Employee Relations 10/03/2012
Upcoming Pension Reform Webinar
CSAC and the law firm Hanson Bridgett are providing a pension
reform webinar to discuss your questions regarding the new
California pension reform bill.
The Governor signed AB 340 and AB 197, collectively the
California Public Employees’ Pension Reform Act of 2013, into law
on September 12, 2012. The new law is complex, leaves open many
issues, and raises many questions.
The webinar is free and will be held Thursday, Oct. 11 from 8:30
to 10:30. The webinar will be in the format of a Q & A; please
email your questions in advance to Brandi Hewlett at
bhewlett@hansonbridgett.com by Wednesday, Oct. 10th.
For more detail, please view the invitation here.
Workers’ Compensation
AB 2451 – Oppose
Vetoed
AB 2451, by Assembly Speaker John A. Perez, was vetoed by
Governor Brown. AB 2451 would have doubled the statute of
limitations for when a claim can be filed for death benefits from
240 weeks to 480 for dependents of a firefighter or peace officer
who dies of certain occupational injuries. CSAC opposed AB 2451
because an extension of the statute of limitation would have
removed counties’ certainty as to ultimate expected benefit costs
and it would inevitably result in a rise in costs at a time when
counties are struggling to provide residents with basic services
on limited budgets.
AB 1687 (Fong) – Oppose
Vetoed
AB 1687, by Assembly Member Paul Fong, would have allowed 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 opposed AB 1687 because of the
increased cost to employers due to litigation and the false
premise that employers who deny care based on utilization review
are acting unreasonably and in bad faith.
Public Safety
AB 2298 (Solorio) – Oppose
Chapter No. 823, Statutes of 2012
AB 2298, by Assembly Member Jose Solorio, would exempt certain
public safety officers from a requirement to report accidents
that occur in a personal vehicle to a personal insurance provider
unless it is determined that the employer did not request or
direct the employee to use his or her personal vehicle. AB 2298
was amended late in the legislative session with the language
previously included in AB 1551 (now a bill concerning the CalHome
Program), and was signed by the Governor.
Counties will now face increased liability for employees who
drive their personal vehicles for work purposes which may
increase insurance costs. CSAC opposed AB 2298 as we believe that
shifting the costs and liability for accidents involving personal
vehicles to public employers is inappropriate. Counties may want
to review their policies regarding the use of personal vehicles
for work purposes to determine how best to minimize the impact of
AB 2298.
New Fee on Business License Applications
SB 1186 (Steinberg and Dutton) – Watch
Chapter No. 383, Statutes of 2012
SB 1186, by Senators Darrell Steinberg and Bob Dutton, addresses
disability access issues and will significantly change state
rules on Americans with Disabilities Act (ADA) lawsuits. Among
other things, SB 1186 will reduce minimum damages for ADA
violations if the defendant hired a Certified Access Specialist
(CASp) and prevent the stacking of multiple claims of ADA
violation to increase statutory damages.
While SB 1186 mainly addresses compliance and litigation issues
with respect to ADA, of importance to counties is an aspect of
the bill that would place a one-dollar fee on all business
license applications and renewals for the purpose of funding an
increase in the number of CASp in local building departments and
funding educational and training resources at the state and local
level to promote ADA compliance.
Employee Rights
AB 1844 (Campos) – Watch
Chapter No. 618, Statutes of 2012
Assembly Bill 1844, by Assembly Member Nora Campos, prohibits an
employer from requiring an employee or prospective employee to
disclose a user name or account password to his or her social
media site. Employers may seek access to such information when
required to investigate employee wrongdoing or to access employer
provided equipment.
AB 1606 (Perea) – Watch
Chapter No. 314, Statutes of 2012
AB 1606, by Assembly Member Henry Perea, clarifies that that the
factfinding procedure, established in last year’s AB 646 (Chapter
680, Statutes of 2011), may be sought by a union even if
mediation is not required by local dispute procedures. The
clarification is consistent with existing regulations adopted by
the Public Employment Relations Board.
AB 1450 (Allen) – Watch
Vetoed
AB 1450, by Assembly Member Michael Allen, would have prohibited
employers 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.