AB 1301

Bill Subjects

Abstract

Existing law provides specified protections for employees and specified obligations and prohibitions for employers in regard to payment of wages, gratuities, working conditions, bonds and photographs required by employers, contracts and applications for employment, purchases by employees, employee working hours, agreements regarding joining or becoming a member of a labor organization or employer organization, solicitation of employees by misrepresentation, enrollment in drug and alcohol rehabilitation programs, employee political affiliations, public works, employee indemnification and contributory negligence, provision of health benefits, termination, and occupational safety and health. A violation of several of these provisions by an employer or an agent, manager, superintendent, or officer of an employer is a misdemeanor or infraction, as specified. This bill would expressly provide that these provisions apply to the Legislature and legislative employees, as specified. By expanding the scope of existing crimes, the bill would impose a state-mandated local program. The bill would declare the intent of the Legislature that these changes operate retroactively, except to the extent that retroactive operation would impose criminal liability for violations of law occurring before January 1, 2022. Existing law authorizes the commissioner to collect unpaid wages and monetary benefits due to an employee. Existing law requires the commissioner to make a diligent search to locate any worker for whom the commissioner has collected unpaid wages or benefits. Existing law requires the commissioner to remit those wages or benefits to the unpaid worker or the worker's representative, or to a trust or custodial fund established under a plan to provide prescribed benefits. Under existing law, the commissioner acts as trustee and deposits the collected wages and benefits into the Industrial Relations Unpaid Wage Fund, which is continuously appropriated for the purpose of remitting the collected wages or benefits. By expanding the scope of provisions of the Labor Code to apply to the Legislature, the bill would increase the amount of collected wages and benefits deposited into the Industrial Relations Unpaid Wage Fund, thereby making an appropriation. The Labor Code Private Attorneys General Act of 2004 authorizes an aggrieved employee on behalf of themselves and other current or former employees to bring a civil action to recover specified civil penalties, that would otherwise be assessed and collected by the Labor and Workforce Development Agency, for the violation of certain provisions affecting employees. The act provides that a specified percentage of civil penalties recovered by aggrieved employees are distributed to the Labor and Workforce Development Agency, to be continuously appropriated to supplement specified agency functions. This bill would authorize an employee of the Legislature to bring an action described above. The bill would provide that the portion of a civil penalty not distributed to an aggrieved employee under the act shall be subject to appropriation by the Legislature. The bill would make these provisions retroactive. The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement. This bill would provide that no reimbursement is required by this act for a specified reason.