BILL ANALYSIS Ó
AB 2261
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Date of Hearing: May 18, 2016
ASSEMBLY COMMITTEE ON APPROPRIATIONS
Lorena Gonzalez, Chair
AB
2261 (Roger Hernández) - As Introduced February 18, 2016
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|Policy |Labor and Employment |Vote:|5 - 2 |
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Urgency: No State Mandated Local Program: NoReimbursable: No
SUMMARY:
This bill authorizes the Division of Labor Standards Enforcement
(DLSE), in addition to receiving employee complaints for
retaliation, to commence an investigation, issue a citation, or
bring an action against an employer who discharges or otherwise
discriminates against an individual in violation of any law
under the jurisdiction of the Labor Commissioner, with or
without receiving a complaint from an employee.
FISCAL EFFECT:
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Minor/absorbable costs to the Department of Industrial
Relations.
COMMENTS:
1)Purpose. Current law prohibits an employer from discharging,
discriminating or retaliating against an employee for engaging
in protected activities, such as whistleblower activities, or
for filing a claim related to his or her rights that are under
the jurisdiction of the Labor Commissioner. Any person who
believes that he or she has been discharged or otherwise
discriminated against can pursue civil action or file an
administrative claim with the Labor Commissioner. The Labor
Commissioner, however, currently lacks the authority to file
an independent citation alleging that an employer has
unlawfully retaliated against an employee or employees, even
if the Labor Commissioner, for example, comes across evidence
of retaliation during an investigation by the Bureau of Field
Enforcement (BOFE).
This bill, sponsored by the California Labor Federation,
AFL-CIO, protects many workers who never make complaints,
often because they fear retaliation by their employer. For
example, a National Employment Law Project (NELP) study of
immigrant hotel workers found that only 20% of those who had
experienced work-related pain had filed workers' compensation
claims for fear of getting "in trouble" or being fired. The
sponsor states that this bill will strengthen the ability of
the Labor Commissioner to enforce retaliation laws and will
increase protection for the most vulnerable in California's
workforce.
2)Background. In 2014, the Labor Commissioner's Retaliation
Complaints Investigation (RCI) unit accepted complaints
alleging violations of 23 of the 45 laws relating to
retaliation. Of the 3,800 complaints received that year, the
unit accepted 1,874 for investigation. The others were
rejected because they were deemed to be outside of the
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jurisdiction of the Labor Commissioner. Cases accepted by the
RCI unit have increased by 48 percent from 2011 to 2014. In
acknowledgement of the increase in retaliation claims, the
Governor's current budget proposal requests 19.5 additional
positions for the Labor Commissioner's Retaliation Complaints
Investigation (RCI) unit. The Assembly budget subcommittee
approved this request on April 12, 2016.
3)Opposition. Opposition, including the California Chamber of
Commerce, are concerned the bill eliminates existing
procedures and time limitations set forth in existing law
relative to retaliation claims. They are concerned the bill
subjects employers to a constant threat of citation,
investigation or litigation for alleged discrimination and
retaliation.
Analysis Prepared by:Misty Feusahrens / APPR. / (916)
319-2081