Employees’ Rights

AB 455 (Campos) - Request for Comment
As introduced on February 15, 2011

AB 455, by Assembly Member Nora Campos, would provide that when a local public agency has established a personnel commission or merit commission to administer personnel rules or a merit system, the public agency employer and the employee organization recognized as the exclusive or majority bargaining agent would each be required to designate half of the members of the commission. 

AB 455 will be heard in the Assembly Public Employees, Retirement and Social Security Committee on Wednesday, March 30. 

SB 129 (Leno) – Watch
As introduced on January 27, 2011

SB 129, by Senator Mark Leno, would make it unlawful for an employer to discriminate against a person in hiring, termination, or any term or condition of employment or otherwise penalize a person, if the discrimination is based upon the person’s status as a qualified patient or a positive drug test for marijuana. SB 129 would not prohibit an employer from terminating the employment of, or taking other corrective action against, an employee who is impaired on the property or premises of the place of employment, or during the hours of employment, because of the medical use of marijuana.

SB 129 will be heard in the Senate Judiciary Committee on Tuesday, March 29.

Workers’ Compensation

AB 335 (Solorio) – Support
As introduced on February 10, 2011

AB 335, by Assembly Member Jose Solorio, would require the Administrative Director for the Division of Workers’ Compensation to work with the Commission on Health and Safety and Workers’ Compensation (CHSWC) to develop new benefit notices written in easily understandable language and to consult with CHSWC on preparation of a booklet describing the workers’ compensation claims process and employers’ and employees’ rights and obligations.

CHSWC released its Report on Benefit Notices and Recommendations in July 2010, the culmination of work performed by a broad stakeholder group which was convened to examine ways of improving workers’ compensation benefit notices. The group concluded that currently-used benefit notices are complex, overwhelming and misleading and are also defiicient in conveying the information needed by injured workers. The report puts forth recommendations to standardize the notices and make them easier to understand. AB 335 implements some of these recommendations.

AB 335 will be heard in the Assembly Insurance Committee on Wednesday, March 30.

Tentative Labor Agreement Reached with Last Bargaining Unit

Governor Jerry Brown’s administration last week announced reaching a tentative labor agreement with the International Union of Operating Engineers (IUOE). IUOE is the last of the state employee bargaining units to reach such deals with the Governor.

The tentative deal includes an increase in employees’ monthly pension contributions (from the current five percent to ten percent for miscellaneous employees and from six percent to eleven percent for safety employees). Additionally, employees will take one day of unpaid leave each month for a year with no additional furloughs.

If ratified, the contract will be in place until July 1, 2013.

U.S. Department of Labor Launches Feedback Website

The federal Department of Labor (DOL) last week announced that it has launched a new website that will allow the public to provide suggestions or comments on ways to improve DOL regulations by expanding, streamlining or repealing them.

The online tool is DOL’s attempt to comply with Executive Order 13563, which requires federal agencies to detail how they will review existing regulations to identify whether regulations may be made more effective or less burdensome.