3 Job Killer Bills Still Active; Would Impose Onerous Labor Mandates
Of the 25 job killer bills the CalChamber identified this year, only three are currently moving after four job killer bills missed Friday’s deadline to move out of their house of origin.
The remaining job killer bills would impose onerous labor and employment mandates, and increase liability for employers.
Job Killers Still Active
Labor and Employment Mandates, Workplace Safety
- AB 616 (Stone; D-Scotts Valley) Forced Unionization Process for Agricultural Employees: Limits an employee’s ability to independently and privately vote for unionization in the workplace, by essentially eliminating a secret ballot election and replacing it with the submission of representation cards signed by over 50% of the employees, which leaves employees susceptible to coercion and manipulation by labor organizations. Also, unfairly limits an employer’s ability to challenge the cards submitted by forcing employers to post an unreasonable bond, and then limits an employee’s ability to decertify a union, by forcing them to go through the ballot election process instead of submission of representation cards. Also includes an unnecessary presumption of retaliation that is effectively unlimited in scope because it would apply for the duration of an election campaign, which could last for a year or more. Scheduled for a June 7 hearing in Senate Labor, Public Employment and Retirement Committee.
- AB 701 (Gonzalez; D-San Diego) PAGA Litigation, and Regulations for Warehouses: Threatens warehouse employers with duplicative costly litigation by creating new litigation risks, including a representative action under the Private Attorneys General Act (PAGA), for failing to comply with vague standards. Also permits potential warehouse-by-warehouse setting of standards by courts via individual injunctive lawsuits, and compels duplicative and likely inconsistent regulations from both Labor Commissioner and Cal/OSHA regarding appropriate performance levels in warehouses. No hearing date set; currently in Senate Rules Committee.
- SB 62 (Durazo; D-Los Angeles) Increased Costs and Liability on Employers: Significantly increases the burden on non-unionized employers in the garment manufacturing industry in California, by eliminating piece rate as a method of payment even though it can benefit the employee, creating joint and several liability for contractors for any wage violations or the employer, and shifting the evidentiary standards in a Labor Commissioner hearing to limit the ability for an employer to defend against an alleged wage violation. These additional requirements will encourage companies to contract with manufacturers outside of California, thereby limiting the demand and workforce of garment manufacturers in California. Scheduled for a June 8 hearing in Assembly Labor and Employment Committee.