Workers’ Compensation

AB 211 (Cedillo) – Watch
As introduced on January 31, 2011

AB 211, by Assembly Member Gil Cedillo would, for injuries causing permanent partial disability and occurring on or after January 1, 2012, provide for a supplemental job displacement benefit voucher for up to $6,000 to cover re-education and skill enhancement expenses. The vouchers would expire two years after being furnished or five years after the date of injury, whichever is later. 

Employers who make an offer of reemployment or continued employment to their employees would be exempt from this mandate.

AB 211 is awaiting a hearing date in the Assembly Insurance Committee.

AB 375 (Skinner) - Oppose
As introduced on February 15, 2011

AB 375, by Assembly Member Nancy Skinner, would establish a presumption for workers’ compensation purposes when a hospital employee contracts a blood-borne infectious disease, neck or back impairment, or methicillin-resistant Staphylococcus aureus (MRSA) infection.

AB 375 would also extend this presumption six months after the employee’s service has been terminated in the case a blood-borne illness is contracted and three months after termination of service in the case of neck or back impairment or the contraction of MRSA.

CSAC opposes AB 375 because employers need to retain the discretion to accept or challenge workers’ compensation claims. Further, AB 375 could result in increased costs in workers’ compensation for county hospitals at a time when counties are facing budget deficits and reduced funding for program services.

AB 375 is currently awaiting assignment to a policy committee.

Employee Rights

AB 325 (Lowenthal) - Oppose Unless Amended
As introduced on February 15, 2011

Assembly Bill 325, by Assembly Member Bonnie Lowenthal, would provide employees (including temporary, seasonal and part-time) a right of up to four days of unpaid bereavement leave for the death of a spouse, child, parent, sibling, grandparent, grandchild, or domestic partner with a 13-month time allotment to complete the leave allowance.

AB 325 would pose a problem for In-Home Supportive Services employees who do not work a traditional scheduled work week and because of the guarantee that bereavement leave can be used for up to 13 months, which is not typical of current leave policies and has the potential to conflict with policies for employees already receiving bereavement leave.

AB 400 (Ma) - Oppose
As introduced on February 15, 2011

AB 400, by Assembly Member Fiona Ma, would establish the Healthy Workplaces, Healthy Families Act of 2011. It would entitle an employee in California to paid sick days if he or she works seven or more days in a calendar year. 

Sick days would accrue at the rate of no less than one hour for every 30 hours worked. The employee would be able to use such sick days beginning on the 90th calendar day of employment. AB 400 also defines an employer to include public authorities, specifically In-Home Supportive Service Providers, and adds accrued sick leave to the list of required items an employer must provide as part of an employee’s wage statement.

Under AB 400: 

• An employer is not required to provide additional paid sick days if the employer has a paid leave policy or paid time off policy and the employer makes available an amount of leave that satisfies the accrual requirements of the bill and that may be used for the same purposes and under the same conditions as specified in the bill.
• An employer is not required to provide compensation to an employee for accrued, unused paid sick days upon termination, resignation, retirement, or other separation from employment, however if an employee separates from an employer and is rehired by the employer within one year, previously accrued and unused paid sick days shall be reinstated. The employee shall be entitled to use those paid sick days and to accrue additional paid sick days upon rehiring.
• A rebuttable presumption of unlawful retaliation is established if an employee files a complaint with the Labor Commissioner or in court or cooperates in an investigation of an alleged violation of this article.
• Employees covered by a valid collective bargaining agreement are excluded if the agreement expressly provides for the wages, hours of work, and working conditions of employees, and expressly provides for paid sick days or a paid leave time off policy that permits the use of sick days for those employees, final and binding arbitration of disputes concerning the application of its paid sick days provisions, premium wage rates for all overtime hours worked, and regular hourly rate of pay of not less than 30 percent more than the state minimum wage rate.
• An employer is required to provide written notice of the requirements of this bill in English, Spanish, Chinese, and any other language spoken by at least five percent of the employees.
• An employer is required to keep five years of records documenting the hours worked and paid sick days accrued and used by an employee.
• A public authority is authorized to satisfy the requirements of AB 400 by entering into a collective bargaining agreement that provides an incremental hourly wage adjustment in an amount sufficient to satisfy the accrual requirements of the bill.

AB 400 is awaiting assignment to a policy committee.

Retirement Benefits

AB 340 (Furutani) - Oppose
As introduced on February 15, 2011

AB 340, by Assembly Member Warren Furutani, would prohibit a 1937 Act county retiree from returning to work for any 1937 Act county or district until 180 days have passed since their date of retirement. Once reemployed, the retiree cannot receive service credit. If these terms are violated, the retired member must reimburse the retirement system for any retirement allowance he or she received during that period and the district or county must reimburse the retirement system for any administrative expenses.

CSAC opposes AB 340, as we believe counties have legitimate needs to utilize retired annuitants and many of them already have restrictions in place for hiring retirees. Placing a six-month wait on retirees before they are able to return to public service interferes with a county’s right to choose the best candidate for a job and manage county resources.

AB 340 is awaiting assignment to a policy committee.

SB 115 (Strickland) – Watch
As introduced on January 19, 2011

SB 115, by Senator Tony Strickland, would require a public officer or employee who is convicted of any felony for conduct arising directly out of his or her official duties to forfeit all rights and benefits under and membership in, any public retirement system. This penalty would take effect on the date of his or her final conviction.

SB 115 is awaiting a hearing date in the Senate Public Employment and Retirement Committee.

Collective Bargaining

AB 646 (Atkins) - Request for Comment
As Introduced on February 16, 2011

AB 646, by Assembly Member Toni Atkins, would impose mandatory mediation and factfinding under the Meyers-Milias Brown Act. Essentially, a local agency would not be able to impose a last, best and final offer (LBFO) until specific post-impasse procedures were performed.

Current law allows public agencies to implement their LBFO if the public agency and an employee organization have reached an impasse in good faith negotiations. AB 646 would delete the authorization of public agencies to impose a LBFO until the following has occurred:

• Either party has been provided the opportunity to have a mediator appointed by the Public Employment Relations Board.
• Either party has been provided the opportunity to submit the matter to a factfinding panel if the appointed mediator is unable to bring the parties to an agreement within 15 days.
• The factfinding panel, if agreement has not been reached within 30 days, has made findings of fact and recommended terms of settlement, for advisory purposes only.

AB 646 is awaiting assignment to a policy committee