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 prohibits aggregate disability payments for a single injury occurring on or after April 19, 2004, causing temporary disability from extending for more than 104 compensable weeks within a period of 2 years from the date of commencement of temporary disability payment, except if an employee suffers from certain injuries or conditions. This bill would , for a single injury occurring on or after January 1, 2008, increase to 5 years from the date of injury, the period of time during which an employee can receive aggregate disability payments.
EG Notes: Oppose

Existing law provides for various 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 Care 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, on or before March 15 of each year, to collaborate to 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, as specified. The bill would also require the department and the board to make the report available to the public as provided in the bill.
EG Notes: Oppose

Existing law provides certain benefits for qualifying members of the Armed Forces of the United States, National Guard, and Reserves. This bill would require a qualified employer to allow a qualified employee who is a spouse of a qualified member of the Armed Forces, National Guard, or Reserves to take up to 10 days of unpaid leave during a qualified leave period, as provided. This bill contains other related provisions.

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, for purposes of these provisions, require that these employees be employed on a regular, or full-time basis, but would eliminate the requirement that these employees be members of the Public Employees' Retirement System or the Los Angeles City Employees' Retirement System or subject to the County Employees' Retirement Law of 1937. The bill would provide that the provisions pertaining to a leave of absence shall not apply to certain public safety personnel who are employees of the City and County of San Francisco. By increasing the duties of local officials with respect to the administration of this provision, this bill would impose a state-mandated local program. This bill contains other related provisions and other existing laws.

Existing law prohibits any employer from discriminating in the amount of wages paid for equal work, based upon the sex of the employee. These provisions are enforced by the Division of Labor Standards Enforcement by investigating complaints filed by employees and filing and prosecuting civil actions on their behalf. This bill would require employers to maintain these records for 5 years. This bill contains other related provisions and other existing laws.

Existing law contains provisions that define unlawful discrimination and employment practices and establish procedures for an employee who has suffered discrimination or other unlawful practices, as defined, to file a complaint with the Fair Employment and Housing Department, or under certain circumstances, to bring a civil action against his or her employer. This bill would specify when a cause of action for unlawful discrimination or unlawful employment practice with respect to compensation accrues for determining whether a complaint was filed within statutory deadlines.
EG Notes: Oppose

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. This bill would permit employees to recover liquidated damages in complaints brought before the Labor Commission alleging payment of less than the state minimum wage.
EG Notes: Oppose

Under existing law, a violation of the laws related to using strikebreakers and lockouts may result in a fine or imprisonment, or both. This bill would, in addition, require employers, other than the state and its political subdivisions, that are convicted of a crime involving fraud, misrepresentation, or misconduct related to a lockout, as defined, to make restitution to employees for lost wages and benefits. The bill would impose a state-mandated local program by changing the penalties for a crime. This bill contains other related provisions and other existing laws.
EG Notes: Oppose

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, or adoptive parent , 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 also take leave to care for a seriously ill grandparent, sibling, grandchild, or domestic partner, as defined.

Existing law requires the Division of Occupational Safety and Health to research ways to improve worker safety. This bill would require the division to investigate the health and safety of workers in state developmental centers, veterans' homes, and state hospitals, where there are staff shortages. This bill contains other related provisions and other existing laws.

Existing law provides that workers' compensation insurers generally perform a payroll verification audit to compare the actual premium to the estimated premium. This information is generally supplied by the insured employer. This bill would provide that if an employer fails to provide for access by the insurer or its authorized representative to its records, to enable the insurer to perform an audit, the employer shall be liable to pay to the insurer a total premium for the policy equal to 3 times the insurer's then-current estimate of the annual premium on the expiration date of the policy. The employer shall also be liable for costs, as specified. This bill contains other related provisions.

Existing law prohibits an employer from requiring an employee to work during any meal or rest period mandated by an order of the Industrial Welfare Commission and establishes penalties for an employer's failure to provide a mandated meal or rest period. This bill would permit parties in the transportation industry , under a valid collective bargaining agreement, to establish an off-duty meal period that commences after not more than 6 hours of work and the circumstances for on-duty meal periods by commercial drivers if the collective bargaining agreement also provides a premium rate for overtime hours and a specified regular hourly rate . This bill contains other related provisions.

Existing law prohibits certain employment contract provisions as against public policy and declares provisions in certain construction contracts between a contractor and subcontractor for work in this state that purport to require dispute resolution between the parties to be commenced or determined outside of the state to be void and unenforceable. This bill would make void and unenforceable as against public policy any provision in an employment contract that requires an employee, as a condition of obtaining or continuing employment, to use a forum other than California, or to agree to a choice of law other than California law, to resolve any dispute with an employer regarding employment-related issues that arise in California.
EG Notes: Oppose

The existing California Occupational Safety and Health Act of 1973 was enacted to assure safe and healthful working conditions by authorizing the enforcement of effective standards, assisting and encouraging employers to maintain safe and healthful working conditions, and by providing for research, information, education, training, and enforcement in the field of occupational safety and health. The Occupational Safety and Health Board, an independent entity within the Department of Industrial Relations, has exclusive authority to adopt occupational safety and health standards within the state. This bill would require the Occupational Safety and Health Standards Board, by July 1, 2008, to adopt a standard, as specified, to protect workers from being exposed to excessive heat indoors.

Existing law establishes a workers' compensation system to compensate an employee for injuries sustained in the course of his or her employment. Existing law requires that the Administrative Director of the Division of Workers' Compensation, on or before January 1, 2004, adopt, after public hearings, a medical treatment utilization schedule, as specified. Existing law provides that, notwithstanding the medical treatment utilization schedule or guidelines set forth in the American College of Occupational and Environmental Medicine's Occupational Medicine Practice Guidelines, for injuries occurring on and after January 1, 2004, an employee shall be entitled to no more than 24 chiropractic, 24 occupational therapy, and 24 physical therapy visits per industrial injury, but specifies that this limit shall not apply when an employer authorizes, in writing, additional visits to a health care practitioner for physical medicine services. This bill would also prohibit the limit on the number of chiropractic, occupational therapy, and physical therapy visits from applying to visits for postsurgical physical medicine and rehabilitative services.
EG Notes: Oppose

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. Existing law requires that implantable medical devices, hardware, and instrumentation for specified diagnostic related groups (DRGs) be separately reimbursed in accordance with a prescribed formula. This bill would, notwithstanding the above provisions, commencing January 1, 2008, and continuing until January 1, 2011, authorize the administrative director, after public hearings, to adopt and revise, no less frequently than biennially, an official medical fee schedule for inpatient facility fees for burn cases in accordance with specified requirements. This bill contains other existing laws.

Existing law prohibits smoking of tobacco products inside all enclosed spaces of places of employment as defined, but exempts certain places of employment, including owner-operated bars and specified warehouses, hotel lobbies, employee break rooms, and meeting and banquet rooms, from this prohibition. This bill would remove the exemptions that permit smoking in specified bars, warehouses, hotel lobbies, employee breakrooms, and meeting and banquet rooms, while retaining exemptions for other types of businesses. This bill would also prohibit smoking in specified owner-operated businesses regardless of whether or not they have employees. This bill contains other related provisions and other existing laws.

Existing law establishes a workers' compensation system, administered by the Administrative Director or the Division of Workers' Compensation, to compensate an employee for injuries sustained in the course of his or her employment. Existing law requires the payment of disability benefits to eligible individuals for injuries sustained in the course of employment that cause permanent disability, and specifies that the amount of those payments be computed in accordance with a prescribed formula. This bill would require, for injuries occurring on or after January 1, 2008, if the employee has not returned to work within 60 days of a disability becoming permanent and stationary, the provision of such a voucher to an injured employee no later than 74 days after the date the disability has been determined to be permanent and stationary. The bill would require the employer, if the percentage of permanent disability has not been determined, to provide a voucher based on the reasonable estimate of the percentage of permanent disability, as specified, and would require the employer, if the percentage of permanent disability is later determined to be higher than that estimate, to provide the additional voucher amount immediately upon determining the correct percentage of permanent disability. The bill would require an employer, if the percentage of permanent disability is later determined to be lower than the estimate, to reissue the voucher in the correct amount, and to notify the employee that any unused portion of the original voucher in excess of the appropriate amount is no longer available. The bill would also require an employer to notify the employee, in a manner prescribed by the administrative director, of an employee's determination of permanent disability consistent with those provisions, and of any delay in determining the employee's correct percentage of permanent disability benefits. This bill contains other related provisions and other existing laws.
EG Notes: Oppose

Under existing law, employees have a right to inspect employment records. This bill would require employers to maintain employment records for a specified time and to provide inspection and copies within a specified time to current and former employees or their representatives. The bill would authorize those employees to recover a $750 penalty from an employer for failure to do so and to bring an action to obtain compliance , and it would provide that a violation of its provisions constitutes an infraction .

Existing law requires that all wages be paid twice during each calendar month, that wages be paid immediately upon discharge, and that wages be paid within 72 hours if an employee quits, with certain exceptions. This bill would provide that for employees of temporary services employers, as defined, wages shall be paid weekly, or daily if an employee is assigned to a client, as defined, on a day-to-day basis or to a client engaged in a trade dispute. This bill contains other related provisions and other existing laws.

Under existing law, the prevailing party, with certain exceptions, is entitled to an award of attorney's fees in an action brought for nonpayment of wages, fringe benefits, or health and welfare or pension fund contributions, or in an action brought for underpayment of the minimum wage or overtime compensation. This bill would add expert witness fees to the prevailing party in any such recovery. This bill contains other related provisions and other existing laws.