Liz Ortega
- Democratic
- Assemblymember
- District 20
Author
Existing law, the California Fair Employment and Housing Act, prohibits various forms of employment and housing discrimination, including various types of discrimination because of national origin. Existing law empowers the Civil Rights Department to investigate and prosecute complaints alleging unlawful practices. Existing labor law also prohibits an employer or other person or entity from engaging in, or to directing another person or entity to engage in, unfair immigration-related practices against a person for exercising specified rights. Existing law defines unfair immigration-related practices for these purposes. Existing law additionally makes it unlawful for an employer to request more or different immigration documents than are required under federal law, to refuse to honor documents tendered that reasonably appear to be genuine, and to take other related actions concerning employee work authorization documents. Existing law authorizes an applicant for employment or an employee who is subject to an unlawful act that is prohibited by these provisions, or a representative of that applicant for employment or employee, to file a complaint with the Division of Labor Standards Enforcement. Existing law establishes specified civil penalties for a violation of these provisions. This bill would require each employee, upon request, to be released by their employer for up to 5 unpaid working days within a 12-month period in order to attend appointments, interviews, adjudications, legal proceedings, detainment, or any other meeting at which the employee's presence is required concerning the employee's immigration status, work authorization, visa status, or any other immigration-related matter, as specified. The bill would also require a postintroductory employee, as defined, whose employment has been terminated due to an inability to provide documentation of proper work authorization, to be immediately reinstated to their former classification without loss in seniority, subject to producing proper work authorization, except as provided. The bill would also require an employer, if the employee demonstrates a need for additional time, to rehire the employee into the next available opening in the employee's former classification, as a new hire without retaining seniority, subject to the employee providing proper work authorization and meeting certain other conditions. This bill would require an employer that is notified that an employee has been detained or incarcerated as a result of pending immigration or deportation proceedings, to place the employee on an unpaid leave of absence for a period pending the employee's release from detainment or incarceration and not to exceed 12 months. If the employee is released and provides appropriate work authorization documentation within the period of the authorized unpaid leave of absence, the bill would require the employer to return the employee to their former job classification without loss of seniority, except as specified. This bill would apply the above requirements to a public or private employer, but would exempt a public or private employer with 25 or fewer employees. The bill would prohibit each public or private employer from disciplining, discharging, or discriminating against an employee because of national origin or immigration status, or solely because the employee is subject to immigration or deportation proceedings, except as required to comply with the law. The bill would prohibit an employee subject to immigration or deportation proceedings from being discharged solely because of those proceedings, so long as the employee is authorized to work in the United States. This bill would provide that its provisions do not invalidate a collective bargaining agreement or a memorandum of understanding that contains a provision addressing rehire or reinstatement rights or leave rights regarding employees who are subject to immigration proceedings, nor does it supersede the seniority provisions of a collective bargaining agreement or a memorandum of understanding. The bill would require the Labor Commissioner to enforce the bill's provisions. This bill would make these provisions inoperative on July 1, 2029, and would repeal them on January 1, 2030.
Consideration of Governor's veto pending.
Vetoed by Governor.
Enrolled and presented to the Governor at 4 p.m.
Senate amendments concurred in. To Engrossing and Enrolling. (Ayes 57. Noes 13. Page 3335.).
From committee: That the Senate amendments be concurred in. (Ayes 5. Noes 0.) (September 10).
Joint Rule 62(a), file notice suspended. (Page 3061.)
In Assembly. Concurrence in Senate amendments pending.
Re-referred to Com. on L. & E. pursuant to Assembly Rule 77.2.
Read third time. Passed. Ordered to the Assembly. (Ayes 29. Noes 10. Page 2517.).
Read second time. Ordered to third reading.
From committee: Do pass. (Ayes 5. Noes 2.) (August 29).
From committee chair, with author's amendments: Amend, and re-refer to committee. Read second time, amended, and re-referred to Com. on APPR.
In committee: Hearing postponed by committee.
Read second time and amended. Re-referred to Com. on APPR.
From committee: Amend, and do pass as amended and re-refer to Com. on APPR. (Ayes 11. Noes 2.) (July 15).
From committee: Do pass and re-refer to Com. on JUD. (Ayes 4. Noes 1.) (July 9). Re-referred to Com. on JUD.
From committee chair, with author's amendments: Amend, and re-refer to committee. Read second time, amended, and re-referred to Com. on L., P.E. & R.
Re-referred to Coms. on L., P.E. & R. and JUD.
Withdrawn from committee.
From committee chair, with author's amendments: Amend, and re-refer to committee. Read second time, amended, and re-referred to Com. on L., P.E. & R.
In Senate. Read first time. To Com. on RLS. for assignment.
Read third time. Passed. Ordered to the Senate. (Ayes 68. Noes 2. Page 1990.)
Read second time. Ordered to third reading.
From committee: Do pass. (Ayes 12. Noes 0.) (May 23).
In committee: Set, first hearing. Referred to suspense file.
From committee: Do pass and re-refer to Com. on APPR. (Ayes 6. Noes 0.) (April 2). Re-referred to Com. on APPR.
From printer. May be heard in committee March 23.
Read first time. To print.
| Bill Text Versions | Format |
|---|---|
| AB1136 | HTML |
| 02/20/25 - Introduced | |
| 06/23/25 - Amended Senate | |
| 06/30/25 - Amended Senate | |
| 07/17/25 - Amended Senate | |
| 08/19/25 - Amended Senate | |
| 09/15/25 - Enrolled |
| Document | Format |
|---|---|
| 04/01/25- Assembly Labor and Employment | |
| 04/21/25- Assembly Appropriations | |
| 05/28/25- ASSEMBLY FLOOR ANALYSIS | |
| 07/08/25- Senate Committee on Labor, Public Employment and Retirement | |
| 07/11/25- Senate Judiciary | |
| 08/22/25- Senate Appropriations | |
| 08/30/25- Sen. Floor Analyses | |
| 09/09/25- Assembly Labor and Employment | |
| 09/10/25- ASSEMBLY FLOOR ANALYSIS | |
| 10/23/25- ASSEMBLY FLOOR ANALYSIS |
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