BILL ANALYSIS Ó AB 1509 Page 1 CONCURRENCE IN SENATE AMENDMENTS AB 1509 (Roger Hernández) As Amended August 31, 2015 Majority vote -------------------------------------------------------------------- |ASSEMBLY: |54-26 |(May 14, 2015) |SENATE: |27-13 |(September 2, | | | | | | |2015) | | | | | | | | | | | | | | | -------------------------------------------------------------------- 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 Page 2 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 Page 3