BILL ANALYSIS Ó
AB 2751
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CONCURRENCE IN SENATE AMENDMENTS
AB 2751 (Roger Hernández)
As Amended May 28, 2014
Majority vote
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|ASSEMBLY: |54-19|(May 15, 2014) |SENATE: |27-1 |(June 19, |
| | | | | |2014) |
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Original Committee Reference: L. & E.
SUMMARY : Makes clean-up changes to provisions of existing law
enacted last year related to unfair immigration-related
practices.
The Senate amendments :
1)Specify that a $10,000 civil penalty for retaliation added
last year to Labor Code Section 98.6 is to be awarded to the
employee or employees who suffered the violation.
2)Clarify language enacted last year related to an employee's
ability to update certain information applies to updates
related to personal information "based on a lawful change of
name, social security number, or federal employment
authorization document."
3)Specifies that an employer's compliance with the
aforementioned provision shall not serve as the basis for a
claim of discrimination, including any disparate treatment
claim.
AS PASSED BY THE ASSEMBLY , this bill:
1)Included 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)Made other technical and clarifying changes to existing law.
FISCAL EFFECT : None. This bill is keyed non-fiscal by the
Legislative Counsel.
AB 2751
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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
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. Second, this bill would clarify the language in Labor
Code Section 1024.6 to clarify the meaning of an employee's
ability to "update his or her personal information." Third,
this bill would clarify that the $10,000 civil penalty added
last year to Labor Code Section 98.6 for retaliation is payable
to the aggrieved worker.
Finally, this bill makes a number of clarifying and streamlining
changes to the law that were identified by the Legislative
Counsel.
All of the aforementioned changes have been agreed to by the
California Chamber of Commerce and the California Labor
Federation.
Analysis Prepared by : Ben Ebbink / L. & E. / (916) 319-2091
FN: 0003935
AB 2751
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