BILL ANALYSIS Ó AB 2751 Page 1 CONCURRENCE IN SENATE AMENDMENTS AB 2751 (Roger Hernández) As Amended May 28, 2014 Majority vote ----------------------------------------------------------------- |ASSEMBLY: |54-19|(May 15, 2014) |SENATE: |27-1 |(June 19, | | | | | | |2014) | ----------------------------------------------------------------- Original Committee Reference: L. & E. SUMMARY : Makes clean-up changes to provisions of existing law enacted last year related to unfair immigration-related practices. The Senate amendments : 1)Specify that a $10,000 civil penalty for retaliation added last year to Labor Code Section 98.6 is to be awarded to the employee or employees who suffered the violation. 2)Clarify language enacted last year related to an employee's ability to update certain information applies to updates related to personal information "based on a lawful change of name, social security number, or federal employment authorization document." 3)Specifies that an employer's compliance with the aforementioned provision shall not serve as the basis for a claim of discrimination, including any disparate treatment claim. AS PASSED BY THE ASSEMBLY , this bill: 1)Included 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)Made other technical and clarifying changes to existing law. FISCAL EFFECT : None. This bill is keyed non-fiscal by the Legislative Counsel. AB 2751 Page 2 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 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. Second, this bill would clarify the language in Labor Code Section 1024.6 to clarify the meaning of an employee's ability to "update his or her personal information." Third, this bill would clarify that the $10,000 civil penalty added last year to Labor Code Section 98.6 for retaliation is payable to the aggrieved worker. Finally, this bill makes a number of clarifying and streamlining changes to the law that were identified by the Legislative Counsel. All of the aforementioned changes have been agreed to by the California Chamber of Commerce and the California Labor Federation. Analysis Prepared by : Ben Ebbink / L. & E. / (916) 319-2091 FN: 0003935 AB 2751 Page 3