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Pending California Legislation (Part 1 of 2)NEWS!

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Please note that the status of the bills may change daily. Governor Brown has until September 30, 2014 to sign or veto legislation in his possession or the legislation becomes law without signature.

AB 1897 Labor Contracting: Client Liability

Hernandez (D-West Covina)

SUMMARY: This bill would require a client employer to share with a labor contractor all civil legal responsibility and civil liability for all workers supplied by that labor contractor for the payment of wages and the failure to obtain valid workers' compensation coverage. The bill would prohibit a client employer from shifting to the labor contractor legal duties or liabilities under workplace safety provisions with respect to workers provided by the labor contractor.

PASSED Assembly 05/29/14

PASSED Senate 08/27/14

Not signed into law yet.

AB 1660 Driver's Licenses: Nondiscrimination

Alejo (D-Watsonville)

SUMMARY: Existing law requires the Department of Motor Vehicles (DMV) to issue an original driver's license to a person who is unable to submit satisfactory proof that the applicant's presence in the United States is authorized under federal law if he or she meets all other qualifications for licensure and provides satisfactory proof to the department of his or her identity and California residency.

This bill would additionally make it a violation of the California Fair Housing and Employment Act (FEHA) for an employer or other covered entity to discriminate against an individual because he or she holds or presents a driver's license issued under these provisions or to require a person to present a driver's license, except as specified.

The bill would making conforming changes to FEHA to specify that discrimination on the basis of national origin includes, but is not limited to, discrimination on the basis of possessing a driver's license granted under these provisions.

The bill would also prohibit a governmental authority, or agent of a governmental authority, or person acting on behalf of a governmental authority, from discriminating against an individual because he or she holds or presents a license issued pursuant to those provisions. The bill would provide that an action taken by an employer to comply with any requirement or prohibition under the federal Immigration and Nationality Act is not a violation of law.

PASSED Assembly 05/01/14

PASSED Senate 08/26/14

Not signed into law yet.

AB 1634 OSHA: Violations

Skinner (D-Berkeley)

SUMMARY: This bill would prohibit the Division of Occupational Safety and Health Administration (OSHA) from granting, for serious violations, a proposed modification to civil penalties for abatement or credit for abatement unless the employer has abated the violation, as specified, or has submitted a statement to the division in accordance with existing law, and would additionally require supporting evidence with the statement where necessary. The bill would authorize the division to grant such a modification only if the violation has been abated, as specified, or the signed statement and supporting evidence is received within 10 working days after the end of the period fixed for abatement.

The bill would generally prohibit the stay or suspension of a requirement to abate the hazards affirmed by the decision or order during the pendency before the appeals board of a petition for reconsideration of a citation for a violation that is classified as a serious violation, repeat serious violation, or willful serious violation.

The bill would authorize the appeals board to stay or suspend an abatement, upon petition by the employer, only if the employer demonstrates that a stay or suspension will not adversely affect the health and safety of employees.

PASSED Assembly 05/28/14

PASSED Senate 08/27/14

Not signed into law yet.

Counsel to Management: For questions regarding the pending California legislation, please contact The Saqui Law Group.

 

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