LABOR AND EMPLOYMENT ISSUES
CSBA calls for parity in balancing labor issues between the needs of employee and the employer. Targeted issues are independent contractor rules and definitions; living, prevailing and minimum wages; flex work plans including 40 hour overtime, unemployment insurance increase and workplace issues of frivolous lawsuits and punitive employer laws. Mandated employee benefits are detrimental to job creation. The underground economy is a major threat to job creation and a level playing field.
2017 Legislative Bills
|Bill||CSBA POSITION||House of Origin||Second House||Governor|
Employers: Opportunity to Work Act.
|AB 28/AB 429/SB 524|
Good faith defense.
Disabled persons: rights: liability.
Employers: salary information.
Public works: private residential projects.
Employment discrimination: prior criminal history.
Employment: work hours: holiday season: overtime.
Investigate allegation of violation before civil action.
|SB 62/SB 63|
Unlawful employment: family care and medical leave & parental leave.
|KEY: = PASSED X = UNDER CONSIDERATION = DIED / FAILED PASSAGE Date - Hearing|
- AB 5- This bill would create the Opportunity to Work Act. The bill would require an employer with 10 or more employees to offer additional hours of work to an existing nonexempt employee before hiring an additional employee or subcontractor, except as specified, would require an employer to post a notice of employee rights, as specified, and would require the employer to maintain certain documentation. Oppose
- AB28/AB429/SB524 -Employment: violations: good faith defense. Support
- AB 150 - This bill would establish notice requirements for a plaintiff to follow before bringing an action against a small business, as defined, for an alleged violation of the Americans with Disabilities Act of 1990 (ADA). The bill would require the plaintiff to provide notice to a business at least 6 months before filing the complaint. Support
- AB168 - This bill would prohibit an employer, including state and local government employers, from seeking salary history information about an applicant for employment, except as otherwise provided. Oppose
- AB199 - This bill would instead require private residential projects built on private property that are built pursuant to an agreement with the state or a political subdivision to meet the requirements for projects that are defined as “public works,” thus expanding the types of projects that must meet these requirements. Oppose
- AB1008 - This bill would provide it is an unlawful employment practice for an employer to include on any application for employment any question that seeks the disclosure of an applicant’s criminal history, to inquire into or consider the conviction history of an applicant until that applicant has received a conditional offer, and, when conducting a conviction history background check, to consider, distribute, or disseminate specified information related to prior criminal convictions, except as provided. Oppose
- AB1099 - This bill would also require an employer that permits a patron to pay for services performed by an employee by debit or credit card to also accept a debit or credit card for payment of gratuity. The bill would require payment of a gratuity made by a patron using a credit card to be made to the employee not later than the next regular payday following the date the patron authorized the credit card payment. Watch
- AB1173 - This bill would establish an overtime exemption for an employee-selected holiday season flexible work schedule. The exemption would allow during the holiday season, as defined, at the request of an individual nonexempt employee working in the retail industry, and upon employer approval, an employee-selected flexible work schedule providing for workdays up to 10 hours per day within a 40-hour workweek. Support
- Ab1430 - This bill would revise those procedural provisions to require the agency, after receiving notification of an alleged violation, to investigate the alleged violation and either issue a citation or determine if there is a reasonable basis for a civil action. The bill would authorize an aggrieved employee to commence an action upon receipt of notice from the agency that there is a reasonable basis for a civil action, or if the agency fails to provide timely or any notification, as specified. Support
- SB62/SB63 - Expands family leave & medical leave and parental leave benefits of employee. Oppose