BILL ANALYSIS �
AB 2676
Page 1
ASSEMBLY THIRD READING
AB 2676 (Labor and Employment Committee)
As Introduced March 5, 2012
Majority vote
LABOR & EMPLOYMENT 6-0 APPROPRIATIONS 12-5
-----------------------------------------------------------------
|Ayes:|Swanson, Morrell, Alejo, |Ayes:|Fuentes, Blumenfield, |
| |Bonnie Lowenthal, Gorell, | |Bradford, Charles |
| |Yamada | |Calderon, Campos, Davis, |
| | | |Gatto, Ammiano, Hill, |
| | | |Lara, Mitchell, Solorio |
| | | | |
|-----+--------------------------+-----+--------------------------|
| | |Nays:|Harkey, Donnelly, |
| | | |Nielsen, Norby, Wagner |
-----------------------------------------------------------------
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 : According to the Assembly Appropriations
Committee, this bill will result in minor and absorbable costs
to EDD.
COMMENTS : In September 2010, the Assembly Labor and Employment
Committee 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
AB 2676
Page 2
employees to compute and disperse monetary remedies to
employees. EDD is currently prohibited from providing this
information by Unemployment Insurance (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 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 UI Code Section 1095 to which EDD may release
otherwise confidential information.
Analysis Prepared by : Ben Ebbink / L. & E. / (916) 319-2091
AB 2676
Page 3
FN: 0003762