AB 1383, as introduced, Committee on Labor and Employment. Employment regulations: local enforcement.
Under existing law, the fundamental authority to regulate wages, hours, and working conditions lies within the police power of both the state and local jurisdictions. Existing law provides that such state laws regulating these matters do not restrict the exercise of local police powers in a more stringent manner.
This bill would state that nothing in the Labor Code prohibits local enforcement of employment regulations in a manner more stringent than enforcement by the state.
Vote: majority. Appropriation: no. Fiscal committee: no. State-mandated local program: no.
The people of the State of California do enact as follows:
Section 1205 of the Labor Code is amended to
2read:
(a) As used in this section:
4(1) “Local jurisdiction” means any city, county, district, or
5agency, or any subdivision or combination thereof.
P2 1(2) “State agency” means any state office, officer, department,
2division, bureau, board, commission, or agency, or any subdivision
3thereof.
4(3) “Labor standards” means any legal requirements regarding
5wages paid, hours worked, and other conditions of employment.
6(b) Nothing in thisbegin delete partend deletebegin insert codeend insert shall be deemed to restrict the
7exercise of local police powers in a more stringent manner.
8(c) When a local jurisdiction expends funds that have been
9provided to it by a state agency, operates a program that has
10received assistance from a state agency, or engages in an activity
11that has received assistance from a state agency, labor standards
12established by the local jurisdiction through exercise of local police
13powers or spending powers shall take effect with regard to that
14expenditure, program, or activity, so long as those labor standards
15are not in explicit conflict with, or explicitly preempted by, state
16law. A state agency may not require as a condition to the receipt
17of state funds or assistance that a local jurisdiction refrain from
18applying labor standards established by the local jurisdiction to
19expenditures, programs, or activities supported by the state funds
20or assistance in question.
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