BILL ANALYSIS Ó
AB 583
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Date of Hearing: April 29, 2015
ASSEMBLY COMMITTEE ON APPROPRIATIONS
Jimmy Gomez, Chair
AB
583 (Chávez) - As Amended April 15, 2015
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| |Judiciary | |10 - 0 |
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Urgency: No State Mandated Local Program: YesReimbursable:
No
SUMMARY:
This bill extends employment protections to members of the
National Guard of any state who are called to military service
by their respective Governors or by the President of the United
AB 583
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States, and who have left a position in private employment in
California.
FISCAL EFFECT:
Potential minor reimbursable state mandated costs to a city
prosecutor to represent military personnel if an employer fails
to comply with the employment protections provided in this bill.
COMMENTS:
1)Purpose. According to the author, "Current state law protects
the employment of California National Guard members on state
active duty. This law only applies to members of the
California National Guard. Current state law does not protect
members of other-state National Guard units who work in
California and who are called to state active duty by their
home-state Governors."
"The Uniformed Services Employment and Reemployment Rights Act
(USERRA) does not apply when a National Guard member is called
up by their Governor to serve state active duty to respond to
state emergencies such as fires, hurricanes, tornadoes,
floods, etc."
"Unless state law covers the person who works in that state
but is assigned to another state's National Guard, they have
no reemployment rights after completing state active duty. AB
583 will provide employment protection to members of the
National Guard who work in California and are called up by
their Governor in another state."
AB 583
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This bill will only impact non-permanent residents who are
employed in California, but are members of the National Guard
of another state and are called to duty.
2)Background. Current law provides that whenever an officer or
enlisted member of the California National Guard leaves a
permanent position, or temporary position, in private
employment because he or she is required to undertake active
military duty in the service of the state under certain
circumstances, the officer or enlisted member is still
qualified to perform the duties of that position in private
employment after receiving a certificate of satisfactory
service in the California National Guard. Current law also
provides that when such an officer or enlisted member of the
California National Guard applies for reinstatement to his or
her permanent position in private employment within 40 days
after release from service, (or 5 days for a temporary
position, unless specific conditions apply), that the employer
consider him or her as on leave of absence during that period
and return the officer or enlisted member to the former
position or to a position of similar seniority, status, and
pay without loss of retirement or other benefits.
The USERRA is a federal law that establishes certain rights
and benefits for employees, and duties for employers. USERRA
affects employment, reemployment, and retention in employment,
when employees serve or have served in the uniformed services.
According to the Department of Defense, "USERRA is a federal
law intended to ensure that persons who serve or have served
in the [United States] Armed Forces, Reserves, National Guard
or other uniformed services: (1) are not disadvantaged in
their civilian careers because of their service; (2) are
promptly reemployed in their civilian jobs upon their return
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from duty; and (3) are not discriminated against in employment
based on past, present, or future military service."
Therefore, USERRA does not apply to members of state National
Guards, unless those troops are called to service by the
President of the United States.
Analysis Prepared by:Pedro R. Reyes / APPR. / (916)
319-2081