AB 401

Bill Subjects

Abstract

Existing law establishes the Employment Development Department within the Labor and Workforce Development Agency and sets forth its powers and duties, including job creation activities, computation of benefits, and determination of contribution rates and collection of contributions for benefits. Existing law provides for the payment of unemployment compensation benefits to eligible persons who are unemployed through no fault of their own through a federal-state unemployment insurance program administered by the department. Unemployment compensation benefits are paid from the Unemployment Fund, and the expenses for administering these provisions are paid from the Unemployment Administration Fund, which is continuously appropriated for these purposes. Under existing law, workers are required to pay contributions to the Unemployment Compensation Disability Fund, and those funds are continuously appropriated for the purpose of providing disability benefits and making payment of administrative expenses. Existing law requires all standard information employee pamphlets provided by the department concerning unemployment and disability insurance programs to be printed in English and the 7 other most commonly used languages among participants in each program. Existing law also requires the department to make the pages on its internet website that provide information regarding applying for, and receiving, unemployment insurance benefits available in the 7 languages, other than English, most commonly used by unemployment insurance applicants and claimants. This bill would require all standard information employee pamphlets provided by the department concerning unemployment and disability insurance programs to be printed in English and any written language that is or becomes a Medi-Cal threshold language in any county, as provided. The bill would additionally require the department, commencing July 1, 2022, to provide translation by qualified human translators between English and the languages described above, in accordance with certain procedures, for all benefits programs administered by the department, vital documents and notices, and any other communications to a claimant. The bill would require the department, if the claimant's written language is not within these languages, to provide the claimant, upon request, with a translated document in their written language within 2 business days of the request and on an ad hoc basis, or to read the document aloud and orally explain the document to the claimant in their preferred language, as prescribed. This bill would require the department, by July 1, 2022, to undertake development of a community review process for translation of the department's online application interface, forms, and other documents and communications, to ensure, among other goals, plain language, readability, and cultural appropriateness. The bill would require the community review process to be fully implemented commencing July 1, 2024, and to include user testing and input from members of the public, local government, and community-based organizations. This bill would require the department to identify a claimant's language needs at the earliest point of contact and make efforts to, among other things, ensure that each written application for unemployment insurance, disability insurance, paid family leave, or other benefits contains a section asking claimants for their preferred written and spoken language. The bill would require written materials sent by the department to the claimant to be provided in the language indicated by the claimant. This bill, with respect to the online portals provided via the department's website, would require the department to develop a mechanism to allow for the selection of spoken language options to be expanded on the portal by a claimant, with the option to indicate a language not provided on the portal's list and would require materials sent to the claimant to be provided in the claimant's indicated language. This bill would require the department to make the pages on its internet website that provide information regarding applying for, and receiving, unemployment insurance benefits, available in all of specified languages. The bill would also require the department to annually publish the total number of applications and claimants for each of the benefit programs administered with specified information, including preferred language. The bill would define related terms, and would include related legislative findings. Because this bill would authorize the expenditure of funds from the Unemployment Administration Fund, and the Unemployment Compensation Disability Fund, for new purposes, the bill would make an appropriation.