BILL ANALYSIS Ó AB 1509 Page 1 ASSEMBLY THIRD READING AB 1509 (Roger Hernández) As Amended April 27, 2015 Majority vote -------------------------------------------------------------------- |Committee |Votes |Ayes |Noes | |----------------+------+---------------------+----------------------| |Labor |5-2 |Roger Hernández, |Harper, Patterson | | | |Chu, Low, McCarty, | | | | |Thurmond | | | | | | | |----------------+------+---------------------+----------------------| |Appropriations |12-5 |Gomez, Bloom, Bonta, |Bigelow, Chang, | | | |Calderon, Daly, |Gallagher, Jones, | | | |Eggman, Eduardo |Wagner | | | |Garcia, Holden, | | | | |Quirk, Rendon, | | | | |Weber, Wood | | | | | | | | | | | | -------------------------------------------------------------------- SUMMARY: Revises various provisions of law related to employment retaliation. Specifically, this bill: 1)Provides that an employer, or a person acting on behalf of an employer, shall not retaliate against an employee because the employee is a family member of a person who has engaged in AB 1509 Page 2 protected activity under existing law. 2)Provides that "employer" for purposes of these employment retaliation provisions includes a "client employer" or a "controlling employer," as specified. 3)Provides that specified provisions of this bill do not apply to claims related to lawful conduct occurring during nonwork hours away from the employer's premises unless the conduct involves the exercise of employee rights otherwise covered under existing law. FISCAL EFFECT: According to the Assembly Appropriations Committee, this bill will result in administrative costs to the Department of Industrial Relations in the range of $110,000 to $120,000 (special funds) to process complaints. COMMENTS: According to the author, California law contains a strong public policy to protect employees from retaliation for exercising their rights. This is an acknowledgement of the fact that substantive labor and employment laws are meaningless if workers are reluctant to exercise their rights for fear of employer retaliation. According to the author, recent cases and examples highlight several major gaps in existing California statutes that prohibit retaliation against employees for engaging in protected activity. This bill will close those gaps in order to protect California workers. Supporters state that this bill will fill in the gaps in the law of retaliation by clarifying that existing prohibitions against retaliation apply to a "client employer" or a "controlling AB 1509 Page 3 employer." In addition, it will clarify that an employer cannot retaliate against a worker because that worker is related to another worker who engaged in protected activity. There is no opposition on file. Analysis Prepared by: Benjamin Ebbink / L. & E. / (916) 319-2091 FN: 0000269