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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          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  








                                                                     AB 583


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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