BILL ANALYSIS                                                                                                                                                                                                    Ó






                             SENATE JUDICIARY COMMITTEE
                         Senator Hannah-Beth Jackson, Chair
                              2013-2014 Regular Session


          AB 1522 (Gonzalez)
          As Amended June 15, 2014
          Hearing Date: June 24, 2014
          Fiscal: Yes
          Urgency: No
          TMW


                                        SUBJECT
                                           
                             Employment:  Paid Sick Days

                                      DESCRIPTION  

          This bill would enact the Healthy Families, Healthy Workplaces  
          Act of 2014 and require employers to provide at least three paid  
          sick days for an employee who works for 30 or more days in a  
          calendar year.  This bill would authorize an employee to use  
          accrued sick days only after three months of employment.  

          This bill would also prohibit an employer from denying an  
          employee the right to use accrued sick days or in any manner  
          discriminating against the employee for attempting to exercise  
          the right to use accrued sick days or enforcing his or her  
          rights under this bill.  This bill would provide a rebuttable  
          presumption of unlawful retaliation if an employer denies an  
          employee the right to use accrued sick days, discharges,  
          threatens discharge, demotes, suspends, or in any manner  
          discriminates against the employee, as specified.  This bill  
          would also authorize the Labor Commissioner or Attorney General  
          to bring a civil action against the employer for violations and  
          authorize an award of reinstatement, backpay, the payment of  
          sick days unlawfully withheld, liquidated damages, as specified,  
          reasonable attorney's fees and costs, and interest.

                                      BACKGROUND  

          In order to address concerns of employees in fear of losing  
          their jobs when taking sick leave, the Legislature enacted AB  
          109 (Knox, Ch. 164, Stats. 1999), which established guidelines  
          for paid sick leave, if offered by the employer, and provided  
                                                                (more)



          AB 1522 (Gonzalez)
          Page 2 of ?



          protections for employees who utilize the employer's paid sick  
          leave program.  AB 109 prohibited retaliation and discrimination  
          against the employee who uses the program, and authorized the  
          Labor Commissioner or the employee to enforce the protection  
          provided in that bill.  That bill authorized recovery of wages,  
          penalties, and other compensation on behalf of the aggrieved  
          employees, as well as an award of reasonable attorney's fees for  
          the prevailing employee.
          Since 1999, the economic security for working families has  
          declined.  In a recent national study of this problem and how it  
          is associated with paid sick days, the study found:
           nearly 40 million private-sector workers do not have paid sick  
            time;
           employees without paid sick time are likely to go to work  
            sick, where they will have reduced productivity, at a  
            significant cost both to their employer and to their  
            possibility for professional advancement;
           without paid sick leave, parents are forced to send sick  
            children to school, which could potentially impact their  
            long-term health and educational performance;
           a two-child family with two workers earning the average wage  
            for workers without paid sick time would lose the family's  
            entire health care budget after just three days of missed  
            work;
           a two-child family with a single working parent earning the  
            average wage for workers without paid sick time ($10/hour)  
            cannot miss more than three days of work in a month without  
            falling below the federal poverty line; and
           taking unpaid sick time leaves workers vulnerable to losing  
            their jobs in an economy with a stubbornly high long-term  
            unemployment rate.  (E. Gould, K. Filion, A. Green, The need  
            for paid sick days: The lack of a federal policy further  
            erodes family economic security (June 29, 2011)  
              
            [as of June 16, 2014].)

          That study also found that, "despite the obvious need for paid  
          sick time for workers and their families, there is currently no  
          federal law that ensures all workers are able to earn such paid  
          leave.  As a result, only about 62% of private-sector workers  
          have paid sick time, leaving almost 40 million workers without  
          this basic protection."  (Id.) 

          In 2007, San Francisco County passed the San Francisco Paid Sick  
          Leave Ordinance, which requires employers to provide paid sick  
          leave for all employees, including temporary and part-time  
                                                                      



          AB 1522 (Gonzalez)
          Page 3 of ?



          employees, who work within the county.  The San Francisco Paid  
          Sick Leave Ordinance became effective on February 5, 2007.

          Since 2008, there have been multiple attempts to address the  
          economic and financial instability resulting from workers taking  
          leave without pay.  However, legislation to require employers to  
          provide sick days has been unsuccessful.  AB 2716 (Ma, 2008)  
          would have required employers to provide paid sick days to  
          employees who work for seven or more days in a calendar year.   
          AB 2716 was held in the Senate Committee on Appropriations; that  
          bill did not come through this Committee.  AB 1000 (Ma, 2009)  
          was substantially similar to AB 2716 and was held in the  
          Assembly Committee on Appropriations.  AB 400 (Ma, 2012) was  
          substantially similar to both of those bills and was held in the  
          Assembly Committee on Appropriations.  

          This bill, which would also require employers to provide paid  
          sick days to employees, is similar to AB 2716, AB 1000, and AB  
          400 but contains significant differences as discussed further  
          below.

          This bill was heard in the Senate Labor and Industrial Relations  
          Committee on June 11, 2014, and passed out on a 3-1 vote.

                                CHANGES TO EXISTING LAW
           
           Existing law  requires an employer to, semimonthly or at the time  
          of each payment of wages, furnish each of his or her employees,  
          either as a detachable part of the check, draft, or voucher  
          paying the employee's wages, or separately when wages are paid  
          by personal check or cash, an accurate itemized statement in  
          writing showing specified information, including gross wages  
          earned and the amount of hours worked by the employee.  (Lab.  
          Code Sec. 226.)

          Existing law  provides for various forms of unpaid and (in some  
          circumstances) paid leave for employees.  (Lab. Code Sec. 233;  
          Gov. Code Sec. 12945 et seq.; 29 U.S.C. Sec. 2606 et seq.)  

           Existing law  authorizes employers to provide their employees  
          with paid sick leave, and any employer that chooses to provide  
          sick leave must allow an employee to use accrued and available  
          sick leave, in an amount not less than the sick leave that would  
          be accrued during six months at the employee's then current rate  
          of entitlement.  (Lab. Code Sec. 233(a).)

                                                                      



          AB 1522 (Gonzalez)
          Page 4 of ?



           Existing law  provides that sick leave can be used by the  
          employee for any of the following reasons: 
           being physically or mentally unable to work due to illness,  
            injury, or a medical condition of the employee;
           obtaining professional diagnosis of treatment for a medical  
            condition of the employee;
           other medical reasons of the employee, such as pregnancy or  
            obtaining a physical examination; or
           to attend to an illness of a child, parent, spouse, or  
            domestic partner of the employee.  (Lab. Code Sec. 233(b)(4).)

           Existing law  does not require this sick leave to accrue, from  
          one year to the next, nor does it vest.  In addition, sick leave  
          does not extend the maximum period of leave to which an employee  
          is entitled under other leaves, such as the federal Family and  
          Medical Leave Act, regardless of whether sick leave is received  
          during that leave.  (Lab. Code Sec. 233(a).)

           Existing law  prohibits employers from denying an employee the  
          right to use sick leave or discharge, threaten to discharge,  
          demote, suspend, or in any manner discriminate against an  
          employee for using, or attempting to use, sick leave to attend  
          to an illness of a child, parent, spouse, or domestic partner of  
          the employee, and a violation of this right entitles employees  
          to reinstatement and actual damages or one day's pay, whichever  
          is greater, and to appropriate equitable relief.  The employee  
          can either file a complaint with the Labor Commissioner or bring  
          a civil action for remedies.  (Lab. Code Sec. 233(d), (e).)

           Existing law  provides that an employer absence control policy  
          that counts sick leave as an absence that may lead to or result  
          in discipline, discharge, demotion, or suspension is a per se  
          violation, and an employee working under that policy is entitled  
          to appropriate legal and equitable relief, as specified.  (Lab.  
          Code Sec. 234.)
           
          Existing law  , the Fair Employment and Housing Act (FEHA), makes  
          it an unlawful practice for an employer, unless based on a bona  
          fide occupational qualification, to refuse to allow a female  
          employee disabled by pregnancy, childbirth, or a related medical  
          condition to take a leave for a reasonable period of time not to  
          exceed four months and thereafter return to work.  The employee  
          is entitled to utilize any accrued vacation leave during this  
          period of time.  (Gov. Code Sec. 12945(a)(1).)

           Existing law  authorizes any person claiming to be aggrieved by  
                                                                      



          AB 1522 (Gonzalez)
          Page 5 of ?



          an alleged unlawful practice may file with the Department of  
          Fair Employment and Housing a verified complaint, in writing,  
          that shall state the name and address of the person, employer,  
          labor organization, or employment agency alleged to have  
          committed the unlawful practice complained of, and that shall  
          set forth the particulars thereof and contain other information  
          as may be required by the department.  The Director of Fair  
          Employment and Housing or his or her authorized representative  
          may in like manner, on his or her own motion, make, sign, and  
          file a complaint.  (Gov. Code Sec. 12960(b).)

           Existing law  authorizes, where an unlawful practice alleged in a  
          verified complaint adversely affects, in a similar manner, a  
          group or class of persons of which the aggrieved person filing  
          the complaint is a member, or where such an unlawful practice  
          raises questions of law or fact which are common to such a group  
          or class, the aggrieved person or the Director of Fair  
          Employment and Housing to file the complaint on behalf and as  
          representative of such a group or class.  Any complaint so filed  
          may be investigated as a group or class complaint, and, if in  
          the judgment of the Director, circumstances warrant, shall be  
          treated as such for purposes of conciliation, dispute  
          resolution, and civil action.  (Gov. Code Sec. 12961.)
           
          Existing law  authorizes the court to grant relief in a FEHA  
          action any relief a court is empowered to grant in a civil  
          action, in addition to any other relief that, in the judgment of  
          the court, will effectuate the purpose of this part.  This  
          relief may include a requirement that the employer conduct  
          training for all employees, supervisors, and management on the  
          requirements of this part, the rights and remedies of those who  
          allege a violation of this part, and the employer's internal  
          grievance procedures.  In addition, in order to vindicate the  
          purposes and policies of this part, a court may assess against  
          the defendant, if the civil complaint or amended civil complaint  
          so prays, a civil penalty of up to $25,000 to be awarded to a  
          person denied any right provided under the Unruh Civil Rights  
          Act, as an unlawful practice prohibited under FEHA.  (Gov. Code  
          Sec. 12965(c).)
           This bill  would require an employer to include in the required  
          itemized statement provided to an employee the amount of paid  
          sick leave accrued and used.

           This bill  would enact the Healthy Families, Healthy Workplaces  
          Act of 2014, and provide that an employee who, on or after July  
          1, 2015, works in California for 30 or more days in a calendar  
                                                                      



          AB 1522 (Gonzalez)
          Page 6 of ?



          year is entitled to paid sick days, as specified.

           This bill  would prescribe that an employee will accrue paid sick  
          days at the rate of not less than one hour per every 30 hours  
          worked, beginning at the commencement of employment or the  
          operative date of this article, whichever is later, and an  
          employee who is exempt from overtime requirements as an  
          administrative, executive, or professional employee under a wage  
          order of the Industrial Welfare Commission is deemed to work 40  
          hours per workweek, unless the employee's normal workweek is  
          less than 40 hours, in which case the employee shall accrue paid  
          sick days based upon that normal workweek.

           This bill  would entitle an employee to use accrued paid sick  
          days beginning on the 90th calendar day of employment, after  
          which day the employee may use paid sick days as they are  
          accrued.

           This bill  would provide that accrued paid sick days carry over  
          to the following year of employment; however, an employer may  
          limit an employee's use of paid sick days to 24 hours or three  
          days in each calendar year of employment.

           This bill  would provide that an employer is not required to  
          provide additional paid sick days if the employer has a paid  
          leave policy or paid time off policy and the employer makes  
          available an amount of leave that satisfies the accrual  
          requirements and that may be used for the same purposes and  
          under the same conditions, as specified; however, an employer is  
          not required to provide compensation to an employee for accrued,  
          unused paid sick days upon termination, resignation, retirement,  
          or other separation from employment.

           This bill  would specify that, if an employee separates from an  
          employer and is rehired by the employer within one year,  
          previously accrued and unused paid sick days shall be  
          reinstated, and the employee would be entitled to use those  
          previously accrued and unused paid sick days and to accrue  
          additional paid sick days upon rehiring.

           This bill  would authorize an employer to lend paid sick days to  
          an employee in advance of accrual, at the employer's discretion,  
          and with proper documentation.

           This bill  would require, upon the oral or written request of an  
          employee, an employer to provide paid sick days for the  
                                                                      



          AB 1522 (Gonzalez)
          Page 7 of ?



          diagnosis, care, or treatment of an existing health condition  
          of, or preventive care for, an employee or an employee's family  
          member, and, for an employee who is a victim of domestic  
          violence, sexual assault, or stalking, as specified.
           This bill  would prohibit an employer from requiring as a  
          condition of using paid sick days that the employee search for  
          or find a replacement worker to cover the days during which the  
          employee uses paid sick days.

           This bill  would prohibit an employer from denying an employee  
          the right to use accrued sick days, discharge, threaten to  
          discharge, demote, suspend, or in any manner discriminate  
          against an employee for using accrued sick days, attempting to  
          exercise the right to use accrued sick days, filing a complaint  
          with the department or in a court alleging a violation of this  
          bill, cooperating in an investigation or prosecution of an  
          alleged violation, or opposing any policy or practice or act  
          that is prohibited by this bill.

           This bill  would establish a rebuttable presumption of unlawful  
          retaliation if an employer denies an employee the right to use  
          accrued sick days, discharges, threatens to discharge, demotes,  
          suspends, or in any manner discriminates against an employee  
          within 30 days of any of the following:
           the filing of a complaint by the employee with the Labor  
            Commissioner alleging a violation of this bill; 
           the cooperation of an employee with an investigation or  
            prosecution of an alleged violation; or
           opposition by the employee to a policy, practice, or act that  
            is prohibited by this bill.

           This bill  would require an employer to give each employee  
          written notice of the requirements of this bill in English, in  
          additional languages, as specified, and any other language  
          spoken by at least 5 percent of the employees.  This bill would  
          also require the Labor Commissioner to create a written notice  
          containing this information and make it available to employers.   
          This bill would require the written notice to state the  
          following:
           that an employee is entitled to accrue, request, and use paid  
            sick days;
           the amount of paid sick days provided for by this bill;
           the terms of use of paid sick days; and
           that retaliation or discrimination against an employee who  
            requests paid sick days or uses paid sick days, or both, is  
            prohibited and that an employee has the right under this  
                                                                      



          AB 1522 (Gonzalez)
          Page 8 of ?



            article to file a complaint or bring a civil action against an  
            employer who retaliates or discriminates against the employee.

           This bill  would require the Labor Commissioner to create a  
          poster containing this information and make it available to  
          employers, who would be required, in each workplace of the  
          employer, to display a poster in a conspicuous place containing  
          all the information in the notice. 

           This bill  would subject an employer who willfully violates the  
          notice and posting requirements of this bill to a civil penalty  
          of not more than $100 for each offense.

           This bill  would require an employer to keep for at least five  
          years records documenting the hours worked and paid sick days  
          accrued and used by an employee. 

           This bill  would require an employer to allow the Labor  
          Commissioner access to those records with appropriate notice and  
          at a mutually agreeable time to monitor compliance with this  
          bill and would require the employer to make these records  
          available to an employee.  This bill would specify that, if an  
          employer does not maintain adequate records as required, it  
          would be presumed that the employee is entitled to the maximum  
          number of hours accruable under this article, unless the  
          employer can show otherwise by clear and convincing evidence.

           This bill  would require the Labor Commissioner to coordinate  
          implementation and enforcement of this bill and promulgate  
          guidelines and regulations for those purposes.

           This bill  would require the Labor Commissioner to enforce  
          violations under this bill, including investigating an alleged  
          violation, and ordering appropriate temporary relief to mitigate  
          the violation or to maintain the status quo pending the  
          completion of a full investigation or hearing.

           This bill  would authorize the Labor Commissioner, after a  
          hearing that contains adequate safeguards to ensure that the  
          parties are afforded due process to determine that a violation  
          of this bill has occurred, to order any appropriate relief,  
          including reinstatement, backpay, the payment of sick days  
          unlawfully withheld, and the payment of an additional sum in the  
          form of an administrative penalty to an employee or other person  
          whose rights under this bill were violated. 

                                                                      



          AB 1522 (Gonzalez)
          Page 9 of ?



           This bill  would provide that, if paid sick days were unlawfully  
          withheld, the dollar amount of paid sick days withheld from the  
          employee multiplied by three, or $250, whichever amount is  
          greater, which must be included in the administrative penalty.   
          In addition, this bill would provide that, if a violation of  
          this bill results in other harm to the employee or person, such  
          as discharge from employment, or otherwise results in a  
          violation of the rights of the employee or person, the  
          administrative penalty shall include a sum of $50 for each day  
          or portion thereof that the violation occurred or continued.

           This bill  would authorize the Labor Commissioner, where prompt  
          compliance by an employer is not forthcoming, to take any  
          appropriate enforcement action to secure compliance, including  
          the filing of a civil action.  This bill would authorize the  
          Labor Commissioner, in compensation to the state for the costs  
          of investigating and remedying the violation, to order the  
          violating employer to pay to the state a sum of not more than  
          $50 for each day or portion of a day a violation occurs or  
          continues for each employee or other person whose rights under  
          this bill were violated, and would require these funds to be  
          allocated to the Labor Commissioner to offset the costs of  
          implementing and enforcing this bill.

           This bill  would authorize an employee or other person to report  
          to the Labor Commissioner a suspected violation of this bill,  
          and require the Labor Commissioner to encourage reporting by  
          keeping confidential, to the maximum extent permitted by  
          applicable law, the name and other identifying information of  
          the employee or person reporting the violation. However, the  
          Labor Commissioner would be authorized to disclose that person's  
          name and identifying information as necessary to enforce this  
          bill or for other appropriate purposes, upon the authorization  
          of that person.

           This bill  would authorize the Labor Commissioner or the Attorney  
          General to bring a civil action in a court of competent  
          jurisdiction against the employer or other person violating this  
          bill and, upon prevailing, would be entitled to collect legal or  
          equitable relief on behalf of the aggrieved employee as may be  
          appropriate to remedy the violation, including reinstatement,  
          backpay, the payment of sick days unlawfully withheld, the  
          payment of an additional sum as liquidated damages in the amount  
          of $50 to each employee or person whose rights under this bill  
          were violated for each day or portion thereof that the violation  
          occurred or continued, plus, if the employer has unlawfully  
                                                                      



          AB 1522 (Gonzalez)
          Page 10 of ?



          withheld paid sick days to an employee, the dollar amount of  
          paid sick days withheld from the employee multiplied by three;  
          or $250, whichever amount is greater; and reinstatement in  
          employment or injunctive relief; and further require an award of  
          reasonable attorney's fees and costs, provided, however, that  
          any person or entity enforcing this bill on behalf of the public  
          as provided for under applicable state law shall, upon  
                                                                  prevailing, be entitled only to equitable, injunctive, or  
          restitutionary relief, and reasonable attorney's fees and costs.

           This bill  would require the Labor Commissioner or court, in an  
          administrative or civil action brought under this bill, as the  
          case may be, to award interest on all amounts due and unpaid.

           This bill  would specify that the remedies, penalties, and  
          procedures provided under this bill are cumulative, and the bill  
          would not limit or affect any laws guaranteeing the privacy of  
          health information, or information related to domestic violence  
          or sexual assault, regarding an employee or employee's family  
          member; that information would be treated as confidential and  
          not be disclosed to any person except to the affected employee,  
          or as required by law.

           This bill  would provide that it should not be construed to  
          discourage or prohibit an employer from adopting or retaining a  
          paid sick day policy more generous than the one required under  
          this bill.

           This bill  would provide that it does not lessen the obligation  
          of an employer to comply with a contract, collective bargaining  
          agreement, employment benefit plan, or other agreement providing  
          more generous sick days to an employee than required under this  
          bill.

           This bill  would specify that it establishes minimum requirements  
          pertaining to paid sick days and does not preempt, limit, or  
          otherwise affect the applicability of any other law, regulation,  
          requirement, policy, or standard that provides for greater  
          accrual or use by employees of sick days, whether paid or  
          unpaid, or that extends other protections to an employee.

           This bill  would require a public authority, as specified, to  
          comply with this bill for individuals who perform domestic  
          services comprising in-home supportive services, as specified.
           
          This bill  would provide that a public authority may satisfy this  
                                                                      



          AB 1522 (Gonzalez)
          Page 11 of ?



          bill by entering into a collective bargaining agreement that  
          provides an incremental hourly wage adjustment in an amount  
          sufficient to satisfy the accrual requirements, as specified.

           This bill  would exclude from the definition of "employee" all of  
          the following:
           an employee covered by a valid collective bargaining agreement  
            if the agreement expressly provides for the wages, hours of  
            work, and working conditions of employees, and expressly  
            provides for paid sick days or a paid leave or paid time off  
            policy that permits the use of sick days for those employees,  
            final and binding arbitration of disputes concerning the  
            application of its paid sick days provisions, premium wage  
            rates for all overtime hours worked, and regular hourly rate  
            of pay of not less than 30 percent more than the state minimum  
            wage rate; and
           an employee in the construction industry, as defined, covered  
            by a valid collective bargaining agreement if the agreement  
            expressly provides for the wages, hours of work, and working  
            conditions of employees, premium wage rates for all overtime  
            hours worked, and regular hourly pay of not less than 30  
            percent more than the state minimum wage rate, and the  
            agreement either was entered into before January 1, 2015, or  
            expressly waives the requirements of this article in clear and  
            unambiguous terms. 

           This bill  would define "employer" to mean any person employing  
          another under any appointment or contract of hire, including the  
          state, political subdivisions of the state, and municipalities.

           This bill  would define "family member" to mean any of the  
          following:
           a child, which for purposes of this article means a  
            biological, adopted, or foster child, stepchild, legal ward,  
            or a child to whom the employee stands in loco parentis, and  
            this definition applies regardless of age or dependency  
            status;
           a biological, adoptive, or foster parent, stepparent, or legal  
            guardian of an employee or the employee's spouse or registered  
            domestic partner, or a person who stood in loco parentis when  
            the employee was a minor child;
           a spouse;
           a registered domestic partner;
           a grandparent;
           a grandchild; or
           a sibling.
                                                                      



          AB 1522 (Gonzalez)
          Page 12 of ?




           This bill  would define "paid sick days" to mean time that is  
          compensated at the same wage as the employee normally earns  
          during regular work hours and is provided by an employer to an  
          employee.

           This bill  would include legislative finding and declarations  
          regarding the need for workers to take time off from work to  
          take care of his or her own health or the health of family  
          members.

                                        COMMENT
           
          1.  Stated need for the bill  
          
          The author writes:
          
            Under current law, employers are not required to provide  
            short-term paid sick days. Some cities across the nation,  
            including San Francisco, Seattle, and Washington D.C., and  
            recently the state of Connecticut, have all enacted  
            legislation that sets a number of minimum days of paid sick  
            leave a worker can use in a year.

            AB 1522 will add California to this growing movement of  
            providing all employees with the ability to take care of  
            themselves or a family member without risking economic or job  
            security.  This bill will also reduce the impact of  
            "presenteeism" which deals with the loss of productivity of  
            sick employees that show up [to] work. Finally, this bill will  
            decrease health care costs with an expected reduction of  
            emergency room visits by allowing workers to get preventive  
            treatment before serious complications.

          2.  Requiring employers to provide paid sick leave  

          This bill would enact the Healthy Families, Healthy Workplaces  
          Act of 2014 and require employers to provide at least three paid  
          sick days for an employee who works for 30 or more days in a  
          calendar year.  Existing law authorizes an employer to provide a  
          paid sick leave program and provides discrimination and  
          retaliation protections to employees who use that program.
          
          The author asserts that studies have found that providing sick  
          days to workers saves money for businesses by reducing turnover,  
          reducing the spread of illness in the workplace, and improving  
                                                                      



          AB 1522 (Gonzalez)
          Page 13 of ?



          workers' morale and productivity.  Further, the author asserts  
          that this bill would allow workers to earn paid sick days to use  
          for personal illness, care for a sick family member, and recover  
          from domestic violence or assault.  

          California Nurses Association (CNA), in support, asserts that  
          "[t]he need for this bill is real and urgent.  A new study by  
          the Institute for Women's Policy Research found that in San  
          Diego alone, 44% or about 433,000 private sector employees lack  
          a single earned sick day.  The same study found that the  
          industries with the lowest access to earned sick days are those  
          that require frequent or direct contact with our food which  
          raises important health concerns."  CNA argues that this bill  
          will decrease health care costs, reduce community contagion when  
          employees are able to take time away from work when sick, and  
          supports children and families by allowing a parent to stay home  
          with a sick child, keeping the child away from other children  
          and school teachers.  In these ways, CNA asserts that this bill  
          will have a ripple effect and save tax-payers' dollars going to  
          health care costs by limiting the amount of emergency room  
          visits and reduce the community contagion caused by sick  
          employees reporting to work or sick children unable to stay at  
          home with a parent.

          3.  Discrimination and retaliation protections
           
          This bill would also prohibit an employer from denying an  
          employee the right to use accrued sick days or in any manner  
          discriminating against the employee for attempting to exercise  
          the right to use accrued sick days or enforcing his or her  
          rights under this bill.  This bill would provide a rebuttable  
          presumption of unlawful retaliation if an employer denies an  
          employee the right to use accrued sick days, discharges,  
          threatens discharge, demotes, suspends, or in any manner  
          discriminates against the employee, as specified.

          Notably, this bill would mirror existing discrimination and  
          retaliation protections provided to employees of employers who  
          establish paid sick leave programs.  Arguably, providing the  
          same protections for mandated employer paid sick leave programs  
          as those for voluntary employer paid sick leave programs  
          furthers the same public purpose of helping to provide financial  
          stability to those most vulnerable to losing their jobs in an  
          economy with a stubbornly high long-term unemployment rate.

          4.  Enforcement actions  
                                                                      



          AB 1522 (Gonzalez)
          Page 14 of ?




          This bill would authorize the Labor Commissioner or Attorney  
          General to bring a civil action against the employer for  
          violations under this bill.  Existing law authorizes either the  
          Labor Commissioner or the employee to file the civil action for  
          paid sick leave violations.  Notably, this bill no longer  
          provides for a private right of action.

          Further, under existing law for paid sick leave violations, the  
          employee is entitled to reinstatement, actual damages or one  
          day's pay, whichever is greater, and equitable relief.  The  
          employee is also entitled to an award of reasonable attorney's  
          fees and costs.  Similarly, this bill would provide  
          reinstatement and an award of backpay, the payment of sick days  
          unlawfully withheld, liquidated damages, as specified,  
          reasonable attorney's fees and costs, and interest.  Liquidated  
          damages are typically used to deter violations of labor laws.   
          Arguably, these remedies would further the legislative purpose  
          of providing employee's with strong employment protections.

          5.  Oppositions' concerns  

          Opponents representing many large and small business  
          associations, including the National Federation of Independent  
          Business, California Employment Law Council, and the California  
          Chamber of Commerce, argue that this bill would unreasonably  
          expand employers' burdens, costs, and liability.  Opponents also  
          state that many California employers provide paid sick leave  
          and/or paid vacation time even though current law does not  
          require it.  Opponents conclude that in an already troubled  
          economy California should be seeking ways to stimulate job  
          growth and avoid forcing costly mandates on employers.

          In response, the author asserts that the chief concern of  
          employers deals with their objections to a mandate to provide at  
          least three days of compensated sick leave every year.   
          Currently, there are an estimated five million to six million  
          employees in California who cannot take an hour off of work to  
          care for themselves or a family member without fear of losing  
          pay or even their job.  The author argues that a mandate is  
          necessary in order to provide this necessary workplace  
          protection, similar to the Legislature's actions on rest and  
          meal breaks, minimum wage, and overtime.  Further, the author  
          asserts that this bill would actually deliver substantial cost  
          savings to businesses both large and small because it would  
          reduce the number of sick employees passing illnesses to  
                                                                      



          AB 1522 (Gonzalez)
          Page 15 of ?



          co-workers, which reduces productivity, nonfatal occupational  
          injuries would decrease, and jurisdictions that have passed a  
          paid sick day ordinance giving qualified workers between five  
          and nine sick days per year report no discernible negative  
          impacts on employment figures.


           Support  :  Alameda Labor Council, AFL-CIO; American Federation of  
          State, County and Municipal Employees, AFL-CIO; American Civil  
          Liberties Union; Breathe California; California Catholic  
          Conference of Bishops; California Conference Board of the  
          Amalgamated Transit Union; California Conference of Machinists;  
          California Employment Lawyers Association; California Federation  
          of Teachers; California Latino Legislative Caucus; California  
          Medical Association; California Nurses Association; California  
          Partnership to End Domestic Violence; California Professional  
          Firefighters; California School Employees Association;  
          California Teachers Association; California Teamsters Public  
          Affairs Council; Consumer Federation of California; Engineers  
          and Scientists of California; Glendale City Employees  
          Association; Hollywood Remembers, Inc.; International Longshore  
          & Warehouse Union; International Longshore & Warehouse Union  
          Southern California District Council; National Association of  
          Social Workers - California Chapter;  Organization of SMUD  
          Employees; Professional & Technical Engineers, Local 21; San  
          Bernardino Public Employees Association; San Luis Obispo County  
          Employees Association; Santa Rosa City Employees Association;  
          UNITE HERE!; Utility Workers Union of America, Local 132; Young  
          Invincibles

           Opposition  :  Acclamation Insurance Management Services; Air  
          Conditioning Trade Association; Alhambra Chamber of Commerce;  
          Allied Managed Care; Associated Builders and Contractors - San  
          Diego Chapter; Associated Builders and Contractors of  
          California; Associated General Contractors; Association of  
          California Healthcare Districts; Automotive Services Councils of  
          California; Brawley Chamber of Commerce; Brea Chamber of  
          Commerce; California Asian Chamber of Commerce; California  
          Association for Health Services at Home; California Association  
          of Joint Powers Authorities; California Association of Licensed  
          Security Agencies, Guards and Associates; California Association  
          of Winegrape Growers; California Attractions and Parks  
          Association; California Beer & Beverage Distributors; California  
          Business Properties Association; California Business Roundtable;  
          California Chamber of Commerce; California Chapter of American  
          Fence Association; California Concrete Contractors Association;  
                                                                      



          AB 1522 (Gonzalez)
          Page 16 of ?



          California Employment Law Council; California Fence Contractors'  
          Association; California Grocers Association; California Hotel &  
          Lodging Association; California Independent Grocers Association;  
          California Manufacturers and Technology Association; California  
          New Car Dealers Association; California Newspaper Publishers  
          Association; California Professional Association of Specialty  
          Contractors; California Restaurant Association; California  
          Retailers Association; California Special Districts Association;  
          California State Association of Counties; California State  
          Council of the Society for Human Resource Management; California  
          Travel Association; California Trucking Association; CAWA -  
          Representing the Automotive Parts Industry; Chambers of Commerce  
          Alliance of Ventura & Santa Barbara Counties; City of La Mirada;  
          Consolidated Communications (formerly SureWest); Dana Point  
          Chamber of Commerce; Desert Hot Springs Chamber of Commerce and  
          Visitors Center; El Centro Chamber of Commerce; Engineering  
          Contractors' Association; First Choice Business Brokers; Flasher  
          Barricade Association; Fountain Valley Chamber of Commerce;  
          Fullerton Chamber of Commerce; Greater Bakersfield Chamber of  
          Commerce; Greater Conejo Valley Chamber of Commerce; Greater  
          Fresno Area Chamber of Commerce; Greater Riverside Chambers of  
          Commerce; Greater San Fernando Valley Chamber of Commerce;  
          Higher Power SEO; HOCOA; Huntington Beach Chamber of Commerce;  
          Independent Energy Solutions; James M. Morrison Insurance  
          Services, Inc.; Kennedy & Associates; League of California  
          Cities; Lodi Chamber of Commerce; Long Beach Area Chamber of  
          Commerce; Marin Builders Association; National Federation of  
          Independent Business; National Right to Work Committee; North  
          Coast Signs; North County Administrative Services Incorporated;  
          Orange County Business Council; Oxnard Chamber of Commerce; Palm  
          Desert Area Chamber of Commerce; Plenums Plus;  
          Plumbing-Heating-Cooling Contractors Association of California;  
          Porterville Chamber of Commerce; Premierehire;  R & L  
          Alvarez-Malo, Inc.; Redondo Beach Chamber of Commerce; Reiker  
          Machine; Rural County Representatives of California; San Diego  
          East County Chamber of Commerce; San Gabriel Valley Coalition;  
          San Jose Silicon Valley Chamber of Commerce; Santa Clara Chamber  
          of Commerce and Convention-Visitors Bureau; Simi Valley Chamber  
          of Commerce; Society for Human Resource Management; Southwest  
          California Legislative Council; Tahoe Chamber of Commerce; The  
          Gardens; Torrance Area Chamber of Commerce; The Joint Encinitas;  
          The Joint Oceanside; Turlock Chamber of Commerce; Urban Counties  
          Caucus; Visalia Chamber of Commerce; Visiting Angels; Western  
          Electrical Contractors Association; Wine Institute; Three  
          Individuals

                                                                      



          AB 1522 (Gonzalez)
          Page 17 of ?



                                        HISTORY
           
           Source  :  California Labor Federation, AFL-CIO; California State  
          Council of the Service Employees International Union

           Related Pending Legislation  :  None Known

           Prior Legislation  :

          AB 400 (Ma, 2012) See Background.

          AB 1000 (Ma, 2009) See Background.

          AB 2716 (Ma, 2008) See Background.

          AB 109 (Knox, Ch. 164, Stats. 1999) See Background.

           Prior Vote  :

          Senate Committee on Labor and Industrial Relations (Ayes 3, Noes  
          1)
          Assembly Floor (Ayes 52, Noes 23)
          Assembly Committee on Appropriations (Ayes 12, Noes 5)
          Assembly Committee on Judiciary (Ayes 6, Noes 3)
          Assembly Committee on Labor and Employment (Ayes 5, Noes 1)

                                   **************