BILL NUMBER: AB 504	ENROLLED
	BILL TEXT

	PASSED THE SENATE  AUGUST 30, 2007
	PASSED THE ASSEMBLY  SEPTEMBER 4, 2007
	AMENDED IN SENATE  JUNE 11, 2007
	AMENDED IN ASSEMBLY  MARCH 27, 2007

INTRODUCED BY   Assembly Member Swanson

                        FEBRUARY 20, 2007

   An act to add Section 1138.7 to the Labor Code, relating to labor
strikes.



	LEGISLATIVE COUNSEL'S DIGEST


   AB 504, Swanson. Lockouts.
   Under existing law, a violation of the laws related to using
strikebreakers and lockouts may result in a fine or imprisonment, or
both.
   This bill would, in addition, require employers, other than the
state and its political subdivisions, that are convicted of a crime
involving fraud, misrepresentation, or misconduct related to a
lockout, as defined, to make restitution to employees for lost wages
and benefits. The bill would impose a state-mandated local program by
changing the penalties for a crime.
   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.


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:

  SECTION 1.  Section 1138.7 is added to the Labor Code, to read:
   1138.7.  (a) If an employer is convicted of a crime involving
fraud, misrepresentation, or misconduct during a lockout, and the
criminal conduct is related to and in furtherance of that lockout,
the employer, in addition to any other penalty, shall be ordered to
make restitution to any employee who was locked out of any lost wages
and benefits, including interest thereon, that the employee would
have received if there had been no lockout.
   (b) For purposes of this section, "lockout" meansa period of time
during which an employer prohibits an employee from performing his or
her work or returning to work because of a labor dispute with the
employer regarding the employee's wages, hours, or other terms or
conditions of employment.
   (c) This section does not apply to the state or any political
subdivision thereof, including any city, county, city and county, or
special district.
  SEC. 2.  No reimbursement is required by this act pursuant to
Section 6 of Article XIII B of the California Constitution because
the only costs that may be incurred by a local agency or school
district will be incurred because this act creates a new crime or
infraction, eliminates a crime or infraction, or changes the penalty
for a crime or infraction, within the meaning of Section 17556 of the
Government Code, or changes the definition of a crime within the
meaning of Section 6 of Article XIII B of the California
Constitution.