BILL ANALYSIS                                                                                                                                                                                                    Ó



                                                                  AB 2751
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          CONCURRENCE IN SENATE AMENDMENTS
          AB 2751 (Roger Hernández)
          As Amended  May 28, 2014
          Majority vote
           
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          |ASSEMBLY:  |54-19|(May 15, 2014)  |SENATE: |27-1 |(June 19,      |
          |           |     |                |        |     |2014)          |
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           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
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           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 


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