BILL ANALYSIS �
AB 1383
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ASSEMBLY THIRD READING
AB 1383 (Labor and Employment Committee)
As Introduced March 4, 2013
Majority vote
LABOR & EMPLOYMENT 5-2
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|Ayes:|Roger Hern�ndez, Alejo, | | |
| |Chau, Gomez, Ian Calderon | | |
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|Nays:|Morrell, Gorell | | |
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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. This bill is keyed non-fiscal by the
Legislative Counsel.
AB 1383
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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
administrations tried to prohibit such local requirements from
applying on projects that received state funding.
Therefore, in 2002 the Legislature enacted AB 2509 (Goldberg),
Chapter 298, 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."
Analysis Prepared by : Ben Ebbink / L. & E. / (916) 319-2091
FN: 0000455