Legislative Update
November 13, 2000 by Beeson Tayer & Bodine
New Law Makes Significant Changes for Workers Governed by the Meyers-Milias-Brown Act
Governor Davis signed into law SB 739 by Senator Hilda Solis (D-El Monte). The new law, which goes into effect on July 1, 2001, makes two significant changes for workers governed by the Meyers-Milias-Brown Act (MMBA). First, it allows agency shop provisions to be enacted without securing the agreement of local government employers upon a majority vote of the bargaining unit employees (a petition signed by 30% of the unit starts the election process). This will eliminate the current requirement that agency shop provisions be negotiated with and agreed to by employers even though such fees have no effect on them.
The second change made by the new law is that it expands the jurisdiction of PERB to include employees and employees governed by the MMBA. Now unions representing these workers can bring unfair labor practice charges against offending employers with PERB instead of having to proceed by lengthy and expensive court litigation.
New Law Creates Binding Arbitration for Police and Firefighters
On September 29, 2000, Governor Davis signed into law SB 402 providing for expedited arbitration of disputes between police and firefighter representatives and the cities and counties in which they work when the sides have reached impasse and mediation is unsuccessful. The bill, introduced by Senate President Pro Tem John Burton (D-San Francisco) and former Assembly Speaker Antonio Villaraigosa (D-Los Angeles), was backed by police and firefighter unions. It goes into effect on January 1st.
Under the law the union will select one arbitrator, the public agency will select a second and those two arbitrators will together agree on a third. The panel will then be vested with the power to issue a final and binding ruling on economic and health and welfare issues. Under existing law, negotiating disputes may but are not required to be submitted to mediation or arbitration. The cost of the arbitration proceeding and panel, except for management’s costs, are chargeable to the union. Those public entities that already have local legislation mandating the arbitration of negotiating disputes and those that pass similar local legislation will not be affected by the new law. The new law does not apply to state police officers, prison guards or firefighters.
Law Requires Agency-Fees for Public Schools and Community Colleges
Davis also signed into law SB 1960, sponsored by Burton also, requiring public school and community college employees who choose not to join a union to pay agency shop fees.
New Law Places Stricter Regulations on Farm Labor Contractors
A day after vetoing a bill that would have imposed criminal as well as civil penalties on unscrupulous agricultural labor contractors, Governor Davis, on September 30, 2000, signed into law AB 1338 imposing tougher licensing standards and fees on these suppliers of farm labor. Authored by Assemblywoman Sarah Reyes (D-Fresno) AB 1338 increases the surety bond labor contractors must post to be licensed from the criminal penalties on labor contractors who violate current $10,000 to a minimum of $25,000 and a maximum of $75,000. The bill also provides for the establishment of the Farmworker Remedial Account to help farmworkers who have been cheated out of their wages. On September 29, 2000, Davis vetoed AB 2862 by Assemblywoman Gloria Romero (D-Los Angeles) that would have imposed stiff civil and late wage and hour laws. In addition, the bill, which was sponsored by the United Farm Workers and, after much compromise, supported by the California Farm Bureau and Agricultural Council of California, would have established a statewide Farm Labor Enforcement Unit to police agricultural labor contractors. Despite the bill’s support Davis vetoed it because it “unfairly” targeted one industry for criminal penalties.
New Law Prevents Anti-Union Use of State Funds
On September 30, 2000, Governor Davis signed into law AB 1889 by Assemblyman Gil Cedillo (D-Los Angeles) making it illegal for anyone doing business with the state to spend state funds on anti-union-organizing efforts. The bill was pushed by unions that found contractors working on state projects were diverting state funds to oppose union organizing campaigns.
New Law Extends Harassment Protection
On September 30, 2000, the Governor signed into law AB 1856 by Assemblyman Sheila Kuehl that extends the coverage of the California Fair Employment and Housing Act (FEHA). Under existing FEHA provisions, employers, labor organizations, apprenticeship and employment training programs, and their agents and supervisors, are civilly liable for harassment of an employee, applicant or other worker on the basis of race, religious creed, color, national origin, ancestry, physical disability, mental disability, medical condition, martial status, sex, age, or sexual orientation. AB 1856 extends the current law to provide that the employees who engage in prohibited harassment are personally liable as well.
New Law Authorizes Leave for Victims of Domestic Violence
Governor Davis on September 16 signed AB 2357 authorizing employees who are victims of domestic violence to take a leave of absence to seek medical treatment, counseling, services from a domestic violence program, or to participate in safety planning. The employee may use paid leave (e.g., vacation or sick leave) or unpaid FMLA leave.
Employers of less than 25 employees are exempt from this new law which becomes effective January 1.
Personnel-Record-Inspection Law Modified
SB 1327 was signed into law by Governor Davis on September 28, bringing state and municipal employees (excluding public safety officers) and school employees under the same law that governs the right of private sector employees to inspect their personnel records. The amended law also restricts the times for inspection to non-working time, except when the employer does not make the records available for inspection at the employee’s workplace.
Wage-and-Hour Remedies Strengthened
Governor Davis approved AB 2509 on September 28, strengthening the remedies for various wage-and-hour law violations. This bill mandates one hour’s pay for each workday an employee is denied a meal or rest break. It also requires employers to include information on piece-rate compensation in employee wage statements.
The material on this website is provided by Beeson, Tayer & Bodine for informational purposes only and does not constitute legal advice. Readers should consult with their own legal counsel before acting on any of the information presented. Some of the articles are updated periodically, and are marked with the date of the last update. Again, readers should consult with their own legal counsel for the most current information and to obtain professional advice before acting on any of the information presented.
