BILL ANALYSIS Ó
AB 1509
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CONCURRENCE IN SENATE AMENDMENTS
AB
1509 (Roger Hernández)
As Amended August 31, 2015
Majority vote
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|ASSEMBLY: |54-26 |(May 14, 2015) |SENATE: |27-13 |(September 2, |
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Original Committee Reference: L. & E.
SUMMARY: Revises various provisions of law related to
employment retaliation.
The Senate amendments add language to provide that legislation
enacted last year (AB 1897 (Roger Hernández), Chapter 728,
Statutes of 2014) shall not be interpreted to impose liability
on a client employer that is a household goods carrier under
specified circumstances.
FISCAL EFFECT: According to the Senate Appropriations
Committee, the Department of Industrial Relations (DIR)
indicates that it would incur administrative costs (special
funds) of $120,000 in the first year, and $112,000 ongoing to
implement the provisions of the bill.
AB 1509
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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
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.
Senate amendments add language related to AB 1897. Enacted last
year, AB 1897 contained a limited exemption for certain
subcontracting work performed by "motor carriers," as specified.
It was assumed that this exemption also applied to certain
"household goods carriers." However, those entities are
regulated by a different code section than "motor carriers."
Therefore, the amendments to this bill clarify that the same
limited exemption applies to certain work performed by
"household goods carriers," and cross-references the appropriate
statutory citation.
There is no opposition on file.
Analysis Prepared by:
Ben Ebbink / L. & E. / (916) 319-2091 FN:
0001757
AB 1509
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