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