BILL ANALYSIS Ó AB 2751 Page 1 ASSEMBLY THIRD READING AB 2751 (Roger Hernández) As Amended March 28, 2014 Majority vote LABOR & EMPLOYMENT 5-1 ----------------------------------------------------------------- |Ayes:|Roger Hernández, Alejo, | | | | |Chau, Holden, | | | | |Ridley-Thomas | | | | | | | | |-----+--------------------------+-----+--------------------------| |Nays:|Grove | | | | | | | | ----------------------------------------------------------------- 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, when undertaken for specified retaliatory purposes. 2)Makes other technical and clarifying changes to existing law. FISCAL EFFECT : None. This bill is keyed non-fiscal by the Legislative Counsel. COMMENTS : AB 263 (Roger Hernández), Chapter 732, Statutes of 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 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 AB 2751 Page 2 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. 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 the 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. Analysis Prepared by : Ben Ebbink / L. & E. / (916) 319-2091 FN: 0003357