretary of State, Chapter Number 420
The Unruh Civil Rights Act generally prohibits business establishments from discriminating on the basis of sex, race, color, religion, ancestry, national origin, disability, or medical condition. The Unruh Civil Rights Act provides civil remedies for violations of its provisions. This bill would further prohibit that discrimination on the basis of familial status, marital status, or sexual orientation, and would define related terms. The bill would integrate those definitions into other related provisions, and would provide that the identification of particular bases of discrimination in those provisions are illustrative rather than restrictive. The bill would make specified findings and declarations in that regard.
EG NOTES: Oppose
? AB 1549 Koretz Workers' Compensation: Qualified Medical Evaluators and Independent Medical Reviewers
04/27/2005-In committee: Set, second hearing. Hearing canceled at the request of author.
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 his or her employment. This bill would permit acupuncturists meeting certain requirements to be appointed by the administrative director as qualified medical evaluators, and would permit psychologists, acupuncturists, optometrists, dentists, podiatrists, and chiropractic practitioners licensed by California state law and within the scope of their practice to enter into contracts with the administrative director to be independent medical reviewers. This bill contains other existing laws.
EG NOTES: Oppose
? AB 1553 Evans Arbitration
06/22/2005-In committee: Hearing postponed by committee. (Refers to 6/20/2005 hearing)
Existing law provides that written agreements to submit controversies to arbitration are valid and enforceable. This bill would provide, if an arbitration agreement requires that arbitration of a controversy be demanded or initiated within a period of time, the commencement of a civil action within that period of time shall toll the applicable time limitations contained in the arbitration agreement with respect to that controversy from the date the civil action is commenced until 30 days after a final determination by the court that the controversy must be arbitrated, or 30 days after the final termination of the civil action, whichever date occurs first.
? AB 1572 Dymally Workers' Compensation: Medical Treatment: Qualified Diagnostic Radiologists
05/04/2005-In committee: Set, first hearing. Hearing canceled at the request of author.

Existing workers' compensation law generally requires employers to secure the payment of workers' compensation, including medical treatment, for injuries incurred by their employees that arise out of, or in the course of, employment. This bill, notwithstanding this provision, would authorize a physician treating a patient who may be suffering from a job-related injury to refer that patient to the qualified diagnostic radiologist, as defined, whom the physician believes can best perform the diagnostic radiological services needed to allow for coverage determination or treatment decisions regarding his or her patient. It would also prohibit any person other than a qualified diagnostic radiologist from billing for diagnostic imaging procedures provided to workers seeking or obtaining care under the workers' compensation system. This bill contains other existing laws.

AB 1577 Benoit Unemployment Insurance Reform
08/30/2005-Chaptered by Secretary of State - Chapter No. 152, Statutes of 2005
Under existing unemployment insurance law, if a claimant for unemployment compensation left the employer's employ voluntarily and without good cause, or under one of the specified circumstances, benefits paid to the claimant that are based upon wages earned from the employer prior to the date of termination are not charged to the account of the employer, except as specified. This bill would revise the specified circumstances under which the benefits paid to a claimant are not charged to the employer's account, as provided, to include a situation when an employee was denied employment or was terminated by an unspecified licensee or facility that was required by law to deny or terminate employment of that employee based on written notification from the department that the employee had a prior criminal conviction or was determined unsuitable for employment, as provided. This bill contains other related provisions and other existing laws.
? AB 1619 Klehs Workers' Compensation: Alternative Dispute Resolution: Exclusive Bargaining Representatives
05/04/2005-In committee: Set, first hearing. Hearing canceled at the request of author.
Existing workers' compensation law requires employers to secure the payment of workers' compensation, including medical treatment, for injuries incurred by their employees that arise out of, or in the course of, employment. This bill would authorize exclusive bargaining representatives, in their capacity as employers, that are currently parties to these agreements to enter into similar agreements with their employees' recognized or certified exclusive bargaining representative. This bill contains other existing laws.
* AB 1669 Chu Employment: Discrimination
09/02/2005-Enrolled and to the Governor at 2 p.m.
Under existing provisions of the California Fair Employment and Housing Act, a person filing a complaint for an unlawful practice with the Department of Fair Employment and Housing is required to file the complaint within one year, except that the period for filing may be extended in specified circumstances. This bill would additionally provide that the period for filing a complaint for an unlawful practice may be extended for a period of time not to exceed one year from the date a person allegedly aggrieved by an unlawful practice attains the age of majority.
? AB 1670 Nation Health Care Coverage
04/26/2005-In committee: Set first hearing. Failed passage. Reconsideration granted.
Existing law establishes various programs, including the Medi-Cal program and the Healthy Families Program, to provide health care benefits to eligible persons. Under existing law, the Healthy Families Program is administered by the Managed Risk Medical Insurance Board. This bill would establish a 3 part health care coverage program. The bill would require each resident of the state to obtain minimum health care coverage, as defined, and submit documentation, except as specified, of this coverage with his or her annual income tax return filed with the Franchise Tax Board. The bill would also require the Secretary of the Health and Human Services Agency to work in conjunction with counties to establish a purchasing pool through which an essential benefits package, developed by the board and the Department of Managed Health Care, would be made available. The bill would also require the board and the department to establish a subsidy program for qualified employers, as defined, who offer essential benefits coverage for employees earning less that 200% of the federal poverty level. This bill contains other related provisions.
? AB 1709 Wyland Workplace Postings
04/20/2005-In committee: Set first hearing. Failed passage. Reconsideration granted.
Existing law requires employers to post copies of certain notices, regulations, and laws in the workplace in order to notify employers and employees of their rights and responsibilities. This bill would require that workplace posters and regulations be written in plain language so that employers and employees can easily understand them.
EG NOTES: Support
AB 1734 Koretz

Unemployment Insurance: Unemployment Compensation Benefits
09/29/05-Signed by Governor

Existing law requires employers to provide meal periods to employees during work periods of specified duration. This bill would exempt from the meal period requirement certain employees in the motion picture and broadcasting industries who are covered by a valid collective bargaining agreement that contains specified terms.

ACR 43 Horton, Jerome Labor
07/18/2005-Chaptered by Secretary of State - Chapter No. 81, Statutes of 2005
This measure would declare that the Division of Labor Standards Enforcement does not have the authority to promulgate a specified regulation relating to meal and rest periods, that this authority rests with the Legislature or the Industrial Welfare Commission, and that the specified regulation is inconsistent with existing law.

 

Senate Bills

* SB 23 Migden Healthy Families Program and Medi-Cal
09/14/2005-Enrolled. To Governor at 1 p.m.

Existing law requires the Employment Development Department to administer the unemployment compensation system, under which employers pay contributions to the department to fund the system. The department also collects other amounts from employers, including remittances of personal income taxes withheld by employers from employees. This bill would require the board to develop an informational document that may be referred to as the "Healthy Families/Medi-Cal Workplace Notice," containing certain information about the Healthy Families Program and Medi-Cal. The bill would require the Employment Development Department to notify employers, as specified, who would be required to provide the notice to their employees. This bill would also require the board to establish processes that would allow an employer to elect to allow employees to have the family contribution payments for health care coverage under the Healthy Families Program deducted from the employee's pay and transmitted to the board by the employer, or to have the contribution payments transferred from a designated financial institution to the board. This bill contains other related provisions and other existing laws.

? SB 46 Alarcon Workers' Compensation Insurance
06/29/2005-Set, first hearing. Failed passage in committee. Reconsideration granted.
Existing law generally regulates workers' compensation insurance rates. Existing law requires that rates be adequate to cover an insurer's losses and expenses, that they not tend to create a monopoly in the market, and that they not be unfairly discriminatory. Existing law requires workers' compensation insurers to file rates with the Insurance Commissioner, and allows the commissioner to disapprove rates that violate these provisions. This bill would require, instead, that workers' compensation rates not be excessive, inadequate, or unfairly discriminatory, as described. The bill would revise the workers' compensation rate regulation procedures by establishing the Commission on Workers' Compensation Rate Regulation, which would be responsible for setting pure premium rates, for adopting a uniform experience rating plan, for issuing minimum and maximum expense multipliers to be used by insurers, and for hearing appeals of rate decisions, as specified. The commission would be composed of the Governor, the Attorney General, and the commissioner, or their designees. The bill would set forth procedures for the conduct of public hearings on rate regulation, including procedures for the participation of intervenors and of a public advocate to be appointed by the Governor. The bill would require the commission to establish a policyholder ombudsman to provide information and assistance to policyholders regarding workers' compensation classifications and rates, and to prepare certain reports. This bill contains other related provisions and other existing laws.
SB 101 Battin Employee Compensation
07/21/2005-Chaptered by Secretary of State - Chapter No. 103, Statutes of 2005
Existing law requires an employer to furnish each employee with an accurate itemized statement showing, among other things, the name of the employee and his or her social security number, except that, by January 1, 2008, existing law requires the employer to include no more than the last 4 digits of the employee's social security number or an existing employee identification number other than a social security number on any check provided to an employee. Existing law requires the state, or any city, county, city and county, district, or any other governmental entity, if it furnishes its employees with a check, draft, or voucher paying the employee's wages, to, by January 1, 2008, use no more than the last four digits of the employee's social security number or to use an existing employee identification number other than the social security number on that check, draft, or voucher. Existing law provides that a knowing and intentional violation of this provision is a misdemeanor. This bill would clarify existing law to require that an employer, by January 1, 2008, include on the itemized statement provided to an employee the last 4 digits of the employee's social security number or an employee identification number other than a social security number. The bill would further clarify existing law to require, by January 1, 2008, that the state, or any city, county, city and county, district, or any other governmental entity, if it furnishes its employees with a check, draft, or voucher paying the employee's wages, to use no more than the last four digits of the employee's social security number or to use an employee identification number other than the social security number on an itemized statement to accompany the check , draft, or voucher. By imposing new duties on employers, the violation of which is a misdemeanor, this bill imposes a state-mandated local program . This bill contains other related provisions and other existing laws.
EG NOTES: Support
? SB 146 McClintock Unemployment Compensation: Addresses
03/23/2005-Set, first hearing. Hearing canceled at the request of author.
Existing unemployment insurance law requires the Employment Development Department to pay unemployment compensation benefits to unemployed individuals. This bill would require that the department take reasonable steps to verify eligible claims before payments are mailed on any new claims, as provided.
EG NOTES: Support
x SB 174 Dunn Minimum Wage
09/29/2005-Vetoed by Governor
Existing law provides that any employee receiving less than the legal minimum wage or the legal overtime compensation applicable to the employee is entitled to recover in a civil action the unpaid balance of the full amount of the minimum wage or overtime compensation, including interest, attorney's fees, and costs. This bill would provide that if the employee was paid less than twice the minimum wage at the time of a violation of that law, the civil action to recover unpaid minimum wages or overtime compensation may be brought by the employee in the interests of himself or herself and other current and former employees who were also paid less than twice the state minimum wage at the time of the violation.
EG NOTES: Oppose
? SB 178 Poochigan Workers' Compensation: Private Self-Insurance Groups
04/20/2005-Set, second hearing. Hearing canceled at the request of author.
Existing law authorizes an employer to secure the payment of workers' compensation by securing from the Director of Industrial Relations a certificate of consent to self-insure either as an individual employer or as one employer in a group of employers upon proof satisfactory to the director of the ability to self-insure and to pay any compensation that may become due to employees. This bill would impose various requirements on private self-insured groups, including requirements with respect to the net worth of the members of these groups, the reporting of financial and other information, security deposits, insurance, membership, and administration. The bill would create the Self-Insured Groups' Security Fund for specified purposes related to the payment of the workers' compensation obligations of private self-insured groups. The bill would require that the assets in this fund be maintained separately from those in the Self-Insurers' Security Fund, and that assessments be levied on private self-insured groups for placement in this fund. This bill contains other related provisions and other existing laws.
EG NOTES: Watch - see also AB 82
? SB 179 Poochigan Workers' Compensation: Fraud Prevention
04/25/2005-Set, first hearing. Hearing canceled at the request of author.
Existing law requires the Insurance Commissioner to ensure that the Bureau of Fraudulent Claims within the Department of Insurance aggressively pursues all reported incidents of probable workers' compensation fraud, as defined. Existing law establishes the Fraud Assessment Commission for specified purposes relating to workers' compensation fraud. This bill would allow the Fraud Assessment Commission to hire an executive officer and staff to support its activities. This bill contains other related provisions and other existing laws.
? SB 285 Maldanado Employee Wages
04/19/2005-Set, first hearing. Hearing canceled at the request of author.
Existing law provides that any earned and unpaid wages are due and payable by an employer immediately at the time an employee is discharged, and that, where an employer lays off a group of employees by reason of the termination of seasonal employment specified, such payment is deemed to have been made immediately when such wages are paid within a reasonable time as specified, not to exceed 72 hours, and in the manner indicated. This bill would provide that, where an employer discharges instead any employee, payment is deemed to have been made immediately when such wages are paid within the time and manner indicated, and further that the date of mailing shall constitute the date of payment for the purposes of the requirement to provide payment within 72 hours. This bill contains other related provisions and other existing laws.
? SB 300 Keuhl Family and Medical Leave
08/25/2005-Set, second hearing. Hearing canceled at the request of author.
Existing law, the Moore-Brown-Roberti Family Rights Act, makes it an unlawful employment practice for an employer, as defined, to refuse to grant a request by an eligible employee to take up to 12 workweeks of unpaid protected leave during any 12-month period (1) to bond with a child who was born to, adopted by, or placed for foster care with, the employee, (2) to care for the employee's parent, spouse, or child who has a serious health condition, as defined, or (3) because the employee is suffering from a serious health condition rendering him or her unable to perform the functions of the job. Under the act, "child" means a biological, adopted, foster, or stepchild, a legal ward, or a child of a person standing in loco parentis, who is either under age 18 or an adult dependent child. The act defines "parent" to mean the employee's biological, foster, adoptive, or stepparent, legal guardian, or other person who stood in loco parentis to the employee when the employee was a child. This bill would increase the circumstances under which an employee is entitled to protected leave pursuant to the Family Rights Act by (1) eliminating the age and dependency elements from the definition of "child," thereby permitting an employee to take protected leave to care for his or her independent adult child suffering from a serious health condition, (2) expanding the definition of "parent" to include an employee's parent-in-law and (3) permitting an employee to take leave to care for a seriously ill grandparent, sibling, or domestic partner, as defined.
EG NOTES: Oppose
? SB 331 Cedillo Workers' Compensation: Medical Fee Schedule
04/26/2005-Set, first hearing. Hearing canceled at the request of author.
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 his or her employment. This bill would instead require the administrative director to adopt these fees in accordance with the fee-related structure and rules only of the relevant Medicare payment systems. This bill contains other related provisions and other existing laws.
EG NOTES: Support
? SB 334 Murray Business Climate in California
02/24/2005-To Com. on RLS.
Existing law provides for the regulation of various types of businesses and their activities. This bill would express the Legislature's intent to improve the business climate in this state.
? SB 406 Dutton Workers' Compensation: Expenses and Indemnity Payments Report
08/17/2005-Set, first hearing. Hearing canceled at the request of author.
Existing law requires every employer except the state to secure the payment of workers' compensation either by being insured against liability by one or more insurers duly authorized to write compensation insurance in this state or by securing a certificate of consent to self-insure from the Director of Industrial Relations. This bill would require the director, on or before June 30, 2006, to prepare a report to the Legislature regarding the feasibility of collecting and providing, through the director's Internet Web site, online, cumulative, statewide data related to payments made to vendors and service providers, and indemnity payments to workers, by employers under self-insured programs.
? SB 489 Alarcon Workers' Compensation
03/03/2005-To Com. on RLS.
Existing workers' compensation law requires employers to secure the payment of workers' compensation for injuries incurred by their employees that arise out of, or in the course of, employment. Existing law contains provisions relating to medical evaluations, medical treatment, and permanent disability. This bill would make technical, nonsubstantive changes to these provisions.
? SB 494 Campbell Workers' Compensation
03/03/2005-To Com. on RLS.
Existing law establishes a workers' compensation system to compensate an employee for injuries sustained in the course of employment. Under this system, the Workers' Compensation Appeals Board has jurisdiction to determine these claims. Existing law prohibits petitions filed with the appeals board concerning a continuing temporary disability award from being granted while the injured worker is pursuing a rehabilitation plan. This bill would make a technical, nonsubstantive change to this provision.
? SB 538 Kuehl Workers' Compensation: Medical Provider Networks: Accountability
07/13/2005-Placed on APPR. suspense file.

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 his or her employment. This bill would require a medical provider network to demonstrate, in a manner determined by the administrative director, that it has the organizational and administrative capacity to provide services to covered employees. The bill would require a medical provider network, by July 1, 2006, to establish a quality assurance committee to perform various functions relating to quality of care, and to comply with additional requirements regarding the composition of a network. The bill would require reapproval of a network every 3 years. This bill contains other related provisions and other existing laws.
EG NOTES: Watch

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SB 639 Alarcon Workers' Compensation: Experience Rating: Occupational Classifications
04/14/2005-Set, first hearing. Hearing canceled at the request of author.
Existing law generally regulates workers' compensation insurance. Existing law requires every workers' compensation insurer to adhere to a uniform experience rating plan filed with the Insurance Commissioner. Existing law requires each insurer to use a classification system developed by the commissioner and his or her designated rating organization, or a system developed by the insurer. This bill would require that a classification system developed by the commissioner, a rating organization, or an insurer take account of the numbers of employees in specifically defined occupational categories, and would prohibit such a classification system from classifying an employer based solely on the industry in which the employer is involved. This bill contains other related provisions and other existing laws.
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SB 778 Florez Banks: Cashing of Paychecks
04/27/2005-Set, first hearing. Failed passage in committee. (Ayes 4. Noes 4. Page 838.) Reconsideration granted.

Existing law provides for the regulation of banks by the Commissioner of Financial Institutions, including regulation of federally chartered banks to the extent consistent with federal law. Existing law imposes various requirements on banks with regard to deposits, checks, and investments. This bill would require a bank that issues paychecks for a business client to notify the business client that it is required to pay for any charge or fee assessed by the bank for the cashing of those paychecks by employees who do not have an account at the bank.

? SB 840 Keuhl Single-Payer Health Care Coverage
07/12/2005-Read second time. Amended. Re-referred to Com. on RLS.
Existing law does not provide a system of universal health care coverage for California residents. Existing law provides for the creation of various programs to provide health care services to persons who have limited incomes and meet various eligibility requirements. These programs include the Healthy Families Program administered by the Managed Risk Medical Insurance Board, and the Medi-Cal program administered by the State Department of Health Services. Existing law provides for the regulation of health care service plans by the Department of Managed Health Care and health insurers by the Department of Insurance. This bill would establish the California Health Insurance System to be administered by the newly created California Health Insurance Agency under the control of an elected Health Insurance Commissioner. The bill would make all California residents eligible for specified health care benefits under the California Health Insurance System, which would, on a single-payer basis, negotiate for or set fees for health care services provided through the system and pay claims for those services. The bill would impose limits on deductibles or copayments that the commissioner would be authorized to establish. The bill would require the health care system to be operational within 2 years of enactment, and would enact various transition provisions. The bill would require the commissioner to seek all necessary waivers, exemptions, agreements, or legislation to allow various existing federal, state, and local health care payments to be paid to the California Health Insurance System, which would then assume responsibility for all benefits and services previously paid for with those funds. This bill contains other related provisions and other existing laws.
EG NOTES: Oppose
?
SB 862 Perata Minimum Wage Increase
03/10/2005-To Com. on RLS.
Under existing law, Industrial Wage Orders establish the minimum wage for all industries as $6.75 per hour. This bill would increase the minimum wage to an unspecified amount. This bill contains other related provisions.
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SB 870 Escutia Violations
05/26/2005-Set, first hearing. Held in committee and under submission
Existing law vests local and regional authorities, defined as the governing body of any city, county, or air pollution control district or air quality management district with the primary responsibility for control of air pollution from all sources other than vehicular sources. Existing law establishes maximum criminal and civil penalties for any person, as defined, for violations of air pollution laws from nonvehicular sources. This bill would redefine "person" to exclude specified entities from the current maximum criminal and civil penalty provisions. The bill would instead establish separate , but identical offenses for entities, as defined, resulting from nonvehicular sources , with increased fines and civil penalties for those violations . This bill would specify that penalties collected from entities be deposited into the Air Pollution Business Penalty Fund, created by this bill, to be used for specified purposes. The bill would require the State Air Resources Board to establish a statewide enforcement policy to address the lack of enforcement in specified communities, and to identify strategies to bring specified areas into compliance. The bill would require notices to be mailed to each residence and business within a one-mile radius of the facility in violation, and to persons requesting notice in specified circumstances. The bill would require each district and the state board to post specified information relating to enforcement on Web sites , and would require the state board to audit each district at least once every 4 years for its enforcement history, as provided.
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SB 916 Speier Workers' Compensation: Defined Benefits Plans: Disability Indemnity Benefits
04/27/2005-Set, first hearing. Failed passage in committee. (Ayes 3. Noes 5. Page 849.) Reconsideration granted.
Existing workers' compensation law requires employers to secure the payment of workers' compensation, including medical treatment, for injuries incurred by their employees that arise out of, or in the course of, employment. Existing law provides that an injured employee is entitled to various types of benefits including temporary and permanent disability benefits and life pension benefits, depending on the nature and extent of the injury. This bill would require a claims administrator to suspend or reduce the amount of workers' compensation indemnity benefits, including temporary disability benefits, permanent disability benefits, and lifetime pension benefits that a retired employee in a defined benefit retirement plan may receive based on the amount of the retirement allowance received by the employee.
EG NOTES: Support
?
SB 986 Escutia Consumer Credit Reports: Employment Purposes
05/03/2005-Set, first hearing. Hearing canceled at the request of author.
Existing law defines and regulates consumer credit reporting agencies and investigative consumer reporting agencies. Existing law permits consumer credit reporting agencies and investigative consumer reporting agencies to provide their reports only under specified circumstances, one of which is to a person that an agency has a reason to believe intends to use the information for employment purposes. Existing law defines "employment purposes" as when a report is used for the purpose of evaluating a consumer for employment, promotion, reassignment, or retention as an employee. This bill would revise the definition of "employment purposes" to require that, when the consumer credit report or the investigative consumer report is used for employment purposes, as described above, the information be directly related to the skills necessary to perform the job.
x
SB 1023 Dunn Workers' Compensation: enforcement: penalties
09/29/2005-Vetoed by Governor
Existing law establishes a workers' compensation system to compensate an employee for injuries sustained in the course of employment. Under this system, the Workers' Compensation Appeals Board has jurisdiction to determine these claims. This bill would provide that if an employer fails to fully comply with an order or award of the appeals board within 10 days after that order or award has become final and the employee is required at any subsequent time to return to the appeals board to enforce the order or award, the employer shall pay to the employee, in addition to any other amount due the employee, the sum of $2,000 for the first enforcement action and $5,000 for the second and each subsequent enforcement action. This bill contains other existing laws.
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SB 1030 Hollingsworth Discrimination: Religion
03/17/2005-To Com. on JUD.
Existing law provides that no business establishment shall discriminate against, boycott or blacklist, or refuse to buy from, contract with, sell to, or trade with any person in this state because of the race, creed, religion, color, national origin, sex, disability, or medical condition of the person, as specified. This bill would require that those provisions not be construed to require a business establishment to provide nonessential services to a member of the public, if to do so would violate one's conscience due to a sincerely held religious belief.
SCR 25 Speier Employer Safety
09/06/2005-Chaptered by Secretary of State - Chapter No. 105, Statutes of 2005
This measure would urge employers to ensure that their injury prevention programs and other systems for identifying and correcting workplace hazards , consider the effects of ultraviolet radiation and implement ensure that skin cancer prevention policies to protect for outdoor workers are put into operation . The measure would also call upon urge the appropriate state , by no later than July 2006, agencies to utilize existing means of communication with employers to advise employers of the importance of sun safety and skin cancer protections in the workplace.
SJR 7 Bowen Equal Pay Day
05/03/2005-Chaptered by Secretary of State - Chapter No. 35, Statutes of 2005

This bill would proclaim April 19, 2005, as Equal Pay Day in California and would urge Congress to protect the right of all American women to receive equal pay for equal work, and to continue to provide effective remedies to victims of discrimination in the payment of wages on the basis of sex.