Amended in Assembly March 21, 2013

California Legislature—2013–14 Regular Session

Assembly Bill No. 1082

Introduced by Assembly Member Williams

February 22, 2013

begin delete An act relating to employment. end delete begin insert An act to add Section 1173.5 to the Labor Code, relating to employment. end insert

LEGISLATIVE COUNSEL’S DIGEST

AB 1082, as amended, Williams. begin delete Employee records. end delete begin insert Employment records: report. end insert

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Existing law requires every person employing labor to provide the Industrial Welfare Commission with any report or information the commission requires to carry out its duties, including, but not limited to, records showing the names and addresses of all employees employed and the ages of all minors.

end insert begin insert

This bill would require an employer who employs 50 or more full-time equivalent employees to annually report to the Employment Development Department specified information relating to the average number of hours each employee worked per week in a calendar year and whether those employees were enrolled in minimum essential coverage, as defined, under an eligible employer-sponsored health care plan.

end insert begin delete

The Labor Code requires employers to maintain specified records of their employees, including, but not limited to, the names and addresses of all employees employed and the ages of all minors.

end delete begin delete

This bill would state the intent of the Legislature to enact legislation to require employers to keep records of the number of hours each employee worked per week and whether the employer provided each employee with health insurance for the period of employment.

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Vote: majority. Appropriation: no. Fiscal committee:  begin delete no end delete begin insert yes end insert . State-mandated local program: no.

The people of the State of California do enact as follows:

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begin insert SECTION 1. end insert   

end insert

begin insert Section 1173.5 is added to the end insert begin insert Labor Code end insert begin insert , to
read: end insert

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begin insert 1173.5. end insert   

(a) An employer who employs 50 or more full-time
equivalent employees shall report to the Employment Development
Department, on or before of July 1 of each year, all of the following
information:

(1) The employer’s name.

(2) The employer’s address.

(3) The number of employees employed by the employer on
January 1 of the year the report is due.

(4) The average number of hours each employee worked per
week for the calendar year before the report is due.

(5) Whether each employee described in paragraph (4) was
enrolled in minimum essential coverage under an eligible
employer-sponsored health care plan.

(b) The report due on or before July 1, 2014, shall include the
information required by subdivision (a) for the calendar years
2013 and 2014.

(c) For purposes of this section, the following terms shall have
the following meanings:

(1) “Employer” shall include any subsidiaries at all locations
within the state.

(2) “Minimum essential coverage” shall have the same meaning
as the term is defined under subsection (f) of Section 5000A of
Chapter 48 of Subtitle D of Title 26 of the United States Code.

(d) Notwithstanding Section 1199, a violation of this section is
not a misdemeanor.

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SECTION 1.  

It is the intent of the Legislature to enact
legislation to require employers to keep records of the number of
hours each employee worked per week and whether the employer
provided each employee with health insurance for the period of
employment.

end delete