BILL ANALYSIS �
AB 2676
Page 1
Date of Hearing: April 18, 2012
ASSEMBLY COMMITTEE ON LABOR AND EMPLOYMENT
Sandre Swanson, Chair
AB 2676 (Labor Committee) - As Introduced: March 5, 2012
SUBJECT : Unemployment insurance: use of information.
SUMMARY : Requires the Employment Development Department (EDD)
to provide information to the Agricultural Labor Relations Board
(ALRB) for use in the investigation and enforcement of existing
law. Specifically, this bill requires the director of EDD to
provide the ALRB with any information in EDD's possession,
including, but not limited to, employee, wage and employer
information, for use in the investigation or enforcement of the
Agricultural Labor Relations Act (ALRA).
FISCAL EFFECT : Unknown
COMMENTS : In September 2010, the Assembly Committee on Labor
and Employment conducted an oversight hearing regarding the
ALRB. Specifically, the hearing focused on two cases (Ace
Tomato Company and San Joaquin Tomato Growers Inc.), which had
been pending since 1989. One of the reasons for delay in those
cases is that, despite the fact that a judgment and a makewhole
remedy had been issued to the workers, the ALRB had numerous
difficulties in determining a methodology for calculating the
makewhole relief, and calculating such backpay.
The EDD collects wage data and additional information that would
assist enforcement efforts and speed up the time it takes ALRB
employees to compute and disperse monetary remedies to
employees. EDD is currently prohibited from providing this
information by UI Code Sections 1094 and 1095, which prohibit
the release of information collected pursuant to administration
of the UI Code except to specified public agencies for specified
law enforcement purposes. Currently, the ALRB has to negotiate
a memorandum of understanding to receive very limited types of
data and is restricted by a confidentiality clause from
introducing it into evidence in hearings. This creates
unnecessary work for the ALRB's regional staff and causes
significant delays in enforcement. Similar departments already
have lawful access to this information. For example, the
Division of Labor Standards Enforcement (DLSE) has access to
otherwise confidential information to seek criminal, civil, or
AB 2676
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administrative remedies in connection with the failure to pay,
or the unlawful payment of, wages.
Therefore, allowing the ALRB access to wage and other
information may expedite its compliance activities. Other
potentially useful information may assist the ALRB during
elections in verifying the number of employees at peak
employment or determining the eligible employees for an
election. In light of the seven day timeframe for elections
following petitions, allowing the ALRB to independently verify
such information may improve the process for all parties.
Certain EDD information may also assist the ALRB in its
enforcement of unfair labor practice charges.
Some of the EDD reports that would be of assistance to the ALRB
may include, but not be limited to: DE1AG (Registration Form for
Agricultural Employer); DE6 - Quarterly Wage or Withholding
Report); DE24 (Change of Employer Account Information); DE542
(Report of Independent Contractors); and DE34 (Report of New
Employees).
This bill would address this problem by adding the ALRB to the
agencies listed in Unemployment Insurance Code section 1095 to
which EDD may release otherwise confidential information.
REGISTERED SUPPORT / OPPOSITION :
Support
American Federation of State, County and Municipal Employees
Opposition
None on file.
Analysis Prepared by : Ben Ebbink / L. & E. / (916) 319-2091