Legislative Update

A split government has certainly slowed down the former torrent of employment bills.  Here’s an update on the selected bills tracked by CEL:

AB 1912: Would have forbidden an employer from terminating an employee who brought a firearm to work in his car.  Status: apparently dead (second hearing in committee withdrawn by author).

AB 2095:  Limits sexual harassment training requirement to supervisors in California.  Status:  Has cleared committee in Assembly, but has been amended in the Senate.  It passed 78-0 on its third reading.  Differences will need to be worked out in conference, but it’s on its way to passage.

AB 2186:  This bill formerly stiffened penalties to misclassifying workers as independent contractors.  It has been gutted to allow the EDD to seek $25,000 fines for misreporting employees (including as having independent contractor status).  Status: returned to committee in Assembly, the originating house.  Judiciary Committee has taken jurisdiction over this bill, but has not acted. 

AB 2217:  Individualized alternative work weeks. Status: rejected in committee.  Reconsideration has been granted, but this bill is probably dead at this point.

AB 2327:  Requires additional reporting on paystubs for farm labor contractors.  Status:  This bill passed the Assembly on its second attempt.  It made it out of committee in the Senate by a 3-2 margin.  A wide range of labor groups support this bill.  There is, however, no registered opposition.

AB 2334:   Would require janitorial service employers to register annually with the Labor Commissioner.  Status:  This bill’s first Senate committee hearing has been cancelled at the request of the author, after passing through the Assembly on an apparently party-line vote.  Opposed by the California Chamber of Commerce.

AB 2371: Would invalidate arbitration clauses pertaining to FEHA violations.  Status: dead.  Failed passage in Assembly 38-39. 

AB 2388:  Status: amended to a non-employment-related bill.

AB 2536: 8/40 overtime would apply to personal attendants.  Status:  Needs a second reading in Senate, and then, assuming there are differences, third readings after conference.  This appears to be a hotly contested bill, with many groups lining up on each side.  This one will be worth watching.

SB 1188: Would require employers to issue checks that have a way of being turned into cash for free. (In other words, to undermine check cashing businesses.) Status: despite its passge in the Senate, this bill died in an Assembly committee, 1-5.  SB 1189, a similar bill, has been withdrawn by the author.

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