BILL ANALYSIS Ó
AB 2751
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Date of Hearing: May 7, 2014
ASSEMBLY COMMITTEE ON LABOR AND EMPLOYMENT
Roger Hernández, Chair
AB 2751 (Roger Hernández) - As Amended: March 28, 2014
SUBJECT : Retaliation: unfair immigration-related practices:
suspension of business licenses.
SUMMARY : Makes clean-up changes to provisions of existing law
enacted last year related to unfair immigration-related
practices. Specifically, this bill :
1)Includes in the definition of "unfair immigration-related
practice" the threatening to file or the filing of a false
report or complaint with any state or federal agency.
2)Makes other technical and clarifying changes to existing law.
FISCAL EFFECT : None
COMMENTS : AB 263 (Roger Hernández) from 2013 prohibits an
employer or any other person from engaging in, or directing
another person to engage in, an unfair immigration-related
practice against a person for the purpose of, or with the intent
of, retaliating against any person for exercising a right
protected under state labor and employment laws or under a local
ordinance applicable to employees, as specified. Existing law
defines unfair immigration-related practice to include, among
other things, threatening to file or filing a false police
report. Existing law creates a rebuttable presumption that an
adverse action taken within 90 days of the exercising of a
protected right is committed for the purpose of, or with the
intent of, retaliation. Existing law authorizes a civil action
for equitable relief and damages or penalties, as specified, by
an employee or other person who is the subject of an unfair
immigration-related practice. Existing law also authorizes a
court to order the appropriate government agencies to suspend
certain business licenses held by the violating party for
prescribed periods based on the number of violations, and
requires the court to consider specified circumstances in
determining whether a suspension of all licenses is appropriate.
This bill makes a number of clean-up changes to the provisions
of law enacted last year.
AB 2751
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First, this bill includes in the definition of "unfair
immigration-related practice" the threatening to file or the
filing of a false report or complaint with any state or federal
agency. In addition, this bill makes other technical and
clarifying changes to existing law that have been identified by
Legislative Counsel to clarify and streamline the provisions of
the law.
In addition, the sponsors of AB 263 are currently engaged in
discussions with the California Chamber of Commerce and others
regarding other non-controversial changes to the law which will
clarify the intent of the legislation. This bill will also
serve as a potential vehicle for the enactment of those
clarifications.
REGISTERED SUPPORT / OPPOSITION :
Support
California Rural Legal Assistance Foundation
Opposition
None on file.
Analysis Prepared by : Ben Ebbink / L. & E. / (916) 319-2091