BILL ANALYSIS                                                                                                                                                                                                    Ó



                                                                  AB 2751
                                                                  Page  1

          Date of Hearing:   May 7, 2014

                     ASSEMBLY COMMITTEE ON LABOR AND EMPLOYMENT
                               Roger Hernández, Chair
               AB 2751 (Roger Hernández) - As Amended:  March 28, 2014
           
          SUBJECT  :   Retaliation: unfair immigration-related practices:  
          suspension of business licenses.

           SUMMARY  :   Makes clean-up changes to provisions of existing law  
          enacted last year related to unfair immigration-related  
          practices.  Specifically,  this bill  :

          1)Includes in the definition of "unfair immigration-related  
            practice" the threatening to file or the filing of a false  
            report or complaint with any state or federal agency.

          2)Makes other technical and clarifying changes to existing law.

           FISCAL EFFECT  :   None

           COMMENTS  :   AB 263 (Roger Hernández) from 2013 prohibits an  
          employer or any other person from engaging in, or directing  
          another person to engage in, an unfair immigration-related  
          practice against a person for the purpose of, or with the intent  
          of, retaliating against any person for exercising a right  
          protected under state labor and employment laws or under a local  
          ordinance applicable to employees, as specified.  Existing law  
          defines unfair immigration-related practice to include, among  
          other things, threatening to file or filing a false police  
          report.  Existing law creates a rebuttable presumption that an  
          adverse action taken within 90 days of the exercising of a  
          protected right is committed for the purpose of, or with the  
          intent of, retaliation.  Existing law authorizes a civil action  
          for equitable relief and damages or penalties, as specified, by  
          an employee or other person who is the subject of an unfair  
          immigration-related practice.  Existing law also authorizes a  
          court to order the appropriate government agencies to suspend  
          certain business licenses held by the violating party for  
          prescribed periods based on the number of violations, and  
          requires the court to consider specified circumstances in  
          determining whether a suspension of all licenses is appropriate.

          This bill makes a number of clean-up changes to the provisions  
          of law enacted last year.








                                                                  AB 2751
                                                                  Page  2


          First, this bill includes in the definition of "unfair  
          immigration-related practice" the threatening to file or the  
          filing of a false report or complaint with any state or federal  
          agency.  In addition, this bill makes other technical and  
          clarifying changes to existing law that have been identified by  
          Legislative Counsel to clarify and streamline the provisions of  
          the law.

          In addition, the sponsors of AB 263 are currently engaged in  
          discussions with the California Chamber of Commerce and others  
          regarding other non-controversial changes to the law which will  
          clarify the intent of the legislation.  This bill will also  
          serve as a potential vehicle for the enactment of those  
          clarifications.





           REGISTERED SUPPORT / OPPOSITION  :   

           Support 
           
          California Rural Legal Assistance Foundation

           Opposition 
           
          None on file.
           

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