State Mediation and Conciliation Services to Move to PERB

Secretary of the Labor Workforce Development Agency Marty Morganstern is planning to move the California State Mediation and Conciliation Services (SCMS) under PERB (SCMS is currently under the purview of the Department of Industrial Relations). SCMS will continue to mediate bargaining and disputes between labor and employers as well as administer elections to decertify or certify unions as exclusive bargaining agents and run card check procedures. The move will allow PERB and SCMS to communicate and collaborate more effectively in areas the two agencies overlap.

Additionally, In an effort to streamline government, make it more efficient and reduce wasteful spending, Governor Brown recently delivered his “Government Reorganization Plan” to the Little Hoover Commission (LHC). The plan includes the creation of a “CalHR” department which would combine the State Personnel Board and the Department of Personnel Administration, and aligns the Public Employment Relations Board (PERB) with the Labor Workforce Development Agency. LHC will hold hearings on the proposed reorganization beginning April 23.

Workers’ Compensation

AB 1687 (Fong) – Oppose
As Amended March 12, 2012

AB 1687, by Assembly Member Paul Fong, would allow for the awarding of attorney fees when an injured worker receiving medical treatment on a future medical award is successful in overturning a utilization review (UR) decision at the Workers’ Compensation Appeals Board. CSAC believes the provisions of AB 1687 will increase cost to employers through increased litigation, and are based on the false premise that employers who deny care based on utilization review are acting unreasonably and in bad faith. Further, existing law, Labor Code § 5814.5, already provides for the awarding of penalties and attorney fees incurred in enforcing the payment of compensation awarded.

AB 1687 will be heard in the Assembly Insurance Committee on April 18.

Employee Rights

AB 1450 (Allen) – Watch
As Amended March 14, 2012

AB 1450, by Assembly Member Michael Allen, would prohibit employers with 15 or more employees from refusing to consider an individual or offer employment to an individual because of his or her employment status (defined in the bill as an individual’s present unemployment, regardless of the length of time the individual has been unemployed). Such employers would additionally be prohibited from publishing a job announcement that indicates an individual’s current employment is a requirement of the position or that the employer would not consider an applicant based on his or her employment status. AB 1450 imposes a civil penalty of $1000 for the first violation of these provisions, $5,000 for the second violation, and $10,000 for each subsequent violation, enforceable by the Labor Commissioner.

AB 1450 will be heard in the Assembly Judiciary Committee on April 17.

AB 1740 (Perez, V.) – Concerns
As Introduced February 17, 2012

Assembly Bill 1740, by Assembly Member V. Manuel Perez, would expand California’s Fair Employment and Housing Act (FEHA), which currently prohibits employers from denying an individual’s right to seek, obtain and hold employment based on race, religious creed, color, national origin, ancestry, physical disability, mental disability, medical condition, marital status, sex, gender, gender identity, age or sexual orientation.

AB 1740 would expand the bases on which such discrimination is prohibited under FEHA to include a person’s status as a victim of domestic violence, sexual assault or stalking. The bill further expands what reasonable accommodations an employer must make for such victims, including transfer, reassignment, a modified schedule, changed work station and/or telephone, and assistance in documenting domestic violence, sexual assault or stalking. CSAC is concerned with the implications of AB 1740, including a lack of specification in the bill as to how the newly-created class would be determined or documented and that expanding current law requiring employers to provide reasonable accommodations to victims of domestic violence would be impractical for county buildings that must be open to the public.

AB 1740 will be heard in the Assembly Judiciary Committee on April 17.

AB 2674 (Swanson) – Pending
As Amended April 9, 2012

AB 2675, by Assembly Member Sandre Swanson, would require an employer to maintain personnel records for an employee for no less than three years after the termination of his or her employment. Additionally, the employer must provide a current or former employee, or their representative, with an opportunity to inspect or receive a copy of those records within 30 days of a request except during the pendency of a lawsuit filed by the employee or former employer relating to a personnel matter. If an employer violates these provisions, AB 2674 allows the current or former employee or the Labor Commissioner to recover a $750 penalty, injunctive relief and attorneys fees.

AB 2674 would also provide that an employer that fails to permit an employee to inspect his or her personnel records is guilty of an infraction (current law makes it a misdemeanor).

AB 2674 will be heard in the Assembly Labor and Employment Committee on April 18.

Public Safety

AB 1551 (Campos) – Oppose
As Introduced January 26, 2012

AB 1551, by Assembly Member Nora Campos, would exempt certain public safety officers from a requirement to report accidents that occur in a personal vehicle to a personal insurance provider and instead report those accidents to the employer. If enacted, employers of public safety personnel will face increased liability for employees who drive their personal vehicles for work purposes which will increase employers’ insurance costs. CSAC believes that shifting the costs and liability for accidents involving personal vehicles to public employers is in appropriate; the Internal Revenue Service mileage reimbursement rate includes insurance costs among the items for which it is intended to reimburse those who drive their personal vehicles for work purposes. Additionally, as local jurisdictions have adopted policies to address liability for accidents involving personal vehicles that best reflect local priorities and circumstances, it is unnecessary to impose a statewide, one-size-fits-all solution to a perceived problem.

AB 1551 will be heard on April 18 in the Assembly Insurance Committee.