BILL ANALYSIS Ó
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|SENATE RULES COMMITTEE | SB 1314|
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UNFINISHED BUSINESS
Bill No: SB 1314
Author: Monning (D)
Amended: 6/19/14
Vote: 21
SENATE LABOR & INDUSTRIAL RELATIONS COMMITTEE : 5-0, 4/24/14
AYES: Hueso, Wyland, Leno, Padilla, Mitchell
SENATE APPROPRIATIONS COMMITTEE : Senate Rule 28.8
SENATE FLOOR : 36-0, 5/15/14 (Consent)
AYES: Anderson, Beall, Berryhill, Block, Cannella, Corbett,
Correa, De León, DeSaulnier, Evans, Fuller, Gaines, Galgiani,
Hancock, Hernandez, Hill, Hueso, Huff, Jackson, Knight, Lara,
Leno, Lieu, Liu, Mitchell, Monning, Morrell, Nielsen, Padilla,
Pavley, Roth, Steinberg, Torres, Vidak, Wolk, Wyland
NO VOTE RECORDED: Calderon, Walters, Wright, Yee
ASSEMBLY FLOOR : 78-0, 8/20/14 - See last page for vote
SUBJECT : Unemployment insurance benefits: determination:
appeals
SOURCE : Author
DIGEST : This bill extends the deadline for claimants and
employers to appeal for unemployment benefits eligibility, as
specified, to an administrative law judge (ALJ) and to the
California Unemployment Insurance Appeals Board (CUIAB) from 20
to 30 days.
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Assembly Amendments delay implantation of this bill to July 1,
2015, and make technical and clarifying changes.
ANALYSIS : Existing law states that that the Employment
Development Department (EDD) considers the facts submitted by an
employer to make a determination as to the claimant's
eligibility for unemployment compensation benefits.
Existing law states that if after the notice of determination
the employer acquires knowledge of facts that may affect the
eligibility of the claimant, the employer shall submit the
acquired facts within 10 days to EDD.
Existing law authorizes an appeal of a determination or
reconsidered determination to an ALJ within 20 days from mailing
or personal service of notice of the determination.
Existing law requires an ALJ to affirm, reverse, modify, or set
aside an appeal of a determination of eligibility for benefits
and requires the ALJ to notify certain parties of the decision,
as specified.
Under existing law, the CUIAB is an independent administrative
court system for workers and employers seeking to challenge
decisions made by EDD regarding benefits for unemployment
insurance or disability insurance. Appeals are the first
opportunity for all parties to present evidence before an ALJ,
and have that ALJ decide the case. The ALJ's decision may be
appealed to a seven-member Board appointed by the Governor and
the Legislature. The CUIAB's decision is final, unless
overturned by the California Superior Court.
Existing law further states that the ALJ's decision becomes
final unless a further appeal is initiated to the CUIAB within
20 days.
This bill extends the deadline for claimants and employers to
appeal for unemployment benefits eligibility, as specified, to
an ALJ and to the CUIAB from 20 to 30 days, on or before July 1,
2015.
FISCAL EFFECT : Appropriation: No Fiscal Com.: Yes
Local: No
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SUPPORT : (Verified 8/20/14)
American Federation of State, County and Municipal Employees
California Association for Health Services at Home
California Labor Federation
The Legal Aid Society - Employment Law Center
ARGUMENTS IN SUPPORT : According to the author's office, this
bill was prompted by constituent concerns with the deadline for
submitting an eligibility determination appeal. The author's
district office received calls from constituents needing more
time before submitting an appeal due to their need to seek
assistance from an interpreter or professional/legal counsel.
The author contends that this bill extends the deadline to
appeal an eligibility determination from 20 days to 30 days,
which provides claimants with more time in case they need
additional help.
Proponents, such as the California Association for Health
Services at Home, argue that this bill provides a much needed
reprieve for employers by extending the time frame for appealing
unemployment insurance determinations to 30 days. They argue
that the extra ten days provides more time for employers to
provide a clear understanding of the causes for the employee's
termination, which is especially beneficial to small businesses
struggling to keep up with regulatory obligations.
ASSEMBLY FLOOR : 78-0, 8/20/14
AYES: Achadjian, Alejo, Allen, Ammiano, Bigelow, Bloom,
Bocanegra, Bonilla, Bonta, Bradford, Brown, Buchanan, Ian
Calderon, Campos, Chau, Chávez, Chesbro, Conway, Cooley,
Dababneh, Dahle, Daly, Dickinson, Donnelly, Eggman, Fong, Fox,
Frazier, Beth Gaines, Garcia, Gatto, Gomez, Gonzalez, Gordon,
Gorell, Gray, Hagman, Hall, Harkey, Roger Hernández, Holden,
Jones, Jones-Sawyer, Levine, Linder, Logue, Lowenthal,
Maienschein, Mansoor, Medina, Melendez, Mullin, Muratsuchi,
Nazarian, Nestande, Olsen, Pan, Patterson, Perea, John A.
Pérez, V. Manuel Pérez, Quirk, Quirk-Silva, Rendon,
Ridley-Thomas, Rodriguez, Salas, Skinner, Stone, Ting, Wagner,
Waldron, Weber, Wieckowski, Wilk, Williams, Yamada, Atkins
NO VOTE RECORDED: Grove, Vacancy
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PQ:nl 8/20/14 Senate Floor Analyses
SUPPORT/OPPOSITION: SEE ABOVE
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