WELL. EVERYONE. SAMMY LABOR AND
EMPLOYMENT COMMITTEE HEARING. UM
TESTIMONY FOR DAYS HERE WILL BE
IN PERSON, BUT WE DO ACCEPT
WRITTEN TESTIMONY TO THE
POSITION LETTER PORTAL ON THE
COMMITTEE'S WEBSITE. WE ALSO
HAVE AN EMAIL ADDRESS SET UP
THAT YOU CAN USE THE EMAIL US
YOUR TESTIMONY, AND IT DOES GET
INCLUDED IN THE RECORD EMAIL
ADDRESSES. A L B R DOT COMMITTEE
ASSEMBLY DOT CA.GOV. AGAIN THAT
EMAIL IS LBR DOT COMMITTEE AT
ASSEMBLY DOT CA.GOV. WE DO NOT
HAVE A QUORUM YET, BUT WE WILL
START AS A SUBCOMMITTEE. UM AND
WE WILL START WITH THE ITEM TO
85 24 WEEKS SINCE SHE IS HERE.
SO WHENEVER YOU'RE READY TO
RELAX, THANK YOU, MR CHAIR. AND
I BELIEVE MY YES. MY WITNESSES
ARE HERE. PERFECT. AH BEFORE YOU
BEGIN THIS WEEK'S JUST AS A
REMINDER FOR EVERYONE, UH, FOR
ALL OF OUR BILLS, EACH SIDE CAN
HAVE TWO WITNESSES FOR UP TO TWO
MINUTES FOR EACH WITNESS. THANK
YOU, MR CHAIR. AND, UH, MEMBER
UH AND STAFF. UM EMPLOYMENT
ACTIONS LIKE TERMINATION.
REFUSAL TO HIRE OR DEMOTION MAY
BE BASED ON BIASES ABOUT HOW
WORKERS WHO ARE CALGARY GIVERS
WILL OR SHOULD ACT WITHOUT
REGARD TO THE WORKERS, ACTUAL
PERFORMANCE OR PREFERENCES.
MOTHER THEIR MOTHERS AND FATHERS
OF YOUNG CHILDREN PREGNANT AND
BREASTFEEDING PEOPLE AND
EMPLOYEES WITH AGING PARENTS OR
SICK SPOUSES OR PARTNERS MAY
ENCOUNTER CAREGIVING
DISCRIMINATION. IN APRIL 2020 IN
APRIL 2020, A GROUP OF HOTEL
CHAIN JANITORS WERE LAID OFF
BECAUSE OF THE PANDEMIC CLOSURES
WHEN THINGS STARTED TO OPEN UP
EVERYONE, BUT THE MOTHERS WERE
CALLED BACK. THE HOTEL MANAGER
ASSUMED THEY WERE BUSY HELPING
KIDS WITH REMOTE SCHOOLING.
INDEED MANY OF THOSE MOTHERS DID
WANT TO RETURN. THEY NEEDED THE
INCOME. MAYBE 5 24 PROHIBITS
DISCRIMINATION AGAINST EMPLOYEES
BASED ON THEIR FAMILY CAREGIVING
STATUS. THIS BILL REQUIRES THAT
WORKPLACE POLICIES DO NOT
DISCRIMINATE AGAINST PEOPLE
BECAUSE THEY ARE FAMILY
CAREGIVERS. IT DOES NOT REQUIRE
EMPLOYERS TO MAKE EXCEPTIONS TO
POLICIES FOR FAMILY CAREGIVING
MORE THAN 200, LOCAL
JURISDICTIONS AND STATES, ALASKA
, DELAWARE, NEW YORK AND
MASSACHUSETTS HAVE ALREADY
OUTLAWED EMPLOYMENT
DISCRIMINATION AGAINST PARENTS
AND OTHER CAREGIVERS COVERING
ALMOST 30% OF THE AMERICAN
WORKFORCE. CALIFORNIA HAS NOT
THIS BILL IS SUPPORTED BY A
NUMBER OF GREAT ORGANIZATIONS
AND WE HAVE BEEN IN ONGOING
CONVERSATIONS WITH THE CHAMBER
TO WORK ON SOME OF THE
DEFINITIONS AND SOME OF THE
CHALLENGES THAT THEY HAVE
RAISED. AND I AM COMMITTED TO
CONTINUING THOSE CONVERSATIONS.
SHOULD THIS BILL MOVE OUT OF
THIS COMMITTEE WITH ME HERE TO
SUPPORT TO TESTIFY AND SUPPORT
IS LIZ MORRIS FROM THE
UNIVERSITY OF HASTINGS CENTER
FOR WORK, LIFE LAW, AND JULIA
PERISH FROM THE LEGAL AID AT
WORK. TO DISPEL CLAIMS OF
INCREASED LAWSUITS AND
RESPECTFULLY ASK FOR MY VOTE.
THANK YOU. SAMARRA WIGS YOU MAY
BEGIN WHICH ARE WITNESS WANTS TO
GO FIRST. MY NAME IS JULIA
PERISH, AND I'M A SENIOR STAFF
ATTORNEY AT LEGAL AID AT WORK,
WHICH IS A STATEWIDE NONPROFIT
THAT ADVOCATES ON BEHALF OF LOW
WAGE WORKERS AND THEIR FAMILIES.
ALSO PROUD COSPONSOR OF A B 5
24. DISCRIMINATION AGAINST
WORKERS BECAUSE OF THEIR FAMILY
. CAREGIVER STATUS IS REAL.
ALTHOUGH THE NORM OF A MOTHER
STAYING HOME CARING FOR THE
FAMILY IS A THING OF THE PAST,
IF IT EVER EXISTED AT ALL,
ASSUMPTIONS AND STEREOTYPES
PERVADE THE WORKPLACE AND HARM
WORKERS FROM RECEIVING LOWER
WAGES BEING DENIED PROMOTIONS TO
BEING FIRED OR NEVER HIRED IN
THE FIRST PLACE. IN ADDITION,
FAMILY CAREGIVING IS INCREASING
. ONE IN SIX AMERICANS ASSIST
WITH THE CARE OF AN ELDERLY OR
DISABLED FAMILY MEMBER AND OVER
ONE IN 12 CARE FOR BOTH CHILDREN
AND ELDERLY OR DISABLED ADULTS,
PART OF THE SANDWICH GENERATION.
OKAY? UM FAMILY CAREGIVERS
CONTRIBUTE TO EVERYTHING FROM
THE WELL BEING OF CHILDREN TO
REDUCING NURSING HOME STAYS. IN
ADDITION, FAMILY CAREGIVING HAS
A DISPARATE IMPACT ON MOTHER'S
PARTICULARLY WOMEN OF COLOR OR
EVEN MORE IMPACTED BY FAMILY
CAREGIVING. THE MINIMUM WE CAN
PROTECT WORKERS WHO ARE FAMILY
CAREGIVERS FROM FACING
DISCRIMINATION AT WORK. ONE OF
THE EXAMPLES WE HEARD ABOUT
THROUGH OUR HELPLINE WE HEAR
FROM THOUSANDS OF WORKERS ACROSS
THE STATE WAS A WOMAN WHO WAS
PLANNING ON RETURNING FROM
MATERNITY LEAVE AND WHEN
DISCUSSING HER RETURN DATE WITH
HER EMPLOYER. THEY FIRED HER IN
THAT CONVERSATION, SAYING THAT
THEY FORESAW HER CHILDCARE
RESPONSIBILITIES AS BEING A
DISRUPTION. SHE HAD NOT YET
RETURNED FROM HER LEAVE. THEY
HAD NO BASIS FOR ASSUMING THAT,
BUT NONETHELESS SHE LOST HER JOB
BECAUSE OF THOSE ASSUMPTIONS
ABOUT HER CAREGIVER STATUS. UM
AND THE EMPLOYERS. DECISIONS ARE
NOT MADE BASED ON PERFORMANCE,
BUT RATHER HARMFUL STEREOTYPES
ABOUT WHO CAREGIVERS ARE AND
WHERE THEIR RESPONSIBILITIES
LAY. THIS BILL SIMPLY PREVENT
EMPLOYERS FROM IN TREATING THEIR
EMPLOYEES WORSE BECAUSE OF THEIR
FAMILY CAREGIVING STATUS. IT IS
THE MOST BASIC EMPLOYMENT
PROTECTION THAT THOSE WHO CARE
FOR THOSE WHO LOVE SHOULD NOT
STAND IN THE WAY OF EMPLOYMENT
OPPORTUNITIES. WE URGE YOUR
SUPPORT OF 85 24. THANK YOU. HI
I'M LIZ MORRIS ON THE DEPUTY
DIRECTOR OF THE CENTER FOR WORK
LIFE LAW AT THE UNIVERSITY OF
CALIFORNIA, LOS SAN FRANCISCO.
EMPLOYMENT DISCRIMINATION
AGAINST FAMILY CAREGIVERS IS
WELL DOCUMENTED, HARMFUL AND
PERVASIVE. IT JEOPARDIZES THE
ECONOMIC SECURITY OF FAMILIES
AND IT WEAKENS OUR ECONOMY,
PARTICULARLY BY DRIVING WOMEN
OUT OF THE WORKFORCE. THE
QUESTION IS WHAT TO DO ABOUT IT.
85 24 OFFERS A VIABLE SOLUTION
THAT HAS ALREADY BEEN TESTED IN
FOUR STATES AND HUNDREDS OF
LOCAL JURISDICTIONS AROUND THE
COUNTRY. WHAT WE'VE SEEN IN NEW
YORK, MINNESOTA, ALASKA AND
DELAWARE IS THAT THESE LAWS WORK
FOR EMPLOYEES AND BUSINESSES
ALIKE. WHY IS THIS TRUE?
UNFORTUNATELY MANY EMPLOYERS ARE
NOT ATTUNED TO THE FACT THAT
ACTING ON BIASES AGAINST
CAREGIVERS OFTEN VIOLATES OTHER
EXISTING EMPLOYMENT LAWS, LIKE
PROHIBITIONS AGAINST SEX OR RACE
DISCRIMINATION. A B 5 24 WOULD
PROVIDE CLARITY THAT
DISCRIMINATION AGAINST
CAREGIVERS IS UNLAWFUL. IT WOULD
INCENTIVIZE EMPLOYERS TO
RECOGNIZE AND WEED OUT THIS FORM
OF BIAS, AND BY DOING SO WOULD
HELP EMPLOYERS TO AVOID NOT ONLY
CAREGIVER DISCRIMINATION BUT
ALSO OTHER EMPLOYEE I MEANT
ACTIONS THAT ARE ALREADY
UNLAWFUL IN CALIFORNIA. WE'VE
LEARNED FROM OTHER STATES THAT
THE IMPACT OF CAREGIVER ANTI
DISCRIMINATION LAWS IS THAT
EMPLOYERS RETAIN VALUABLE
EMPLOYEES. THEY REDUCE GENDER
INEQUITIES, AND THEY AVOID
LITIGATION. I WANT TO BE CLEAR
THE IDEA THAT THESE LAWS ARE NOT
GOING TO INCREASE LITIGATION
ISN'T JUST WISHFUL THINKING. IT
IS THE DOCUMENTED EXPERIENCE OF
BUSINESSES IN THOSE FOUR OTHER
STATES A RIGOROUS 2021 ANALYSIS
BY THE CENTER FOR WORK LIFE LAW
FOUND THAT THE LIKELIHOOD THAT A
COMPANY IS GOING TO BE STEW SUED
UNDER ONE OF THESE LAWS IS
ESSENTIALLY ZERO IN THE STATES
THAT ALREADY PROHIBIT CAREGIVER
TO DISCRIMINATION. THERE WAS
LESS THAN ONE LAWSUIT FILED PER
STATE PER YEAR ON AVERAGE. THE
REALITY IS THAT DIRECTING
EMPLOYER AWARENESS TO CAREGIVER
DISCRIMINATION AND EXPLICITLY
PROHIBITING IT WOULD PROVIDE
CLARITY TO EMPLOYERS THAT ACTING
ON CAREGIVER BIAS IS ILLEGAL. IN
MANY CASES, LITIGATION WOULD BE
AVOIDED UNDER A B 5 24 DUE TO
THIS INCREASED AWARENESS. THANK
YOU. THANK YOU VERY MUCH. IS
THERE ANYONE ELSE HERE IN
SUPPORT? OF A B 5 24 NAME
ORGANIZATION. IF YOU HAVE AN
AFFILIATION AND YOUR POSITION ON
THE BILL, THANK YOU. REMEMBER IS
MARIKO YOSHIHARA ON BEHALF OF
THE CALIFORNIA EMPLOYMENT
LAWYERS ASSOCIATION, PROUD CO
SPONSOR STRONGLY URGE YOUR
SUPPORT. THANK YOU. GOOD
AFTERNOON. KRISTEN HANDEL. BACH
UFCW WESTERN STATES COUNCIL HERE
IN STRONG SUPPORT. THANK YOU.
GOOD AFTERNOON. JESSICA SENATOR
ON BEHALF OF EQUAL RIGHTS
ADVOCATES PROUD CO SPONSOR AND
SUPPORT. THANK YOU. HI SAMANTHA
GORDON ON BEHALF OF TECH EQUITY
HERE IN SUPPORT, AS WELL AS FOR
THE CALIFORNIA COMMISSION ON THE
STATUS OF WOMEN AND GIRLS AND
SUPPORT THANK YOU. THANK YOU.
MALCOLM HARRIS WITH CARRYING
ACROSS GENERATIONS AND THE CARE
CAN'T WAIT. CALIFORNIA
COALITIONS HERE IN STRONG
SUPPORT. THANK YOU. SILVER TOBE.
SANTA CLARA COUNTY WAGE THEFT
COALITION AND STRONG SUPPORT.
THANK YOU. THANK YOU. GOOD
AFTERNOON, JENNA SHANKMAN WITH
FAMILY CAREGIVER ALLIANCE AND
THE CALIFORNIA COALITION ON
FAMILY CAREGIVING IN SUPPORT.
THANK YOU. KIMBERLY ROSENBERG ER
WITH CTU AND STRONG SUPPORT.
THANK YOU. YOU KNOW WHY THE
HARDWARE WITH AARP, CALIFORNIA
AND SUPPORT THANK YOU. K¾T DU
BOURG ON BEHALF OF THE
CALIFORNIA WORK AND FAMILY
COALITION, PROUD CO SPONSOR ALSO
TESTIFYING ON BEHALF OF THE
FOLLOWING ORGANIZATIONS AND
STRONG SUPPORT THAT CALIFORNIA
PARTNERSHIP TO END DOMESTIC
VIOLENCE. THE CALIFORNIA WAKE
ASSOCIATION, THE CENTER FOR LAW
AND SOCIAL POLICY CLASS FRIENDS
COMMITTEE ON LEGISLATION OF
CALIFORNIA GRACE AND CHILD
POVERTY IN CALIFORNIA. NARAL PRO
CHOICE CALIFORNIA THE NATIONAL
COUNCIL OF JEWISH WOMEN, LOS
ANGELES PUBLIC COUNCIL AND WORK
SAFE. THANK YOU. THANK YOU. MR
CHAIR AND MEMBERS CAITLIN VEGA
FOR THE CALIFORNIA LABOR
FEDERATION. ALSO HERE AND
SUPPORT THANK YOU. IS THERE
OPPOSITION? THE OPPOSITION MAKES
HER WAY UP, ACTUALLY TAKE A
MOMENT AND I'LL ASK MADAM
SECRETARY. IF YOU COULD PLEASE
CALL ROLES SO WE CAN ESTABLISH
CORA LARA. CHEN. HANEY. ORTEGA
RAISE WARD. WE HAVE ESTABLISHED
A QUORUM. THE OPPOSITION OF
WHENEVER YOU'RE READY. GOOD GOOD
AFTERNOON, MR CHAIR, CHRIS MCKAY
WITH THE HOLLYWOOD CHAMBER IN
THE DEEPEST OF RESPECT OF THE
AUTHOR. WE ARE OPPOSED AS WE
WERE IN THE JUDICIARY COMMITTEE
ON TWO ITEMS. ONE IS THE
EXPANSION OF FIFA, THE FAIR
EMPLOYMENT AND HOUSING ACT. AND
SECONDLY, THE BROAD DEFINITION
WE BELIEVE OF FAMILY CAREGIVER
STATUS. DÍAS YOU MAY BE AWARE
APPLIES TO PUBLIC SECTOR
EMPLOYERS AS WELL AS PRIVATE
SECTOR OF FIVE OR MORE. THE
CONCERN FROM THE EMPLOYER
COMMUNITY IS THE SIGNIFICANT
POTENTIAL DAMAGES THAT YOU CAN
OBTAIN UNDER FEE HA, INCLUDING
ATTORNEY'S FEES, INJUNCTIVE
RELIEF AND PUNITIVE DAMAGES, SO
TODAY. IT INCLUDES 18 PROTECTED
CLASSIFICATIONS. THIS WOULD ADD
1/19. UH AND THERE'S SIGNIFICANT
LIABILITY WITH THE EXPANSION OF
FEE. HA. THAT'S A AGAIN GRAVE
CONCERN, ESPECIALLY TO THE SMALL
EMPLOYER COMMUNITY. AND YOU KNOW
, THIS IS ONE OF THOSE MEASURES
THAT I WOULD HOPE YOU PLACE IN
CONTEXT. UH EVERY YEAR LOOKING
OVER THE LAST 16 OR SO YEARS, UH
, THE LEGISLATURE HAS ADOPTED
ANYWHERE FROM 40 TO 60. NEW
ADDITIONS TO THE LABOR CODE IN
CALIFORNIA. THAT'S A LOT TO KEEP
UP WITH. HISCOX INSURANCE.
GRANTED IT WAS 2017, BUT STILL
THEY ESTIMATED ABOUT $166,000 TO
DEFEND. UH A GENERAL EMPLOYMENT
DISCRIMINATION LAWSUITS SO YOU
CAN SEE THE EMPLOYER CONCERN.
THE DEFINITION WE THINK IS VERY
BROAD. I KNOW THAT THE
ASSEMBLYMEMBER'S INCLUDED IT IN
HER LEAVE BILL, OR C FOR LEAVE
BILL OF LAST YEAR OF 10 41.
HOWEVER AGAIN, THIS IS EXPANSION
OF LIABILITY UNDER FEET HIGH AND
NOT TO LEAVE. I WOULD ALSO NOTE
THAT THAT PROVISION ALLOWS THE
EMPLOYER TO LIMIT AND EMPLOYEE
THE ONE DESIGNATED PERSON PER 12
MONTH PERIOD FOR THAT LEAVE. AND
SO THERE ARE A NUMBER OF OTHER
LEAVES JUST 10 SECONDS,
INCLUDING, UH, UM, PARENTAL
LEAVE, INCLUDING CHILDCARE AND,
OF COURSE, CIFRA THAT ARE
AVAILABLE IN THESE SITUATIONS.
THANK YOU, MR CHAIR. THANK YOU.
GOOD AFTERNOON. MR CHAIRMAN
MEMBERS ACTUALLY HOFFMAN ON
BEHALF OF THE CALIFORNIA CHAMBER
OF COMMERCE AND OPPOSITION IS,
THE AUTHOR NOTED, WE HAVE HAD
CONVERSATIONS WITH THE SPONSOR
AND THE AUTHOR STAFF AND I
REALLY APPRECIATE THEIR
CONTINUATION TO MEET WITH US ON
THIS BILL. THIS IS THE THIRD
TIME THE BILL HAS BEEN
INTRODUCED. THIS VERSION OF THE
BILL DOES NOT CONTAIN LANGUAGE
AMENDING THE REASONABLE
ACCOMMODATION SECTION OF HAHAHA.
HOWEVER WE DO HAVE SOME CONCERNS
THAT PRACTICALLY THIS COULD
REALLY TURN INTO A DE FACTO
REASONABLE ACCOMMODATION
REQUIREMENT. UNDERSTANDABLY THE
CONCEPT OF A FAMILY CAREGIVER IS
VERY INTERTWINED WITH THE NEEDS
OF CAREGIVING SUCH AS TIME OFF
SCHEDULE CHANGES. WHAT HAVE YOU
ON A RELATED ISSUE THAT WAS IN
FRONT OF THE CALIFORNIA COURT OF
APPEALS RELATED TO FOLKS WHO
WERE ASSOCIATED WITH OTHERS WITH
DISABILITIES? THAT COURT
ACTUALLY AGREED THAT EVEN THOUGH
ACCOMMODATION WAS NOT AN ISSUE
IN THE CASE, THE FACT THAT THE
EMPLOYER HAD NOT ACCEPTED THE
EMPLOYEES SCHEDULING CHANGE
REQUESTS AND THEREFORE HAD TO
TERMINATE THE EMPLOYEE BECAUSE
OF THEIR REFUSAL TO WORK. A
DIFFERENT SCHEDULE WAS ACTUALLY
DISCRIMINATION. SO THE TWO
CONCEPTS ARE VERY INTERTWINED.
SO THAT IS SOMETHING WE ARE
DISCUSSING WITH THE AUTHOR. UM,
I DID ALSO WANT TO JUST TOUCH
BRIEFLY ON THE LITIGATION POINTS
A NUMBER OF THE STATES THAT HAVE
SIMILAR LAWS ARE ACTUALLY FAR
MORE NARROW, FOCUSING MORE ON
PARENTHOOD OR LIVING WITH MINOR
CHILDREN. WHAT HAVE YOU THAN
THIS BILL IS ALSO ACCORDING TO
THAT SAME HISCOX STUDY WHEN YOU
LOOK AT THE CHANCES OF AN
EMPLOYER BEING SUED UNDER, UM ER
SOMEWHERE EMPLOYMENT LITIGATE
STATUTES. CALIFORNIA HAS ABOUT A
FOR 56% CHANCE OF BEING SUED.
THE NATIONAL AVERAGE IS ONLY
ABOUT 10% AND IF YOU LOOK AT
AGAIN, A LOT OF THE
JURISDICTIONS, UH THEY ARE MORE
NARROW THAN THEY ARE HERE. AND
WE JUST BELIEVE THAT CALIFORNIA
HAS OFTEN TIMES A MUCH MORE
ROBUST, LITIGIOUS PLAINTIFF SPAR
THAN IN THESE OTHER STATES. WE
DON'T REALLY THINK THAT IS A
FAIR COMPARISON. THANK YOU.
THANK YOU VERY MUCH. IS THERE
ANYONE ELSE HERE IN OPPOSITION?
PLEASE APPROACH THE MICROPHONE,
NAME ORGANIZATION AND POSITION
ON THE BILL. IS A B 5 24. MR
CHAIR MEMBERS. HOLD ON ONE
SECOND. GO AHEAD, MR CHAIR AND
MEMBERS THAT HAVE BEEN COMING
AFTER THE CALIFORNIA LEAGUE OF
FOOD PRODUCERS IN RESPECTFUL
OPPOSITION. THANK YOU. JAMIE
HALF ON BEHALF OF C JACK
RESPECTFULLY OPPOSED. THANK YOU.
THANK YOU. BRIAN LITTLE
CALIFORNIA FARM BUREAU.
RESPECTFUL OPPOSITION. THANK
YOU. THANK YOU. RYAN ELAINE, ON
BEHALF OF THE CALIFORNIA
RETAILERS ASSOCIATION.
RESPECTFUL OPPOSITION. THANK
YOU. THANK YOU. LAWRENCE GAINING
ON BEHALF OF THE CALIFORNIA
MANUFACTURERS TECHNOLOGY
ASSOCIATION. RESPECTFUL
OPPOSITION. THANK YOU. THANK
YOU. IS HE SWIMMING ON BEHALF?
THE PUBLIC RISK INNOVATION
SOLUTIONS AND MANAGEMENT AND
OPPOSITION. THANK YOU. THANK
YOU. LET'S BRING IT BACK TO
COMMITTEE FOR ANY QUESTIONS,
COMMENTS MOTIONS. EMOTION FROM
SOME MEMBER ORTEGA, SECOND FROM
ASSEMBLYMEMBER'S RAISE ANY
QUESTIONS OR COMMENTS. I JUST
WANTED TO THANK THE AUTHOR. I
KNOW THIS HAS BEEN A JOURNEY
ALWAYS WANT TO APPRECIATE SHOW
APPRECIATION FOR THE OPPOSITION.
I KNOW THERE'S BEEN A LOT OF
DIALOGUE ON THIS PARTICULAR
PIECE OF LEGISLATION, BUT I DO
APPRECIATE THE FACT THAT WE ARE
IN A WE HAVE EVOLVED IN A GOOD
WAY IN TERMS OF WHAT FAMILY
CAREGIVER IS. UM AND I THINK
THAT THIS REFLECTS, I THINK
APPROPRIATE CHANGE SOCIETAL
CHANGES, UM AND THE DEMANDS THAT
WORKERS AND FAMILY MEMBERS HAVE
SO HAPPY TO HAVE A Dð PASS TO
APPROPRIATIONS RECOMMENDATION.
WOULD YOU LIKE TO CLOSE WITH
SOMETHING REAL WICKS JUST WANT
TO THANK THE CHAIR AND MEMBERS
HERE SATURDAY AND COMMITTEE
STAFF AS WELL. UM, AND AS
MENTIONED BY OPPOSITION, IT IS
THE THIRD TIME THIRD TIME'S A
CHARM, THOUGH, RIGHT? THIS IS
SAYING FOR A REASON, AND I KNOW
THAT THERE WAS SOME OTHER
ARGUMENTS MADE AROUND THE IDEA
THAT WE HAVE OTHER LEAVES, WHICH
WE DO, BUT IN THE END OF THE
DAY, YOU KNOW, I KNOW THERE'S
ONE STUDY THAT FOUND THAT
MOTHERS WERE 79% LESS LIKELY. TO
BE RECOMMENDED FOR HIRING HALF
AS LIKELY TO BE PROMOTED, ON
AVERAGE, MAKE $11,000 LESS IN
SALARY FOR THE SAME POSITION AS
SIMILARLY QUALIFIED NON MOTHERS
, AND THERE'S NO LEAVE POLICIES
THAT ARE GOING TO ACCOMMODATE
THOSE ISSUES. AND SO THIS IS
REALLY TRYING TO ENSURE THAT
WE'RE PROTECTING OUR CAREGIVERS
AND NOT JUST MOTHERS, BUT
EVERYONE WHO HAS FAMILY
CAREGIVING RESPONSIBILITY, AND
WE'VE BEEN HAVING THOSE
DISCUSSIONS AND OTHER BILLS AS
WELL. BUT WE'RE TRYING TO
MODERNIZE OUR LAWS HERE IN
CALIFORNIA, SO WITH THAT, I
WOULD RESPECTFULLY ASK FOR MY
VOTE. THANK YOU VERY MUCH. MADAM
SECRETARY. IF WE CAN TAKE ROLL
ON THE VOTE FOR A B 5 24 MOTION
IS DUE PASS TO APPROPRIATIONS.
CHOLERA, RIGHT FLORA CHEN CHEN
NO, HANEY. ANY I ORTEGA ORTEGA.
I RAISE REYES I AWARD. THAT BILL
IS OUT THERE ALL OPEN FOR
RANSOM. THANK YOU. THANK YOU.
HOLD IT. YOU HAVE A BILL HERE
TODAY. YEAH. WHENEVER WHENEVER
YOU'RE READY, SIR. IT TAKES ME A
MINUTE TO ADJUST NHIÀU.
THANK YOU, MR CHAIR AND
COMMITTEE. I'D LIKE TO SHOW MY
APPRECIATION FOR THE ABILITY TO
PRESENT A B 12 28 A BILL THAT
WOULD REQUIRE THAT A FAST FOOD.
RESTAURANT FRANCHISOR SHARE WITH
ITS FAST FOOD FRANCHISE, E ALL
CIVIL LEVEL LEGAL
RESPONSIBILITY. AND CIVIL
LIABILITY FOR THE FRANCHISEES,
LABOR VIOLATIONS. AS MANY OF YOU
KNOW. CALIFORNIA'S FAST FOOD
INDUSTRY EMPLOYS OVER 556,000,
CALIFORNIA IS THE HIGHEST NUMBER
OF ANY STATE IN THE COUNTRY. OF
THOSE FAST FOOD WORKERS. NEARLY
70% ARE PEOPLE OF COLOR. WE HAVE
HEARD FAST FOOD WORKERS
EXPERIENCES OF WAGE STAFF
VIOLENCE AT WORK, SEXUAL
HARASSMENT AND ASSAULT. DENIAL
OF EARNED SICK DAYS. INTENSE
HEAT WORKED FOR WORKPLACE SAFETY
PRACTICES A RETALIATION FOR
SPEAKING OUT WELL, THIS IS NOT
IMPLY THAT ALL FAST FOOD
FRANCHISES WHICH MISTREAT THEIR
WORKERS, IT IS CLEAR THAT WE
MUST ENSURE THAT OUR FAST FOOD
WORKERS ARE ABLE TO THRIVE IN
THEIR WORKPLACES AND IN THEIR
COMMUNITIES. LAST YEAR, I HAD
THE OPPORTUNITY TO LISTEN TO
FAST FOOD WORKERS, FRANCHISEES,
FRANCHISORS AND EVEN MEMBERS OF
THE LEGISLATURE REGARDING JOINT
LIABILITY. DURING OUR
DISCUSSIONS. THERE WAS A COMMON
THEME THAT WAS VOICED. THERE
NEEDS TO BE AN OPPORTUNITY FOR
FRANCHISORS TO ADDRESS LABOR
VIOLATIONS BEFORE THERE IS JOINT
LIABILITY. THAT'S WHAT THIS BILL
DOES. A B 12 28 STATES THAT NO
CIVIL ACTIONS SHALL COMMENCE
AGAINST THE FAST FOOD FRANCHISER
PRIOR TO 30 DAYS AFTER RECEIVING
A WRITTEN NOTICE OF THE ALLEGED
VIOLATION THE TIME PERIOD IS
EXTENDED TO 60 DAYS IF A
FRANCHISOR MAKES WRITTEN REQUEST
TO THE NOTICING PERSON FOR
ADDITIONAL TIME TO COMPLETE THE
INVESTIGATION. THE BILL. FURTHER
STATES THAT THE FRANCHISOR WOULD
NOT BE LIABLE IN A CIVIL ACTION
IF THE FRANCHISOR CURES THE
ALLEGED VIOLATION WITHIN THE
APPLICABLE TIME PERIOD. FINALLY
THE BILL WOULD PROVIDE THAT A
WAIVER OF THIS BILL'S PROVISION
OR ANY AGREEMENT BY A FRANCHISEE
TO INDEMNIFY ITS FRANCHISER FOR
LIABILITY IS CONTRARY TO PUBLIC
POLICY AND HIS VOID AND
UNENFORCEABLE. WITH ME TO
TESTIFY AND SUPPORT. OR MARIA
SABINA. OAKLAND, MCDONALD'S
WORKER. AND RUTH SILVER TOB.
PROFESSOR OF LAW, SANTA CLARA
UNIVERSITY AND COORDINATOR OF
SANTA CLARA WAGE THEFT COALITION
. AND SHE IS ALSO AN EXPERT, UH
FOR ANSWERING ANY TECHNICAL
QUESTIONS. THANK YOU SO MUCH FOR
HOLDING EACH WITNESS UP TO TWO
MINUTES AND WE WILL ACCOUNT FOR
ANY TRANSLATIONS THAT'S
NECESSARY, BUT WE'LL BE SURE TO
ACCOUNT FOR THAT APPROPRIATELY.
YES MY NAME IS RUTH SILVER.
TOBIN IN ADDITION, I'M ALSO THE
SUPERVISING ATTORNEY OF THE
COUNTY, SANTA CLARA COUNTY'S
OFFICE OF LABOR STANDARDS IN
FORCE. MINT LEGAL ADVICE. LINE
EMPLOYMENT LAW VIOLATIONS ARE
RAMPANT IN THE FAST FOOD
INDUSTRY, AND THE FRANCHISE
MODEL CONTRIBUTES SIGNIFICANTLY
, ACCORDING TO A RECENT SURVEY,
A SHOCKING 85% OF CALIFORNIA
FAST FOOD WORKERS HAVE
EXPERIENCED WAGE THEFT, THE FAST
FOOD FRANCHISE MODEL
INCENTIVIZES WAGE THEFT BY
EMPLOYING WHAT PROFESSOR DAVID
WILD CALLS FISHERY, PLACING
INTERMEDIARIES BETWEEN
THEMSELVES AND WORKERS THAT
ALLOWS THE GLOBAL BRANDS TO
SIPHON OFF PROFITS AND EVADE
LIABILITY. FRANCHISING
AGREEMENTS ALLOW FRANCHISORS TO
DICTATE MOST ASPECTS OF THE
BUSINESS. BY REMOVING NON LABOR
VARIABLES. FRANCHISE AGREEMENTS
COMPEL EVEN THE MOST WELL
INTENTIONED FRANCHISEES TO
MINIMIZE LABOR COSTS TO INCREASE
PROFITS. FRANCHISORS OFTEN EVADE
LIABILITY UNDER CURRENT LAW,
WHICH NARROWLY CONSTRUED JOINT
LIABILITY, DESPITE DESPITE
FRANCHISORS CONTROL OVER
RELATIONAL MECHANISMS, SUCH AS
MANUALS, TRAINING, INTENSIVE
MONITORING AND EVALUATION TOOLS
. CALIFORNIA HAS LONG RECOGNIZED
JOINT LIABILITY IS KEY TO AND
FORCE MINT AND EXTENDED IT TO
INDUSTRIES WITH RAPID VIOLATIONS
LIKE JANITORIAL CONSTRUCTION,
NURSING HOMES. AND MAJOR FASHION
BRANDS. A B 12 28 WILL REQUIRE
LARGE, FAST FOOD PARENT
COMPANIES TO SHARE
RESPONSIBILITY FOR PROVIDING
SAFE WORKPLACES THAT COMPLY WITH
CALIFORNIA LAWS THAT PROTECT
WORKERS FROM WAGE THEFT, SEXUAL
HARASSMENT AND INJURIES. THANK
YOU, THANK YOU. WHEN I START
THIS IS MARIA SAVINA. MCDONALD'S
CLEAN QUINN. TÌM. I LOVE IT DOES
IS 70. GOOD AFTERNOON COMEDY
MEMBERS. MY NAME IS MARIA SAVINA
AND MCDONALD'S WORKERS FROM
BERKELEY. AND I'M HERE TO ASK
FOR YOUR SUPPORT OF A B 28. SKIN
SANYO'S AND MCDONALD'S
EXPERIMENTAL PROBLEM PROVENANCE
, DIRECTAMENTE OPPRESSION,
POLITICAL COMPONENT MCDONALD'S
SOBRE LOS TRABAJADORES AGENDA
DURING MY 15 YEARS OF MCDONALD'S
. I HAVE EXPERIENCED A LOT OF
FLORENCE AT WORK THAT COMPUTED
LEE FROM THE PRESSURE AND
POLICIES, MCDONALD'S PLACES AND
WORKERS. IN THAT STORE.
MCDONNELL ASSING COPIER AND LIKE
I SAID THEY WENT COMPLETED SPENT
ON LASORDA'S RESPECTING IS
CAUSING. THIS HAS SEEN SOPHIE
SCIENTIST TRABAJADORES OBLIGADO
COMMITTED THE EMPHASIS ON HOW
FAST ORDERS MUST BE COMPLETED,
BUT AT PEAK HOURS IN OUR TINY
KITCHENS AND NOT ENOUGH WORKERS,
WE ARE BOUND TO MAKE MISTAKES.
CUANDO CUANDO LAS PEDIDO
STARTING THE SUN OR NOT CORRECT
DEMOS ALEIDA FATHER NOT WRITTEN
BY NOT READING THE NOTICE. TAKE
TOO LONG OR ARE IN EXACTLY RIGHT
. WE FACE THE ROAD OF CUSTOMERS
. THEY GET MAD THE YEAR THEY
THROW FOOD AND HAD COFFEE AT OUR
FACES. WANDA MCDONALD. VIDEO
ARMY FRANKIE SACCHARINE ASPECT,
EMPRESA. MCDONALD REQUIRED MY
FRANCESE E. DURING INNOVATE A
STORE TO MATCH THE NEW LOOK.
CORPORATE WHAT IS. WE ALMOST
FELL ACROSS WORKPLACE GOT EVEN
MORE DANGEROUS, BUT I DON'T KNOW
. THEY TOOK AWAY OUR SECURITY
OFFICERS. VILLAS. BARRERA
CENTRAL LOS VEGETABLE
OSCILLOSCOPES SINATRA, SERRA
SAID IRAN MUST FACILITATE SORTA
HANDLE OF MASS VULNERABLE
BARRIERS BETWEEN THE LOBBY AND
THE BACK KITCHEN BECAME EASIER
TO GET AROUND, LEAVING US MORE
VULNERABLE. RIGHT THROUGH HERE
AND CORRECT LAMENTED MANUAL
MENTE OR THE HARLOTS OBERTAS
NOW, WITH THEIR INNOVATIONS THAT
WINDOW TO THE DRIVE THRU DOES
NOT CLOSE PROPERLY. WE HAVE TO
MANUALLY CLOSE THE WINDOW OR
LEAVE IT OPEN. SHE KNOWS SHE
KNOWS. RAMONA VENTANA COSAS DEL
INTERIOR IF WE DON'T CLOSE THE
WINDOW, STRANGERS TRY TO GRAB
THINGS FROM THAT INSIDE. TRAVÉS
VENTANA RIGHT THROUGH AXIAL
RESTAURANT CUSTOMER ONCE GOT OFF
GUARD ENDED UP IN THROUGH
THROUGH THE DRIVE THROUGH WINDOW
INTO THE RESTAURANT. MCDONALD'S
OCTOBER AND MILK. THANK, YOU
KNOW, IMPRESS A DEVIOUS ARMAS
PARA TRABAJADORES. MCDONALD'S
MADE 9.9 BILLIONS IN PROFITS IN
2021 COMPANY NEEDS TO DO MORE TO
PROTECT WORKERS AND SUPPORT
FRANCHISES. CONDITIONERS AND
PRESIDENT BUT SOMEBODY LOST
TRABAJADORES FRANKIE'S DÍAS. BUT
ALSO DÍAS. THEY HAVE CREATED
CONDITIONS WHERE THEY WHERE IS
TOO MUCH PRESSURE ON WORKERS AND
FRANCHISES TO LINE THEIR POCKETS
WITH PROFIT. CORPORATION
COMPARTMENT RESPONSIBILITY THAT
GUARANTEE SERGEANT WAS TRUST.
FRANK FRANKIE ACEVEDO'S
NECESSARY LOOK AND COMPLETE
COLOR. LEGISLATURA 28 WILL MAKE
SURE THEY THEY, UM THE
FRANCHISES. UH, DO THE RIGHT
THING. INC SHARE THAT OF
RESPONSIBILITY FOR KEEPING US
SAFE AND MAKE SURE OUR
FRANCHISES HAVE WHAT THEY NEED
TO FOLLOW LABOR LAWS. THANK YOU.
THANK YOU. THANK YOU. ANYONE
ELSE HERE IN SUPPORT OF A B 12
28. APPROACHED THE MICROPHONE
NAME, ORGANIZATION AND POSITION
ON THE BILL. AFTERNOON CHAIR
COLIN MEMBERS JAMES MICHAEL
AKPALA WITH THE AMERICAN
FEDERATION OF STATE COUNTY
MUNICIPAL EMPLOYEES ASKED ME AND
STRONG SUPPORT. THANK YOU. THANK
YOU. MARIKO YOSHIHARU ON BEHALF
OF THE CALIFORNIA EMPLOYMENT
LAWYERS, ASSOCIATION AND SUPPORT
THANK YOU. JESSICA SENDER ON
BEHALF OF EQUAL RIGHTS ADVOCATES
AND SUPPORT THANK YOU. KEEP IN
VEGAS FOR THE CALIFORNIA LABOR
FEDERATION HERE IN STRONG
SUPPORT. THANK YOU. MAIN
ARMORIES. FERNANDO VALENCIA,
CALIFORNIA MCDONALD'S THANK YOU.
MEAN HOMBRES KOSEVO TISCI TRAVÉS
SECURING IN SACRAMENTO. THANK
YOU. HELLO MY NAME IS PERLA
MARTINEZ. I'M FROM WASCO,
CALIFORNIA ON MY HEALTH CARE
WORKER. I STAND IN SOLIDARITY
FOR A B 12 28. THANK YOU.
GERMANY IS WHEN I STARTED TO
SHUN CASH LOSS ANGELES THE
CLINICAL MONSIGNOR ROMERO EVEN
THOSE HAVE BEEN THANK YOU. MY
NAME IS ALICIA WALKER. I'M FROM
LIFELONG MEDICAL CARE IN OAKLAND
, AND I AM IN SUPPORT OF A B 12
28. THANK YOU. HI MY NAME IS
MARINA ARRIAGA FROM LITTLE
CAESARS HERE IN CARMICHAEL AND I
AM HERE TO SUPPORT A B 12 28.
THANK YOU. THANK YOU. HI MY NAME
IS ALI A GARCIA. I AM FROM SAN
JOSE, CALIFORNIA. I WORK FOR
DOMINO SPEKTOR. PLEASE JUST VOTE
FOR A BEACH OR 28. THANK YOU.
HOLLANDE NUMBER IS CLAUDIA. E.
OAKLAND. BANGLE PURSUE. AH, A B.
GRACIAS. GRACIAS. HOLA.
CALIFORNIA WHEN MCDONALD'S EVEN
HOURS AND SEE PARA GRACIAS.
THANK YOU. HI MY NAME IS MEGAN
RUSSELL. I AM FROM BAKERSFIELD,
CALIFORNIA. I WORK WITH THE U 5
TO 1 AND I AM HERE STANDING IN
SOLIDARITY WITH OUR FAST FOOD,
BROTHERS AND SISTERS IN
SUPPORTIVE A B 12 28. THANK YOU.
THANK YOU. MY NAME IS HUGH
ARNEBECK. I WOULD GET CARLOS
DREAMING, CARMICHAEL AND I AM
HERE IN SUPPORT OF A B. TELL
TONY. THANK YOU. GLORIA GONZALEZ
, JOSE, CALIFORNIA. MORE
IMPORTANT, GRACIAS, GRACIAS.
CALDERON BENGAL IS FRANCISCO 70.
OH, JOB. THAT IS THAT WHEN I
STARTED. TO WATER A LOT. NOMBRES
DELIA ESPANA BENGAL, CALIFORNIA
RAPID AS AND WENDY'S EVEN
OVIEDO'S GRACIAS. GRACIAS. THE
NUMBERS. SALMA SURVIVORS TRAVEL
HÌ AND MCDONALD'S THE SAN JOSE
OKAY, SO THE GRACIAS GRACIAS.
WHEN I STARTED IN OAKLAND,
CALIFORNIA AND WENDY'S. I LOVE
IT. L®NG 70 YOKO. THANK YOU.
THANK YOU. WHEN I STARTED, MY
NUMBER IS ALEX ROACHES, BENGAL
SAN JOSE, CALIFORNIA SOLICITOR'S
. TO GOOD AFTERNOON. MY NAME IS
TINA. DEAF ALIBIED CALCULATE
COUNTY SO I'M COMING TO HELP
WORKERS. YOU CAN 21 I'M
SUPPORTED SP 12 28. THANK YOU.
THANK YOU. HELLO MY NAME IS
THANK YOU, VALDES. I WILL
COLLECT CLINIC IN OAKLAND IN,
UM, A PRO MEMBER OF 10 TO 1. AND
I'M HERE IN SUPPORT OF, UH, LOTS
OF THANK YOU. ALL RIGHT. GOOD
AFTERNOON. I AM BRANDON DAWKINS
. I HAVE WITH SCR YOUR LOCAL 10
TO 1 AND I WORKED FOR THE SAN
FRANCISCO DEPARTMENT OF PUBLIC
HEALTH. AND I AM ALSO HERE IN
SUPPORT OF A B 12 28. THANK YOU.
HELLO MY NAME IS MABEL BERMUDA'S
CHEN. I AM IN SUPPORT OF A B 12
28. THANK YOU. THANK YOU. HELLO
MY NAME IS EVA MARQUEZ AND I
WORK ON MEDICAL ASSISTANT AND
DIVERSITY OF SKILLS CENTER AND
UNION CITY. UM A V 12 28. THANK
YOU. HI MY NAME IS MCDOLE. YAH
CALLEN AND I'M A HEALTHCARE
WORKER. AND I'M HERE TO SUPPORT
OUR WORKERS. A B 12 28. THANK
YOU. THANK YOU. MY NAME IS JASON
NAMES FROM SAN JOSE, CALIFORNIA
AND I STAND IN SOLIDARITY WITH
OUR SISTERS AND BROTHERS AND
FAST FOOD INDUSTRY AND SUPPORT
ABBY TO, UH, TILL 28. THANK YOU.
ANYONE ELSE IN SUPPORT. IF NOT.
WE'LL ASK OPPOSITION OF THE
PRIMARY WITNESSES TO PLEASE
APPROACH THE TABLE. MOSTLY.
YEAH. YEAH.
YEAH. WHENEVER YOU'RE READY.
YEAH. GOOD AFTERNOON SHARE. KARA
AND THE SHERIFF, FLORA AND
MEMBERS. I WANT TO THANK YOU
FIRST FOR FOUR YEARS SERVICE TO
OUR STATE AND OUR COUNTRY. AND
ALLOW ME TO SPEAK TO YOU HERE.
MY NAME IS SISI N I WILL POST TO
A B 12 28. MY IMMIGRANT AMERICA
AT AGE 26. SEARCHING AMERICAN
DREAM. WAS $20 IN MY POCKET. NO
MORE. AND NO FIVE MINUTES OLD
FRIENDS. NOT SPEAK ENGLISH. THE
18 1984. THE FRANCHISE SYSTEM,
GIVE MY FAMILY AND ME
OPPORTUNITY TO BECOME MCDONALD'S
AND LOCAL FRANCHISE OWNER. YOU
KNOW, OAKLAND AND THE OWNERSHIP
DEPRIVED OF OWNERSHIP AND
ENTREPRENEURSHIP. KIND OF
MCDONALD'S SUPPORT TRAINING.
PROVIDES TO ABILITY TO GROW. AND
CREATE JOBS. GIVEN BACK TO THE
COMMUNITY WE LOVE. AND TO SHARE
WITH OTHERS. THE SAME
OPPORTUNITY. MAYBE 12 28 WAS
EVENTUALLY DESTROYED IT PROVEN
SUCCESS FRANCHISE SYSTEM. BY
MAKING THE, UM. CORPORATION
RESPONSIBLE LEGALLY FOR THE
EMPLOYEE DECISIONS. BY LOCAL
OWNERS THAT GUYS AND, UH, THE
WERE KILLED AUDIENCE, NTV'S AND
DIFFERENT THE ENTREPRENEURSHIP.
OUR COUNTRY WAS BASED ON AND
THIS IS ALSO WELL. DESTROYED IT
ALMOST 5000 FRANCHISES IN
CALIFORNIA. LARGER OWNED BY
MINORITIES. AND IMMIGRANTS
KNOCKING MYSELF. AND YOU ALONG
WITH YOUR FAMILY. AND THAT YOUR
LOVED THE COMMUNITY IS ALSO WELL
CUTS OFF TO PAST. THE PATHWAY.
FOR IMMIGRANTS AND MINORITIES
LIKE ME TO COME RESTAURANT,
BECOME BUSINESS OWNERS AND TO
GIVE BACK TO AMERICA. AND FOUR
FIELD AMERICAN DREAM. SO I
RESPECTED AS FOR YOUR NO VOTE TO
A B 12 28. THANK YOU. THANK YOU.
GOOD AFTERNOON SHERIFF, CHOLERA
AND MEMBERS OF THE COMMITTEE.
MANY OF YOU ALREADY KNOW ME. MY
NAME IS MIKAELA MENDELSSOHN, AND
I AM A PROUD TRANSGENDER
BUSINESSWOMAN WHO OWNS AND
OPERATES SIX UP OIL, LOCAL
RESTAURANTS IN LOS ANGELES AND
MATURE COUNTIES. I'M PROUD TO BE
SITTING HERE AGAIN TODAY. THE
LAST TIME I SAT IN THE SEAT WAS
WHAT SENATOR LARA STANDING
STANDING RIGHT THERE. WE WROTE A
BILL TOGETHER TO PROTECT
TRANSGENDER EMPLOYEES. TODAY
THOUGH I'M SPEAKING ON BEHALF OF
LOCAL RESTAURANT OWNERS IN
CALIFORNIA, WHO STRONGLY OPPOSED
12 28. I GREW UP WASHING DISHES
AND OUR FAMILIES RESTAURANTS.
UNFORTUNATELY MY DAD PASSED
SUDDENLY AT 56 YEARS OLD, BUT IN
1998, I WAS ABLE TO FOLLOW IN
HIS FOOTSTEPS AND OPENED MY
FIRST UP OIL LOCAL RESTAURANT IN
LOS ANGELES. FRANCHISING IS THE
EPITOME OF THE AMERICAN DREAM.
CALIFORNIA ALONE, TENS OF
THOUSANDS OF INDIVIDUALS HAVE
HAD THE OPPORTUNITY TO CARVE OUT
THEIR OWN BUSINESSES AND PROVIDE
FOR THEIR FAMILIES AND THEIR
EMPLOYEES. NOW 35 YEARS LATER, I
PRIDE MYSELF IN CREATING A SAFE
, INCLUSIVE WORKSPACE FROM MY
175 EMPLOYEES, INCLUDING MORE
THAN 50 TREND GENERAL EMPLOYEES
HAVE HIRED OVER THE FIRST
DECADE. BUT LIKE ANY OTHER LIFE
ENDEAVOR AND INCLUDES RISK WE
ARE NOT IMPERVIOUS AS
FRANCHISEES TO DOWNTURNS IN THE
ECONOMY. DURING THE 2009
RECESSION. I LOST OVER HALF MY
STORES AND MY FAMILY HOME. NOW
I'M WORRIED ABOUT ANOTHER
RECESSION. I HAVE FEWER PEOPLE
COMING INTO MY STORES AND THOSE
WHO COME ARE SPENDING LESS. NOW
THIS MAY BE 12 28 WILL END THE
FRANCHISE MODEL IN CALIFORNIA.
FRANCHISEES ARE ON THE HOOK.
FRANCHISORS ARE ON THE HOOK FOR
MY BUSINESS DECISIONS, THEY WILL
BE FORCED TO TAKE CONTROL OF MY
BUSINESSES. FRANCHISE STORES
WILL BE FORCED TO RETHINK
ISSUING NEW FRANCHISE AGREEMENTS
. INSTEAD THEY WILL CHOOSE TO
OPERATE. CORPORATE RESTAURANTS
ARE ONLY WORK WITH LARGE
CONGLOMERATES WHO CAN PROTECT
THEIR INTERESTS. THIS IS A
DIRECT ATTACK. P NOT MISTAKEN.
THIS IS A DIRECT ATTACK ON LOCAL
FRANCHISE RESTAURANTS AND WILL
LITERALLY ELIMINATE THE AMERICAN
DREAM FOR THOUSANDS OF
FRANCHISEES LIKE MYSELF. PLEASE
VOTE NO ON A B 12 28. THANK YOU.
THANK YOU. ANYONE ELSE HERE IN
OPPOSITION TO A B 12 28. PLEASE
APPROACH THE MICROPHONE NAME
ORGANIZATION AND YOUR POSITION
ON THE BILL, PLEASE. YES MY NAME
IS REGINA YEAR, AND I'M A SOCIAL
WORKER AND MCDONALD OPERATORS OF
40 YEARS. I KNOW I OPPOSED THE
BILL. THANK YOU. ASHLEY HOFFMAN
ON BEHALF OF THE CALIFORNIA
CHAMBER OF COMMERCE AND
OPPOSITION. THANK YOU. THANK
YOU. CHRIS BOLLINGER ON BEHALF
OF THE CALIFORNIA ASIAN CHAMBER
OF COMMERCE AND OPPOSITION.
THANK YOU. THANK YOU. GOOD
AFTERNOON. GEORGIA HALL
FRANCHISEE FOR WENDY'S NORTHERN
CALIFORNIA AND STRONGLY POST 12
28. THANK YOU. THANK YOU. GOOD
AFTERNOON. COURTNEY ESCALANTE,
FRANCHISE OWNER IN SACRAMENTO
AND STRONGLY OPPOSED TO 12 28.
THANK YOU. GOOD AFTERNOON. MY
NAME IS CHAIRS. SORRY I'VE BEEN
AN OPERATOR FOR 19 YEARS.
MCDONALD'S FRANCHISES, AND I
OPERATE THE BUSINESS HERE IN
SACRAMENTO. I MEAN, I MEAN
OPPOSITION OF 12 28. THANK YOU.
GOOD AFTERNOON. MY NAME IS DOWN.
PREISLER AND PROFESSIONAL
PHOTOGRAPHER WORKING FOR THE
UNIVERSITY OF CALIFORNIA AND I
OPPOSED THIS. I OPPOSE THIS
BILL. THANK YOU. HARRIS LUU 23
YEARS AS A MCDONALD'S FRANCHISEE
AND ADVOCATE FOR OUR TEAM
MEMBERS STRONGLY OPPOSED 12 28.
THANK YOU. TIM LYNCH ON BEHALF
OF THE DIVERSIFIED RESTAURANT
GROUP, OWNER OF MULTIPLE TACO
BELL FRANCHISES UP AND DOWN THE
STATEMENT. WE OPPOSED THE BILL.
THANK YOU. JOHN MARTIN ON BEHALF
OF RBS. BASKIN ROBBINS, BUFFALO
WILD WINGS, DUNCAN, SONIC AND
JIMMY JONES IN OPPOSITION. THANK
YOU. RAND PAUL CAN BE HALF OF
THE INTERNATIONAL FRANCHISE
ASSOCIATION AND THE CALIFORNIA
RESTAURANT ASSOCIATION AND
OPPOSITION. THANK YOU. JOIN
CANETTI ON BEHALF OF THE
CALIFORNIA HISPANIC CHAMBERS OF
COMMERCE AND HER OVER 125 DIVERS
AND HISPANIC CHAMBERS THROUGHOUT
THE STATE AND OPPOSITION. THANK
YOU. HI MARIANNE LU N,
MCDONALD'S OWNER OPERATOR IN
SOLANO COUNTY, YOLO COUNTY AND
SACRAMENTO COUNTY FOR OVER 15
YEARS I REPRESENT AND PART OF
ONE OF OVER 15,000 FRANCHISE
OWNERS IN CALIFORNIA. 80% ARE
WOMEN AND MINORITIES. WE OPPOSE
12 28. THANK YOU. THANK YOU.
HELLO MY NAME IS TO MARIE
RICHARDSON, PRESIDENT AND CEO OF
THE SOLANO COUNTY BLACK CHAMBER
OF COMMERCE, LARGEST CHAMBER IN
SOLANO COUNTY, AS WELL AS
FOUNDING CHARTERING BOARD MEMBER
OF THE NON NETWORK IN SOLANO
COUNTY, AND WE OPPOSE 12 28 AS
WELL. THANK YOU. EISEN HUNTER
ISHIKAWA I'M REPRESENTING, UH,
CLUB BLAZER LLC, UM, OPERATE AND
YOLO, SACRAMENTO, SOLANO, NAPA
AND STRONGLY OPPOSED 12 28.
THANK YOU. THANK YOU. RAMPTON
ABANDON REPRESENT GALAXIES
SOLUTIONS AND MANAGEMENT
CONSULTING FIRM. UM THIS BILL. I
DON'T THINK ANYBODY CAN OPPOSE
BETTER WORKING CONDITIONS. BUT
THE REAL INTENTION THEIR THEIR
CONSEQUENCES. JUST YOUR POSITION
, SIR. I RESPECTFULLY OPPOSE.
THANK YOU SO MUCH. DAVID
IMMIGRATION AMERICAN BUSINESS
CLUB RESPECTFULLY OPPOSED. THANK
YOU. COMMENTS SQUATCH, OWNER OF
KHOJA KITCHEN IN DOWNTOWN
OPPOSED THE BILL. THANK YOU. I'M
CHECKING THE OWNER OF THE
MATTING GROUP IN A POSITION OF A
B 1 TO 28. THANK YOU. THANK YOU.
JAMIE HAVE YOU SEE JACK?
RESPECTFULLY OPPOSED? THANK YOU.
AH MY NAME IS TONY ALLEN AND I'M
THE OWNER OF THE SMALL
RESTAURANT CALLED TAMPERING
HOUSE IN SACRAMENTO. I ALSO THE
OWNER OF THE HARD WORK WITH
CYCLING IN THE MOBILE COUNTY AND
LOGISTICS WAREHOUSING IN L. A
COUNTY. UM I STRONGLY OPPOSITE
THE BILL. THANK YOU. THANK YOU.
GOOD AFTERNOON. MY NAME IS VICKI
BEATEN AND THERE'S CALIFORNIA
STATE RAILROAD MUSEUM. DAWSON
STRONGLY OPPOSED 12 28. THANK
YOU. GOOD AFTERNOON. MY NAME IS
SHANIA, OWNER OF SMALL BUSINESS
. NORWEST IMAGING CONSULTING LLC
. RESPECTFULLY OPPOSE. MAYBE 12
28. THANK YOU. HELLO RYAN, ALONG
WITH THE CALIFORNIA RETAILERS,
ASSOCIATION AND OPPOSITION.
THANK YOU. THANK YOU. CHAIRMAN
MEMBERS, PAUL GLADFELTER ON
BEHALF OF MCDONALD'S OWNER
OPERATORS, EMPLOYERS OVER 125
AND CALIFORNIA AND WE STRONGLY
OPPOSED. THANK YOU. IS THERE
ANYONE ELSE HERE IN OPPOSITION?
IF NOT, WE'LL BRING IT BACK TO
THE COMMUNITY FOR ANY QUESTIONS
, COMMENTS OR EMOTIONS. SENATOR
CHEN THANK YOU, MR CHAIR FOR
YOUR INDULGENCE IN TIME. I
UNDERSTAND THAT FRANCHISE IS
OWNED AND OPERATED THEIR OWN
RESTAURANT, AND THEY HAVE
CONTROL OVER THEIR BRAND
STANDARDS. BUT WHEN IT COMES TO
EMPLOYMENT DECISIONS, SAFETY
INSPECTIONS DAILY OPERATIONS
THEY ARE BOUND BY THE OVERALL,
UM, BRAND ITSELF DOESN'T NAVY
2012 28 WAS ONE OF MY FEARS. BY
VIRTUE OF THE FRANCHISEE, UM,
PUT THAT LIABILITY ON THE
BUSINESS OPERATOR OWNER
THEMSELVES. UH MR UH, MR CHEN, I
AM NOT SURE I UNDERSTOOD YOUR
QUESTION. UM IS THE UM IS THE
QUESTION SPECIFICALLY. IN
REGARDS TO WHO OPERATES
CORRECTLY, UM, RESTAURANT.
APPRECIATE YOUR ANSWERING THE
AUTHOR OF FIRST FROM THERE. NO,
NOT AT ALL. AND THEN IT WOULD
GIVE AN OPPORTUNITY FOR YOU. MOM
IS AS WELL AS MR AGAIN. THANK
YOU FOR BEING HERE TO ANSWER,
BUT, UH, AT THE AUTHOR WOULD I'M
JUST WORRIED ABOUT THE TRANSFER
OF THE LIABILITY TO THE ACTUALLY
, WE'LL HAVE MR HOLDEN RESPOND,
AND THEN WE'LL COME TO YOU, MR
UNIQUE CHAIRMAN. UM YEAH, I FEEL
THAT THIS HELPS THE FRANCHISEE
BECAUSE THERE'S DUAL
RESPONSIBILITY. NOW THERE'S
JOINT AND SEVERAL RESPONSIBILITY
. NOW IT'S ALL ON THE FRANCHISEE
. BUT THIS WAY IT WILL SHARE
RESPONSIBILITY. SO I THINK THIS
IS ACTUALLY A BILL THAT HELPS
THE FRANCHISE Z BECAUSE RIGHT
NOW THERE'S SO MUCH CONTROL. AND
THE ONLY NON LABOR VARIABLE. THE
ONLY VARIABLE IS LABOR. AND SO
THEY IF THERE IS JOINT
RESPONSIBILITY, THEN YOU KNOW,
THERE'LL BE AN INCENTIVE OF THE
OF THE FRANCHISOR TO MAKE SURE
THAT LABOR LAWS ARE FOLLOWED. MR
YIN? YEAH, WELL, I'LL BE IN THE
AS A FRANCHISE C FOUR 40 YEARS,
ALMOST SINCE WHAT'S YOUR AGE?
AND. THE DISPUTE OF AND LEARNED
THAT, UM, DO FUNDAMENTAL SUCCESS
OF FRANCHISE SYSTEM. IS TO GIVE
. EACH LOGO FRANCHISE IS HAS TO
BE LOCAL LOCAL FRANCHISE OWNER
IN THERE FIND HOMES NEARBY,
THEIR COMMUNITIES THAT PETER
OWNER AND 100% OWNERSHIP,
ESPECIALLY ON LEGAL SIDE. WE'RE
100% RESPONSIBLE. WE GET
COLLECTIVE TRAINING, THE SUPPORT
AND LEARNING YES, THAT'S ALWAYS
DO IT. BECAUSE THIS IS THIS KIND
OF COMPETITIVE MARKET. TO
COMPETE, SUCCESSFULLY.
ENTREPRENEUR SYSTEM. THAT
REQUIRES HIGHLY COMPETITIVE, UH
, SERVICE TO CUSTOMER THE COST.
THEY. CREATED MORE JOBS ONCE WE
GO AND MORE FINALISTS YOU
INVOLVED NOW WE GIVE FRANCHISE
COR. THE POWER LEGALLY. NOT
NATURALLY OF SO CALLED NATURAL
SO CALLED AMERICAN SYSTEM. WE
ACTUALLY MANUALLY TO DO THAT.
IT'S AGAINST THE NATURE OF
SUCCESS OF THE MODEL. WHY THEN I
LOSE THE DEPRIVED TO CONTROL AND
RESPECT, ACTUALLY, I LOSE IT.
FROM THEIR EMPLOYEES FROM THE
COMMUNITY. AND I LOSE FOR MY
FAMILY TO DRIVE AND OWNERSHIPS
ALL THE INTEREST INTEREST SHIP
ENTREPRENEURSHIP AND THAT THAT'S
FINE. COST WISE. BETTER FROM ME
RESPONSIBILITIES. OKAY BIG DADDY
TAKE CARE OF ALL THE TROUBLES
NOW WHAT HAPPENS IF YOU DON'T
KNOW THAT YOU ALL HAVE A KISS?
YOU'LL BE IN KISS YOUR PARENTS.
YOU KNOW WHAT HAPPENS, YOU KNOW,
RIGHT? IS IT IS NOT GOOD,
SERIOUSLY, YOU LOVED THEM, BUT
IT'S NOT GOOD THAT THAT'S WHY
THE AMERICANS SYSTEM BEING A
SUCCESSFUL THAT'S RIGHT. I COME
TO AMERICA'S JUST FOR THAT
REASON. AND LIKE ME, DO MY BEST
AND I BE RESPONSIBLE FOR IT.
THAT'S REALLY THE SPIRIT.
OTHERWISE YOU KILLED IT. PURE.
THANK YOU SO MUCH. YEAH, PLEASE.
THANK YOU, MR CHAIR. AND IF I
HAVE JUST ONE MORE QUESTION. I
UNDERSTAND FOR THE AUTHOR,
TIMING WISE THAT THERE'S BEEN A
BILL FROM LAST YEAR OF
REFERENDUM, UM, THAT WE ARE
STILL WAITING FOR THE RESULTS
THAT ANSWER SOME OF THE
QUESTIONS IN REGARDS TO THE
INTENT THAT YOU'RE TRYING TO
SOLVE FOR A B 12 28. I'M JUST
QUESTIONING. TIMING IS WHY NOT
WAIT FOR THE READING THE RESULTS
OF THE REFERENDUM AND LET THE
PEOPLE DECIDE. I THINK WHAT
WE'RE TRYING TO ADDRESS HERE IS
AN IMPORTANT ISSUE. THIS WAS IN
THE BILL FROM LAST YEAR. BUT IN
THE CONVERSATIONS AND TRYING TO
FIND AN EQUITABLE BALANCE, UH
THIS PIECE WAS TAKEN OUT OF THE
BILL. BECAUSE WE'RE TRYING TO
FIND BALANCE. TO MAKE SURE THAT
SOME OF THE ISSUES THAT ARE
BEING DISCUSSED TODAY AND THE
WEIGHT FALLING ON THE
FRANCHISEE. AND WE'VE WRITTEN
BILLS BEFORE TO PROTECT THE
FRANCHISEE WHO CAME TO SAY WE
NEED PROTECTION BECAUSE THE
FRANCHISOR IS NOT PLAYING FAIR
WHEN WE'RE TRYING TO SELL OUR
BUSINESSES AND NOT GETTING THE
FULL COST OF WHAT WE'VE INVESTED
IN THE BUSINESS. SO WHAT HAPPENS
WITH THE BILL FROM LAST YEAR AND
THE REFERENDUM WHICH, QUITE
FRANKLY. ANYWAY WHAT HAPPENS IN
TERMS OF GOING FORWARD? THE
VOTERS WILL DECIDE. BUT THIS IS
AN ELEMENT THAT IS NOT IN THAT
BILL. AND SO WE'RE DEALING WITH
ITS SEPARATE AND APART. ANY
OTHER QUESTIONS, COMMENTS,
SUMMARY REYES. THANK YOU. NOW
THIS JUST CALLED IN FOR JOINT
AND SEVERAL LIABILITY. AM I
CORRECT AS I THINK THAT WAS PART
OF YOUR TESTIMONY. SEVERAL
LIABILITY? YEAH I'M SORRY. YES
IT'S JOINT LIABILITY AND SEVERAL
LIABILITY. YES OKAY. AND I KNOW
IT'S DOUBLE REFERRED TO GET TO
SEE IT AGAIN IN JUDICIARY, AND
WE'LL GET TO LOOK AT THE LEGAL
ASPECTS OF IT. AND I UNDERSTAND
THAT THE FRANCHISE OR ONCE HE
WAS NOTIFIED, OR SHE IS NOTIFIED
OF THE VIOLATION, THEN THEY HAVE
TIME TO CURE CORRECT THE ALLEGED
VIOLATION CORRECT CORRECT. AND
IT SEEMS THAT IN THE END THIS IS
A PROTECTION FOR THE WORKERS. WE
DON'T WANT THE WORKERS TO BE IN
THE MIDDLE OF THE FRANCHISEE AND
FRANCHISOR AND THE EMPLOYEE BE
MADE WHOLE AS OPPOSED TO
SOMEBODY SAYING NO, IT'S A
FRANCHISOR. NO IT'S FRANCHISEE
EXAMPLE, RESPONSIBLE. BUT THE
EMPLOYEES ARE MADE WHOLE
CORRECT. CORRECT EXACTLY. AND
IT'S COMMON IN OTHER AREAS, TOO,
WHERE YOU NAME THE NAME BOTH AND
THE CURE IS VERY IT'S NOT IN A
LOT OF BILLS, SO THIS IS REALLY
UM AN IMPORTANT PART THAT THEY
HAVE THAT OPPORTUNITY. BUT IT'S
TOO YES. LET THEM DETERMINE
THEMSELVES EXACTLY. THANK YOU
WITH THAT I WOULD MOVE THE BILL.
SYRIA, SECOND. ANY OTHER
QUESTIONS OR COMMENTS FROM
MEMBERS AND SENATOR RAISES
CORRECT. I MEAN, THIS IS THE
FIRST COMMITTEE HEARING AND IT'S
ALL A WIDE GRIN FROM OUR
JUDICIARY CHAIR. THAT WAS AS THE
MOTION IS, DO YOU PASSENGER DISH
VERY. AND I THINK A NUMBER OF US
ALSO SERVED ON THAT COMMITTEE AS
WELL. BUT I THINK TO THE I THINK
A VERY APPROPRIATE QUESTION IN
THE SEMINARY CHAN REGARDING THE
REFERENDUM THAT THIS PIECE WAS
REMOVED IN AN EFFORT TO
COMPROMISE BY SOME MEMBER OF
HOLDING LAST YEAR, AND SO IT IS
KIND OF SEPARATED OUT EVEN FROM
THE ISSUES THAT INVOLVED THE
ALTHOUGH I KNOW THAT THE AUTHOR
DID THAT AN EFFORT TO TRY TO GET
COMPROMISED. THERE'S STILL THE
REFERENDUM WILL STILL PLACED ON
THE BALLOT. BUT THIS IS STILL
SEPARATE FROM THAT. AND I THINK
THAT YOU KNOW, ALTHOUGH WE HAVE
JURISDICTION OF THE LABOR
COMPONENT, I DO THINK THAT THE
LEGAL COMPONENT CLEARLY REIGNS
SUPREME ON THIS ISSUE. GIVEN
THAT I THINK WE'LL HAVE THE
OPPORTUNITY TO HAVE EVEN FURTHER
DISCUSSIONS AND INSIGHT. FROM
THE VERY CAPABLE JUDICIARY,
STAFF IT AND SHARE AS WELL. AND
SO, UM, AT THIS POINT, THE
RECOMMENDATION IS DO PASS THE
JUDICIARY TO ALLOW FOR THAT
FURTHER CONVERSATION THAT
FURTHER ANALYSIS. I DON'T KNOW.
UM I DO KNOW THAT WE HAVE AN
AUTHOR THAT IS CERTAINLY
AMENABLE TO COMPROMISE. I DON'T
KNOW ON AN ISSUE LIKE THIS AND
THAT WILL BE ABLE TO BE REACHED.
BUT TIME WILL TELL. AND I THINK
THAT THAT'S WHAT THAT'S WHAT
ALLOWS FOR THIS KIND OF
ITERATIVE PROCESS FOR US TO MOVE
FORWARD SO, BUT WE DO HAVE A
MOTION DO PASS THE JUDICIARY.
WOULD YOU LIKE TO CLOSE, MR
HOLDEN? I JUST THINK THE
COMMITTEE FOR ITS ANALYSIS AND
FOR THE COMMENTS TODAY AND WE
LOOK FORWARD TO THE NEXT
COMMITTEE TO CONTINUE TO
CONVERSATIONS AND MORE
SPECIFICALLY ON THE LEGAL
COMPONENTS, BUT CERTAINLY, AS
YOU POINTED OUT, UM I ALWAYS MM.
AMENABLE. BUT I WILL SAY. ONCE
BURNED, YOU KNOW. UM AND I TRY
IN GOOD FAITH. TO BALANCE AND
UNDERSTAND AND HEAR THE
CONCERNS. AND I SHOW THAT. AND
SO IT'S REALLY WHEN YOU HAVE
WORKERS WHO HAVE A REAL
PROBLEMS, AND I'M NOT SAYING ALL
FRANCHISEES. CREATE THESE
PROBLEMS. WE HAVE TO EXEMPLARY
FRANCHISEES IN FRONT OF US. BUT
NOT ALL ARE LIKE THAT. AND WE
HAD WORKERS. MANY OF WHOM ARE
HERE TODAY WHO WERE SLEEPING OUT
IN THE PARK LAST YEAR. TO MAKE
SURE THIS PROCESS THAT THEY WERE
HEARD. BECAUSE THEY WERE DEALING
WITH REAL ISSUES. AND SO FOR
THAT BILL TO GO FORWARD THROUGH
THE PROCESS. FOR US TO TAKE OUT
A VERY IMPORTANT COMPONENT OF
THE BILL. WITH THE EXPECTATION
THERE WOULD BE MOVING FORWARD.
IN A WAY TO GET SOMETHING THAT
WOULD BE RESPONSIVE TO THOSE WHO
WERE SEEKING THE PETITION. OF
THE REPRESENTATIVES FOR THEM AS
WELL. AND SO HERE WE ARE TODAY.
WITH THAT BILL, BASICALLY. IN
THE PENALTY BOX. UNABLE TO BE.
IMPLEMENTING THE VERY IMPORTANT
THINGS THAT THESE PEOPLE HAVE
BEEN LOOKING FOR. SO WE'RE NOW
DEALING WITH THIS PIECE BECAUSE
THIS IS STILL AN ISSUE. AND I
THINK THIS IS A FAIR CURE PERIOD
FAIR. TO ALLOW FOR THERE TO BE A
CURE. AND TO GIVE EVERYONE AMPLE
OPPORTUNITY TO REACH THAT, AND
TO MAKE SURE THAT THE WORKERS
ARE WORKING IN AN ENVIRONMENT
WHERE THEY'RE SAFE. AND THEY
HAVE THE PROTECTIONS THAT THAT
THEY REQUIRE SO I RESPECTFULLY
ASK FOR YOUR VOTE. THANK YOU,
MADAM SECRETARY. CALL THE ROLL
ON A B THE VOTE FOR A B 12 28.
MOTION IS DUE PASS TO JUDICIARY
COMMITTEE. CHOLERA CHOLERA I,
FLORA CHEN CHEN NO, HANEY. ANY I
ORTEGA RAISE I RAISE AWARD.
UNCLE SO THAT BILL WILL BE
PLACED ON CALL. WAIT SOME
MEMBERS. THANK YOU ALL VERY
MUCH.
ABSOLUTELY THANK YOU. RIGHT MR
JUDICIARY CHAIR. YEAH. YOU KNOW
, IT'S ALWAYS GOOD TO SEE THE
FUTURE BEFORE YOUR EYES COMING,
COMING COMING ATTRACTIONS AS
THEY SAY, MR MAIENSCHEIN,
WHENEVER YOU'RE READY I THINK
THERE'S 85 94, BY THE WAY, THANK
YOU VERY MUCH. MR. CHAIR AND
MEMBERS. MAYBE 594 WILL EXPAND
AND STRENGTHEN THE TOOLS
AVAILABLE TO PUBLIC ENFORCEMENT
AGENCIES TO PROTECT WORKERS FROM
LABOR LAW VIOLATIONS AND PROTECT
RESPONSIBLE EMPLOYERS FROM
UNFAIR COMPETITION, DESPITE THE
BEST EFFORTS OF THE LABOR
COMMISSION AND LOCAL AGENCIES,
ENFORCEMENT OF LABOR LAW
VIOLATIONS IS INADEQUATE TO MEET
THE NEEDS OF CALIFORNIA'S
IMMENSE WORKFORCE. WAGE THEFT IS
WIDESPREAD IN CALIFORNIA AND IS
PARTICULARLY EGREGIOUS AND LOW
WAGE INDUSTRIES IN 2021, ALMOST
19,000 WORKERS FILED CLAIMS,
WITH THE LABOR COMMISSIONER,
ADDING UP TO MORE THAN $338
MILLION IN LOST WAGES. COMPANIES
CONTINUE TO DEVELOP MORE
SOPHISTICATED WAYS TO EVADE
ACCOUNT ACCOUNTABILITY FOR LABOR
LAW VIOLATIONS. THESE TECHNIQUES
MAKE THE ALREADY BACKLOGGED WAGE
CLAIM PROCESS EVEN MORE
COMPLICATED AND TIME INTENSIVE.
IT IS ESSENTIAL WE MAXIMIZE THE
TOOLS AVAILABLE TO PUBLIC
ENFORCEMENT AGENCIES TO GIVE
WORKERS ACCESS TO JUSTICE AND
HOLD COMPANIES THAT BREAK THE
LAW ACCOUNTABLE. 85 94 EXPANDS
PUBLIC ENFORCEMENT IN THE
FOLLOWING WAYS IT BRIAN'S THE
AUTHORITY OF DISTRICT AND CITY
ATTORNEYS TO ENFORCE LABOR LAWS
AND SEEK INJUNCTIVE RELIEF TO
STOP VIOLATIONS. CLARIFIES THAT
PUBLIC ENFORCEMENT AGENCIES ARE
NOT BOUND BY ARBITRATION
AGREEMENTS SIGNED BY INDIVIDUAL
WORKERS AND AUTHORIZES THE LABOR
COMMISSIONER TO ISSUE PENALTIES
FOR WILLFUL MISCLASSIFICATION IN
THE WAGE CLAIM PROCESS. WE
APPRECIATE ENGAGEMENT BY
STAKEHOLDERS AS WE CONTINUE
WORKING ON THIS BILL MOVING
FORWARD, WE WILL BE NARROWING
THE BILL BY REMOVING THE LABOR
COURT. CODE DIVISIONS THAT APPLY
TO WORKERS COMPENSATION AND
WORKPLACE SAFETY, WHICH ARE
SPECIALIZED SECTIONS OF THE
LABOR CODE. WE ALSO INTEND TO
WORK WITH OUR FRIENDS IN THE
BUILDING AND CONSTRUCTION
SECTORS TO ENSURE COLLECTIVE
COLLECTIVE BARGAINING AGREEMENTS
ARE NOT IMPACTED. THIS IS AN
IMPORTANT MEASURE TO PROTECT
WORKERS AND RESPECTFULLY REQUEST
YOUR I VOTE WITH ME TO TESTIFY
AND SUPPORTER CAITLIN VEGA WITH
A CALIFORNIA LABOR FEDERATION
AND RUTH SILVER TODD, DIRECTOR
OF THE WAGE THEFT COALITION OF
SANTA CLARA COUNTY AND A
PROFESSOR AT SANTA CLARA LAW
SCHOOL. THANK YOU, MR CHAIR AND
MEMBERS CAITLIN VEGA FOR THE
CALIFORNIA LABOR FEDERATION.
PROUD TO SPONSOR THIS
LEGISLATION. THIS COMMITTEE HELD
A HEARING SEVERAL MONTHS AGO ON
THE ISSUE OF ENFORCEMENT, AND I
THINK WE ALL AGREE THAT WHILE
CALIFORNIA HAS MANY OF THE
STRONGEST AND MOST PROTECTIVE
LABOR LAWS, WE HAVE A PROBLEM
WITH ENFORCEMENT. WE JUST HEARD
ON THE LAST BILL STORIES FROM
FAST FOOD WORKERS ABOUT ALL OF
THE KINDS OF LABOR LAW
VIOLATIONS THAT THEY ARE FACING
. WE HEAR THAT OVER AND OVER IN
SO MANY DIFFERENT INDUSTRIES. WE
KNOW THAT WE HAVE TO COME UP
WITH NEW STRATEGIES AND NEW THE
TOOLS TO MAKE SURE THAT THE
IMPORTANT LABOR LAWS THAT GET
ENACTED IN THE STATE ARE
ACTUALLY MEANINGFUL BECAUSE THEY
CHANGE WORKERS' LIVES. WORKERS
HAVE THE ABILITY TO GET JUSTICE
WHEN THEIR RIGHTS ARE VIOLATED.
THAT'S WHAT THIS BILL SEEKS TO
DO. IT SEEKS TO GIVE WORKERS
MORE OPTIONS WHEN THEIR RIGHTS
HAVE BEEN VIOLATED TO SEND A
MESSAGE TO ABUSIVE EMPLOYERS
THAT THERE WILL BE CONSEQUENCES
THAT THEY CAN'T COUNT ON AN
OVERBURDEN AND UNDERFUNDED
SYSTEM OR ABUSE. THE COURT
APPEALS PROCESS TO CAUSE DELAYS
TO PREVENT JUSTICE. UM BUT ALSO
ENFORCEMENT IS REALLY IMPORTANT
TO RESPONSIBLE EMPLOYERS THAT
FOLLOW THE LAW, INCLUDING MOST
UNION EMPLOYERS. WE CAN EXPECT
EMPLOYERS, ESPECIALLY THOSE THAT
HAVE TO COMPETE FOR COMPETITIVE
BIDS TO GO TO ALL THE LINKS
REQUIRED TO FOLLOW THE LAW
WITHOUT HOLDING THOSE THAT
UNDERCUT THEM ACCOUNTABLE. AND
SO WE THINK THIS BILL STRENGTH
AND STRENGTHENS ENFORCEMENT IN
MANY IMPORTANT WAYS AND ASK FOR
YOUR VOTE. THANK YOU. MY NAME IS
RUTH SILVER. TOBA AND I
SUPERVISE THE EMPLOYMENT LAW
PRACTICE, INCLUDING A WORKER'S
RIGHTS CLINIC AT THE ALEXANDER
COMMUNITY LAW CENTER AT SANTA
CLARA UNIVERSITY LAW SCHOOL, AND
I'M ALSO SUPERVISOR OF THE LEGAL
ADVICE LINE OF OUR COUNTY. EVERY
DAY I SEE LOW WAGE WORKERS AT
THE CLINIC AND WORKERS WHO
CALLED THE LEGAL ADVICE LINE.
WHO HAVE HAD WAGES STOLEN BEEN
MISCLASSIFIED FACED RETALIATION
AND A HOST OF OTHER EMPLOYMENT
LAW VIOLATIONS. WE KNOW THAT
EXISTING RESOURCES FOR
EMPLOYMENT ARE TOTALLY
INADEQUATE. MAYBE 594 CREATES
NEW TOOLS TO PROTECT WORKERS. IT
EXPANDS THE AUTHORITY OF LOCAL
PUBLIC PROSECUTORS TO ENFORCE
LABOR LAWS. THIS GIVES WORKERS
ANOTHER AVENUE TO BRING CLAIMS
IT EXPANDS INJUNCTIVE RELIEF FOR
PUBLIC PROSECUTORS. SO WE CAN
ACTUALLY STOP VIOLATIONS FROM
CONTINUING IT CLARIFIES THAT THE
LABOR COMMISSIONER CAN ISSUE
CITATIONS FOR WILLFULNESS
CLASSIFICATION. WHEN WORKERS
BRING CLAIMS. THIS IS REALLY
IMPORTANT. THIS HELPS TO
STREAMLINE THE PROCESS AND
ENSURE THAT THE WORST VIOLATORS
FACE PENALTIES. THE BILL ALSO
ADDRESSES THE CHALLENGES FACED
BY PUBLIC PROSECUTORS WHEN THEY
SEEK TO ENFORCE THE LAW. AND THE
COMPANY CLAIMS THE PUBLIC AGENCY
IS BOUND BY AGREEMENTS WITH
INDIVIDUAL WORKERS TO WAIVE
RIGHTS ENFORCEMENT AGENCIES MUST
BE ABLE TO PROCEED IN HOLDING
VIOLATORS ACCOUNTABLE WITHOUT
REGARD TO ANY UNDERLYING WAIVERS
BY INDIVIDUAL WORKERS. I WISH
YOU ALL COULD HEAR DIRECTLY FROM
THE WORKERS. I TALKED TO EVERY
DAY ABOUT HOW EMPLOYMENT LAW
VIOLATIONS HAVE DISRUPTED THEIR
LIVES COST SIGNIFICANT FINANCIAL
HARDSHIP AND EVEN IMPACTED THEIR
PHYSICAL AND MENTAL HEALTH. IT'S
ESSENTIAL THAT WE STRENGTHEN THE
TOOLS AVAILABLE TO WORKERS AND
ENFORCEMENT AGENCIES TO SEEK
JUSTICE. THAT'S EXACTLY WHAT A
BEE 594 SEEKS TO DO. THANK YOU.
THANK YOU. ANYONE ELSE HERE IN
SUPPORT OF 85 94. VERY COOL
YOSHIHARA ON BEHALF OF THE
CALIFORNIA EMPLOYMENT LAWYERS,
ASSOCIATION AND SUPPORT THANK
YOU. JAMES MICHAEL POWER WITH
THE AMERICAN FEDERATION OF STATE
COUNTY MUNICIPAL BOYS ASKED ME
IN FULL SUPPORT. THANK YOU. I'M
REALLY ROSENBERG S E I U AND
SUPPORT. THANK YOU. JESSICA
CENTER, THE GUARDS, ADVOCATES
AND SUPPORT THANK YOU. MATT
BROWN WITH THE TEAMSTERS UNITE
HERE, MACHINISTS 80 U. E S C AND
UTILITY WORKERS AND SUPPORT
THANK YOU. MARK SHOCKED WITH
CALIFORNIA WORLD LEGAL
ASSISTANCE FOUNDATION AND
SUPPORT THANK YOU. SAMANTHA
GORDON WITH TECH EQUITY,
COLLABORATIVE AND SUPPORT. THANK
YOU. THANK YOU. MR CHAIRMAN,
COMMITTEE MEMBERS LOUIS COSTA,
WITH THE CALIFORNIA STATE
LEGISLATIVE BOARD OF THE SHEET
METAL, AIR, RAIL AND
TRANSPORTATION WORKERS. SMART
TRANSPORTATION DIVISION IN
SUPPORT. THANK YOU. GOOD
AFTERNOON, MR CHAIR COMMITTEE
MEMBERS, NICOLE TO HEAR RICE
WITH THE CALIFORNIA STATE
BUILDING CONSTRUCTION TRADES
COUNCIL AND SUPPORT. THANK YOU.
GOOD AFTER GOOD AFTERNOON
COMMITTEE CHAIR AND
ASSEMBLYMEMBER'S I'M GREG
HARTMANN WITH THE ELEVATOR
CONSTRUCTORS LOCAL EIGHT AND WE
SUPPORT THANK YOU. MR CHAIRMAN.
I'M A TWEENER. I WASN'T SUPPORT
BUT WITH THE STATEMENT OF THE
AUTHOR WANT TO VOICE MY CONCERNS
ABOUT THE AMENDMENT THAT'S BEING
PROPOSED. I WANT TO MAKE SURE
THAT MY UNIONS WANT TO MAKE SURE
THAT OUR MEMBERS HAVE THE RIGHT
TO FILE SUIT. AND IF ANOTHER
UNION INCLUDES IT IN THEIR
COLLECTIVE BARGAINING AGREEMENT.
BUT THAT DOESN'T PRECLUDE MY
WORKERS WHO MAY BE WORKING FOR
THAT CONTRACTOR TO BE ABLE TO
PURSUE THEIR RIGHTS UNDER THE
BILL. SO WITH THAT I'M GOING TO
WITHDRAW MY SUPPORT AND WORK
WITH THE AUTHOR. THANK YOU. GOOD
AFTERNOON, EVERYONE MARIE LOPEZ
WITH THE CALIFORNIA NURSES
ASSOCIATION IN SUPPORT. THANK
YOU. ANYONE ELSE IN SUPPORT.
WHAT OPPOSITION.
GOOD AFTERNOON, MR CHAIR AND
MEMBERS ACTUALLY HALF AND ON
BEHALF OF THE CALIFORNIA CHAMBER
OF COMMERCE IN RESPECTFUL
OPPOSITION. I DO WANT TO THANK
THE AUTHOR STAFF FOR HAVING
CONVERSATIONS WITH US ABOUT THE
BILL, AND WE REALLY DO
APPRECIATE THE AMENDMENTS THAT
WILL BE NARROWING THE SCOPE OF
THE LABOR CODE THAT THIS WILL
APPLY TO, UM, ENFORCEMENT IS
EXTREMELY IMPORTANT TO US. WE
JUST HAVE SOME CONCERNS ABOUT
SOME OF THE APPROACHES IN THIS
BILL RELATED TO PUBLIC
PROSECUTORS. THE FIRST IS
CONCERNED OF DOUBLE RECOVERY AND
DOUBLE LITIGATION OF ISSUES. UM
SO UNDER THE BILL, ESSENTIALLY
IF PROSECUTOR WAS TO
SUCCESSFULLY, UM SEEK, YOU KNOW
, OLD WAGES OR PENALTIES, WHAT
HAVE YOU FROM A BUSINESS OR IF
THEY WERE TO SETTLE A CASE AND
WITH ON BEHALF OF CERTAIN
EMPLOYEES, THERE'S REALLY
NOTHING IN THE BILL THAT WOULD
ACTUALLY PROHIBIT. THEN THAT'S
EMPLOYEE WHO SIGNED A RELEASE OR
IT WAS PART OF THAT SETTLEMENT.
WHAT HAVE YOU FOR BRINGING UP
PAIGE A LAWSUIT? THERE'S A LOT
OF CASES. LAW ABOUT HOW POCKET
IS SEEN AS A CASE FILED ON
BEHALF OF THE STATE. SO EVEN
WHERE A WORKER HAS SETTLED THEIR
INDIVIDUAL CLAIMS, OR HAS BEEN
ACTUALLY DEEMED TO NOT HAVE A
VALID CLAIM IN ANOTHER FORUM CAN
CONTINUE TO SERVE AS A PACK OF
PLAINTIFF. SECOND RELATED TO
PUBLIC PROSECUTORS. WE HAVE HAD
SOME OTHER ISSUES IN AREAS OF
THEIR LAW, WITH CERTAIN
PROSECUTORS ENFORCING LAWS
DIFFERENTLY THAN OTHERS IN
DIFFERENT COUNTIES INTO THE
POINT ABOUT EXISTING AUTHORITY
THAT I BELIEVE WAS RAISED IN THE
ANALYSIS. YES SOME DÍAS AND SAY
ATTORNEY USED TO HAVE THE RIGHT
TO COVER SOME OF THE LABOR CODE
PRESENTLY, BUT IT'S A VERY SMALL
SECTION AND A LOT OF WHAT WE
WOULD BE DEALING HERE. OUR
SECTIONS OPEN TO A LOT MORE
INTERPRETATION, LIKE OVERTIME
EXEMPTIONS. REIMBURSEMENT OF
BUSINESS EXPENSES. RETALIATION
CLAIMS, COERCION, OTHER ISSUES,
AND THERE HAVE BEEN MULTIPLE
PROPOSALS ACTUALLY TO HAVE LOCAL
ENFORCEMENT OF FEE. HA THOSE
HAVE UNDERGONE SIGNIFICANT
AMENDMENTS ARE ACTUALLY BEEN
REJECTED BY THE LEGISLATURE DUE
TO CONCERNS RAISED NOT ONLY BY
THIS LEGISLATURE BUT ALSO A
WORKING GROUP ABOUT POTENTIAL
CONFLICTS RELATED TO CONFLICTING
OR DUPLICATION OF WORK. IN FACT,
THERE IS AN EXISTING BILL
PENDING ON THAT ISSUE, AND IT
WAS SIGNIFICAN EARLY AMENDED FOR
THOSE REASONS BY THE SENATE
JUDICIARY COMMITTEE. THANK YOU.
THANK YOU ANYONE ELSE HERE IN
OPPOSITION? TO A B 5 94. MR
CHAIR BEN HAVE BEEN COMING AFTER
THE CALIFORNIA LEAGUE OF FOOD
PRODUCERS AND OPPOSITION. THANK
YOU. LAWRENCE GAINING ON BEHALF
OF THE CALIFORNIA MANUFACTURING
TECHNOLOGY ASSOCIATION IN
OPPOSITION. THANK YOU. THANK
YOU. NICK CHAPPY ON BEHALF OF
THE CALIFORNIA TRUCKING
ASSOCIATION AND OPPOSITION.
THANK YOU. THANK YOU. BRIAN
LITTLE CALIFORNIA FARM BUREAU,
FEDERATION AND OPPOSITION. THANK
YOU. THANK YOU. ANYONE ELSE IN
OPPOSITION? WILL BRING IT BACK
TO THE COMMITTEE. QUESTIONS.
THOUGHTS, EMOTIONS. I WILL.
SECOND IT AND, UM I'LL JUST I
THINK THIS IS SUCH AN IMPORTANT
BILL. YOU KNOW? IN THE YEARS
THAT CERTAINLY I'VE BEEN CHAIR
OF LABOR HAD NUMEROUS UM,
CONVERSATIONS AND STRATEGY
SESSIONS TRYING TO FIGURE OUT
HOW THE LABOR COMMISSIONER CAN
POSSIBLY SPEED UP AND DO MORE OF
WHEN THEY'RE SO UNDER RESOURCED
. AND I KNOW THERE ARE A LOT OF
REALLY EFFECTIVE UM PROSECUTORS
, ATTORNEYS, THE ATTORNEYS
COUNTY COUNCILS THAT ARE MORE
THAN HAPPY TO TAKE ON THIS
RESPONSIBILITY, AND I KNOW THAT
YOU KNOW, ON THE ONE HAND UM, NO
OPPOSITION WILL SAY, WELL, THEY
ALREADY HAVE. SOME OF THIS
AUTHORITY, ON THE OTHER HAND,
SAYS THAT WELL, IT WILL READ IT.
CONSISTENT RESULTS AND REALITY
IS RIGHT NOW WE'RE NOT GETTING
ANY RESULTS BECAUSE WE'RE NOT
GIVING THE AUTHORITY AND TO OUR
LOCAL JURISDICTIONS. AND SO I
THINK THIS IS AN INCREDIBLY
IMPORTANT. I WOULD LOVE TO BE
ADDED ON AS A CO AUTHOR, AND I
APPRECIATE THE AUTHOR FOR
BRINGING THIS FORWARD. WOULD YOU
LIKE TO CLOSE YOU VERY MUCH, MR
CHAIR AND MEMBERS. I AGREE. I
THINK THIS IS IMPORTANT BILL. I
THINK THIS ADDS SOME REAL
ENFORCEMENT ABILITIES ABILITIES
TO WHAT IS A VERY REAL LARGE AND
GROWING PROBLEM IN CALIFORNIA,
SO I'M PLEASED. THEY WERE ABLE
TO PRESENT THIS TO YOU TODAY,
PLEASED WITH ALL THE WORK THAT
THAT THE SPONSORS HAVE DONE TO
HELP MOVE THIS THROUGH THE
PROCESS. WE'RE CERTAINLY GOING
TO CONTINUE TO WORK WITH WITH
THE CHAMBER AND MR WINCH AND
OTHERS WHO HAVE ISSUES WITH THE
BILL AS WE MOVE THIS FORWARD,
BUT I THINK THIS IS A VERY
IMPORTANT STEP. AN IMPORTANT
RESOURCE FOR WORKERS UP AND DOWN
OUR STATE. AND WITHOUT A GREAT
QUESTION I VOTE. THE
RECOMMENDATION IS DO PASS THE
JUDICIARY'S YOU'LL CERTAINLY
HAVE MORE OPPORTUNITY TO WORK ON
THESE ISSUES AND WORK WITH THE
OPPOSITE. MISSION AND THOSE WHO
HAVE CONCERNS. MADAM SECRETARY
FROM CALL THE ROLL ON THE VOTE
FOR 85 94. MOTION IS DUE PASS TO
JUDICIARY COMMITTEE. CHOLERA,
CHOLERA I FLORA CHEN. HANEY.
HANEY I ORTEGA RAISE WARD.
ALRIGHT, SO THAT WILL BE PLACED
ON CALL. THANK YOU. RIGHT THERE.
UP NEXT WE HAVE A B 7 47
MCCARTY. WHENEVER YOU'RE READY
TO TAKE YOUR TIME AND GET
SETTLED IN.
JONES WAS TRUE. 200 YEAR OLD
CHAIRS. THANK YOU. THANK YOU, MR
CHAIR. I'M PLEASED TO PRESENT A
B 7 47. THIS UH IS RELATED TO
THE ISSUE OF NON COMPETE
AGREEMENTS, WHICH I KNOW
PROBABLY YOU AND PEOPLE IN THE
LABOR COMMUNITY ARE WELL AWARE
OF I PERSONALLY WASN'T QUITE AS
AWARE OF THEM. I'M SURE THE
PUBLIC ISN'T AWARE OF THEM AS
WELL. PRESIDENT BIDEN MENTIONED
THIS IN HIS STATE OF THE UNION
ADDRESS. A FEW UM MONTHS AGO,
AND I THINK IT'S TOO. IT'S A
SHOCK TO MANY PEOPLE ACROSS
CALIFORNIA. THESE AGREEMENTS
WHILE UNLAWFUL OR UNFORTUNATELY
INSERTED INTO MANY OF OUR
EMPLOYER CONTRACTS, TRAPPING
EMPLOYEES, AND THESE HAVE BEEN
UNENFORCEABLE FOR OVER 100 YEARS
, BUT THEY CERTAINLY ARE STILL
THERE. THEY HAVE A CHILLING
IMPACT ON OUR WORKFORCE AND OUR
ECONOMY. ONE IN FIVE WORKERS IS
BOUND BY THESE NON COMPETE
CLAUSES. UM AND THEY STIFLE
ENTREPRENEURISM. I WAS I JUST
WAS LEARNING EARLIER TODAY THAT
ONE OF THE REASONS THAT SILICON
VALLEY THRIVE IS BECAUSE THEY
DIDN'T HAVE THESE PEOPLE COULD
GO ON AND FOCUS ON OTHER OTHER
OPPORTUNITIES. ECONOMISTS SHOW
THAT THIS IMPACTS OUR ECONOMY AS
WELL, UH, COLLECTIVELY IMPACTING
WORKERS INCOME BY 250 BILLION
PLUS NATIONWIDE. IMPACTS THINGS
LIKE THE HEALTH CARE SECTOR
CONSUMER PRICES. THIS IS A
REALLY COMMON SENSE BILL THAT
CREATES ENFORCEMENT MECHANISM
FOR THESE NON COMPETE CLAUSES,
WHICH EMPLOYERS AND LEGAL
COUNSEL UNFORTUNATELY, CONTINUE
TO USE TO DC EVEN, UNFORTUNATELY
, MANIPULATE UNDERMINE WORKERS'
STATE BAR OF CALIFORNIA IS AN
AGREEMENT THAT THESE PROVISIONS
SHOULD NOT BE USED. IT'S ALSO
IMPORTANT TO AGAIN REITERATE
THAT THESE IMPACT ALL OF US, NOT
JUST THE WORKERS WHO ARE UNDER
THESE, BUT, UH, CONSUMER CHOICES
, COMPETITION, INNOVATION AND SO
FORTH WITH ME TODAY ARE
REPRESENTATIVES FROM THE
AMERICAN ECONOMIC LIBERTIES
PROJECT, AS WELL AS THE
CALIFORNIA NURSES ASSOCIATION.
THANK YOU. THANK YOU. THANK YOU
. CHAIR, CAMERA AND COMMITTEE
MEMBERS. MY NAME IS MARIA LOPEZ,
LEGISLATIVE ADVOCATE FOR THE
CALIFORNIA NURSES ASSOCIATION.
ON BEHALF OF THE MORE THAN
100,000 REGISTERED NURSES IN OUR
STATE. WE ARE PROUD SPONSOR OF A
B 747 AND THANK ASSEMBLYMEMBER'S
MCCARTY FOR AUTHORING THIS
IMPORTANT BILL TO PROTECT NURSES
IN ALL WORKERS IN CALIFORNIA. WE
ALSO THANK CHAIRMAN CHOLERA FOR
HIS PAST LEADERSHIP ON A B 25 88
, WHICH WAS A BILL THAT ENSURES
WORKERS TO WHO PROVIDED TO
DIRECT PATIENT CARE. INCLUDING
NURSES ARE PROTECTED FROM
REPAYING EMPLOYER MANDATED
TRAINING. A B 747 WOULD BAR ALL
WORKPLACE DEPTH CONTRACTS FOR
ALL WORKERS WERE EMPLOYERS FACE
FORCE WORKERS TO REPAY IN
ALLEGED DEBT IF THEY QUIT OR
FIRED FOR NURSES. THESE EMPLOYER
DEBT CONTRACTS ARE OFTEN TIED TO
MINIMUM MINIMUM WORK PERIODS OF
WORK AND IF A NURSE QUITS BEFORE
THE END OF THE CONTRACT PERIOD,
THE NURSE IS REQUIRED TO PAY.
THE COST OF THE ALLEGED DEBT OR
BE FINANCIALLY PENALIZED, AND
SOME NURSES TODAY FACE THREATS
OF COLLECTION FROM THEIR
EMPLOYER OR THIRD PARTY DEBT
COLLECTORS WHEN THEY TRY TO GET
A BETTER JOB OR BETTER PAY
ELSEWHERE. NURSES IN EMPLOYER
DEATHTRAPS REPORT BEING LOCKED
IN THE JOB FOR YEARS WITH UNSAFE
WORKING CONDITIONS. UM FOR
THEMSELVES AND THEIR PATIENTS
LOCKED IN LOW WAGES, OR EVEN
KEPT OUT OF A UNION OR ELSE I
HAVE TO PAY A SUBSTANTIAL
PENALTY, SOMETIMES IN THE
THOUSANDS OF DOLLARS LAST YEAR
IN THE SURVEY OF NEARLY 1700
NURSES NATIONWIDE, 19% OF NURSES
WHO TOOK THE SURVEY REPORTED
THAT THEY WERE REQUIRED TO ENTER
INTO A RE TRAINING REPAYMENT
CONTRACT AS A CONDITION OF THEIR
EMPLOYMENT RIGHT NOW, NURSES IN
CALIFORNIA ARE STILL BEING
FORCED INTO THESE TYPES OF
EMPLOYER DEATH TRAPS IN ORDER TO
GET OR KEEP A JOB. SOMETIMES
THAT CHOPS ARE BURIED IN PILES
OF ANDREW ONBOARDING PAPERWORK.
TRAINING REPAYMENT CONTRACTS ARE
JUST THE TIP OF THE ICEBERG.
NURSES ALSO EXPERIENCED OTHER
COUNTS OF EMPLOYER DEATHTRAPS,
FOR EXAMPLE, SO CALLED HIRING
BONUSES. THEY'RE ACTUALLY LOANS
THAT LOCKED THEM INTO A JOB FOR
YEARS OR CONTRACTS THAT
IMMIGRANT NURSES ARE FORCED TO
SIGN TO REPAY ALLEGED COSTS OF
INTERNATIONAL RECRUITMENT. THEY
SEEK EMPLOYMENT ELSEWHERE. SO WE
ASK THAT YOU PROTECT HELPER
NEUROSES AND PATIENTS AND MAKE
ALL EMPLOYER DEBT TRAPS AND
LAWFUL SO THAT NO ONE WOULD BE
FORCED TO WORK BECAUSE THEIR
EMPLOYER TRAPS HIM THROUGH DEBT.
THANK YOU. THANK YOU. THANK YOU.
CHAIR CHOLERA AND THANK YOU.
COMMITTEE MEMBERS. LEE HEPNER.
I'M LEGAL COUNSEL FOR THE
AMERICAN ECONOMIC LIBERTIES
PROJECT. WE ARE A NONPROFIT AND
NONPARTISAN ORGANIZATION THAT
FIGHTS CONCENTRATED ECONOMIC
POWER TO ENSURE FREE AND FAIR
OPPORTUNITY FOR ALL. I ALSO WANT
TO THANK MY COLLEAGUE MS LOPEZ
FROM THE CALIFORNIA NURSES
ASSOCIATION, WHO SPOKE ABOUT
TRAINING REPAYMENT AGREEMENT
PROGRAMS. WHEN I SPEAK ABOUT NON
COMPETES TODAY, I'M ALSO
SPEAKING ABOUT VARIOUS OTHER
CONTRACTS THAT RESTRAINED WORKER
MOBILITY THAT ARE REFERENCED IN
THIS BILL. WE KNOW ABOUT THE
HARM IN THE HEALTHCARE INDUSTRY
AND HOW THAT IMPACTS NURSES HOW
THAT IMPACTS PATIENT CARE. WE
ALSO KNOW ABOUT THE HARM CAUSED
BY NON COMPETES IN OTHER WORKER
RESTRAINTS ACROSS INDUSTRIES.
EVEN BEFORE THE FEDERAL TRADE
COMMISSION ANNOUNCED ITS
PROPOSED RULES TO BAN THESE
CLAUSES NATIONWIDE, WE'VE HEARD
STORIES ABOUT THE HARM TO
WORKERS IN MEDIA AND NEWS, THE
TECH INDUSTRY, RETAIL AND
RESTAURANTS, PROFESSIONAL SPORTS
. WE'VE HEARD STORIES ABOUT
HAIRSTYLISTS WHO WON'T GIVE
HAIRCUTS TO THEIR FAMILY.
MEMBERS FOR FEAR OF VIOLATING A
NON COMPETE CLAUSE, WHICH VERGES
ON THE ABSURD. NON COMPETE
AGREEMENTS DEPRIVED WORKERS OF
THE ABILITY TO SEEK ALTERNATE
EMPLOYMENT AND BETTER PAY AND
WORKING CONDITIONS ACROSS THE
COUNTRY. 30 MILLION WORKERS ARE
SUBJECT TO NON COMPETE
AGREEMENTS THAT STUDIES ESTIMATE
AS THE ASSEMBLYMEMBER'S NOTED,
DEPRIVED WORKERS OF $300 BILLION
PER YEAR AND PAY. CALIFORNIA IS
ONE OF THREE STATES WITH A LAW
ON THE BOOKS THAT WERE 150 YEARS
HAS DEEMED THESE AGREEMENTS VOID
AND UNENFORCEABLE, BUT WE KNOW
THAT THEY ARE STILL INSERTED
INTO EMPLOYMENT CONTRACTS IN
NOVEMBER OF LAST YEAR, STATE
ATTORNEY GENERAL BANTA RELEASED
AN ADVISOR THREE STATING THAT
THEY ARE ROUTINELY INCLUDED IN
EMPLOYMENT CONTRACTS,
PARTICULARLY AS TO LOW WAGE
WORKERS AND HOW THEY QUOTE
TREMENDOUS EFFECT ON DETERRING
WORKERS FROM SEEKING BETTER PAY
AND WORKING CONDITIONS. THESE
AGREEMENTS ARE BAD FOR SMALL
BUSINESSES TO STUDIES ESTIMATE
THAT IF NON COMPETES ARE BANNED
NEW BUSINESS FORMATION DOUBLES
THE INVERSE OF THAT IN
JURISDICTIONS WHERE NON COMPETES
HAVE BEEN ENFORCED MORE
AGGRESSIVELY. NEW BUSINESS
FORMATION ACTUALLY DECLINES. UM
SO THESE ARE ACTUALLY GOOD FOR
SMALL BUSINESSES AND
ENTREPRENEURS AND WORKERS WHO
ARE SEEKING TO START THEIR OWN
VENTURES. THERE ARE CURRENTLY AT
LEAST 19 OTHER STATES PURSUING
SOME FORM OF REGULATION OF THESE
AGREEMENTS. CALIFORNIA'S BILL IS
AT THE VANGUARD FOR RESTRICTING
THEM. I THIS IS A PRO WORKER,
BILL. IT IS A PRO BUSINESS BILL.
I'M HAPPY TO ANSWER QUESTIONS
EITHER HERE OR OFFLINE AND THANK
YOU FOR YOUR SUPPORT. THANK YOU
VERY MUCH. ANYONE ELSE HERE IN
SUPPORT OF A B 7 47. VERY GOOD
YOSHIHARU ON BEHALF OF THE
CALIFORNIA EMPLOYMENT LAWYERS
ASSOCIATION, ARE LAWYERS SEE
THESE CLAUSES STILL ALL THE
TIME. WE'RE IN STRONG SUPPORT.
JESSICA STANDARD ON BEHALF OF
EQUAL RIGHTS ADVOCATES AND
SUPPORT. THANK YOU. SAMANTHA
GORDON WITH TECH EQUITY,
COLLABORATIVE AND SUPPORT. THANK
YOU. THANK YOU. CAITLIN BAKER
FOR THE CALIFORNIA LABOR
FEDERATION. ALSO HERE IN
SUPPORT. THANK YOU. ALRIGHT UM,
ANYONE HERE IN OPPOSITION,
PLEASE APPROACH THE TABLE OF
YEAH. SO YOU CAN. YOU CAN MAKE
SOME SPACE. UM, WHEN YOU DO A
COUPLE OF CHAIRS, THANK YOU.
GOOD AFTERNOON. GOOD AFTERNOON,
MR CHAIR. SORRY ABOUT THAT. OKAY
YEAH. THIS ISN'T MOVING AND THAT
SORRY, AND I DIDN'T WANT TO
SWIPE THE MICROPHONE FROM THE
ANYWAYS. UH CHRIS MCCALLION
RESPECTFUL OPPOSITION HOLLYWOOD
CHAMBER, AMONG OTHERS. I WANTED
TO DRAW THE COMMITTEE'S
ATTENTION TO THE ENFORCEMENT
PROVISIONS OF THIS BILL. THE
FIRST IS IN ADDING A PAGE SEVEN
AND SECTION FIVE OF THE BILL.
WE'RE ADDING A NEW PROVISION TO
THE BUSINESS AND PROFESSIONS
CODE WITH A MINIMUM STATUTORY
PENALTY OF $5000 PER EMPLOYEE.
THERE'S NO JUDICIAL DISCRETION.
THERE'S NO VARIATION FOR SIZE OF
EMPLOYER. OR ANYTHING. AND THEN
THAT'S IN B ONE, AND THEN IN B
TWO PRIVATE RIGHT OF ACTION,
WHICH, OF COURSE, IS OF
CONSIDERABLE CONCERN, ESPECIALLY
TO SMALLER BUSINESSES WHO LACK
LEGAL DEPARTMENTS AND OFTEN
LEGAL COUNSEL. THE OTHER THING
IS THAT THIS BILL, ALSO ON THE
ENFORCEMENT SIDE, UH, BEGINNING
ON PAGE EIGHT OF THE BILL IN
SECTION SEVEN, WOULD ADD A NEW
LABOR CODE. PROVISION WHICH, OF
COURSE, MEANS IT'S SUBJECT TO
ENFORCEMENT BY POLKA. BUT THIS
BILL ALSO SETS FORTH AND IN
SUBDIVISION B. THE LABOR
COMMISSIONER CAN ENFORCE THE
SECTION AND IN SUBDIVISION. SEE
THERE'S A PRIVATE RIGHT OF
ACTION ALL OF THOSE AMOUNT TO
CONSIDERABLE CONCERN AGAIN FOR A
SMALL EMPLOYER WHO IS FACED WITH
THE DAUNTING TASK OF COMPLYING
WITH THESE TYPES OF PROVISION
AND YOU KNOW THERE'S AMBIGUITY
OR LESS THAN CLEAR GUIDANCE FROM
CASE LAW AS IT RELATES TO NON
COMPETES, FOR EXAMPLE, WHEN
YOU'RE REPRESENTED BY LEGAL
COUNSEL AND THERE'S A CHOICE OF
LAW PROVISIONS, IS THAT
PROHIBITED OR NOT DOES THAT FALL
UNDER THIS? UM THE DEFINITION OF
TRADE SECRET HAS BEEN LITIGATED
IN REGARDS. SO THERE'S NOT A
TREMENDOUS UH IF YOU WILL, BLACK
AND WHITE AS TO WHAT CONSTITUTES
A NON COMPETE, AND THEN WHEN
THIS PROVISION WHEN THIS BILL
WOULD SET FORTH TO SIGNIFICANT
ENFORCEMENT MECHANISMS IN BOTH
THE LABOR CODE AND THE BUSINESS
AND PROFESSIONS CODE THAT GIVES
US GREAT CONCERN FOR HOW THIS
BILL WILL BE ENFORCED. THANK
YOU, MR CHAIR. THANK YOU. GOOD
AFTERNOON AGAIN. MR CHAIRMAN
MEMBERS ACTUALLY HOPPING ON
BEHALF OF THE CALIFORNIA CHAMBER
OF COMMERCE AND RESPECTFUL
OPPOSITION AND DO APPRECIATE
SOME OF THE CONVERSATIONS WE'VE
HAD WITH THE AUTHOR'S OFFICE.
UNDERSTANDING IS THE IMPETUS FOR
THIS BILL LARGELY COMES FROM AN
EMPLOYER MANDATED TRAINING WHERE
THE WORKER WAS REQUIRED TO REPAY
THE EMPLOYER AFTERWARDS, AND I
DO WANT TO HIGHLIGHT THAT THIS
REALLY IS ALREADY COVERED UNDER
LABOR CODE SECTION 28 02, WHICH
EXPLICITLY REQUIRES EMPLOYERS TO
REIMBURSE EMPLOYEES OR PAY FOR
EMPLOYER MANDATED TRAININGS
INCLUDED THERE'S A LOT OF VERY
CLEAR CASE LAW ON THAT POINT. SO
IT'S NOT REALLY CLEAR
ESSENTIALLY WHAT GAP THIS BILL
IS SEEKING TO FILL THEIR AND
ALSO THERE'S A SECTION THAT HAS
TO DO WITH THE RESTRICTION ON
WHAT IS CALLED REALLY EMPLOYEE
DEBT. BUT UNFORTUNATELY, A
SIGNIFICANT CONSEQUENCE OF THAT
IS THAT AS A RESTRICTION ON
CERTAIN BENEFITS TO WORKERS I
KNOW HIRING BONUSES WAS
MENTIONED EARLIER, BUT IN OUR
EXPERIENCE, A LOT OF EMPLOYEES
ACTUALLY LIKE UPFRONT HIRING
BONUSES, ESPECIALLY WHEN THEY
ARE GIVEN THE MONEY UP FRONT AT
THE START OF THE JOB, WHICH MAY
HELP FOR YOU KNOW, LIVING
EXPENSES. WHAT HAVE YOU AND YES,
UNDERSTANDABLY, IT DOES OFTEN
TIME COME WITH A REQUIREMENT TO
STAY AT THE EMPLOYER FOR A
CERTAIN AMOUNT OF YEARS, BECAUSE
NO EMPLOYER IS PROBABLY GOING TO
GIVE YOU A HERRING BONUS IF YOU
COULD QUIT TWO DAYS LATER. ALSO
A LOT OF OUR MEMBERS HAVE
TUITION TYPE PROGRAMS, EMPLOYEES
OFTEN CANNOT AFFORD TO PUT UP
THE FULL AMOUNT OF TUITION ON
THEIR OWN UPFRONT. AND SO THE
EMPLOYER HELPS OUT WITH THAT, SO
THAT ACTUALLY THE EMPLOYEE IS
NOT GOING INTO A DEBT AND THESE
ARE NOT REQUIRED, YOU KNOW,
TRAINING OR EDUCATION. THESE ARE
JUST FOR THE BENEFIT, REALLY, OF
BOTH THE EMPLOYER AND THE
EMPLOYEE TO BROADEN THEIR
SKILLS, WHICH ARE TRANSFERABLE
TO OTHER JOBS. THIS LEGISLATURE
HAS AS FAR AS I UNDERSTAND, ALSO
CONSIDERED GRANT PROGRAMS AND
OTHER BILLS WITH RELATED
REQUIREMENTS THAT IF YOU RECEIVE
IT, YOU HAVE TO WORK IN A
CERTAIN PROGRAM OR FIELD. WHAT
HAVE YOU HEARD CERTAIN NUMBER OF
YEARS? AND THEN FINALLY, WE
DON'T BELIEVE THAT THE
INDEPENDENT CONTRACTOR BEING
INCLUDED IN A LOT OF THIS BILL
REALLY MAKES SENSE, ESPECIALLY
IN SECTION FOUR, WHICH TALKS
ABOUT FEES, UM, PAYMENT AT THE
END OF THE TERMINATION. A LOT OF
THAT HAS REALLY WORKED OUT IN
THE CONTRACT WITH THE CONTRACTOR
. AND SO THERE'S SOME CONFLICT
THERE. THANK YOU. THANK YOU.
ANYONE ELSE HERE IN OPPOSITION?
MR CHAIRMAN MEMBERS TO BECOME
BEHALF OF THE CALIFORNIA LEGAL
FOOD PRODUCERS AND OPPOSITION.
THANK YOU. LAWRENCE GATE WITH
THE CALIFORNIA MANUFACTURERS
TECHNOLOGY ASSOCIATION.
RESPECTFUL OPPOSITION. THANK
YOU. THANK YOU. GOOD AFTERNOON
CHAIR AND MEMBERS NICK CHAPPY ON
BEHALF OF THE CALIFORNIA
TRUCKING ASSOCIATION OPPOSITION.
THANK YOU. THANK YOU. HELLO RYAN
ELAINE WITH THE CALIFORNIA
RETAILERS ASSOCIATION IN
OPPOSITION. THANK YOU. BRING IT
BACK TO COMMITTEE FOR ANY
QUESTIONS, COMMENTS MOTIONS. UM
WELL, FIRST OF ALL, I APPRECIATE
THE WORK ON THE BILL AND WILL BE
SUPPORTING IT, AND DEFINITELY
SOME OF THE EXAMPLES THAT WERE
GIVEN WERE ARE ESPECIALLY
EGREGIOUS AND SHOULD BE
PREVENTED. I WONDER IF YOU COULD
RESPOND TO SOME OF THOSE
EXAMPLES THAT WERE GIVEN BY THE
OPPOSITION. UH EXAMPLE, LIKE A
HIRING BONUS THAT SOMEBODY MIGHT
HAVE BUT REQUIRES THEM TO STAY A
CERTAIN AMOUNT OF TIME. WOULD
THAT BE PROHIBITED UNDER THE
BILL? OR UH, THE EXAMPLE OF AN
EDUCATIONAL PROGRAM? WHERE YOU
KNOW YOU'RE IN AN ONGOING UH
LIKE COLLEGE PROGRAM OR
SOMETHING THAT THEY'RE PAYING
FOR THAT HAS SOME REQUIREMENTS
AROUND YOUR COMMITMENT TO THE
JOB. ARE THOSE THINGS THAT WOULD
BE PROHIBITED UNDER THE BILL AND
THAT YOU'RE INTENDING TO PREVENT
ENTIRELY YEAH. IF I COULD, MR
CHAIR IN OUR IN OUR TESTIMONY
FROM OUR REPRESENTATIVE, THE
NURSES, WE TALKED ABOUT THAT,
BUT MAYBE YOU CAN REITERATE IT
IN ANY OTHER EXAMPLES. YOU HAVE.
OF COURSE. THANK YOU SO VERY
MUCH FOR THE QUESTION.
ASSEMBLYMEMBER'S SO CERTAINLY
WE'VE HAD NURSES THAT REPORTED
THAT THEY WERE PROVIDED THE
HIRING BOYS ARE OFFERED OF
HERRING BOATS THAT THEY ACCEPTED
, BUT WHEN THEY ATTEMPTED TO
LEAVE THE JOB THAT THE BONUS WAS
ACTUALLY ADDED TO THE LOAN. SO
THEY WERE. THEY WERE INDEBTED TO
THE TO THE BONUS AS WAS TREATED
AS A LOAN AS PART OF THE PACKAGE
, SO IT WASN'T A BONUS IN ITSELF
, BUT A DEBT THAT THEY WERE NOW
INCURRED AS PART OF INDIA. IT'S
PART OF THE PACKAGE INITIALLY
WHEN NOON WILLIE SANG MHM AND
I'LL JUST ADD ASSEMBLYMEMBER'S.
THANKS FOR THE QUESTION. THERE
ARE A COUPLE OF DISCRETE
EXEMPTIONS TO THE PROHIBITION ON
TRAPS IN THE BILL ONE FOR UNION
AFFILIATED APPRENTICESHIP
PROGRAMS. ANOTHER EXEMPTION FOR
FEES THAT ARE PAID BY NAME
PROBLEM EMPLOYER FOR THE
MAINTENANCE OF STATE REQUIRED
LICENSES, AND I THINK THAT THOSE
ARE VERY REASONABLE AND NARROW,
CARVE OUTS FROM WHAT IS
GENERALLY A BROAD PROHIBITION ON
THESE TRAINING REPAYMENT
AGREEMENT PROVISIONS AND I'LL
ALSO JUST ADD THAT NOTHING
PREVENTS. UH EMPLOYER IN THESE
SITUATIONS FROM KEEPING WORKERS
ENGAGED IN ON THE JOB WITH
BETTER PAY AND BETTER WORKING
CONDITIONS, AND IF THAT'S THE
REASON WHY AN EMPLOYEE OR WORKER
IS SEEKING TO LEAVE THEIR PLACE
OF EMPLOYMENT, THAT THERE'S NO
JUSTIFICATION FOR BINDING THEM
IN THOSE CONDITIONS. THE
QUESTIONS OR COMMENTS. IS THERE
A MOTION? YOU KNOW THE MOTIONS
OR SECOND WE HAVE A MOTION AND A
SECOND. UM I APPRECIATE THE
AUTHOR FOR BRINGING THIS FORWARD
. I DO THINK THAT AND THE
RECOMMENDATION IS DO PASS TO
JUDICIARY, SO I THINK THERE IS
SOME TIGHTENING UP OF SOME OF
THE LANGUAGE, BUT IT'S THE FIRST
COMMITTEE HEARING. I THINK THAT
ANY BILL NEEDS, YOU KNOW, WORKS
AS YOU MOVE FORWARD, AND THERE'S
PLENTY OF OPPORTUNITY. I THINK,
UM FOR OPPOSITION TO EXPRESS YOU
KNOW, BUT THEY FEEL MAY BE
APPROPRIATE EXEMPTIONS AND THE
AUTHOR AND THE SPONSORS CAN TAKE
THAT UNDER CONSIDERATION AS WELL
AS A COMMITTEE AND OUR COMMITTEE
HAS A COUPLE DIFFERENT
RECOMMENDATIONS TO TAKE UNDER
CONSIDERATION. AND WHEN WE AS IT
GOES FOR THE JUDICIARY, I'M SURE
JUDICIARY STAFF MAY ALSO HAVE
SOME RECOMMENDATIONS OFTEN
TIMES. AS YOU KNOW, IT'S REALLY
ABOUT MAKING SURE THINGS ARE ON
THE RIGHT CODE PLACE OR MAKE
SURE THE LANGUAGE IS CONSISTENT
WITH OTHER, UM OTHER LANGUAGE
AND OTHER PARTS OF THE CODE. AND
SO THOSE ARE THE KINDS OF THINGS
I'M CERTAIN CERTAIN WILL
CONTINUE TO BE WORKED ON. AND IN
TERMS OF THESE THESE KIND OF
ANECDOTAL ISSUES, YOU KNOW IF
THERE REALLY IS AN ISSUE THERE,
AND I KNOW THE AUTHOR CAN
CERTAINLY CONTINUE TO WORK ON
THAT. I REALLY LIKE THE BILL AND
I WOULD LOVE TO BE ADDED ON AS A
CO AUTHOR. THAT'S IF THE AUTHOR
WOULD ALLOW FOR THAT. AND WOULD
YOU LIKE TO CLOSER? THANK YOU. I
APPRECIATE THE CONVERSATION. I
WAS THINKING I WAS ON THIS
COMMITTEE A LIFETIME AGO. I
THINK IT'S MY FIRST TWO YEARS.
UM AND THEN I HAVEN'T BEEN HERE
FOR FIVE OR SO YEARS AND I HAD A
BIG BILL THAT I THAT I AUTHORED
TWO YEARS AGO. UM FAIR CHANCE
ACT. BAN THE BOX. AND I REMEMBER
I SAT RIGHT ACROSS HERE FROM THE
COUCH CHAMBER AND OTHERS OF HIS
FIRST COMMITTEE. AND I'LL SAY
THE SAME THING I SAID THEN. IS
THAT ALL WORK WITH THE
OPPOSITION? WE WANT UNDERMINE
OUR VALUES AND OUR PRINCIPLES.
BUT THERE ARE SOME ISSUES WE CAN
ADDRESS AND IMPLEMENTATION AND
DEFINITIONS AND BASICALLY THE
OVERALL DIRECTION. SO UM, LIKE
YOU SAID, THIS IS THE FIRST
COMMITTEE WILL GO ON TO THE
OTHER POLICY COMMITTEE. AS WE
MOVE FORWARD. THAT'S CERTAINLY
MY COMMITMENT. BUT OVERALL, THIS
IS A BIG ISSUE, AND I THOUGHT IF
I FIND VERY INTERESTING HALF OF
THE ARGUMENT AGAINST IT WAS
ABOUT ENFORCEMENT OF IT AND HOW
YOU'RE GOING TO GO ABOUT. WELL
DON'T DO IN THE FIRST PLACE. IT
WILL BE A NON ISSUE RIGHT AND
THEY SHOULD BE THE LAW IN THE
FIRST PLACE. PEOPLE SAY IT'S
ALREADY A LOT AND THEN LET'S
FIND A WAY TO NOT HAVE THESE
HAPPENING FOR ONE IN FIVE
EMPLOYEES ACROSS CALIFORNIA. UM
SO WITH THAT IT'S THE RIGHT
DECISION ISSUE AND THANK YOU FOR
YOUR RECOMMENDATION AND ASK FOR
DR BILL. THANK YOU VERY MUCH.
MADAM SECRETARY IF WE CAN TAKE
ROLL ON THE VOTE FOR 87 47
MOTION IS DUE PASS TO JUDICIARY
COMMITTEE. CHOLERA CHOLERA I
FLORA FLORA NO, CHEN HANEY. AMY,
I ORTEGA. ORTEGA I RAISE WARD. I
ALRIGHT. WE'VE GOT BILL IS OUT
NORMAL USED TO BOWL OPEN FOR
ABSENT MEMBERS. AND WE HAVE MR
GARCIA. HERE. IT IS. TAKE YOUR
TIME, SIR. AND GET SETTLED IN.
AND THIS IS FIVE A B 15 93.
THANK YOU, MR CHAIR MEMBERS.
THANK YOU FOR THE OPPORTUNITY
PRESENTS THIS BILL. BILL WOULD
PRIORITIZE EMPLOYMENT FOR LOCAL
RESIDENTS DURING THE DEVELOPMENT
OF LITHIUM IN SOUTHERN
CALIFORNIA. IMPERIAL COUNTY,
SPECIFICALLY OUR DISTRICT KNOWN
AS LITHIUM VALLEY. BUILD A TRACK
AND MONITOR THE RATE THAT
RESIDENTS ARE HIRED TO WORK ON
LITHIUM VALLEY DEVELOPMENT. WE
HAVE A GREAT OPPORTUNITY FOR
ECONOMIC DEVELOPMENT FOR THE
STATE. BUT FOR THIS REGION THAT
HAS HISTORICALLY TRAILED WITH
UNEMPLOYMENT RATES UP TO 28 29%
AT TIMES, SO RESPECTFULLY ASK
FOR YOUR I VOTE. APPRECIATE THE
WORK THAT YOU'RE TEAM DID ON THE
ANALYSIS. THANK YOU VERY MUCH.
ANYONE HERE IN SUPPORT OF A B 15
93. MR CHAIRMAN AND MEMBERS.
SCOTT WISH ON BEHALF OF THE
CALIFORNIA STATE ASSOCIATION OF
ELECTRICAL WORKERS. CALIFORNIA
STATE PATRIOTS COUNCIL, THE KIRK
CALIFORNIA COALITION OF UTILITY
EMPLOYEES. AND THE WESTERN
STATES COUNCIL OF SHEET METAL
WORKERS ALSO, MY COLLEAGUES WITH
THE STATE BUILDING AND
CONSTRUCTION TRADES COUNCIL HAD
TO GO TO ANOTHER COMMITTEE
HEARING THERE IN STRONG SUPPORT
OF THE BILL. I WOULD JUST
MENTION THAT WHEN WE BEGAN TO
BUILD LARGE UTILITY GRADE SOLAR
PROJECTS IN THE IMPERIAL VALLEY,
THE AGREEMENTS THE PROJECT LABOR
AGREEMENTS THAT WE ACHIEVED ON
THOSE PROJECTS CONTAINED LOCAL
HIRING AGREEMENTS SIMILAR TO THE
IMPACT OF THIS AS A RESULT, WE
THE I B W BUILT A TRAINING
CENTER AND APPRENTICESHIP, UM,
CENTER IN IMPERIAL FOR THE FIRST
TIME. NO OTHER BUILDING TRADES
HAS EVER DONE THAT. AND, UM AT
THE HEIGHT OF ALL THAT SOLAR
CONSTRUCTION WE HAD OVER 1000.
APPRENTICES NOT FROM SAN DIEGO
COUNTY, BUT FROM IMPERIAL COUNTY
. UH IN THAT PROGRAM, SO IT'S A
IT'S A GREAT CONCEPT, AND WE
URGE AND I VOTE. THANK YOU.
THANK YOU. MR CHAIR MEMBERS,
CAITLIN VEGA FOR THE CALIFORNIA
LABOR FEDERATION. WE ARE ALSO
HERE IN STRONG SUPPORT. I WANT
TO THANK THE AUTHOR FOR
PRIORITIZING NOT JUST
DEVELOPMENT OF LITHIUM IN THIS
REGION, BUT GOOD JOBS FOR THE
PEOPLE WHO LIVE THERE. THAT'S
SOMETHING HE'S FOUGHT VERY HARD
FOR A LONG TIME. WE STRONGLY
SUPPORT THAT AND SUPPORT THE
BILL. THANK YOU. MR CHAIRMAN
MEMBERS MARK SHOCKED WITH
CALIFORNIA WORLD TO GO
ASSISTANCE FOUNDATION ALSO IN
SUPPORT OF THE BILL. THANK YOU.
OPPOSITION. I WAS ANY MORE
SUPPORT ANYONE IN OPPOSITION?
ALRIGHT. BRING IT BACK TO
COMMITTEE. THE MOTION AND A
SECOND. UM, AND THANK YOU SO
MUCH. MR GARCIA DÍAS WAS
MENTIONED. UM I AGREE THAT THAT
YOU'VE ALWAYS FOUGHT VERY HARD
FOR YOUR COMMUNITY MEMBERS FOR
GOOD QUALITY JOBS. AND I THINK
THAT, UM THIS IS THE PROMISE IS
THERE BUT WITHOUT GOOD
LEGISLATION TO ENSURE THAT WE'RE
CREATING PATHWAYS TO GOOD
QUALITY JOBS. NOTHING IS
GUARANTEED. AND SO I APPRECIATE
YOUR LEADERSHIP ON THIS. WOULD
YOU LIKE TO CLOSE? RESPECTFULLY
ASK FOR YOUR VOTE. THANK YOU SO
MUCH MADAM SECRETARY OF COULD
TAKE WALL FOR THE VOTE ON A B 15
93. MOTION IS DUE PASS TO
APPROPRIATIONS COMMITTEE. CORA
CORA FLORA FLORA I, CHEN. HANEY.
HANEY. I ORTEGA. ORTEGA. I RAISE
WARD. WARD I WRITE THAT BILL IS
OUT WHERE WE KEEP THE ROLE OPEN.
PERHAPS SOME MEMBERS. THANK YOU,
MR HANEY. YOU HAVE A B 8 71.
HMM. THANK YOU. CHAIR, CHOLERA
ADVICE YOUR FLORA AND FELLOW
COMMITTEE MEMBERS. I'M HERE TO
PRESENT FIRST A B 8 71, THE
RESIDENTIAL ELEVATOR SAFETY BILL
. I WILL BE ACCEPTING THE
COMMITTEE AMENDMENTS AND THANK
YOU AND YOUR STAFF FOR WORKING
WITH US ON THIS BILL 88 71 WILL
ENSURE THAT STANDARDS AND SAFETY
MEASURES REQUIRED FOR COMMERCIAL
ELEVATORS ARE ALSO IN PLACE FOR
PRIVATE RESIDENTIAL ELEVATORS
INSIDE THE HOME. PRIVATE
RESIDENTIAL ELEVATORS ARE
BECOMING INCREASINGLY POPULAR
AMONG HOMEOWNERS WHO INSTALLED
THEM OUT OF NECESSITY OR
CONVENIENCE, HOWEVER, WITHOUT
PROPER REGULATION AND SAFETY
STANDARDS IN PLACE, THESE
ELEVATORS CAN POSE SERIOUS RISKS
TO WRITERS IN ORDER TO ENSURE
THE SAFETY OF HOMEOWNERS, THEIR
FAMILIES AND THEIR GUESTS. IT IS
CRUCIAL THAT PRIVATE RESIDENTIAL
ELEVATORS ARE SUBJECT TO THE
REGULATION AND OVERSIGHT SIMILAR
TO COMMERCIAL ELEVATORS.
CURRENTLY IN CALIFORNIA. ONLY
COMMERCIAL ELEVATORS ARE SUBJECT
TO POST INSTALLATION SAFETY
INSPECTIONS. ADDITIONALLY THESE
ELEVATORS ARE SUBJECT TO ANYONE
EXPECT INSPECTIONS BY CAL OSHA
ELEVATOR AND UNIT INSPECTOR.
PRIVATE RESIDENTIAL ELEVATORS
ARE NOT SUBJECT TO THE SAME
SAFETY STANDARDS AND CODES,
PRIVATE RESIDENTIAL ELEVATORS
THAT WHICH ARE NOT REGULARLY
INSPECTED, ARE MORE LIKELY. TO
HAVE CRUCIAL SAFETY SYSTEM AIRS
, INCREASING THE LIKELIHOOD OF
SEVERE INJURY OR DEATH. THIS
BILL WOULD ENSURE THAT PRIVATE
RESIDENTIAL ELEVATORS MEET THE
SAME RIGOROUS SAFETY STANDARDS
AND INSPECTIONS AS COMMERCIAL
ELEVATORS HELP DISENFRANCHISED
COMMUNITIES WITH SAFER ACCESS TO
IN HOME TRANSPORTATION,
ENCOURAGE MORE APPRENTICES WHILE
PROVIDING A SKILLED AND TRAINED
WORKFORCE FOR ONE OF THE MOST
DANGEROUS. OCCUPATIONS IN
REGARDS TO ON THE JOB OF
FATALITIES. AVIATE 71 IS
SPONSORED BY THE INTERNATIONAL
UNION EVALUATOR CONSTRUCTORS,
AND TODAY WE HAVE GREG HARDIMAN
FROM LOCAL EIGHT AND SCOTT WELCH
TO TESTIFY IN SUPPORT OF THE
BILL. THANK YOU. MR CHAIRMAN AND
MEMBERS SCOTT, WHICH ON BEHALF
OF THE STATEWIDE ASSOCIATION OF
ELEVATOR CONSTRUCTORS UNION, UM
IT'S THE TIME HAS COME TO
INCLUDE, UH RESIDENTIAL
ELEVATORS AND LIFTS AND OTHER
CONVEYANCES IN THE INSPECTION
PROGRAM. I THINK THE ANALYSIS AN
EXCELLENT JOB OF CITING THE
STATISTICS, WHICH I THINK BEAR
OUT THE NEEDS TO DO THIS
EXPANSION. THE SECOND PART OF
THE BILL INCREASES THE NUMBER OF
HOURS THAT ONE NEEDS TO HAVE IN
THE INDUSTRY IN ORDER TO BE ABLE
TO SIT FOR THE CERTIFICATION
TEST TO BECOME A CERTIFIED
ELEVATOR MECHANIC. UM I DID THE
BILL 20 SOME YEARS AGO WITH
SENATOR TOM TORLAKSON TO CREATE
THAT PROGRAM. WHAT WE'RE DOING
IN THIS BILL TODAY IS BRINGING
THAT REQUIREMENT UP TO PAR WITH
THE MAJORITY OF THE OTHER
CERTIFICATIONS. FOR INSTANCE,
THE ELECTRICIAN CERTIFICATION
PROGRAM REQUIRES 4000 HOURS. UM
AND SO WE'RE DOING THAT TO BE
CONSISTENT WITH REALLY INDUSTRY
STANDARDS. URGENT. I VOTE. THANK
YOU. GOOD AFTERNOON CHAIR AND
COMMITTEE MEMBERS. MY NAME IS
GREG HARTMAN LIKE SCOTT SAID. I
REPRESENT THE ELEVATOR
CONSTRUCTORS LOCAL EIGHT AND I
HAVE THE FULL SUPPORT OF OUR
COUNTERPART DOWN AND LOCAL 18
PRIVATE RESIDENTIAL ELEVATORS
ARE NOT REGULATED AS YOU HEARD
RIGHT NOW ABOUT THERE'S 325
MILLION ELEVATOR RIDERS PER DAY.
VERY FEW OF THOSE YOU SEE AN
INJURY, BUT WHEN IT COMES INTO
THE PRIVATE RESIDENCE, ELEVATOR
SECTOR, THOSE ACCIDENTS AND
NUMBERS ARE QUITE. KNOW HOW MANY
ACCIDENTS THERE ARE AND WHAT
GOES ON THERE AND WITHOUT
LICENSING OF CONTRACTORS OR
MECHANICS, IT POSE A RISK TO THE
RIDERS. THE SERVICE WORKERS JUST
LAST YEAR IN SAN FRANCISCO IF
SAN FRANCISCO FIREFIGHTER FELL
DOWN A SHAFT ELEVATOR SHAFT 15
FT WAS RUSHED TO THE ER.
FORTUNATELY HE SURVIVED EARLIER
THIS IN MARCH, THERE WAS A TWO
YEAR OLD TODDLER THAT FELL DOWN
A HOIST WAY. UH, IN A ELEVATOR
SHAFT DOWN IN ATLANTA, AND THAT
THAT CHILD IS LUCKY TO BE ALIVE
LAST YEAR OR IN 2021. THERE WAS
A CHILD IN NORTH CAROLINA. THAT
FELL DOWN A HOIST AWAY ON A
VACATION RENTAL WHILE
VACATIONING WITH HIS FAMILY AND
GRANDPARENTS AND THAT CHILD DID
NOT SURVIVE. NORTH CAROLINA HAS
SINCE ADOPTED A PRIVATE
RESIDENCE ELEVATOR BILL SIMILAR
TO WHAT WE'RE TRYING TO DO HERE
IN NEVADA CURRENTLY HAS ONE AND
SO DOES ALABAMA. ALABAMA. UM UH,
SORRY, AND THEN LET'S SEE. AND
THEN WITH THE ADDITION TO THE
INCREASE OF OURS, OUR TRADE IS A
VERY DANGEROUS TRADE. I'M AN
ELEVATOR MECHANIC IN THE FIELD
FOR 14 YEARS. UM WE'VE HAD WE'VE
HAD ON THE AVERAGE FOR THE LAST
30 YEARS ABOUT 6 TO 8 ON THE JOB
FATALITY, AND THAT NUMBER IS
ONLY WITH 30,000 WORKERS OUT
THERE. SO THAT'S SIGNIFICANTLY
HIGHER THAN SOME OF THE OTHER
CRAFTS OUT THERE IN THE LAST
FOUR YEARS, THAT NUMBER HAS GONE
DOWN TO 3 TO 4 ON THE JOB
FATALITIES, SO THEY INCLUDE THE
INCLUSION OF APPRENTICESHIP
LICENSING AND THAT RATIO OF 1 TO
1 WILL HELP ENSURE THE SAFETY OF
THE WORKERS. THANK YOU. THANK
YOU SO MUCH ANYONE ELSE IN
SUPPORT. CAITLYN VEGA FOR THE
CALIFORNIA LABOR FEDERATION.
ALSO HERE IN SUPPORT. THANK YOU
. ANYONE IN OPPOSITION 88 71.
ALL RIGHT. WE'LL BRING IT BACK
TO THE COMMITTEE. IS THERE A
MOTION? ALRIGHT, WE HAVE
EMOTION. AND A SECOND AND
THERE'S ACTUALLY NOT A THERE'S A
RECOMMENDATION FOR A TECHNICAL
AMENDMENT. SO THERE'LL BE AN
OPPORTUNITY. I THINK, AS IT GOES
FORWARD TO APPROPRIATIONS FOR
THE AUTHOR AND HIS STAFF, TAKE A
LOOK AT THAT SENATOR AWARD.
THANK YOU FOR BRINGING THE BILL
FORWARD. I TOTALLY UNDERSTAND
THE NEED TO GET PRIVATE
RESIDENTIAL STANDARDS UP TO
SPEED SINCE WE HAVE YOU HERE,
JUST KIND OF A CURIOUS QUESTION
IN THE MOMENT. UM HOW ARE HOW'S
THE WORKFORCE CAPACITY TO BE
ABLE TO MEET THE INSPECTIONS
NEEDS THAT ARE OUT THERE WE
OFTEN SEE IN COMMERCIAL
BUILDINGS, RIGHT PERMITS THAT
HAVE BEEN, YOU KNOW, OUT OF
COMPLIANCE FOR A COUPLE OF
MONTHS, AND I KNOW THAT YOU'RE
TRYING TO GET AROUND THE THINGS
RIGHT NOW. THE STATE HAS JOB
OPENINGS FOR STATE INSPECTORS,
AND WE ARE WORKING WITH OUR
MEMBERSHIP TO GET RETIRED
MEMBERS. AND MEMBERS THAT NO
LONGER COULD WORK IN THE FIELD
TO WORK WITH THE STATE TO
INCREASE THEIR CAPACITY. UM
YEAH, AS INSPECTORS. THANK YOU
FOR THAT QUESTION. SIMILAR WORD.
I JUST MET LATE THIS MORNING
WITH, UH, D I R DIRECTOR KATIE
HAGEN THAT OVERSEES THIS AMONGST
ALL THE DIVISIONS THERE. DDR HAS
HAD HIRING CONSTRAINTS BECAUSE
THEY WERE BECAUSE OF SOME
PRACTICES OF THE PREVIOUS
DIRECTOR, UM THE, UH, STATE HR
DEPARTMENT HAS PUT CONSTRAINTS
ON THEIR HIRING ABILITIES. THEY
HAVE TO GO THROUGH SOME
EXTRAORDINARY PROCESSES.
DIRECTOR HAGEN HAS, UH, KIND OF
CLEARED THE PATHWAY ON THAT AND
HAS INSTITUTED A BUNCH OF
DIFFERENT NEW REFORMS. THAT UH,
IS GOING TO ALLOW THE D I R TO
HIGHER UP. NOT JUST IN THIS
DIVISION BUT REALLY ACROSS ALL
THE DIVISIONS THAT ARE SUFFERING
FROM, UM, HAVING OPEN POSITIONS,
SO WE'RE VERY CONFIDENT THAT WE
WILL SUCCEED IN DOING THAT. GOOD
NEWS. THANK YOU VERY MUCH. AND I
BELIEVE THE OPERA THE OPERATIVE
DATA JULY 1ST 2024. THERE'S
IT'LL GIVE SOME TIME FOR
APPRENTICESHIP PROGRAMS AND GET
FOLKS HIRED, TRAINED UP AND
HIRED UP AND I THINK IT'S
PARTICULARLY REGARDING
DEMOGRAPHIC CHANGES THAT WE'RE
SEEING. MORE AND MORE PEOPLE ARE
AGING AT HOME AND STAYING IN
THEIR THEIR THEIR PRIMARY
RESIDENCE FOR MANY, MANY YEARS,
AND WE'RE SEEING MORE AND MORE
OF THESE HOME, INSTALLS OF
ELEVATORS AND ELEVATOR TYPE. UM
TYPE MECHANISM. SO I THINK THIS
IS DEFINITELY THE TIME FOR THIS
NOW. AND SO WE HAVE A MOTION ON
THE TABLE. MR. HANEY, WOULD YOU
LIKE TO CLOSE? RESPECTFULLY ASK
FOR I VOTE. THANK YOU, MADAME
SECRETARY ROLL ON THE VOTE FOR A
B 8 71 MOTION IS DUE PASS TO
APPROPRIATIONS. CORA I FLORA
FLORA I CHEN HANEY, I ORTEGA
ORTEGA. I RAISE WARD. I THANK
YOU SO MUCH, AND WE HAVE ONE
MORE FROM MR HANEY. IT'D BE 15
30 13 56. YES, THANK YOU AGAIN,
MR CHAIR AND MEMBERS OF THE 13
56 WILL STRENGTHEN CALIFORNIA'S
WORKER ADJUSTMENT AND RETRAINING
NOTIFICATION ACT OR THE WARN ACT
BY EXTENT, EXPANDING PROTECTIONS
FOR WORKERS IMPACTED BY MASS
LAYOFFS. WARN ACT IS SOMETHING
THAT WENT INTO EFFECT IN
CALIFORNIA MANY DECADES AGO.
IT'S AN IMPORTANT PROTECTION FOR
WORKERS. IN THE CASE OF MASS
LAYOFF EVENT, HELPING THEM HAVE
AN ADEQUATE AMOUNT OF TIME AND
NOTICE TO BE ABLE TO TRANSITION
, UH AND PROTECT THEIR FAMILY
AND CARE FOR THEIR FAMILY AND
THAT PROCESS WE'VE SEEN.
UNFORTUNATELY MANY THOUSANDS OF
LAYOFFS OVER THE PAST FEW MONTHS
IN PARTICULAR, AND THAT'S HELPED
US IDENTIFY. SOME OF THE
LOOPHOLES THAT UNFORTUNATELY
EXIST IN OUR STATE'S WARREN ACT.
ONE OF THE BIG LOOPHOLES THAT
EXIST THAT THIS BILL WOULD
ADDRESS IS THE FACT THAT
CONTRACT WORKERS ARE NOT
INCLUDED IN THESE LAYOFF
PROTECTIONS. MANY CONTRACT
WORKERS DOING THE SAME JOB THAT
OTHER EMPLOYEES AT AT A COMPANY
ARE DOING WHETHER THEY'RE
ENGINEERS, OR THEY'RE WORKING AS
CAFETERIA WORKERS AS JANITORS
RECEIVED ABSOLUTELY NO NOTICE AT
ALL WHEN THEIR COLLEAGUES
COLLEAGUES DID SOMEWHERE LAID
OFF RIGHT DURING THE HOLIDAYS.
IS AND WERE TOLD TO LEAVE BY THE
END OF THE WEEK. THEY SHOULD
HAVE THE SAME EXACT PERSON
PROTECTIONS AND NOTICE
REQUIREMENTS THAT OTHER
EMPLOYEES HAVE UNDER THE WARN.
ACT. 60 DAYS IS ALSO FRANKLY NOT
ENOUGH FOR PEOPLE TO BE ABLE TO
TRANSITION EFFECTIVELY. WE SAW A
NUMBER OF EMPLOYEES WHO ACTUALLY
WERE HERE ON IMMIGRATION VISAS
THAT WASN'T ENOUGH TIME FOR THEM
TO BE ABLE TO FIND ANOTHER JOB,
PARTICULARLY BE ABLE TO STAY
HERE AND CONTINUE TO CONTRIBUTE
TO OUR ECONOMY, SO THIS BILL
WOULD EXTEND THAT NOTICE
REQUIREMENT TO 90 DAYS. LASTLY
THERE WERE A NUMBER OF EMPLOYEES
WHO WERE ACTUALLY REQUIRED TO
SIGN AWAY THEIR RIGHTS. UH AS AS
A REQUIREMENT TO RECEIVE WHAT
THEY ARE OWED UNDER THE WARN
ACT. WE WANT TO MAKE IT EXPLICIT
THAT THAT SHOULD NEVER BE
ALLOWED THE TWO MONTHS PAY THAT
THEY ARE LEGALLY ENTITLED TO
SHOULD NOT BE USED TO COMPEL
WORKERS TO WAIVE THEIR RIGHTS TO
LITIGATION. THIS IS A VERY
IMPORTANT BILL, ESPECIALLY RIGHT
NOW, AS WE'RE SEEING THESE
LARGER LAYOFFS AT ONLY APPLIES
TO LARGE COMPANIES AND LARGE
LAYOFF EVENTS, AND IT REALLY
JUST REQUIRES THAT THERE'S THAT
ADEQUATE LEVEL OF NOTICE AND
RESPECT SO THAT WORKERS CAN
TRANSITION AND AGAIN HOPEFULLY
BE ABLE TO STAY HERE IN
CALIFORNIA. THEY THIS IS ABOUT
PROTECTING OUR WORKFORCE, WHICH
REALLY IS OUR GREATEST ASSET,
AND IT WILL HELP THE INDUSTRY'S
TO BE ABLE TO SURVIVE HERE IF WE
PROTECT WORKERS. WITH ME TO
TESTIFY IN SUPPORT OF THIS BILL
AS YOU'RE A MIRROR MIRROR YAMA,
UH, CONTRACT WORKER AT GOOGLE
AND CAITLIN VEGA FROM THE
CALIFORNIA LABOR FEDERATION.
THANK YOU, PLEASE. HI EVERYONE.
OH, NEED TO MOVE THE MIC. HI
EVERYONE. I'M YURI MORIYAMA, A
PROUD MEMBER OF ALPHABET WORKERS
. UNION CW, A GOOGLE SAYS. I
CAN'T SAY I WORK FOR GOOGLE,
THOUGH. INSTEAD GOOGLE REQUIRED
AS I SAY, I WORK FOR BEKO ON
SITE AT GOOGLE, MEANING GOOGLE
DIDN'T HIRE ME. GOOGLE
CONTRACTED BAKO TO HIRE ME.
GOOGLE DIRECTS MY WORK AT BAKER,
WHERE I DO QUALITY ASSURANCE
TESTING FOR GOOGLE'S PRODUCTS.
GOOGLE CONSIDERS MY JOB
ESSENTIAL TO THEIR BUSINESS SO
MUCH THAT I'M REQUIRED TO BE ON
CAMPUS TO TEST AND LIVE IN A
HIGH COST AREA TO GET THERE. AND
IN SPITE OF ALL THAT WHEN GOOGLE
HAS MASS LAYOFFS, WORKERS LIKE
ME ARE OFTEN LEFT WITH NO
PROTECTIONS OR ECONOMIC SUPPORT.
AS IT STANDS, CONTRACTORS OFTEN
DON'T BENEFIT FROM THE
CALIFORNIA STATE WARREN ACT. MY
TEAM SPENT THE LAST FIVE MONTHS
ASKING IF OUR ROLLING ONE YEAR
CONTRACT WOULD BE RENEWED, OR
ALSO IF WE'D BE INCLUDED IN THE
COMPANY'S LATEST ROUNDS OF
LAYOFFS. EVEN IN THE FINAL
WEEKS. THE BEST ANSWER WE COULD
GET WAS DON'T WORRY ABOUT IT. OF
COURSE, WE DID WORRY FOR FIVE
MONTHS AND WHEN THEY DANGEROUS
POND. IT WAS LESS THAN THREE
DAYS BEFORE THE CONTRACTS END.
THE GOOD NEWS IS THAT OUR
CONTRACT WAS RENEWED AND I STILL
HAVE A JOB. THE BAD NEWS IS I
GET TO DO THIS ALL AGAIN IN
JUNE, WHEN MY BIRTHDAY GIFT
COULD BE A LAYOFF WITH THREE
DAYS WARNING WORKERS LIKE ME
NEED A 90 DAY NOTICE. IT'S NOT
JUST GOOGLE, EITHER. VEHICLE
USES CONTRACTORS EVERY MAJOR
TECH COMPANY IN THE U. S USES
CONTRACTORS. THIS IS REALITY NOW
FOR ME AND THE MAJORITY OF TEXT
HIDDEN WORKFORCE. THESE
COMPANIES DEPEND ON ROLLING
SHORT TERM CONTRACTS AND
NEGLECTFUL WORK ENVIRONMENTS TO
FORCE MANY TO LEAVE BEFORE BEING
BESTOWED ANY PROTECTIONS.
COMPANIES LIKE GOOGLE, FISHER OR
WORKFORCE PROTECTING
SHAREHOLDERS BOTTOM LINE WHILE
WE WORKERS STRUGGLE TO MAKE ENDS
MEET AND HIGH COST OF LIVING
AREAS AFTER WERE LAID OFF. IN A
SITUATION LIKE MINE. GOOGLE HAS
ALL OF THE POWER AND NONE OF THE
RESPONSIBILITY. WORKERS LIKE ME
NEED LAYOFF PROTECTIONS. PROTECT
LAID OFF WORKERS ACT WILL DO
EXACTLY THAT. SO I'M ASKING THAT
YOU STAND WITH CALIFORNIAN
WORKERS BY VOTING. YES, TODAY.
THANK YOU. MR CHAIRMAN MEMBERS
CAITLIN VEGA FOR THE CALIFORNIA
LABOR FEDERATION. WE ARE PROUD
TO STAND WITH THE ALPHABET
WORKERS AND OUR COALITION
PARTNERS IN CO SPONSORING THIS
LEGISLATION. OVER THE LAST
SEVERAL DECADES. WE HAVE SEEN
THIS TREND ACROSS OUR ECONOMY.
EMPLOYERS DON'T WANT TO BE
EMPLOYERS OF THEIR ENTIRE
WORKFORCE ANYMORE. THEY WANT TO
HAVE A SMALL GROUP OF DIRECT
EMPLOYEES AND USE A SYSTEM OF
CONTRACTORS TO SHIELD THEMSELVES
FROM THEIR RESPONSIBILITIES TO
THEIR WORKFORCE. AND CALIFORNIA
HAS ADDRESSED THIS OVER AND OVER
AND OVER, STARTING WITH FIRM.
LABOR CONTRACTORS AND GOVERNMENT
CONTRACTORS, WAREHOUSE OPERATORS
THAT USE CONTRACTORS ALL OF
THESE LOW WAGE INDUSTRIES. WHAT
WE SEE NOW IS THAT EVEN THE
BIGGEST TECH COMPANIES IN THE
WORLD ARE DOING THE SAME KINDS
OF PRACTICES AND NOT ONLY TWO
GENERATORS AND FOOD SERVICE
WORKERS, BUT TO EVERYONE WHO
WORKS FOR THEM. ONE LAW THAT HAS
NOT BEEN UPDATED TO REFLECT THIS
REALITY IS THE WARN ACT THAT IS
INTENDED TO PROTECT WORKERS AND
THEIR FAMILIES AND THEIR
COMMUNITIES. IN CASE OF MASS
LAYOFFS. THERE IS NO REASON THAT
THESE CONTRACT WORKERS SHOULDN'T
GET THE SAME KIND OF NOTICE
WORKERS DOING THE EXACT SAME JOB
RIGHT NEXT TO THEM RECEIVE. IN
FACT, BECAUSE OF THEIR
PRECARIOUS STATUS, THEY PROBABLY
NEED IT EVEN MORE. UM IN
ADDITION AS REFERENCED, THIS
BILL EXTENDS THE AMOUNT OF TIME
EVERYONE HAS SEEN THE STUDIES
SHOWING HOW FEW FAMILIES HAVE
ENOUGH MONEY IN CASE OF AN
EMERGENCY. PEOPLE HAVE NO
SAVINGS. PEOPLE ARE ONE PAYCHECK
AWAY FROM HOMELESSNESS, GIVEN
THE HIGH COST OF LIVING IN THIS
STATE, AND SO THERE'S NO REASON
THAT EMPLOYERS WHO KNOW 90 DAYS
AHEAD OF TIME THAT THEY'RE GOING
TO BE DOING MASS LAYOFFS
SHOULDN'T BE LETTING WORKERS
KNOW SO THEY CAN START SAVING
AND PREPARING FOR THAT. SO THE
FIRST THING THIS BILL DOES IS
EXTEND THE PROTECTION TO
CONTRACT WORKERS. THE SECOND IS
TO GIVE EVERYONE MORE TIME. THE
THIRD IS THAT EMPLOYERS SHOULD
NOT BE ABLE TO MAKE WORKERS
NEGOTIATE AWAY OR WAIVE THEIR
OTHER RIGHTS SIMPLY, UM IN
COMPLYING WITH THIS LAW, SO THIS
LAW REQUIRES. IF YOU DON'T GIVE
THE NOTICE, YOU HAVE TO PAY A
SEVERANCE. YOU DON'T GET TO PIN
ON ADDITIONAL WAIVERS AS PART OF
THAT YOU'VE ALREADY WAIVED THE
NOTICE REQUIREMENT. THAT'S ALL
IT DOES. VERY IMPORTANT POLICY.
AND WE ASKED FOR I VOTE. THANK
YOU. ANYONE ELSE HERE IN SUPPORT
OF A B 13 56? MARIKO YOSHIHARA
ON BEHALF OF THE CALIFORNIA
EMPLOYMENT LAWYERS ASSOCIATION,
PROUD CO SPONSOR OF THIS BILL,
STRONGLY URGE YOUR SUPPORT.
THANK YOU. JESSICA STANDARD ON
BEHALF OF EQUAL RIGHTS ADVOCATES
IN STRONG SUPPORT. THANK YOU. MY
QUEST ON BEHALF OF THE STATE
BUILDING AND CONSTRUCTION
TRADES, COUNCIL AND SUPPORT.
THANK YOU. THANK YOU. GOOD
AFTERNOON, KRISTEN HUDDLE BLOCK
UFCW WESTERN STATES COUNCIL AND
STRONG SUPPORT. THANK YOU.
MEGHAN ABLE ON BEHALF OF
FREELANCERS UNION WESTERN CENTER
ON LAW AND POVERTY, INDIVISIBLE
STATE STRONG CENTER FOR
RESPONSIBLE LENDING AND
CALIFORNIA COMMISSION ON THE
STATUS. WOMEN AND GIRLS IN
SUPPORT. THANK YOU. THANK YOU,
MR CHAIR. I'M SORRY. I WAS ASKED
TO ALSO ME, TOO. ON BEHALF OF A
C I U AND CF T. THANK YOU.
SORRY. ALSO SAM GORDON TOOK
EQUITY COLLABORATIVE, PROUD CO
SPONSOR OF THIS LEGISLATION.
THANK YOU. THANK YOU. IS THERE
ANYONE ELSE? ANYONE HERE IN
OPPOSITION TO A B 13? 56? WE
HAVE YOUR CHAIRS. READY FOR YOU
AGAIN.
LAST TIME TODAY, WE PROMISE WE
PROMISE TO GO UP. SO IF THAT'S
THE CASE, THAT'S GOOD. YEAH THIS
WEEK. NOT NEXT WEEK, BUT YEAH,
THREE QUICK THREE QUICK POINTS.
ONE IS A LOT HAS BEEN MADE IN
YOUR COMMITTEE ANALYSIS, AS WELL
AS THE TESTIMONY ABOUT THE TECH
INDUSTRY AND I WOULD JUST NOTE
FOR YOUR CONSIDERATION. THAT
THIS BILL IS NOT TARGETED ANY
PARTICULAR INDUSTRY IT APPLIES
ACROSS THE BOARD. THE SECOND
ISSUE THAT WE HAVE IS THE AMOUNT
OF TIME OUR BELIEF IS THAT FROM
GOING FROM 60 TO 90 DAYS COULD
POTENTIALLY HAVE AN ADVERSE
CONSEQUENCE WHERE AN EMPLOYER IS
GOING TO BE OVERLY INCLUSIVE AT
90 DAYS WITH GREATER LACK OF
CERTAINTY, AS THAT DATE MOVES
FURTHER OUT FROM 60 TO 90 DAYS,
THAT'S A 50% INCREASE. SO IT
COULD INCLUDE MORE PEOPLE THAN
POTENTIALLY NECESSARY. THE OTHER
ITEM IS THE DEFINITION.
DEFINITION OF COVERED
ESTABLISHMENT. UH, AS WELL AS
EMPLOYER IN A THEY ADD COVERED
ESTABLISHMENT, MAYBE A SINGLE
LOCATION OR A GROUP OF
LOCATIONS. SO WHAT YOU COULD
HAVE IS AN INSTANCE IN WHICH AT
ONE FACILITY, YOU HAVE 100 OR
MORE LAYOFFS AND NOTICES
PROVIDED AND THEN AT A SECOND
FACILITY A SINGLE ONE AND THAT
WORKFORCE COULD GET WARN NOTICES
AS WELL. SO I HAVE TO BE CAREFUL
THERE. THE SECOND IS THE
DEFINITION OF EMPLOYER WE
BELIEVE COULD APPLY TO
FRANCHISEES. AND OF COURSE WE
HAVE SOME 75,000 PLUS GIVE OR
TAKE FRANCHISEES IN THE STATE OF
CALIFORNIA AND THOSE FOLKS ARE
UNAWARE AND SHOULDN'T HAVE TO BE
KEPT APPRISED OF WHAT IS GOING
ON AMONGST OTHER FRANCHISEES
AROUND THE STATE. THANK YOU.
THANK YOU. GOOD AFTERNOON AGAIN
, ASHLEY, HALF AND ON BEHALF OF
THE CALIFORNIA CHAMBER OF
COMMERCE. WE ARE IN OPPOSED
UNLESS AMENDED POSITION AND
APPRECIATE CONVERSATIONS WE'VE
HAD WITH THE AUTHOR STAFF, UM,
RELATED TO EXPANDING THE
REQUIREMENTS OF CONTRACTORS. WE
OUR UNDERSTANDING OF THE INTENT
OF THE BILL. YOU KNOW, WHEN
YOU'RE TALKING ABOUT A WORKER
WHO IS WORKING SIDE BY SIDE
DOING THE SAME JOB AS AN
EMPLOYEE, WE ARE UNDERSTANDING
OF WANTING TO BRING THEM UNDER
THE WARN ACT. CONCERN IS REALLY
WHERE DO WE DRAW THE LINES? UM
THE DEFINITION OF LABOR
CONTRACTORS USING THE BILL HAS
BEEN INTERPRETED QUITE BROADLY
IN THE OTHER STATUTES. AND WHEN
YOU LOOK AT THE TIMING
REQUIREMENTS, IT IS ALSO VERY
BROAD. IT JUST SAYS THAT THEY
MUST HAVE PERFORMED WORK WITH
THE CLIENT EMPLOYER FOR AT LEAST
SIX MONTHS. FOR EXAMPLE, IT DOES
NOT SPECIFY. DOES THAT MEAN FULL
TIME? DOES THAT MEAN THEY CAME
THERE? MAYBE ONCE A MONTH. ONCE
IN THE SIX MONTHS IT'S A LITTLE
BIT UNCLEAR. UM AND SO IT'S
IMPORTANT TO KIND OF CONSIDER
THIS IN THE CONTEXT REALLY OF
WHAT THE WARREN ACT WAS SUPPOSED
TO BE ABOUT. WHEN WE ENACTED IT.
PURPOSES ARE TWOFOLD. TO NOTIFY
WORKERS WHO MAY BE AT RISK OF
LOSING THEIR JOB, BUT ALSO TILL
NOTIFY LOCAL COMMUNITIES ABOUT
LARGE LAYOFFS. THE NOTICES GO TO
LOCAL CITY AND COUNTY OFFICIALS
SO AGAIN IF A WORKER
SPORADICALLY PERFORMING WORK UM
, FOR A CLIENT. MAYBE IT'S ONE
OF FIVE CLIENTS. IS THAT REALLY
COMPARABLE TO A FULL TIME WORKER
OR IF THEY COULD JUST QUICKLY BE
REASSIGNED ELSEWHERE BY THE
LABOR CONTRACTOR OF WHICH THEY
ARE AN EMPLOYEE AGAIN, YOU KNOW,
LOCAL COMMUNITIES TO CHRIS'S
EXAMPLE, COULD BE GETTING
NOTICES THAT ARE NOT REALLY
AIMED AT WHAT THE WARRANT WAS
SUPPOSED TO DO, WHICH IS TO WARN
SMALLER COMMUNITIES ABOUT TIMES
WHEN THEY COULD EXPERIENCE LARGE
FINANCIAL DEVASTATION DUE TO
LARGE AMOUNTS OF LAY OFF. ALSO
DOESN'T REALLY CONSIDER. WHAT IF
THE CONTRACT ALREADY ACCOUNTS
FOR THIS SITUATION, YOU KNOW,
BETWEEN THE CLIENT AND LABOR
CONTRACTOR AND NOW ALL OF A
SUDDEN, IF YOU FAIL TO PROVIDE A
NOTICE IT COULD TRIGGER A
MONETARY REQUIREMENT. UNDER THE
WORN ACT SO AGAIN APPRECIATE THE
AUTHORS WILLINGNESS TO TALK
ABOUT THIS AND WILL CONTINUE TO
HAVE THOSE CONVERSATIONS. THANK
YOU. THANK YOU. ANYONE ELSE IN
OPPOSITION? MAYBE 30 56. MR
CHAIRMAN MEMBERS HAVE BECOME
BEHALF OF THE CALIFORNIA LEGAL
FOOD PRODUCERS IN OPPOSITION,
REALLY CONCERNED JUST ABOUT THE
DEFINITION OF THE COVERED
ESTABLISHMENT AND THE EXPANSION
THERE. THANK YOU. HELLO. RYAN,
ALONG WITH THE CALIFORNIA
RETAILERS ASSOCIATION LINER
COMMENTS WITH THE CHAMBER
OPPOSING RECOMMENDED. THANK YOU.
THANK YOU. HALF MEN ON BEHALF OF
TECHNICAL LINER COMMENTS WITH
THE CHAMBER. OPPOSING S AMENDED.
THANK YOU. THANK YOU. I MET
SUTTON WITH THE CALIFORNIA
RESTAURANT ASSOCIATION, ALSO IN
OPPOSITION. THANK YOU. ANY. MORE
OPPOSITION. OKAY, WE'LL BRING IT
BACK ANY QUESTIONS, COMMENTS
MOTIONS. THE BILL SECOND THE
OTHER QUESTIONS OR COMMENTS. UM,
I THINK THIS IS A VERY IMPORTANT
BILL, AND I APPRECIATE,
ESPECIALLY REPRESENTING A
COMMUNITY IN SILICON VALLEY. UM
IMPLICATIONS, PARTICULARLY IN
TERMS OF THE TECH SECTOR,
ALTHOUGH CORRECTLY SAID IT'S NOT
JUST THE TECH SECTOR AND THE
REALITY IS THAT THERE ARE
INDEPENDENT CONTRACTORS USED IN
MANY INDUSTRIES. UH AND I THINK
ALL WORKERS WHETHER INDEPENDENT
OR NOT. DESERVE THE RIGHT TO
HAVE SOME BASIC NOTICE
REQUIREMENTS THAT ALLOWED THEM
TO BE ABLE TO WORRY ABOUT THEIR
RENT WORRY ABOUT THEM TAKING
BEING ABLE TO TAKE CARE OF THEIR
FAMILIES. AND SO I APPRECIATE
SOME OF THE CONCERNS RAISED. I
KNOW THE AUTHOR WILL CONTINUE TO
WORK WITH THE OPPOSITION, BUT I
THINK THE FUNDAMENTAL UM,
PURPOSE OF THIS BILL IS JUST AND
I THINK IT'S A BARE MINIMUM. OF
WHAT EMPLOYERS SHOULD BE
EXPECTED TO DO WHEN THEY'RE
REALLY JUST COMPLETELY, UM,
UPROOTING A WORKER FROM WHAT'S
OTHERWISE SOMETHING THAT THEY'VE
BEEN DOING FOR AT LEAST SIX
MONTHS AND HAVE SOME SENSE OF
STABILITY. I WOULD REALLY
APPRECIATE BEING ADDED ON AS A
CO AUTHOR. AND WOULD YOU LIKE TO
CLOSE MR CHENEY? YES THANK YOU.
CHAIR AND THANK YOU, YURI FOR
BEING HERE AND ALL THE WORKERS
WHO HAVE CONTRIBUTED TO THIS
YEAH, ABSOLUTELY. WE'LL CONTINUE
TO WORK WITH THE OPPOSITION,
PARTICULARLY AROUND SOME OF
THOSE QUESTIONS AROUND
DEFINITIONS. BUT AT THE END OF
THE DAY, AS YOU SAID, MASS
LAYOFFS, WE WISH THEY DID NOT
HAPPEN. SOMETIMES THEY DO AND
WHEN THEY WHEN THEY DO HAPPEN,
THEY'RE INCREDIBLY DISRUPTIVE,
UH, AND CAN BE DAMAGING FOR
WORKERS, AND ALL WE WANT THEM TO
DO IS HAVE THAT ADEQUATE. AMOUNT
OF NOTICE AND TIME FOR THE
TRANSITION SO THEY CAN TAKE CARE
OF THEMSELVES AND THEIR FAMILIES
IN THAT PROCESS, AND WITH THAT
IT RESPECTFULLY ASK FOR YOUR
RIVAL. THANK YOU SO MUCH. MADAM
SECRETARY CAN TAKE THE ROLE ON
THE VOTE FOR ABBEY 13 56 MOTION
IS DUE PASS TO JUDICIARY
COMMITTEE. CHOLERA I FLORA
FLORA, NOT VOTING. CHEN. CHEN
NOT VOTING HANEY ANY EYE OR TAKE
UP I RAISE RAISE I AWARD I? THAT
BILL IS RIGHT THAT THOSE OUT.
ALRIGHT I THINK WE'RE ON OUR
LAST BILL TODAY TO THE CHAIR.
MAYBE 6 36. FIRST IN A SECOND.
UM. THANK YOU SO MUCH, MR CHAIR.
PROUD TO PRESENT A B 6 36, WHICH
WOULD REQUIRE IS TO ABC
EMPLOYERS TO GIVE ALL H TWO A
FARM WORKERS ON THEIR FIRST DAY
OF WORK, THE WRITTEN NOTICE OF
BASIC EMPLOYMENT RIGHTS WITH THE
SEPARATE SECTION OF SPANISH OR
REQUESTED IN ENGLISH, DESCRIBING
AN AGRICULTURE EMPLOYEES
ADDITIONAL RIGHTS UNDER STATE
LAW LAST YEAR, MORE THAN 43,000
FOREIGN FARM WORKERS WERE
IMPORTED BY ROUGHLY 100,
CALIFORNIA GROWERS. AND FARM
LABOR CONTRACTORS UNDER THE H
TWO, A FEDERAL VISA PROGRAM.
THIS NUMBER HAS BEEN INCREASING
ANNUALLY TO A FARM WORKERS IN
CALIFORNIA ARE LARGELY RECRUITED
IN MEXICO AND ARE TIED TO A
SINGLE CALIFORNIA EMPLOYER
PROVIDES THEM WITH HOUSING,
MEALS AND TRANSPORTATION TO WORK
SITES. MANY H TWO A WORKERS HAVE
NEVER BEEN TO CALIFORNIA BEFORE,
AND NEITHER SPEAK NOR READ
ENGLISH THAT THEY'RE FIRED FOR
ANY REASON THEY ARE SUBJECT TO
IMMEDIATE DEPORTATION, WHICH IS
A POWERFUL DISINCENTIVE. TO
REPORT ANY ABUSIVE WORKPLACE
CONDITIONS THEY ARE SUBJECTED TO
THIS BILL GIVES LABOR
COMMISSIONER SIGNIFICANT
DISCRETION TO DEVELOP THE
NOTICE. TEMPLATE CONTINUED THE
SUMMARY OF ADDITIONAL RIGHTS AND
THE POST ON THEIR WEBSITE FOR H
TWO EMPLOYERS TO USE TO COMPLY
WITH THE NOTICE REQUIREMENT. I
WILL NOTE THAT IN INTRODUCING A
B 6 36, WE INCORPORATED FEEDBACK
FROM THE INDUSTRY FROM THE
ADMINISTRATION OF LAST YEAR'S H
TWO. A WORKER PROTECTION BILL 88
57. AND WE LOOK FORWARD TO
CONTINUE TO WORK WITH
ADMINISTRATION TO SEE THIS ONE
TO THE FINISH LINE. A B 6 36
CREATES A SAFER, LEGALLY
COMPLIANT WORKPLACE FOR H TWO. A
FARM WORKERS THEREFORE,
RESPECTFULLY ASK FOR YOUR EYE
BOAT TESTIFYING IN SUPPORT OF
THIS BILL IS MARK SHOT THE
DEPUTY DIRECTOR FOR CALIFORNIA
RURAL LEGAL ASSISTANCE
FOUNDATION ON THIS ENTITY,
CASTRO DIRECTING ATTORNEY FOR
THE AGRICULTURAL WORKER PROGRAM
OF CALIFORNIA RURAL LEGAL
ASSISTANCE. THANK YOU. THANK YOU
VERY MUCH. MR VICE CHAIR AND
MEMBERS MARK SHOCKED WITH
CALIFORNIA RURAL LEGAL
ASSISTANCE FOUNDATION. UM AS YES
, L REMEMBER OUTLINED. THE BILL
CONTAINS PROBABLY 2 TO 3 DOZEN
SIGNIFICANT CALIFORNIA LAW OR
REGULATION, UH, INFORMATION
POINTS FOR EACH TO A VISA FARM
WORKERS. THAT ARE MORE
PROTECTIVE THAN FEDERAL LAW.
MANY OF US HAVE HAVE HEARD THE
OLD SAW A LEGAL RIGHT WITHOUT A
REMEDY IS NO RIGHT AT ALL. WELL
FOR THESE WORKERS, THEY HAVE
SUBSTANTIAL LEGAL RIGHTS. THEY
HAVE SUBSTANTIAL LEGAL REMEDIES,
BUT THEY VIRTUALLY. THEY DON'T
KNOW ANYTHING ABOUT THESE LEGAL
RIGHTS BECAUSE THE CONTRACTS
UNDER WHICH THEY'RE RECRUITED
EITHER DON'T MENTION THEM EITHER
FALSELY FALSELY STATE CALIFORNIA
LAW OR OFFER MISLEADING
STATEMENTS ABOUT CALIFORNIA LAW.
NEITHER THE DEPARTMENT OF LABOR
OR THE EMPLOYMENT DEVELOPMENT
DEPARTMENT REQUIRE EMPLOYERS TO
PROVIDE WORKERS WITH INACCURATE
, UM, SUMMARY OF APPLICABLE
STATE LAWS THAT BENEFIT THEM. UM
AND WE'RE COMING TO YOU. NOT
BECAUSE WE HAVEN'T GONE TO THEM.
WE HAVE GONE TO THEM AND THEIR
POSITION VERY SIMPLY, IS THEY
DON'T HAVE THE EXPERTISE TO
DEVELOP 50 SETS OF NOTICES FOR
50 STATES FOR ALL OF THE
AGRICULTURAL WORKERS THAT GO
INTO DIFFERENT JURISDICTIONS, SO
WE'RE ASKING THE LABOR
COMMISSIONER TO DEVELOP THAT
NOTICE WERE ASKING YOU TO
REQUIRE THE LABOR COMMISSIONER
POSTED AND ASKING YOU TO REQUIRE
EMPLOYERS TO GIVE IT TO THEIR
WORKERS. ON THEIR FIRST DAY OF
WORK, I'LL CLOSE WITH JUST MAKE
A COMMENT ON THAT LAST POINT.
IT'S CRITICAL THAT WORKERS GET
IT ON THEIR FIRST DAY OF WORK.
THEY'RE RECRUITED IN MEXICO OR
CENTRAL AMERICAN COMPANIES,
COMPANIES BY FOREIGN LABOR
RECRUITERS THAT ARE BEYOND THE
REACH OF CALIFORNIA LAW. UM
THAT'S WHY THE EXISTING NOTICE
THAT GIVES WORKERS AND NOTICE AT
THE TIME OF HIGHER DOESN'T WORK
FOR THESE WORKERS. THEY OFTEN
DON'T ARRIVE FOR SEVERAL MONTHS
AFTER THEY HAVE BEEN RECRUITED
AND HIRED. SO THE CRITICAL POINT
FOR THIS BILL AND THIS GROUP OF
WORKERS IS TO GET THAT SPANISH
LANGUAGE NOTICE ON THEIR FIRST
DAY OF WORK FROM THEIR EMPLOYER.
HAPPY TO ANSWER ANY QUESTIONS
AND ASK FOR HERE. I VOTE. THANK
YOU. NEXT WITNESS, PLEASE. GOOD
AFTERNOON MEMBERS. I'M A NOVICE
ENTERED THE CASTRO. I'M A
DIRECTING ATTORNEY FOR THE
AGRICULTURE, UM, WORKER PROGRAM
OF CALIFORNIA RURAL LEGAL
ASSISTANCE. WE ARE NONPROFIT
THAT HAS REPRESENTED AND
CURRENTLY REPRESENTS THOUSANDS
OF H TWO A WORKERS IN
CALIFORNIA. IS TO WHERE WORKERS
ARE BROUGHT INTO THIS COUNTRY BY
THEIR EMPLOYERS, AND THEY ARE
UNDER THE CONTROL OF THEIR
EMPLOYERS FOR MOST OF THEIR
NECESSITIES, AND THEY ARE
UNAWARE OF THEIR LEGAL RIGHTS.
THEIR HOUSE AND FED BY THEIR
EMPLOYERS, AND THEY'RE TOLD TO
WORK HARD WITHOUT COMPLAINING
AND OR RISK BEING SENT BACK TO
WHERE THEY CAME FROM. MOST H TWO
A WORKERS THAT THEY'RE COMING TO
CALIFORNIA. THEY'RE COMING FOR
THE FIRST TIME. THEY USUALLY
DON'T KNOW ANYONE HERE. THEY
DON'T HAVE ANY ACCESS TO
RESOURCES AS THEIR HOUSING
ISOLATED AREAS AND WHERE WORKERS
ADVOCATES HAVE NO ACCESS. UH
THESE WORKERS HAVE NO CARS, AND
THEY HAVE NO ACCESS TO PUBLIC
TRANSPORTATION. I HAVE
PERSONALLY INTERVIEW H TWO A
WORKERS THAT DIDN'T KNOW THEY
SHOULD HAVE BEEN PAID FOR ALL
THE HOURS. THEY WORKED FOR ALL
THE TIME THEY SPENT WORKING ON
THE FIELDS FOR THE TIME THEY'RE
IN TRANSPORTATION TO THE FIELDS
AND BETWEEN FIELDS. I'VE SPOKEN
TO HTWE WORKERS THAT DIDN'T KNOW
THEY SHOULD BE REIMBURSED FOR
THE EXPENSES. THEY HAVE TO COME
HERE TO WORK OR TO BUY TOOLS TO
WORK. AND I HAVE INTERVIEW H TWO
A WORKERS THAT DIDN'T KNOW THAT
THEY HAD THE RIGHT TO SEEK LEAVE
ACCRUED AND ARE TOLD TO GO TO
MEXICO TO GET MEDICAL CARE
WITHOUT PAY, RISKING THEIR JOB
AND THEIR VISA. AND I HAVE
REPRESENTED WORKERS THAT DIDN'T
KNOW THEY HAVE HOUSING RIGHTS.
IN MY EXPERIENCE, MOST H TWO A
WORKERS. DO NOT KNOW THEY'RE
PROTECTED IN CALIFORNIA LAW.
LIKE THEIR FELLOW DOMESTIC
AGRICULTURAL WORKERS. H TWO A
WORKERS, VULNERABILITY IMPACTS,
DOMESTIC AGRICULTURAL WORKERS
AND THE WHOLE AGRICULTURE
WORKFORCE. BECAUSE EMPLOYERS
HAVE NO INCENTIVE TO HIRE
DOMESTIC WORKERS. WHEN THEY CAN
HIRE HTWE WORKERS THERE ARE MORE
VULNERABLE AND DON'T KNOW THEIR
RIGHTS. THE PROVISIONS OF THIS
CALIFORNIA LEGAL RIGHTS
DISCLOSURE TO H TWO A WORKERS
EMPOWERED THESE WORKERS WITH
KNOWLEDGE OF THE RIGHTS. REDUCE
THEIR VULNERABILITY AND THAT
WILL AFFECT DOMESTIC WORKERS AS
WELL IN THE WHOLE WORKFORCE IN
CALIFORNIA. THANK YOU SO MUCH.
ANY MORE WITNESSES AND SUPPORT
MR CHAIR CAITLIN VEGA FOR THE
CALIFORNIA LABOR FEDERATION AND
SUPPORT MUCH. MARIKO YOSHIHARA
ON BEHALF OF THE CALIFORNIA
EMPLOYMENT LAWYERS ASSOCIATION
AND SUPPORT ABIGAIL ALVAREZ WITH
THE PESTICIDE ACTION NETWORK IN
CALIFORNIANS FOR PESTICIDE
REFORM AND SUPPORT. JESSICA
STANDARD ON BEHALF OF IGOR
RIGHTS ADVOCATES IN STRONG
SUPPORT. KRISTIN HOW TO LOCK
UFCW WESTERN STATES COUNCIL AND
STRONG SUPPORT. THANK YOU VERY
MUCH. ANYONE IN OPPOSITION TO A
B 6 36. MR HANEY. YEAH. OKAY SEE
YOU. NONE BRING IT BACK TO THE
COMMITTEE. ANY QUESTIONS? RIGHT?
MR CHAIR. WOULD YOU LIKE TO
CLOSE TO ASK FOR MY VOTE? THANK
YOU VERY MUCH SECTOR. PLEASE
CALL THE ROLL. MOTION IS DUE
PASS TO APPROPRIATIONS. CHOLERA
CHOLERA I FLORA FLORA, NOT
VOTING. CHEN. CHEN NOT VOTING
HANEY ANY I ORTEGA ORTEGA. I
RAISE RAISE I WARD WARD. I. THAT
BUILDS OUT THAT BILL IS OUT.
THANK YOU SO MUCH. MR VICE
CHAIR. WE'RE GOING TO START. WE
HAVE TWO BILLS THAT ARE ON CALL,
STARTING WITH ITEM ONE A B 12 28
HOLDEN. MADAM SECRETARY IF YOU
CAN CALL THE ROLE FOR THE
OPPOSITE MEMBERS. FLORA FLORA
NÓ. ORTEGA ORTEGA? I WARD. WARD
I WAS OUT ITEM THREE IS 85 94
MAIENSCHEIN. MADAM SECRETARY
CALL THE ROLE FOR THE ABSENT
MEMBERS. FLORA FLORA NO, CHEN
CHEN. NO ORTEGA ORTEGA. I RAISE
RAISE I AWARD. WORD I BILL IS
OUT. ALL BILLS ARE OUT. WE'LL GO
TO ADD ONS ITEM TO 85 24 WEEKS.
FLORA FLORA NÓ. BOARD. WARD I
DON'T FOR A B 7 47 MCCARTY.
CHEN. CHEN NO RAISE RAISE AYE.
YOU WOULD TAKE OVER. NUMBER THIS
IS NOW. GO BACK TO THE PARTIES
TO DOUBLE CHECK. AWARD VOTE,
OKAY? YES, HE JUST VOTED. UM
ITEM 5 15 93 GARCIA CHEN. ITEM 5
15 93 CHEN, I RAISE REYES? AYE.
AND THE FINAL ITEMS. ITEMS SIX.
MAYBE 8 71, HAITI. CHEN CHEN. I
RAISE. REYES I THANK YOU SO
MUCH. WE ARE ADJOURNED.