AB 537:
To the Members of the California State Assembly:
I am returning Assembly Bill 537 without my signature.
This bill, along with two others I am returning without my signature, would significantly
expand California’s workplace leave laws. While some expansion of existing law may
have merit, these laws in combination are too expansive and also fail to recognize the
need for reforms to current law.California has the strongest employment leave and workplace protection laws in the
country. While these laws have been enacted with the best of intentions, they have also
caused much confusion for employers and employees. Unfortunately, many California-
only standards in areas such as family leave, overtime, and meal and rest periods have
been developed haphazardly and have resulted in needless litigation that has created a
perception that California is not friendly to business.Instead of expanding the confusing network of laws that presently exist, employers and
employees should be working together to eliminate confusion and create a system of
workplace laws that protects workers, provides reasonable leave requirements, and offers
both employers and employees flexibility to meet their respective needs.For these reasons, I am returning this bill without my signature.
Sincerely,
Arnold Schwarzenegger
AB 1707:
To the Members of the California Assembly:
I am returning Assembly Bill 1707 without my signature.
This bill attempts to clarify existing law relative to employees’ access to personnel
records kept by their employer. While I support the intent of this measure, especially as
it relates to non-English speakers and others that may need help in understanding the
contents of their personnel records, this bill is too broad and exposes employers to unfair
and unnecessary liabilities. I encourage the proponents of this bill to work with the Labor
Commissioner to adopt regulations that help ensure that all employees can appropriately
avail themselves of their rights under current law.Sincerely,
Arnold Schwarzenegger
and AB 1710:
To the Members of the California State Assembly:
I am returning Assembly Bill 1710 without my signature.
Although I support the intent of this bill to clarify the manner in which temporary service
employers must pay wages, I cannot support the provision of this bill which expands
liability regarding workers’ compensation coverage.As written, this bill imposes joint and severe liability relative for workers’ compensation
coverage on employers that contract with staffing agencies. This would be a significant
departure from the exclusive remedy of current law, which provides that an injured
worker cannot sue their employer in civil court. Exclusive remedy is one of the most
fundamental principles of the California workers’ compensation system. I cannot support
a measure that deviates from this principle.Sincerely,
Arnold Schwarzenegger
With a little over three hours left, the Governor has six bills left to act on.
UPDATE: The Governor vetoed SB 180 and SB 650 in his last set of bills.
SB 180:
To the Members of the California State Senate:
I am returning Senate Bill 180 without my signature.
Since I became Governor, I have made strengthening workplace protections for
agricultural workers one of my top priorities. I have added labor law enforcement
positions, reformed farmworker housing laws, and worked to adopt the first regulations in
the nation that ensure agricultural workers have appropriate access to shade. These added
protections are being implemented under existing law without the changes proposed by
this bill to the historic Agricultural Labor Relations Act (ALRA). The changes this bill
would make to the ALRA are unnecessary to continue our forward progress in ensuring a
better working environment for agricultural workers.By setting in place a “card-check” organizing process, SB 180 significantly changes the
protections afforded to all of California’s agricultural workers under the ALRA. This
“card-check” process fundamentally alters an employee’s right to a secret ballot election
that currently affords them the opportunity to cast a ballot privately without fear of
coercion or manipulation by any interested parties. This bill also limits the opportunity
for employees to hear and consider other viewpoints on unionization.For these reasons, I am returning SB 180 without my signature. However, I am directing
my Labor and Workforce Development Agency to work with the proponents of this bill
to ensure that all labor laws and regulations are being vigorously enforced, and to make it
absolutely clear to all concerned that my veto is premised on an expectation that
agricultural workers receive the full protections of the law.Sincerely,
Arnold Schwarzenegger
SB 650:
To the Members of the California State Senate:
I am returning Senate Bill 650 without my signature.
This bill is essentially identical to SB 180, which I also vetoed. The concerns I expressed
in vetoing that bill apply to SB 650 as well, regardless of the insertion of a sunset clause
in this measure.For the reasons stated in my veto of SB 180, I am returning this bill without my
signature.Sincerely,
Arnold Schwarzenegger
