BILL ANALYSIS                                                                                                                                                                                                    



                                                                     AB 897


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          CONCURRENCE IN SENATE AMENDMENTS


          AB  
          897 (Gonzalez)


          As Amended  August 20, 2015


          Majority vote


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          |ASSEMBLY:  | 76-0 | (May 26,      |SENATE: |24-10 | (August 31,     |
          |           |      |2015)          |        |      |2015)            |
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          |           |      |               |        |      |                 |
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          Original Committee Reference:  JUD.


          SUMMARY:  Enacts amendments related to recently-enacted  
          legislation related to grocery worker retention to specify that  
          the law does not include a retail store that has ceased  
          operations for six months or more.


          The Senate amendments delete the contents of this bill and  
          instead provide that, with respect to recently-enacted  
          legislation relating to grocery worker retention, the definition  
          of "grocery establishment" does not include a retail store that  
          has ceased operations for six months or more.


          FISCAL EFFECT:  Unknown.  This bill is keyed non-fiscal by the  
          Legislative Counsel.


          COMMENTS:  As passed by the Assembly, this bill made changes to  








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          the rules governing retention of court files involving certain  
          misdemeanor traffic offenses.  However, Senate amendments delete  
          the contents of this bill and instead make a change to  
          recently-enacted legislation related to grocery worker  
          retention, in response to the Governor's signing message.


          Earlier this year, the Legislature passed and the Governor  
          signed AB 359 (Gonzalez), Chapter 212, Statutes of 2015.


          AB 359 established a worker retention requirement upon a change  
          in control of a grocery establishment that requires an incumbent  
          employer to prepare a list of specified eligible grocery workers  
          for a successor grocery employer, and requires the successor  
          grocery employer to hire from this list during a 90-day  
          transition period.  AB 359 required the successor grocery  
          employer to retain eligible grocery workers for a 90-day period,  
          prohibited the successor grocery employer from discharging those  
          workers without cause during that period, and, upon the close of  
          that period, required the successor grocery employer to consider  
          offering continued employment to those workers.


          AB 359 was signed by Governor Brown on August 17, 2015, and will  
          go into effect on January 1, 2016.  However, the Governor's  
          signature was accompanied by a signing message that stated:


               I am signing Assembly Bill 359, which would require  
               a successor grocery employer to retain eligible  
               grocery workers for a 90-day transitional period  
               and, upon completion of that period, require the  
               successor grocery employer to consider offering  
               continued employment to those workers.


               As drafted, the bill is not clear how the provisions  
               apply if an incumbent grocery employer has ceased  
               operations.  The author and the sponsors have  
               committed to clarify the law would not apply to a  
               grocery store that has ceased operations for six  








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               months or more.  I look forward to receiving that  
               fix before the end of this legislative session.


          Therefore, in response to the Governor's signing message, this  
          bill provides that a "grocery establishment" for purposes of the  
          new law does not include a retail store that has ceased  
          operations for six months or more.


          Analysis Prepared by:                                             
                          Benjamin Ebbink / L. & E. / (916) 319-2091  FN:  
          0001542