BILL ANALYSIS                                                                                                                                                                                                    Ó



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          ASSEMBLY THIRD READING
          AB 10 (Alejo)
          As Introduced  December 3, 2012
          Majority vote 

           LABOR & EMPLOYMENT        5-2   APPROPRIATIONS      12-5        
           
           ----------------------------------------------------------------- 
          |Ayes:|Roger Hernández, Alejo,   |Ayes:|Gatto, Bocanegra,         |
          |     |Chau, Gomez, Holden       |     |Bradford,                 |
          |     |                          |     |Ian Calderon, Campos,     |
          |     |                          |     |Eggman, Gomez, Hall,      |
          |     |                          |     |Ammiano, Pan, Quirk,      |
          |     |                          |     |Weber                     |
          |     |                          |     |                          |
          |-----+--------------------------+-----+--------------------------|
          |Nays:|Morrell, Gorell           |Nays:|Harkey, Bigelow,          |
          |     |                          |     |Donnelly, Linder, Wagner  |
          |     |                          |     |                          |
           ----------------------------------------------------------------- 
           SUMMARY  :  Increases the state's minimum wage in three separate  
          increments over the next three years.  Thereafter, this bill  
          requires the minimum wage to adjust annually for inflation based  
          on the California Consumer Price Index.  Specifically,  this  
          bill  :  

          1)Increases California's minimum wage from $8.00 per hour to not  
            less than $8.25 per hour on January 1, 2014.

          2)Increases California's minimum wage from $8.25 per hour to not  
            less than $8.75 per hour on January 1, 2015.

          3)Increases California's minimum wage from $8.75 per hour to not  
            less than $9.25 per hour on January 1, 2016.

          4)Requires the minimum wage, commencing on January 1, 2017, and  
            annually thereafter, to be adjusted by the rate of inflation  
            that occurred during the previous year to maintain employee  
            purchasing power:

             a)   Requires the minimum wage to be calculated annually by  
               multiplying the minimum wage in effect on December 31of the  
               previous year by the percentage of inflation that occurred  
               during that year and adding that product to the minimum  








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               wage in effect during that year.

             b)   Requires the resulting total to be rounded off to the  
               nearest $0.05.

          5)Requires the Industrial Welfare Commission (IWC) to publicize  
            the adjusted minimum wage.

          6)Defines "Percentage of inflation" as the percentage of  
            inflation specified in the California Consumer Price Index for  
            All Urban Consumers, as published by the Department of  
            Industrial Relations (DIR), Division of Labor Statistics and  
            Research, or its successor index.

          7)Permits the IWC to increase the minimum wage in an amount that  
            is greater than the rate calculated pursuant to this measure.

          8)Prohibits the IWC from adjusting the minimum wage if the  
            average percentage of inflation for the previous year was  
            negative.

          9)Prohibits the IWC from reducing the minimum wage prescribed by  
            the measure.

           FISCAL EFFECT  :  According to the Assembly Appropriations  
          Committee, this bill would result in costs at full  
          implementation in 2016 of $2.6 million for minimum wage workers  
          employed by the state.  In addition, this bill would result in  
          General Fund costs of approximately $400,000 to the Department  
          of Industrial Relations to issue new minimum wage orders to  
          employers each time the minimum wage is increased.

           COMMENTS  :  According to the author, minimum wages have not kept  
          pace with the cost of living and has equated to a decrease in  
          purchasing power.  The author states that while the cost of  
          goods and services increase every year, the purchasing power of  
          minimum wage workers declines on an annual basis.  According to  
          the author, "we have created a system where we pay workers less  
          but need them to spend more.  That causes middle class families  
          to fall down the economic ladder.  It's the reason our middle  
          class is shrinking and our income gap is now wider than ever."  

          Writing in support, California Labor Federation (CLF) states  
          this bill will strengthen and depoliticize California's minimum  








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          wage.  According to CLF, "not only are those at the bottom of  
          the wage scale mired in poverty, over recent decades the real  
          value of their earnings has collapsed," leaving workers worse  
          off today.  In support of this, CLF cites that the California  
          Budget Project has calculated that between 1968 and 2008, the  
          purchasing power of California's minimum wage fell 24.8%.  CLF  
          supports indexing the minimum wage, starting that inflation is  
          in large part to blame for this crisis and why 10 states have  
          already indexed their minimum wage.  According to the CLF,  
          "rather than abandon low wage workers to the whims of  
          legislators, these states recognized the wisdom in allowing the  
          market to dictate what the minimum wage should be."

          The California Chamber of Commerce (Chamber) along with a  
          coalition of organizations writes in opposition, labeling this  
          bill as a job killer.  The Chamber states that California's  
          economic recovery is still in the infancy stage and that an  
          increase in the minimum wage in 2014 will negatively impact any  
          economic recovery by either limiting available jobs, or worse,  
          creating further job loss.  The Chamber states that although the  
          initial $0.25 increase may seem minimal, combined with the  
          unknown increased costs associated with the implementation of  
          the Affordable Care Act, the tax increases approved under  
          Proposition 30, and the partial reduction in federal tax credit  
          in 2014, it will impose a significant burden on California  
          employers.  These cumulative increases, according to the  
          Chamber, will either force a struggling employer to reduce their  
          costs in other areas, such as labor, or pass such increased  
          costs onto the consumers through higher prices, undermining this  
          bill's stated purpose. 

          Writing in opposition, the National Federation of Independent  
          Business (NFIB) conducted a study on this bill's potential  
          negative results.  The study states that depending upon the rate  
          of inflation in future years, enacting this bill could result in  
          46,000 to 68,000 lost jobs in California by 2023, and a  
          reduction in real output somewhere between $4.7-$5.7 billion.
           

          Analysis Prepared by  :    Ben Ebbink / L. & E. / (916) 319-2091 

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