BILL ANALYSIS                                                                                                                                                                                                    �



                                                                  AB 1383
                                                                  Page  1

          Date of Hearing:   May 8, 2013

                     ASSEMBLY COMMITTEE ON LABOR AND EMPLOYMENT
                               Roger Hern�ndez, Chair
              AB 1383 (Labor Committee) - As Introduced:  March 4, 2013
           
          SUBJECT  :   Employment regulations: local enforcement.

           SUMMARY  :   Provides that nothing in the Labor Code prohibits  
          local enforcement of employment regulations in a manner more  
          stringent than enforcement by the state.
           
           EXISTING LAW  :

          1)Provides that nothing in a specified "part" of the Labor Code  
            shall be deemed to restrict the exercise of local police  
            powers in a more stringent manner.

          2)Provides that when a local jurisdiction expends funds that  
            have been provided to it by a state agency, operates a program  
            that has received assistance from a state agency, or engages  
            in an activity that has received assistance from a state  
            agency, labor standards established by the local jurisdiction  
            through exercise of local police powers or spending powers  
            shall take effect with regard to that expenditure, program, or  
            activity, so long as those labor standards are not in explicit  
            conflict with, or explicitly preempted by, state law. 

          3)Provides that a state agency may not require as a condition to  
            the receipt of state funds or assistance that a local  
            jurisdiction refrain from applying labor standards established  
            by the local jurisdiction to expenditures, programs, or  
            activities supported by the state funds or assistance in  
            question.

           FISCAL EFFECT  :   Unknown

           COMMENTS  :  This bill would protect local labor standards by  
          ensuring that nothing in the Labor Code prohibits local  
          enforcement of employment regulations in a manner more stringent  
          than enforcement by the state.

          Many cities throughout California have local labor standards  
          (such as minimum wage or living wage ordinances) that exceed the  
          requirements of California law.  Prior gubernatorial  








                                                                  AB 1383
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          administrations tried to prohibit such local requirements from  
          applying on projects that received state funding.

          Therefore, in 2002 the Legislature enacted AB 2509 (Goldberg) to  
          ensure that state law does not preempt more stringent local  
          labor standards or jeopardize state funding.  Among other  
          things, AB 2509 provided that "Nothing in this part [of the  
          Labor Code] shall be deemed to restrict the exercise of local  
          police powers in a more stringent manner."

          This proposal would amend the existing law to clarify that  
          nothing in the Labor Code itself preempts local labor standards  
          that go further.  The language would be amended to read,  
          "Nothing in this code shall be deemed to restrict the exercise  
          of police powers in a more stringent manner."

           REGISTERED SUPPORT / OPPOSITION  :   

           Support 
           
          California Labor Federation, AFL-CIO

           Opposition 
           
          None on file.
           

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