February 2, 2017

New Scheduling Mandate on Employers Proposed

Assembly Bill 5 by Assembly Member Lorena Gonzalez Fletcher mandates all employers in California with ten or more employees to offer additional hours of work to existing employees who have the skills and experience needed before hiring a new employee or contractor.  The bill further requires employers in these situations to distribute the additional hours among existing employees in a manner which is “transparent and nondiscriminatory” and to keep written record of the transaction.

In its current form, AB 5 exposes employers (both public and private) to the threat of costly litigation and hampers their ability to make effective personnel decisions. Counties should note, however, that a waiver of these provisions can be outlined in a bona fide collective bargaining agreement.

CSAC is currently engaging with other key stakeholders on this bill and will keep counties apprised of any movement of the legislation. Please contact Faith Conley or Tracy Sullivan with any feedback on how the bill will impact your county.