Existing workers' compensation law requires employers to secure the payment of workers' compensation, including medical treatment, for injuries incurred by their employees that arise out of, or in the course of, employment. This bill would, for purposes of these provisions, require that these employees be employed on a regular, or full-time basis, but would eliminate the requirement that these employees be members of the Public Employees' Retirement System or the Los Angeles City Employees' Retirement System or subject to the County Employees' Retirement Law of 1937. The bill would also include local park rangers, community college police, and police of a school district among the public employees entitled to the above-described leave of absence. The bill would provide that the provisions pertaining to a leave of absence shall not apply to certain public safety personnel who are employees of the City and County of San Francisco. This bill contains other existing laws.

Existing law contains provisions that define unlawful discrimination and employment practices and establish procedures for an employee who has suffered discrimination or other unlawful practices, as defined, to file a complaint with the Fair Employment and Housing Department, or under certain circumstances, to bring a civil action against his or her employer. This bill would state the intent of the Legislature to clarify the meaning and effect of state laws regarding statutes of limitation by rejecting the interpretation given to federal law by a specified United States Supreme Court case.
EG Notes: Oppose

Existing law provides that an individual is considered "unemployed" for the purpose of eligibility for unemployment compensation benefits if, for any week of less than full-time work, the wages payable to the individual for that week, when reduced by $25 or 25% of the wages payable, whichever is greater, do not equal or exceed the individual's unemployment weekly benefit amount. Existing law provides for the calculation of unemployment benefits. This bill would provide that an individual who has been laid off from his or her most recent work, or is unable to commence work at his or her regular or seasonal workplace, as a direct result of the drought conditions in June 2008, as specified, shall be considered "unemployed" for the purpose of eligibility for unemployment compensation benefits if the individual worked or was scheduled to commence work in a county specifically designated by the Governor as being in a state of emergency, as provided, and for any week of less than full-time work, the wages payable to the individual for that week, when reduced by $200, do not equal or exceed the individual's unemployment weekly benefit amount. This bill would require the payment of unemployment compensation to an individual under these circumstances in a weekly amount equal to his or her weekly benefit amount less the amount of wages in excess of $200 payable for that week, with benefits subject to the regular one-week waiting period. This bill contains other related provisions and other existing laws.

Existing law requires peace officers to meet specified minimum standards, including being of good moral character, as determined by a thorough background investigation. This bill would provide that the collection of nonmedical and nonpsychological information , in accordance with a thorough background investigation required of all peace officers, may be deferred until after a conditional offer of employment is issued if the employer can demonstrate that the nonmedical and nonpsychological information could not reasonably have been collected prior to issuing the employment offer. This bill contains other existing laws.

Existing law establishes a workers' compensation system, administered by the Administrative Director of the Division of Workers' Compensation, to compensate an employee for injuries sustained in the course of his or her employment, and requires an employer to provide, or pay for all reasonable costs of, medical services necessary to care for, or relieve work-related injuries. Existing law defines an "employee" for purposes of those provisions to include, among other persons, all officers and members of boards of directors of quasi-public or private corporations while rendering actual service for the corporations for pay, except that when the officers and directors of the private corporation are the sole shareholders of the corporation, the corporation and the officers and directors shall come under the workers' compensation laws only by election, as provided. This bill would provide that it is the burden of the private corporation to establish that the employee was properly excluded, as specified. It would also require a corporation with excluded employees who are not substantial shareholders to file an annual report with the Department of Industrial Relations that lists specified information . This bill contains other related provisions and other existing laws.

Existing law establishes a workers' compensation system, administered by the Administrative Director of the Division of Workers' Compensation, to compensate an employee for injuries sustained in the course of his or her employment. This bill would, instead, require an insured employer to file the report with the insurer on a form prescribed by the Administrative Director of the Division of Workers' Compensation. This bill would require a self-insured employer, the state, or the insurer of an insured employer to file the report in an electronic form prescribed for that purpose by the administrative director . The bill would provide that these changes shall become effective upon the effective date of regulations adopted by the administrative director to implement these changes, subject to specified conditions. This bill contains other existing laws.

Existing law, the Compassionate Use Act of 1996, provides that a patient or a patient's primary caregiver who possesses or cultivates marijuana for personal medical purposes of the patient upon the written or oral recommendation or approval of a physician is not subject to conviction for offenses relating to possession and cultivation of marijuana. This bill, notwithstanding existing law, would declare it unlawful for an employer to discriminate against a person in hiring, termination, or any term or condition of employment or otherwise penalize a person, if the discrimination is based upon the person's status as a qualified patient or a positive drug test for marijuana, except as specified. The bill would authorize a person who has suffered discrimination in violation of the bill to institute and prosecute a civil action for damages, injunctive relief, reasonable attorney's fees and costs, any other appropriate equitable relief, as specified , and any other relief the court may deem proper . The bill would provide that it would not prohibit an employer from terminating the employment of, or taking other corrective action against, an employee who is impaired on the property or premises of the place of employment, or during the hours of employment, because of the medical use of marijuana. This bill contains other existing laws.

Existing law provides for the establishment of employment training programs, and specifies those individuals that qualify as "eligible participants" in training programs. This bill would revise the definition of an eligible participant in training programs, as provided. This bill contains other related provisions and other existing laws.

Under the California Civil Rights Act of 2005, all persons within the jurisdiction of this state have the right to be free from violence, or intimidation by threat of violence, committed against their persons or property because of any specified characteristic or affiliation, including political affiliation, position in a labor dispute, disability, medical condition, sex, race, color, religion, marital status, ancestry, or national origin. The California Fair Employment and Housing Act limits the total amount of actual damages that the California Fair Employment and Housing Commission may assess against a respondent for a violation of the California Civil Rights Act of 2005, per aggrieved person, to $150,000. This bill would delete the $150,000 limitation on actual damages that may be assessed by the California Fair Employment and Housing Commission against a respondent who violates the California Civil Rights Act of 2005, as an unlawful practice.

The federal Fair Credit Reporting Act (FCRA) and the state Consumer Credit Reporting Agencies Act define and regulate consumer credit reports and authorize the use of consumer credit reports for employment purposes, pursuant to specified requirements. The FCRA provides that it does not preempt state law, except as specifically provided or to the extent that state laws are inconsistent with its provisions. This bill would prohibit the user of a consumer credit report, with the exception of certain financial institutions, from obtaining a consumer credit report for employment purposes unless the information is (1) substantially job related, meaning that the information in the consumer credit report relates to the position for which the person who is the subject of the report is being evaluated because the position is a highly compensated or managerial one, the position is a city, county, or both city and county position in which the employee holding the position has access to money, other assets, o r confidential information, or the report as procured as part of a background check for a sworn peace officer or other law enforcement position in which there is access to cash, assets, or confidential financial information , or (2) required by law to be disclosed to or obtained by the user of the report. The bill also would extend the exemption from liability for the maintenance of reasonable procedures to ensure compliance with the provisions specified in state law to encompass the new prohibition. This bill contains other existing laws.

Existing law provides, until January 1, 2010, for retraining benefits for individuals receiving unemployment compensation benefits, who meet certain eligibility criteria, including those federally funded benefits available to individuals pursuant to the federal Trade Act of 1974, as amended (19 U.S.C. Sec. 2101 et seq.). This bill would instead provide that retraining benefits would include federally funded benefits available to individuals pursuant to the federal Trade Act of 1974, as amended by the federal Trade Act of 2002 (Public Law 107-210), would change the January 1, 2010, sunset date, thereby extending the operation of the retraining benefits provisions until January 1, 2015, and would make technical changes to those provisions.

Under existing law, an employer may not terminate an employee because garnishment of an employee's wages has been threatened or an employee's wages have been subjected to garnishment for the payment of one judgment. This bill would prohibit an employer from terminating an employee because garnishment of the employee's wages has been threatened or the employee's wages have been subjected to garnishment.

Existing law provides that an employer may not ask an applicant for employment to disclose, and an employer may not utilize in an employment-related decision, information concerning an arrest or detention that did not result in a conviction or information concerning participation in a pretrial or posttrial diversion program. This bill, in addition, would prohibit an employer from asking an applicant for employment to disclose, or utilizing in an employment-related decision, information concerning a criminal conviction the record of which has been judicially ordered sealed, expunged, or statutorily eradicated, or information concerning a misdemeanor conviction for which probation has been successfully completed or otherwise discharged and the case has been judicially dismissed. This bill contains other related provisions and other existing laws.

This measure would encourage the United States Congress to pass legislation extending federal unemployment benefits.