BILL ANALYSIS Ó
AB 2751
Page 1
ASSEMBLY THIRD READING
AB 2751 (Roger Hernández)
As Amended March 28, 2014
Majority vote
LABOR & EMPLOYMENT 5-1
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|Ayes:|Roger Hernández, Alejo, | | |
| |Chau, Holden, | | |
| |Ridley-Thomas | | |
| | | | |
|-----+--------------------------+-----+--------------------------|
|Nays:|Grove | | |
| | | | |
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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, when
undertaken for specified retaliatory purposes.
2)Makes other technical and clarifying changes to existing law.
FISCAL EFFECT : None. This bill is keyed non-fiscal by the
Legislative Counsel.
COMMENTS : AB 263 (Roger Hernández), Chapter 732, Statutes of
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 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
AB 2751
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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.
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
the 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.
Analysis Prepared by : Ben Ebbink / L. & E. / (916) 319-2091
FN: 0003357