BILL NUMBER: AB 669 AMENDED
BILL TEXT
AMENDED IN ASSEMBLY APRIL 20, 2015
AMENDED IN ASSEMBLY APRIL 14, 2015
INTRODUCED BY Assembly Member Daly
FEBRUARY 25, 2015
An act to amend Section 1182.12 of the Labor Code,
3306 of the Unemployment Insurance Code,
relating to minimum wage. unemployment
insurance.
LEGISLATIVE COUNSEL'S DIGEST
AB 669, as amended, Daly. Minimum wage: qualifying tipped
employees. Unemployment and disability compensation:
family temporary disability insurance.
Under existing law, the family temporary disability insurance
program provides up to 6 weeks of wage replacement benefits to
workers who take time off work to care for a seriously ill child,
spouse, parent, domestic partner, or to bond with a new child.
Existing law also requires that an individual claiming disability
benefits establish medical eligibility by filing a claim supported by
a certificate of a treating physician or practitioner that
establishes, among other things, the condition of the family member.
Existing law authorizes the Director of Employment Development to
require the care recipient to submit to reasonable examinations for
the purpose of determining whether a serious health condition exists
and the necessity and duration of the worker's care of the recipient.
This bill would require the director, prior to ordering an
additional examination, to review all available medical records of
the recipient to determine whether an additional examination is
necessary if the care recipient's personal physician has examined the
recipient within the previous 60 days and states that an additional
examination would constitute a hardship for the recipient.
Existing law requires that, on and after July 1, 2014, the minimum
wage for all industries be not less than $9 per hour. Existing law
further requires that on and after January 1, 2016, the minimum wage
for all industries be not less than $10 per hour.
This bill would establish the minimum wage for a qualifying tipped
employee, on and after January 1, 2016, at $10 per hour. The bill
would define "qualifying tipped employee" to mean an employee who
regularly receives income from wages at a rate equal to at least 150%
of the minimum wage, as described. The bill would define "wages" for
these purposes to mean all remuneration for services performed by an
employee for his or her employer, including tips received by an
employee in the course of his or her employment.
The bill would require an employer, if in any month a qualifying
tipped employee receives income from wages at a rate of less than
150% of the minimum wage, as described, to pay the qualifying tipped
employee an amount equal to the difference, if any, between the
minimum wage per hour for qualifying tipped employees and the minimum
wage per hour for all other employees, multiplied by the total
number of hours worked by the qualifying tipped employee during that
month. The bill would require an employer, if it elects to pay its
qualifying tipped employees the minimum wage for qualifying tipped
employees rather than the minimum wage for all other employees, to
pay all other employees a minimum wage equal to 110% of the minimum
wage for all other employees or 110% of the applicable local minimum
wage, whichever is greater. The bill would also exempt an employer
from paying a qualifying tipped employee a minimum wage established
by a local ordinance that is greater then the minimum wage required
for all other employees if the qualifying tipped employee is
guaranteed an hourly rate of compensation by his or her employer, in
each pay period, from wages that equal or exceed 150% of the minimum
wage established by that local ordinance.
Vote: majority. Appropriation: no. Fiscal committee: yes.
State-mandated local program: no.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. Section 3306 of the
Unemployment Insurance Code is amended to read:
3306. (a) The director may request additional medical evidence to
supplement the first or any continued claim if the additional
evidence can be procured without additional cost to the care
recipient. The director may require that the additional evidence
include any or all of the following information:
(1) Identification of diagnoses.
(2) Identification of symptoms.
(3) A statement setting forth the facts of the care recipient's
serious health condition that warrants the participation of the
employee. The statement shall be completed by any of the following
people:
(A) The physician or practitioner treating the care recipient.
(B) The registrar, authorized medical officer, or other duly
authorized official of the hospital or health facility treating the
care recipient.
(C) An examining physician or other representative of the
department.
(b) Except as provided in Section 2709, the director may require
the care recipient to submit to reasonable examinations for the
purpose of determining all of the following:
(1) Whether a serious health condition exists.
(2) Whether a care provider's participation is warranted.
(3) The period of time that the care provider's participation is
warranted.
(c) Notwithstanding subdivision (b), if the personal physician of
the care recipient certifies to the director that the physician has
personally examined the care recipient within the previous 60 days,
and the additional examination proposed by the director would present
a hardship on the care recipient, then the director, prior to
issuing a final notice requiring the additional examination, shall
examine all available medical records to determine if the additional
examination is necessary.
SECTION 1. Section 1182.12 of the Labor Code is
amended to read:
1182.12. (a) Notwithstanding any other provision of this part, on
and after July 1, 2014, the minimum wage for all industries shall be
not less than nine dollars ($9) per hour, and on and after January
1, 2016, the minimum wage for all industries shall be not less than
ten dollars ($10) per hour.
(b) Notwithstanding subdivision (a), on and after January 1, 2016,
the minimum wage for a qualifying tipped employee shall be ten
dollars ($10) per hour.
(c) "Qualifying tipped employee" means an employee who regularly
receives income from wages at a rate equal to at least 150 percent of
the minimum wage required by subdivision (a).
(d) A qualifying tipped employee regularly receives income at an
hourly rate equal to at least 150 percent of the minimum wage
required by subdivision (a) if the qualifying tipped employee's total
wages divided by total hours worked equals or exceeds 150 percent of
the minimum wage required by subdivision (a) in each of the two pay
periods preceding the current pay period.
(e) If, in any month, a qualifying tipped employee receives income
at a rate of less than 150 percent of the minimum wage required by
subdivision (a), the employer shall pay the qualifying tipped
employee an amount equal to the difference, if any, between the
minimum wage required by subdivision (b) and the minimum wage for all
other employees, as required by subdivision (a), multiplied by the
total number of hours worked by the qualifying tipped employee during
that month.
(f) If an employer elects to pay its qualifying tipped employees
the minimum wage in subdivision (b) rather than the minimum wage in
subdivision (a), the employer shall pay all other employees a minimum
wage equal to 110 percent of the minimum wage in subdivision (a) or
110 percent of the applicable local minimum wage, whichever is
greater.
(g) A local ordinance establishing a minimum wage in excess of the
amount required by subdivision (a) shall not apply to a qualifying
tipped employee guaranteed an hourly rate of compensation by his or
her employer, in each pay period, from wages that equal or exceed 150
percent of the amount required by that local ordinance.
(h) For purposes of this section, the term "wages" shall have the
meaning set forth in Section 13009 of the Unemployment Insurance
Code.