BILL ANALYSIS Ó AB 583 Page 1 Date of Hearing: April 29, 2015 ASSEMBLY COMMITTEE ON APPROPRIATIONS Jimmy Gomez, Chair AB 583 (Chávez) - As Amended April 15, 2015 ----------------------------------------------------------------- |Policy |Veterans Affairs |Vote:|9 - 0 | |Committee: | | | | | | | | | | | | | | |-------------+-------------------------------+-----+-------------| | |Judiciary | |10 - 0 | | | | | | | | | | | |-------------+-------------------------------+-----+-------------| | | | | | | | | | | | | | | | ----------------------------------------------------------------- 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 Page 2 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 Page 3 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 Page 4 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