WELL. EVERYONE TO THE ASSEMBLY,
LABOR AND EMPLOYMENT COMMITTEE
HEARING AH, FOR THIS HEARING
TESTIMONY IS IN PERSON. UM BUT
WE DO ACCEPT WRITTEN TESTIMONY
THROUGH THE POSITION LETTER
PORTAL ON THE COMMITTEE'S
WEBSITE. WE ALSO HAVE AN EMAIL
ADDRESS SET UP THAT YOU CAN USE
EMAIL US YOUR TESTIMONY. THE
EMAIL IS A L B R DOT COMMITTEE
AT ASSEMBLY DOT C A DOT GOV A L
B R DOT C O M M I T T E AT
ASSEMBLY DOT C A DOT GOV, UH AND
WHETHER YOU DO IT THROUGH THE
PORTAL OR THROUGH EMAIL THAT ALL
BECOMES PART OF THE RECORD. WE
NEED ONE MORE MEMBER TO
ESTABLISH A QUORUM, SO WE'LL
TAKE IT AS SOON AS WE GET
ANOTHER MEMBER, SO WE WILL
PROCEED AS A SUBCOMMITTEE AT
THIS TIME SINCE WE DO HAVE AN
AUTHOR HERE. AND SO WE HAVE A
FILE ITEM. TWO SB 5 53, SENATOR
CORTEZ. WHENEVER YOU'RE READY,
FEEL FREE TO DO GET SETTLED AND
BEGIN.
THANK YOU, MR CHAIR AND MEMBERS
ARE PLEASED TO PRESENT SP 5 53
WORKFORCE SAFETY BILL, UM,
SPONSORED BY THE UNITED FOOD AND
COMMERCIAL WORKERS CO SPONSORED
BY ASK ME AFL CIO, OF COURSE, SP
5 53 WILL STRENGTHEN EXISTING
LAWS RELATED TO WORKPLACE
VIOLENCE BY EXPANDING THE
ABILITY OF IMPORTERS TO PROTECT
THEIR WORKERS. WORKPLACE SAFETY
AND BY CREATING ADDITIONAL
ENFORCEABLE PROTECTIONS FOR
EMPLOYEES. OSHA HAS IDENTIFIED
WORKPLACE VIOLENCE IS THE SECOND
LEADING CAUSE OF FATAL
OCCUPATIONAL INJURIES THE
WORKPLACE AND ESTIMATES THAT
NEARLY 2 MILLION WORKERS ARE
AFFECTED BY WORKPLACE VIOLENCE
EACH YEAR AS YOU MAY RECALL, AND
I KNOW YOU RECALL MR CHAIR
BECAUSE YOU WERE RIGHT THERE
WITH ME. ON MAY 26TH 2021 BT
EMPLOYEE ENTERED THE GUADALUPE
YARD VALLEY TRANSPORTATION
AUTHORITY. IN OUR RESPECTIVE
DISTRICTS AND KILLED NINE OF HIS
CO WORKERS AT THE FACILITY.
BEFORE TAKING HIS OWN LIFE. IN
RESPONSE TO THAT TRAGEDY, WE
WERE ABLE TO GET SP 12 94 SIGNED
INTO LAW. THE BILL PROMOTED
EMPLOYEE WELLNESS AND SAFETY AND
HIGH STRESS INDUSTRIES BY
CREATING A PATH. Tð EXPANDED
WORKER WELLNESS CENTERS. THAT
WAS A GOOD FIRST STEP, BUT OUR
WORK IS NOT COMPLETE.
UNFORTUNATELY WORKPLACE
SHOOTINGS ARE BECOMING MORE AND
MORE COMMON. IN JUNE OF 2020 TO
A SAFE WAY EMPLOYEE IN MY
DISTRICT IN SAN JOSE. MANUEL WHO
IS OUR CORNELL WAS SHOT AND
KILLED DURING A ROBBERY INSIDE
THE STORE. THE LEGISLATURE HAS
MADE SOME IMPRESSIVE STRIDES ON
REDUCING WORKPLACE VIOLENCE IN
2017 AFTER THE PASSAGE OF SB 12
99 BY THEN CALIFORNIA STATE
SENATOR ALEX PADILLA, ALOSHA
OFFICIALLY ADOPTED PIVOTAL
HEALTHCARE WORKPLACE VIOLENCE
PREVENTION STANDARDS. THESE
STANDARDS ONLY INCREASED
PROTECTIONS FOR HEALTH CARE
WORKERS, EXCLUDING MOST OF
CALIFORNIA'S WORKFORCE. THAT
SAID. SIX YEARS AGO, CAL OSHA
CIRCULATED A GENERAL INDUSTRY.
WORKPLACE VIOLENCE DISCUSSION
DROUGHT. OUTLINING WORKPLACE
VIOLENCE PREVENTION STANDARDS
FOR NON HEALTHCARE WORKERS.
HOWEVER. THAT DRAFT IS
SIGNIFICANTLY WEAKER PROTECTIONS
FOR ALL WORKERS IN THE HEALTH
CARE WORKPLACE VIOLENCE STANDARD
SIMILAR AS THEY MAY BE. I
ACKNOWLEDGE THAT THE SIX YEARS
OF PLANNING IS NOT DUE TO
INACTION, FINE TUNING OTHER
POLICIES AND THE REALITY OF THE
COVID 19 IMPACTED THE DRAFT
TIMELINE, OF COURSE.
NEVERTHELESS WE NEED TO
ACCELERATE THE STANDARD WITH
ROBUST PROTECTIONS. I FEEL WE
CAN'T STAND BY. WHILE INCIDENTS
OF WORKPLACE VIOLENCE CONTINUE
TO RISE, AND I KNOW MANY OF YOU
FEEL THE SAME WAY AS WELL. SP 5
53 WILL EXPEDITE WORKPLACE
VIOLENCE PREVENTION STANDARDS
FOR NON HEALTHCARE WORKERS
WORKERS. UM AND OFFER ALL
WORKERS. IN OTHER WORDS,
INDUSTRYWIDE, THE SAME QUALITY
OF PROTECTIONS THAT HEALTHCARE
WORKERS ENJOY. THROUGH
ARTICULATED WORKPLACE VIOLENCE
PREVENTION PLANS, AND THAT'S
WHAT THIS BILL CALLS FOR PLANS.
DATA COLLECTION ON WORKPLACE
VIOLENCE INCIDENTS EFFECTIVE
TRAINING, EXPANDING EMPLOYEE
PROTECTIONS. 5 53 WILL HELP
ENSURE ACCOUNTABILITY. IT'S BEEN
UNFORTUNATE TO SEE THE DEGREE OF
DISINFORMATION THAT CIRCULATED
REGARDING THE BILL, SOME GOING
AS FAR AS TO SAY THE BILL IS
LEGISLATING SHOPLIFTING OR
LEGALIZING IT SOMEHOW. JUST THE
OPPOSITE. SP 5 53 CLEARLY STATES
THE NEED FOR SHOPLIFTING
TRAINING, ACKNOWLEDGING THAT IN
CERTAIN ENVIRONMENTS LIKE RETAIL
AH! THE PLAN MAY REQUIRE THE
EMPLOYER MAY WANT TO REQUIRE
SECURITY PERSONNEL BE PRESENT.
THE COMPANY HAS THE DISCRETION
TO DECIDE. BUT IF THEY DECIDE SO
IT SHOULD BE INCLUDED IN THE
PLAN. THAT'S WHAT WE'RE TRYING
TO SAY HERE. FURTHERMORE
NONSECURITY PERSONNEL SHOULD
NEVER BE PUT IN CONFRONTATIONAL
SITUATIONS. WE'VE MADE A CLEAR
DISTINCTION IN THE BILL BETWEEN
SECURITY AND NON SECURITY RULES.
WE HAVE ADOPTED AMENDMENTS TO
FURTHER CLARIFY DEFINITIONS
LISTED IN THE BUILDING FURTHER
DISCOURAGE MISINFORMATION AND
THIS DEMONSTRATES OUR COMMITMENT
TO CONTINUAL DIALOGUE ON THE
BILL. WE ACKNOWLEDGE THAT SP 5
53 WON'T ELIMINATE WORKPLACE
VIOLENCE, HOWEVER, IT WILL
BETTER EQUIP AND PREPARE WORKERS
HOW TO RESPOND. WORKPLACE
VIOLENCE SITUATIONS ARISE. WE DO
HAVE WITH US TODAY. JESSE GRAY
WALL OF UFCW AND CHANNEL SOMALI
HAVE ASKED ME I WOULD THANK YOU,
AND IT'S APPROPRIATE TIME.
RESPECTFULLY ASK FOR YOUR VOTE.
THANK YOU SO MUCH. AND AS IS THE
CASE FOR ALL THE BILLS TODAY, AS
IS THE CASE AND EVERY ONE OF OUR
COMMITTEE HEARINGS, EACH WITNESS
, EACH SIDE CAN HAVE UP TO TWO
WITNESSES, AND EACH WITNESS CAN
SPEAK FOR UP TO TWO MINUTES.
GOOD AFTERNOON CHAIR AND
COMMITTEE MEMBERS. MY NAME IS
JESSE GRAY WALL WITH THE UNITED
FOOD AND COMMERCIAL WORKERS.
WESTERN STATES COUNCIL PROUD TO
SUPPORT SB 553, CALIFORNIA
WORKERS SHOULD NOT HAVE TO WAKE
UP EACH MORNING, AFRAID THAT
THEY WILL BE ASSAULTED OR KILLED
WHILE AT WORK. UNFORTUNATELY, WE
HAVE SEEN THE OPPOSITE IS TRUE.
FOR FAR TOO MANY CALIFORNIANS
THE STRESS OF SIMPLY EARNING A
LIVING AND PROVIDING FOR A
FAMILY IS INHUMANELY COMPOUNDED
BY A DAILY TERROR OF BEING
VIOLENTLY ATTACKED WHILE THAT
WORK, BOTH DATA AND EXPERIENCE
SHOW THEIR FEAR IS WARRANTED
OVER THE LAST SEVERAL YEARS,
REPORTS OF WORKPLACE VIOLENCE
FROM OUR MEMBERS HAVE
SKYROCKETED. IT IS NOW SADLY
TRUE THAT MOST OF OUR MEMBERS
HAVE BEEN A VICTIM. AT LEAST ONE
INCIDENT THREATENED OR ACTUAL
VIOLENCE AND MANY INTOLERABLY
EXPERIENCE WORKPLACE VIOLENCE ON
A REGULAR BASIS. OUR MEMBERS
HAVE BEEN ROBBED AT GUNPOINT.
THEY'VE BEEN ATTACKED PHYSICALLY
, SOME TO THE POINT OF NEEDING
TO BE HOSPITALIZED. THEY'VE BEEN
SPAT UPON BY PEOPLE INFECTED
WITH COVID 19. THEY'VE BEEN
ROUTINELY THREATENED WITH
VIOLENCE. AND IF YOU MEMBERS
HAVE EVEN BEEN MURDERED WHILE
PERFORMING THEIR JOBS. THE
FOLLOWING REAL WORLD EXPERIENCES
OF OUR MEMBERS ILLUSTRATE THE
HUMAN COST OF SUCH VIOLENCE, AND
I WANT TO SHARE TWO EXAMPLES
RELATED TO SHOPLIFTING AND SAN
JOSE. A SAFEWAY EMPLOYEE WAS
SHOT AND KILLED DURING A ROBBERY
INSIDE THE STORE. THERE WAS AN
ALTERCATION BETWEEN THE SAFELY
EMPLOYEE IN THE ASSAILANT WHO
WAS IN THE ALCOHOL SECTION
STEALING LIQUOR, WHICH PER
COMPANY POLICY REQUIRES THE
UNTRAINED WORKER TO APPROACH THE
ASSAILANT. AND ANOTHER INCIDENT
. TWO MEN CAME INTO THE WRITING
STORE AND EAGLE ROCK TO STEAL
BEER AS THEY WERE LEAVING THE
STORE WITH SEVERAL CASES OF BEER
THAT CASHIER APPROACH THEM PER
COMPANY POLICY. ONE OF THE MEN
PULLED OUT A GUN AND SHOT THE
CASHIER IN THE CHEST. THE
CASHIER DIED IN THE ARMS OF HIS
COWORKER WHILE THEY WAITED FOR
AN AMBULANCE TO ARRIVE. ALL OF
THESE EXAMPLES UNDERSCORE
UNDERSCORE THE NEED FOR BASIC
WORKPLACE VIOLENCE PREVENTION
PROTECTIONS THAT ARE EXCEPTION
FREE AND EASILY ENFORCEABLE
ACROSS ALL WORKSITES IN
CALIFORNIA, AND EVEN FURTHER
UNDERSCORES WHY COMPANIES SHOULD
NOT MAINTAIN POLICIES THAT
REQUIRE UNTRAINED WORKERS TO
APPROACH SUSPECTED SHOPLIFTERS
AS THE ONLY DETERRENCE POLICY.
THERE ARE SAFER WAYS TO
ENCOURAGE DETERRENTS, BUT
WORKERS SHOULD NOT BE COLLATERAL
DAMAGE TO KEEP PRODUCTS SAFE IN
THEIR STORE. IT IS FOR THESE
REASONS AND MORE. WE STRONGLY
URGE OR I VOTE. THANK YOU. THANK
YOU. CHAIR MEMBERS, JANICE
O'MALLEY WITH THE AMERICAN
FEDERATION OF STATE COUNTY
MUNICIPAL EMPLOYEES. UM, JUST
WANT TO THANK THE AUTHOR. UM FOR
HIS WORK ON THIS BILL, BUT ALSO
BOTH TO THE OTHER AND FOR THE
CHAIR FOR UM, JUST BEING GREAT
ADVOCATES FOR WORKERS WHO HAVE
BEEN VICTIMS OF VIOLENCE IN THE
WORKPLACE. THIS BILL IS REALLY
IMPORTANT TO OUR MEMBERS. UM
ESPECIALLY THIS YEAR. WE HAD
MEMBERS WHO CAME TO US FROM A
VARIETY OF SECTORS THAT WE
DIDN'T ANTICIPATE EXPERIENCE.
THE INCREASED LEVELS OF
VIOLENCE. UM OUR LIBRARIANS FROM
THE CITY OF L. A UM AND ALSO
EAST BAY PARKS AND REC. UM THOSE
FOLKS REACHED OUT TO US ABOUT
CONCERNS FOR INCREASED VIOLENCE
FROM THE PUBLIC. WE HAVE TO DO
SOMETHING. AH! WE DON'T WANT
THIS TO GET TO THE LEVEL OF THE
TRAGIC EXPERIENCE THAT FOLKS
FROM SANTA CLARA VITA HAD IN
FACT, ONE OF THOSE INDIVIDUALS
WHO WAS TRAGICALLY MURDERED WAS
A MEMBER OF OURS. UM THIS IS AN
IMPORTANT FIRST STEP. WE CAN
LEAD THE NATION IN COMING UP.
WITH A PLAN WORKING WITH OUR
EMPLOYERS WORKING WITH EMPLOYEES
, UH, TO FIND A MIDDLE GROUND TO
ENSURE THAT, UH THAT WORKERS
FEEL SAFE. AT WORK, THEY
SHOULDN'T HAVE TO RECEIVE
HORRIFIC PHONE CALL. UM ABOUT A
MASS SHOOTING IN THEIR WORKPLACE
BY THEIR FAMILY MEMBERS. UM THIS
IS A FIRST STEP AGAIN. TO
ENSURING THAT THEIR SAFETY IN
THE WORKPLACE AND WE BELIEVE
THAT. FOR THESE REASONS AGAIN,
YOU'VE YOU'VE HEARD IT FROM
JAZZY WHO HAD WONDERFUL COMMENTS
, BUT WE JUST REALLY APPRECIATE
THE TIME AND URGE YOUR SUPPORT.
THANK YOU. IS THERE ANYONE ELSE
HERE IN SUPPORT OF SB 553 NAME
AFFILIATION AND YOUR POSITION ON
THE BILL, PLEASE. MR CHAIR
COMMITTEE MEMBERS. LOUIS COST
STATE LEGISLATIVE BOARD OF SMART
TRANSPORTATION DIVISION IN
SUPPORT. THANK YOU. THANK YOU.
JOHN SHOVEN. CALIFORNIA NURSES
ASSOCIATION STRONG SUPPORT THANK
YOU. JAMES MICHAEL PAOLO ASKED
ME CALIFORNIA PROUD CO SPONSOR
AND SUPPORT. THANK YOU. THANK
YOU. NEVER NEED PER YEAR ON
BEHALF OF THE CALIFORNIA SCHOOL
EMPLOYEES ASSOCIATION AND
SUPPORT THANK YOU. MELISSA
SLOGAN ON BEHALF OF THE
PESTICIDE ACTION NETWORK AND
CALIFORNIANS WERE, UH,
CALIFORNIA FOOD AND FARMING
NETWORK AND SUPPORT. THANK YOU.
THANK YOU. MITCH STEIGER, WITH
THE CALIFORNIA LABOR FEDERATION.
ALSO IN SPORT. THANK YOU. GOOD
AFTERNOON. SHANE GUSSMAN ON
BEHALF OF THE TEAMSTERS, THE
AMALGAMATED TRANSIT UNION, THE
MACHINIST UNITE HERE IN THE
UTILITY WORKERS UNION OF AMERICA
IN SUPPORT. THANK YOU. ALRIGHT
NOW WITNESSES IN OPPOSITION FEEL
FREE TO A COUPLE OF CHAIRS UP
HERE. AND AGAIN, UM UP TO TWO
MINUTES IS SO FEEL FREE TO SEE.
GOOD AFTERNOON, MR CHAIR AND
MEMBERS ROBERT MOOD TREE FOR THE
CALIFORNIA CHAMBER OF COMMERCE.
WE ARE RESPECTFULLY OPPOSED TO
SP 553 AND I HAVE WITH ME AS OUR
SECOND WITNESS A LONG TIME. CAL
OSHA FOCUSED ATTORNEY KAREN TI¾N
AND WILL SPEAK TO HER PERSONAL
EXPERIENCE PROFESSIONALLY AROUND
THIS STANDARD. BEFORE I GET TO
SUBSTANCE. I WANT TO BE CLEAR
ABOUT WHAT WE ARE NOT OPPOSED TO
ON THE BUSINESS SIDE. WE'RE NOT
CERTAINLY HERE IN DEFENSIVE
WORKPLACE VIOLENCE. WE ACTUALLY
HAVE ACTIVELY WORKED WITH CAL
OSHA ON THIS FRONT, AND I'VE
BEEN ENGAGED WITH THE OFFER
THROUGHOUT THE YEAR TO WORK ON
IT. UM OBVIOUSLY, THE SHOOTINGS
AND THE GUN ISSUES IN CALIFORNIA
I WON'T SPEAK TO MY PERSONAL
THOUGHTS ON GUNS BUT ARE
CERTAINLY TRAGIC, BUT I WOULD
SAY ARE ARE SOMETHING THAT THIS
BILL WILL NOT, AS THE AUTHOR
ACKNOWLEDGED, NECESSARILY
PREVENT, BUT I WANT TO FOCUS ON
THE TEXT OF THE BILL. UM THE
BACKGROUND, THE AUTHOR
SUMMARIZED, I THINK IS ACCURATE
, BUT THERE'S A ADDITIONAL POINT
THAT NEEDS TO BE MADE. THERE WAS
A HOSPITAL. WORKPLACE VIOLENCE
STANDARD PASSED IN 2019 BY CAL
OSHA. THAT STANDARD WAS PASSED
WITH HOSPITALS WERE VIEWED AS A
UNIQUE SETTING WHERE PEOPLE HAVE
FAMILY MEMBERS WHO ARE HURT.
THERE'S DRUG ISSUES THERE. PSYCH
WARDS UNIQUE ISSUES THERE AND
THEN CAL OSHA DID MOVE TO WORK
ON A GENERAL INDUSTRY STANDARD,
AS NOTED. UM ARE SIGNIFICANT
PROBLEM WITH THIS BILL IS THAT
WHEN CAL OSHA LOOKED AT THE
HOSPITAL STANDARD THEY'RE
EXPERTS NOTED. THIS IS NOT
SOMETHING THAT MAKES SENSE
ACROSS ALL INDUSTRIES, AND IT'S
FEASIBLE FOR ALL EMPLOYERS.
SIMPLY PUT A HOSPITAL IS NOT THE
SAME AS A FOOD TRUCK OR A SUMMER
CAMP OR A CONSTRUCTION SITE, AND
THEREFORE THEY STARTED WRITING A
VERSION THAT WAS MEANT TO MAKE
SENSE ACROSS ALL INDUSTRIES ARE
ISSUE WITH THIS BILL, AND WE
HAVE SHARED WITH THIS WITH THE
AUTHOR AND SPOKE IS THAT THIS
BILL DOES NOT FOLLOW CAL OSHA'S
YEARS OF WORK ON THAT IMPROVED
VERSION. THIS BILL GOES BACK AND
COPIES THE HOSPITAL VERSION AND
I TO THE AUTHORS POINT, THE
HOSPITAL VERSION DOES HAVE MORE
IS LONGER AND HAS DIFFERENT
PHRASING, AND I WOULD SAY THE
REASON IS CAL OSHA ACKNOWLEDGED
. MOST EMPLOYERS ARE NOT
HOSPITALS AND CANNOT DO THOSE
THINGS. UM I THINK THE LAST
PIECE I WANT TO FLAG IS THAT
I'VE SPOKEN TO CAL OSHA STAFF
REPEATEDLY ON THIS, AND THEY ARE
ACTIVELY WORKING ON THE GENERAL
INDUSTRY STANDARD. AND THE ONLY
COMMENT THEY HAD TO ME WAS IF
THEY'RE GOING TO RUSSIA VERSION
OF THIS. I WISH THEY WOULD RUSH
HOURS. THANK YOU ALL PASSED TO
MY COLLEAGUE, KAREN TAINAN.
THANK YOU. THANK YOU. CHAIR AND
MEMBERS. UM MY NAME IS KAREN
TYNAN. I AM A SHAREHOLDER AT
OGLETREE DEAKINS IN THE
SACRAMENTO OFFICE AND ALSO CHAIR
OF OUR WEST COAST PRACTICE. I'VE
SPENT THE LAST 18 YEARS
REPRESENTING AND ADVISING BROAD
CATEGORIES OF CALIFORNIA
EMPLOYERS ON CAL OSHA COMPLIANCE
AND WORKING OPPOSITE ACTUALLY
CAL OSHA INSPECTORS AS WELL AS
PARTICIPATING IN THAT RULE
MAKING PROCESS THAT ROB HAS
DESCRIBED FOR YOU. SPECIFICALLY
ADVISED AND DEFENDED HOSPITALS
RELATED TO COMPLIANCE OF THAT.
CAL OSHA WORKPLACE VIOLENCE
STANDARD THAT HEALTHCARE
STANDARD AND THAT'S THE STANDARD
THAT, ROB EXPLAINED, IS COPIED
IN SB 553. SO I'M VERY FAMILIAR
WITH HOW THESE REQUIREMENTS,
ROLLOUT AND EMPLOYERS AND SO
FIRST THE HOSPITAL STANDARD WAS
NEVER INTENDED FOR ALL
INDUSTRIES, AND I WANTED TO
TESTIFY TO GET TODAY AND GIVE
SOME CONCRETE EXAMPLES OF WHY
EVEN VERY SUCCESSFUL LARGE AND
WELL RESPECTED HOSPITAL STRUGGLE
, UM, AND HAVE BARRIERS IN
COMPLYING WITH THE HOSPITAL
STERILE HEALTHCARE STANDARD. SO
AS MR MO TREE MENTIONED, EVERY
EMPLOYER IN THE STATE WILL NEED
TO DO ANNUAL ASSESSMENTS
TRAINING, AND WE ESTIMATE THOSE
COSTS TO BE IN THE TENS OF
THOUSANDS PER YEAR AND THEN, UM
, THEIR ACTUAL CHANGES TO THE
WORKPLACE AND, FOR EXAMPLE,
HIRING ADDITIONAL STAFF HIRING
ADDITIONAL SECURITY GUARDS,
PANIC BUTTONS. THOSE INSTALLING
BADGE AND SWIPE SYSTEMS ALSO
INCREDIBLY LARGE RESOURCE AND
REQUIREMENTS FOR CALIFORNIA
EMPLOYERS FISCALLY TO MAKE IN
SHORT, WE'RE TALKING ABOUT
CONSIDERABLE ACTIONS, EVEN FOR
WELL ORGANIZED AND FUNDED
ENTITIES LIKE HOSPITALS THAT
I'VE WORKED WITH. IT IS GOING TO
BE INCREDIBLY DIFFICULT, AND I
CANNOT IMAGINE SMALL AND MIDSIZE
EMPLOYERS SUCCESSFULLY COMPLYING
WITH THE REQUIREMENTS AND I DO
WANT TO POINT OUT THE COST OF
COMPLIANCE IS SIGNIFICANT. AND
ANY VIOLATIONS RELATED TO THE
REQUIREMENTS WILL LIKELY BE IN
THE RANGE OF $18,000 PER
VIOLATION. I'M GLAD TO ANSWER
ANY FURTHER COMPLIANCE QUESTIONS
THAT THE MEMBERS MAY HAVE. THANK
YOU. THANK YOU. IS THERE ANYONE
ELSE HERE IN OPPOSITION TO SB?
553 NAME AFFILIATION AND YOUR
POSITION ON THE BILL, PLEASE?
BRIAN STEP ON BEHALF OF THE
CALIFORNIA BEEKEEPERS
ASSOCIATION IN OPPOSITION. THANK
YOU. THANK YOU. GREAT GLAD
GUILTY WITH APEX GROUP ON BEHALF
OF THE ASSOCIATED GENERAL
CONTRACTORS OF CALIFORNIA AND
SAN DIEGO IN OPPOSITION. THANK
YOU. GOOD AFTERNOON, MR CHAIR
MEMBERS, CARLOS GUTIERREZ, AND
WE HAVE THE CALIFORNIA GROCERY
ASSOCIATION, CALIFORNIA VERSUS
FOOD ASSOCIATION, CALIFORNIA
CONTRACTORS AND GROWERS
ASSOCIATION AND THE AMERICAN
COUNCIL OF ENGINEERING COMPANIES
IN OPPOSITION. THANK YOU. GOOD
AFTERNOON, NICK CHAPPY ON BEHALF
OF THE CALIFORNIA TRUCKING
ASSOCIATION AND RESPECTFUL
OPPOSITION. THANK YOU. THANK
YOU. GOOD AFTERNOON K¾T DAVEY
WITH THE CALIFORNIA RESTAURANT
ASSOCIATION IN OPPOSITION.
LAWRENCE GAIN WITH THE
CALIFORNIA MANUFACTURING
TECHNOLOGY ASSOCIATION AND
OPPOSITION. THANK YOU. THANK
YOU. RYAN ELAINE WITH THE
CALIFORNIA RETAILERS ASSOCIATION
AND OPPOSITION. THANK THANK YOU.
ERIN AVERY WITH THE CALIFORNIA
SPECIAL DISTRICTS ASSOCIATION
AND ALSO ON BEHALF OF THE
ASSOCIATION OF CALIFORNIA SCHOOL
ADMINISTRATORS. RESPECTFULLY
OPPOSED. THANK YOU. THANK YOU.
SCOTT GOVERNOR PATH, THE
CONSTRUCTION EMPLOYERS
ASSOCIATION OPPOSING THANK YOU.
MR CHAIR CHRIS MAKELELE ON
BEHALF OF THE LOS ANGELES AREA,
CHAMBER OF COMMERCE AND
RESPECTFUL OPPOSITION. THANK
YOU. THANK YOU. CHRIS WALKER ON
BEHALF OF CALIFORNIA ASSOCIATION
OF SHEET METAL AND AIR
CONDITIONING CONTRACTORS IN
OPPOSITION. THANK YOU. HAVE BEEN
COMING HALF OF THE CALIFORNIA
LEAGUE OF FOOD PRODUCERS AND
OPPOSITION. THANK YOU. THANK
YOU. GOOD AFTERNOON. ROBERT
RODRIGUEZ, WORKPLACE SAFETY
ATTORNEY WITH OGLETREE, DEAKINS
AND OPPOSITION. THANK YOU. SO AS
YOU BRING IT BACK TO COMMITTEE
ON, ASK IF OUR SECRETARY CAN
TAKE THE WALL SO WE CAN
ESTABLISH QUORUM, PLEASE. CORA
FLORA CHEN. HANEY. ORTEGA.
REYES. WARD. ESTABLISHED ANY
QUESTIONS, COMMENTS MOTIONS FROM
COMMITTEE MEMBERS. ALL RIGHT. WE
HAVE A MOTION ON THE FLOOR OR
SOMETHING REWARD. UM THANK YOU.
IT'S A COUPLE OF QUESTIONS. UM I
I'M I'M WONDERING. I KNOW THIS
IS, UH, HERE WITH US BECAUSE CAL
OSHA HAS TAKEN FAR TOO LONG, AND
WE'RE NOT SURE WHEN THEY WILL
GET TO BE ABLE TO UPDATE SOME OF
THEIR STANDARDS AS WELL. UM. I'M
JUST WONDERING, HAVE YOU TALKED
WITH THEM ABOUT THAT TIMING AND
WHETHER OR NOT ALL THE WORK THAT
THEY'RE PUTTING INTO IT, GUIDING
THE KINDS OF DECISIONS ABOUT
THESE REQUIREMENTS OF THAT'S NOT
THE BETTER WAY THAT WE SHOULD
HAVE BEEN GOING ALL ALONG RATHER
THAN IMPOSING THIS. YES WE'VE
HAD EXCELLENT. UM INFORMATIVE
AND PRODUCTIVE CONVERSATIONS
WITH OSHA ALL THE WAY ALONG. NO
RESISTANCE TO THIS WHATSOEVER.
UM I THINK THEY KNOW WHAT WHAT
THEIR TIMING IS. THEY KNOW WHAT
THE SITUATION IS. IN THE WORLD,
AND I THINK THEY RECOGNIZE THAT
THE LEGISLATURE WILL DO WHAT IT
CAN WITH WHAT IT HAS RIGHT NOW
AND THAT THAT'S WHAT WE'RE UP
TO. WITH THIS, THOUGH, WHEN THEY
DO FINALIZE SOME OF THAT WORK
WHEN THIS SORT OF PREEMPT OR
POTENTIALLY SUPERSEDES THERE'S
NOTHING IN THE BILL THAT
PREEMPTS OCEAN FROM DOING ROLE
MAKING IN THIS SPACE. I MEAN,
THIS BILL CALLS FOR A PLAN TO BE
IN EMBEDDED IN. IN THE INJURY
PREVENTION PLAN, II PP. WHICH
EVERY ONE OF THESE EMPLOYERS HAS
TO HAVE ANYWAY. ALREADY WITH
SEVEN VERY BASIC PRINCIPLES THAT
THEY NEED TO ADDRESS IN THAT
PLAN, AND I'LL BE HAPPY TO GO
OVER THEM WITH HIM. YOU OR YOU
KNOW THE COMMITTEE IF ANYONE'S
INTERESTED THAT BASICALLY THINGS
THAT YOU'LL FIND IN MOST MIDDLE
SCHOOLS AND HIGH SCHOOLS NOW IN
TERMS OF UM SITE SAFETY. ABOUT
IT. SOMETHING I'LL BE WATCHING
FOR IS THIS MOVES FORWARD AND
WHAT DOES CONCERN ME? PROBABLY
THE MOST ABOUT IS THE IMPOSITION
ON SOME OF THE SMALLER PUBLIC
AGENCIES, UM, THEIR INABILITY TO
HAVE COST RECOVERY, UNLIKE
OTHERS THAT CAN FIND ALTHOUGH
IT'S A IMPOSITION ON THEM, TOO.
THEY HAVE MECHANISMS TO FIND
RESOURCES TO BE ABLE TO COMPLY
WITH SOME ADDITIONAL STANDARDS.
WHAT'S YOUR STORY? YOUR RESPONSE
TO THAT? IT'S AN IMPORTANT ISSUE
, AND I COMMITTED TO MY
COLLEAGUES ON THE SENATE. FOR
THAT. WE WILL BE AMENDING THE
BILL WITH LANGUAGE THAT PUTS
LIMITATIONS IF YOU WILL, ON THE
SIZE OF THE EMPLOYER AND MYSELF,
HAS BEEN WORKING, GOING BACK AND
FORTH WITH ALLEGED COUNCIL TO
CRAFT THAT IN A WAY THAT SHOULD
PRODUCE AN RN ANYTIME NOW. UM
AND THAT WILL BE FORTHCOMING,
AND THE INTENTION IS TO CROSS
THAT LANGUAGE IN THE NEXT
COMMITTEE. WONDERFUL OKAY, I'LL
LOOK FORWARD TO THAT AS WELL.
THANK YOU. THANK YOU. SUPPORT
TODAY. THANK YOU. SORRY, REYES.
I JUST WANT TO CONFIRM THIS IS
FOR A PREVENTION PLAN. THAT'S
RIGHT. PUT SOMETHING TOGETHER
AND RIGHT TO ACTUALLY SAY THAT
THIS IS WHAT OUR PLAN IS, AND
YOU HAVE A LIST OF THINGS THAT
NEED TO BE INCLUDED. YES AND I
HAVE A QUESTION FOR THE
OPPOSITION. I KNOW YOU'VE TALKED
A LOT ABOUT THIS. KELO SHA. UM
GUIDELINES. IF THIS BILL
INCLUDED ALL OF THAT LANGUAGE
THAN YOU WOULD REMOVE YOUR
OPPOSITION, SO TO CLARIFY THAT
THE GUIDELINES AS YOU SPOKE OF A
SEPTEMBER, UM AND COLLAGES
ONGOING PROCESS, WE'VE BEEN UP
FRONT WITH THE AUTHOR'S SPONSOR
AND OFFICES THAT IF THIS BILL
WERE TO MATCH THE DRAFT THAT CAL
OSHA HAS BEEN WORKING ON, WE
WOULD GO NEUTRAL. SHORT COLLEGE
IS ABOUT TO RELEASE ANOTHER ONE
THEY'VE BEEN WORKING ON. I TOLD
THEY TOLD ME A MONTH AGO,
THEY'RE ABOUT TO RELEASE WHAT
THEY THINK IS A BETTER VERSION
THAN WHAT THEY RELEASED LAST
YEAR. AND WE SAID WE WOULD MATCH
THOSE SHORT OF SOME ABSURD
CHANGE LIKE EVERYONE WILL HIRE A
10 SECURITY GUARDS. OBVIOUSLY
THAT'S NOT FEASIBLE FOR EVERY
EMPLOYER IN THE STATE. BUT
BROADLY SPEAKING, YES, WE HAVE
MADE THAT COMMITMENT AND WE
STAND BY IT RIGHT. YOU WOULD GO
NEUTRAL AS OPPOSED TO YES, WE
WOULD GO NEUTRAL. I CAN SPEAK
FOR SUPPOSED TO FAVORING IT.
YES, I HAVE HEARD OF JOKE SAID
SOMETIMES THAT SOMETIMES THE
CHAMBERS VERSION OF SUPPORT IS
NEUTRAL. BUT UM, IT'S A JOKE IS
A JOKE. BUT BUT FOR WHAT IT IS.
THAT'S WHAT WE CAN DO. OKAY? ALL
RIGHT. THANK YOU. THANK YOU BOTH
ANY OTHER COMMENTS OR QUESTIONS
? UM SENATOR. THANK YOU FOR YOUR
OVER THE MANY YEARS I'VE KNOWN
YOU LONG STANDING SUPPORT FOR
WORKERS AND WORKERS' SAFETY, BUT
ESPECIALLY YOUR ELEVATED
LEADERSHIP SINCE THE TRAGEDY AT
VITA, AND SO I APPRECIATE YOU
FOR BRINGING THIS FORWARD. I
WOULD LOVE TO BE ADDED AS A
PRINCIPAL CO AUTHOR. THAT'S OKAY
WITH YOU. DO YOU HAVE ANY
CLOSING COMMENTS? YEAH THANK YOU
VERY MUCH. AND THANK YOU TO YOUR
EXCELLENT COMMITTEE STAFF, WHICH
WE'VE I HAD THE OPPORTUNITY TO
WORK WITH ON A NUMBER OF ISSUES
OVER TIME IN A IN A VERY
PRODUCTIVE MANNER. I WANT TO
MAKE IT CLEAR THAT YOU CAN SKIN
THIS LANGUAGE UP AND DOWN
FORWARD AND BACKWARD IN THE
BILL. IT DOESN'T REQUIRE PANIC
BUTTONS THAT DOESN'T REQUIRE
ANYTHING IN TERMS OF HARDWARE.
IT'S SIMPLY SAYS IF YOU'RE GOING
TO USE THOSE THINGS, YOU OUGHT
TO WRITE THEM DOWN IN YOUR PLAN
AND MAKE SURE YOUR EMPLOYEES
KNOW ABOUT THEM. UM SEVEN,
ACTUALLY, EIGHT SIMPLE THINGS.
UM I'LL DO IT QUICKLY, MR CHAIR
. I KNOW YOU HAVE A LONG AGENDA,
BUT I'LL BE QUICK. THESE ARE ONE
SENTENCE EACH. REQUIRING ALL ALL
NON HEALTHCARE BECAUSE THEY'RE
ALREADY COVERED EMPLOYERS TO
MAINTAIN A VIOLENT INCIDENT LOG
OF ALL VIOLENT INCIDENTS AGAINST
EMPLOYEES AND POST INCIDENT
INVESTIGATIONS NOT COMPLICATED.
REQUIRING ALL. SUCH EMPLOYERS TO
PROVIDE ACTIVE SHOOTER TRAINING.
WE DON'T SPECIFY WHAT THAT LOOKS
LIKE THAT IT'S A CODE RED DRILL
OR ANYTHING ELSE. PUT IN YOUR
PLAN. SOME SOME KIND OF PLAN FOR
WHAT HAPPENS JUST LIKE YOU WOULD
FOR A FIRE DRILL OBVIOUSLY COULD
BE MORE LETHAL. REQUIRE RETAIL
EMPLOYERS TO PROVIDE SHOPLIFTER
TRAINING. AGAIN. DO IT THE WAY
YOU LIKE. BUT MAKE SURE YOU PUT
SOMETHING IN YOUR PLAN TO
ADDRESS IT. REQUIRES IMPORTERS
TO MAINTAIN POLICIES THAT SOLELY
UTILIZED TRAINED, DEDICATED
SECURITY PERSONNEL AND LOSS
PREVENTION OFFICERS TO CONFRONT
SUSPECTED ACTIVE SHOPLIFTERS
AGAIN. UM, HAVE A POLICY. HAVE A
POLICY THAT ADDRESSES WHICH OR
WHOM ARE DEDICATED SECURITY
PERSONNEL. WHO ARE YOUR LOSS
PREVENTION PEOPLE? IF YOU HAVE
THEM, THEY'RE NOT REQUIRED. UM,
AND WHO'S NOT BECAUSE WE DON'T
WANT THOSE FOLKS IN HARM'S WAY.
I HONESTLY THINK THAT IF YOU
THINK OF GROCERY CHECKER OR A
BAGGER OR JOURNEYMEN GROCERY
CORK LIKE I USED TO BE TO BE
CONFRONTING, UM, VIOLENT
INTRUDER IN A GROCERY STORE.
YOU'RE TESTIFYING IN THE WRONG
STATE, BECAUSE I DON'T THINK WE
STAND FOR THOSE VALUES IN THIS
STATE. INCLUDING ITS PART NEXT
AS PART OF THE EXISTING II PP
AND ASSESSMENT OF STAFFING
LEVELS AS A CAUSE FOR WORKPLACE
VIOLENCE, INCIDENTS AND
ASSESSMENT, PART OF AN EXISTING
II PP AND ALLOW AN EMPLOYEE
REPRESENTATIVE TO BE A
PETITIONER FOR WORKPLACE
VIOLENCE RESTRAINING ORDER. UM
EVEN IN THAT CASE, WE TOOK
AMENDMENTS AND WE HAVE ENJOYED
WORKING ON THE AMENDMENTS THAT
WE HAVE TAKEN WITH THE
OPPOSITION. Tð ESSENTIALLY
DELAYED IMPLEMENTATION ON THAT
AND TO MAKE SURE THE LANGUAGE
ALLOWS PEOPLE TO GET UP TO SPEED
MOST RECENTLY UM, WE HAVE DEALT
WITH AMENDMENTS THAT WOULD
PROVIDE ANONYMITY. UM AND OPT
IN, OPT OUT, SO THE EMPLOYER
CANNOT FORCE SOMEBODY OR AN
EMPLOYER REPRESENTATIVE TO SEEK
A RESTRAINING ORDER AND LASTLY
REQUIRE EMPLOYERS TO REFER
WORKERS TO WELLNESS CENTERS.
WE'VE HEARD IN THE OPPOSITION.
WE'RE ALL NOW GOING TO HAVE TO
BUILD WELLNESS CENTERS OR CREATE
THEM OR INSTALL THEM. UH, WE'RE
JUST SIMPLY SAYING IN YOUR PLAN
INDICATE WHEN SOMEBODY IS HAVING
THE KIND OF HEALTH ISSUES
PARTICULARLY MENTAL HEALTH
ISSUES THAT MANIFESTS THEMSELVES
THAT YOU OUGHT TO HAVE AWAY IN
YOUR PLAN TO REFER THEM
SOMEWHERE TO GET SOME HELP.
AGAIN. WE HAVE MAYBE SOME VERY
ADVANCED MIDDLE SCHOOLS AND
SILICON VALLEY, UM, BUT HAVE
ENJOYED TOURING THEM AND SEEING
THESE EXACT SAME EXACT SAME
PROVISIONS THERE. UM I'M SORRY
TO GO ON, BUT WE DID WANT TO
TAKE AN OPPORTUNITY TO REBUT
SOME OF WHAT WE HEARD. AND I
RESPECTFULLY ASK FOR YOUR VOTE,
AND I APPRECIATE AGAIN THE
COMMITTEE'S SUPPORT. THANK YOU
SO MUCH. SENATOR RECOMMENDATION
IS DO PASS THE JUDICIARY. WE
HAVE EMOTIONAL THE TABLE MADAM
SECRETARY OF WAR ON THE VOTE FOR
SP 553. MOTION IS DUE PAST TWO
JUDICIARY COMMITTEE. CHOLERA
CHOLERA I FLORA FLORA NO, CHEN
HANEY. PENNY. I ORTEGA. CAN I
RAISE AWARD? WARD. I. THAT BILL
IS OUT AND WILL ALLOW. I DON'T
FOR THAT, AND THEN WE'LL GO ON
TO ITEM NUMBER ONE. SP 3 99
SENATOR HOB.
YEAH. ALRIGHT, LET'S SEE HERE.
WHENEVER YOU'RE READY. THANK
YOU. THANK YOU. CHAIR AND
MEMBERS. I WOULD LIKE TO THANK
THE COMMITTEE STAFF FOR THEIR
WORK ON THIS BILL. SB 399
CLARIFIES THAT WORKERS HAVE THE
FREEDOM TO DECLINE, MANDATORY
MEETINGS OR COMMUNICATIONS WHERE
THEIR EMPLOYER EXPRESSES
PERSONAL VIEWS ON RELIGIOUS OR
POLITICAL MATTERS, INCLUDING
POLITICAL PARTY OR UNION SUPPORT
OR OPPOSITION. THESE MEETINGS
ARE OFTEN REFERRED TO AS CAPTIVE
AUDIENCE MEETINGS BECAUSE,
ALTHOUGH NOT JOB RELATED WORKERS
ARE NOT PERMITTED TO LEAVE, NOR
ATTEND WITHOUT FACING DISCIPLINE
OR OTHER ADVERSE ACTIONS IN MANY
WORKPLACES, EMPLOYEES ARE AT
WILL AND CAN BE FIRED AT ANY
TIME FOR ALMOST ANY REASON. IT
GIVES EMPLOYERS TREMENDOUS POWER
TO PRESSURE WORKERS TO DO AS
THEY SAY, IMAGINE THAT YOU'RE AT
WORK AND YOUR BOSS CALLS YOU
INTO A MANDATORY ALL STAFF
MEETING. BUT MORE SPECIFICALLY,
IMAGINE THAT YOU ARE FROM AN
IMMIGRANT BACKGROUND. OR NEED
THE JOB TO BE ABLE TO SURVIVE OR
WORKING TWO JOBS AND YOU TRY TO
LEAVE BUT ARE TOLD YOU WILL BE
WRITTEN UP AND POSSIBLY FIRED.
IF YOU LEAVE. THIS IS WHAT
WORKERS FACE EVERY DAY. THERE IS
AN IMBALANCE OF POWER. AND
ALTHOUGH WE RESPECT OUR
EMPLOYERS FOR CREATING JOBS AND
MAKING SURE THAT PEOPLE ARE PAID
AT THE SAME TIME, THERE IS NO
PLACE FOR RELIGIOUS OR POLITICAL
DISCUSSION IN A WORKPLACE.
CALIFORNIA HAS LONG PRIDED
ITSELF AS A SANCTUARY FOR
WORKERS, REGARDLESS OF RACE,
GENDER, SEXUAL ORIENTATION,
RELIGION OR POLITICAL LEANING.
IT IS IMPORTANT THAT WORKERS ARE
FREE TO GO TO WORK WITHOUT
FEELING COERCED INTO LISTENING
TO THE POLITICAL OR RELIGIOUS
VIEWS OF THEIR EMPLOYER AGAINST
THEIR WILL. THIS BILL PROVIDES
EXEMPTIONS SO EMPLOYERS CAN
COMMUNICATE. LEGALLY REQUIRED
INFORMATION ESSENTIAL FOR
WORKERS TO FULFILL THEIR JOB
DUTIES. LIKEWISE NOTHING IN SP
399 PREVENTS EMPLOYERS FROM
COMMUNICATING THEIR PERSONAL,
POLITICAL OR RELIGIOUS BELIEFS
TO THEIR WORKERS. IT'S SIMPLY
CLARIFIES THEY CANNOT REQUIRE
WORKERS TO ATTEND MEETINGS TO
DISCUSS RELIGIOUS OR POLITICAL
MATTERS THAT ARE NOT GERMANE TO
THE WORK THEY DO WITH ME IN
PERSON TO TESTIFY IS HANNAH
SMITH, A FORMER ARI EMPLOYEE AND
SARAH FLOCKS FROM THE CALIFORNIA
LABOR FEDERATION. THANK YOU SO
MUCH, SENATOR UP TO TWO MINUTES,
PLEASE. HI MY NAME IS HANNAH
SMITH AND I WORKED AT AREA AS A
RETAIL SALES SPECIALIST FOR A
YEAR AND A HALF UNTIL A COUPLE
OF MONTHS AGO. I WORKED AT THE R
E I STORE IN BERKELEY, WHICH WAS
THE SECOND RESTORE TO UNIONIZE.
WE WANT RECOGNITION OF OUR UNION
IN AUGUST OF 2022 AS SOON AS
MANAGEMENT FOUND OUT THAT WE
WERE ORGANIZING IN THE R E I IN
BERKELEY, THEY STARTED HOLDING
CAPTIVE AUDIENCE MEETINGS, 2 TO
3 TIMES A DAY TO TRY TO
INTIMIDATE US AND CONVINCE US
NOT TO ORGANIZE A UNION. THEY
WOULD USE DIFFERENT METHODS FROM
THESE MEETINGS. SOME WOULD BE
GROUP MEETINGS IN THE MORNING OR
AT THE END OF THE DAY WITH
WHOEVER WAS SCHEDULED THAT DAY
WOULD BE ONE ON ONES WITH
MANAGEMENT SPENDING OVER AN HOUR
WALKING AROUND THE STORE WITH US
TO TALK TALK ABOUT THEIR
OPINIONS ON UNIONS. THEY ALSO
USED THE STRATEGY OF BRINGING IN
VISITING MANAGERS TO THE STORE.
BEFORE WE STARTED ORGANIZING. WE
WOULD HAVE FOUR MANAGERS AT OUR
LOCATION PER DAY AFTER THEY
LEARNED THAT WE WERE TRYING TO
UNIONIZE. WE BEGAN TO HAVE 9 TO
10 MANAGERS IN THE STORE A DAY
FLOWING AROUND FROM AROUND THE
COUNTRY. THESE FLOATING MANAGERS
WOULD HOLD CAPTIVE AUDIENCE
MEETINGS WHILE THEY WERE AT OUR
STORE. AND WHILE WE WERE WORKING
ONE VISITING MANAGER TOOK ME ON
A WALK AROUND THE STORE DURING A
CAPTIVE ONE ON ONE AND TOLD ME
THAT HIS PARENTS HAD BEEN COAL
MINERS AND THAT BECAUSE OF THE
UNION, HE WAS ABLE TO GO TO
COLLEGE AND THAT UNIONS WERE
GOOD, BUT THAT THEY WEREN'T
RIGHT FOR OUR AI. HE ASKED ME
ABOUT THE SPECIFICS OF THE UFCW
FIVE PENSION PLAN AND ASKED IF I
WAS AWARE THAT I COULD
POTENTIALLY LOSE MY COWORKERS,
THEIR HEALTH INSURANCE IF WE
WERE TO UNIONIZE. HE ASKED ME IF
HOW I FELT ABOUT THE FACT THAT
LIKE I WOULD BE RESPONSIBLE FOR
FOLKS NOT HAVING HEALTH CARE IN
OUR STORE, POTENTIALLY THEY USE
SCARE TACTICS AND TRY TO SPREAD
MISINFORMATION. DURING THESE
MEETINGS, THEY TOLD SALES
ASSOCIATES TO ASK THEIR
COWORKERS WHO WANTED A UNION TO
EXPLAIN EXACTLY WHAT THE UNION
PENSION PLAN WOULD BE. UM THEY
SAID THINGS THAT WERE ENTIRELY
FALSE THAT THE UNION WOULD NEED
TO APPROVE ANY VACATION REQUEST
THAT ANY WORKERS WANTED TO USE
OR THEIR SICK DAYS. UM AND THE
MISINFORMATION CAMPAIGN STARTED
TO WORK. THERE WERE 100 AND 20
COWORKERS OF MINE AT THE
BERKELEY STORE. ONCE THE CAPTIVE
AUDIENCE MEETINGS BEGAN, I GOT
TEXTS EACH DAY FROM 3 TO 4
PEOPLE WITH DIFFERENT LIVES THAT
MANAGERS HAD TOLD THEM THAT YOU
GET TO CLARIFY. YOU CAN SHOVE
YOUR LAST UP. THANKS UM, I'LL
JUST SUMMARIZE TO SAY THAT IT'S
A HORRIBLE FEELING TO BE IN A
CAPTIVE AUDIENCE MEETINGS BUT
THE ONE ON ONE AND GROUP MEETING
AND IT WAS SOMETHING THAT OTHER
WORKERS SHOULD NOT HAVE TO GO
THROUGH. WE WANT OUR UNION
ELECTION, BUT I'M ASKING YOU FOR
SUPPORT IN URGING THE
LEGISLATURE TO PASS SENATE BILL
3 99 TO PROHIBIT EMPLOYERS FROM
REQUIRING WORKERS LIKE MYSELF TO
ATTEND THESE COERCIVE CAPTIVE
AUDIENCE MEETINGS. THANK YOU.
THANK YOU. AND I DISCUSSED HOW
IRONIC THAT VERY I COOPERATIVE.
COOL SPOT SO AGGRESSIVELY
AGAINST COLLECTIVE ACTION
ANYWAY, THAT'S THE SIDE THAT,
UM, MISS BLOCKS. MR CHAIRMAN
MEMBERS. SARAH FLOCKS CALIFORNIA
LABOR FEDERATION WHERE PROUD CO
SPONSOR OF THE BILL. I JUST WANT
TO START BY SAYING, UM, THE
BUSINESS INDUSTRY PACK IS A
NATIONAL ORGANIZATION THAT IS
OFFERING TO TRAIN EMPLOYERS ON
HOW TO QUOTE TRANSFORM YOUR
EMPLOYEES INTO AN ARMY OF PRO
BUSINESS VOTERS IN 2020. UBER
HAD A CAMPAIGN TO GET THEIR
DRIVERS TO VOTE. YES, ON PROP 22
. THEY REQUIRE DRIVERS TO WATCH
A VIDEO. YES ON 22 AND OTHER
MESSAGES BEFORE THEY CAN LOG IN
TO START THEIR SHIFT TO DRIVE TO
EARN A LIVING. THIS IS JUST A
FEW EXAMPLES OF THE WAYS THAT
EMPLOYERS CAN USE CAPTIVE
AUDIENCE MEETINGS TO HAVE
WORKERS LISTEN TO THEIR THEIR
POLITICAL VIEWS AND THEIR
RELIGIOUS VIEWS. SP 3 99 IS A
VERY SIMPLE BILL. IT BASICALLY
SAYS THAT EMPLOYERS CAN SAY WHAT
THEY WANT AT THE WORKPLACE. THEY
HAVE FREEDOM OF SPEECH, BUT THEY
CANNOT COERCE, INTIMIDATE OR
BULLY WORKERS INTO LISTENING TO
THEIR POLITICAL OR RELIGIOUS
SPEECH. IT DOES NOT REGULATE
SPEECH IT IS ABOUT WHEN SPEECH
TURNS INTO COERCIVE ACTION. AND
THERE IS RETALIATION OR
DISCIPLINE AGAINST WORKERS IF
THEY DECLINE TO LISTEN TO THIS
SPEECH, THE OPPOSITION IS GOING
TO COME UP HERE AND SAY THAT
THIS IS A VIOLATION OF THE FIRST
AMENDMENT. BUT THE SUPREME COURT
, THE U. S. SUPREME COURT HAS
BEEN CLEAR. THEY HAVE SAID NO
ONE HAS A RIGHT TO PRESS EVEN
GOOD IDEAS ON AN UNWILLING
RECIPIENT OR AN AUDIENCE
INCAPABLE OF DECLINING TO
RECEIVE THAT. THEY HAVE ALSO
SAID THAT THE FIRST AMENDMENT
ALLOWS FOR THE PROTECTION OF THE
UNWILLING LISTENER, AND THEY
HAVE SAID THAT STATES CAN
LEGISLATE IN THIS AREA. THAT IS
WHAT S B 3 99 IS DOING. IT'S
SAYING THAT EVEN THOUGH
EMPLOYERS CAN SAY WHATEVER THEY
WANT IN THE WORKPLACE, THEY
CANNOT PRESSURE WORKERS INTO
LISTENING TO IT. THAT'S ALL THIS
BILL DOES, AND WE URGE YOUR IVO
THANK YOU. ANYONE ELSE IN
SUPPORT OF SP 3 99. ON LINE UP
BY THE MICROPHONE NAME
AFFILIATION. JAMES MICHAEL PAULA
, WITH ABSOLUTE CALIFORNIA
STRONG SUPPORT OF THE BILL.
THANKS. THANK YOU. SHANE DUSTMAN
ON BEHALF OF THE TEAMSTERS UNITE
HERE. THE MACHINISTS, THE
AMALGAMATED TRANSIT UNION IN
SUPPORT. THANK YOU. THANK YOU.
MR CHAIR, REMEMBERS MEGAN SUPERS
ON BEHALF OF THE CALIFORNIA
PROFESSIONAL FIREFIGHTERS AND
SUPPORT JESSE GRAY WALL, UFCW
WESTERN STATES COUNSEL AND
SUPPORT THANK YOU. MARIKO
YOSHIHARA IN BEHALF OF THE
CALIFORNIA EMPLOYMENT LAWYERS
ASSOCIATION AND THE CALIFORNIA
COALITION FOR WORKER POWER AND
SUPPORT. THANK YOU. JOSHI KAREN
NICK STATE BUILDING TRADES AND
SUPPORT. THANK YOU. PEREIRA ON
BEHALF OF THE CALIFORNIA SCHOOL
EMPLOYEES ASSOCIATION. AND
SUPPORT THANK YOU. JOHN SHOVEN.
CALIFORNIA NURSES ASSOCIATION
SUPPORT THANK YOU. THAT WILL
COST US SMART TRANSPORTATION
DIVISION STATE LEGISLATIVE BOARD
AND SUPPORT. THANK YOU.
WITNESSES IN OPPOSITION SP 3 39.
THE OTHERS.
HMM. UP TO TWO MINUTES EACH.
WHENEVER YOU'RE READY. IS THE
BATTERY STILL WORKING IN THERE?
I WON'T. I WON'T MEET MEET YOU
QUITE YET. GOOD AFTERNOON, MR
CHAIR AND MEMBERS CHRIS MCKAY LI
ON BEHALF OF THE HOLLYWOOD
CHAMBER OF COMMERCE IS WE'VE
DISCUSSED PREVIOUSLY. ON IN
REGARDS TO SP 3 99. WE DO THINK
THAT THE BILL WILL HAVE A
FUNCTIONAL CHILLING OF EMPLOYERS
SPEECH. THE CONCERN IS AH! THE
DEFINITION OF POLITICAL MATTERS
. I COULD ALMOST BUY FOR KATE
FOR YOU IN SUBDIVISION B THREE
OF THE BILL. AND THAT IS BECAUSE
THE PROPONENTS, FOR EXAMPLE, SAY
THAT WITHOUT THIS, EMPLOYERS
WILL COERCE, INTIMIDATE AND
BULLY. IN LABOR CODE SECTIONS,
11 01 AND 11 02. IT PROHIBITS IN
PLOY EAR'S FROM COERCING OR
ATTEMPTING THEM TO ATTEMPTING TO
COERCE HER INFLUENCE AND
EMPLOYEES, POLITICAL ACTIVITIES
AND PART OF THE DEFINITION IN B
THREE INCLUDES ELECTIONS FOR
POLITICAL OFFICE AND DECISIONS
TO JOIN OUR SUPPORT OF POLITICAL
PARTY. WHICH I DON'T FIND
OBJECTIONABLE, BUT IT ALSO
INCLUDES. TWO WORDS, LEGISLATION
AND REGULATION. NEITHER OF WHICH
ARE DEFINED. SO THAT WOULD
PRECLUDE AN EMPLOYER FROM
DISCUSSING PENDING LEGISLATION.
FOR EXAMPLE, OR REGULATION. WE
KNOW OF MEMBERS WHO INVITE
REGULATORY AGENCIES INTO THEIR
PLACES OF EMPLOYMENT TO EXPLAIN
THINGS TO EMPLOYEES ON HOW TO
COMPLY, ETCETERA. NOW I KNOW IT
WAS CITED, AND I'M GONNA PULL IT
UP AND F ONE THAT EMPLOY THE
STATEMENT WAS MADE THAT
EMPLOYERS CAN INFORM EMPLOYEES,
HOWEVER, LISTEN TO THE LANGUAGE
OF F ONE. IT DOESN'T PROHIBIT
AND EMPLOYER FROM COMMUNICATING
TO ITS EMPLOYEES. ANY
INFORMATION THAT THE EMPLOYER IS
REQUIRED BY LAW TO COMMUNICATE.
I VIEW THAT LANGUAGE IS VERY
LIMITING BECAUSE, FOR EXAMPLE,
WE HAVE CERTAIN THINGS THAT WE
HAVE TO INFORM EMPLOYEES OF YOU
OFTEN SEE THEM IN, SAY, THE
COMMON AREA OR PERHAPS A
KITCHEN. I'LL WRAP UP MR CHAIR.
UH THOSE ARE THE THINGS THAT YOU
HAVE TO APPRISE YOUR EMPLOYEE OF
SO THIS LANGUAGE IS VERY
LIMITING. AND SO FOR THOSE
REASONS AND THE CREATION OF AN
ADDITION TO THE LABOR CODE BEING
SUBJECT TO ENDORSEMENT BY CAUGHT
BY PARKA, WE RESPECTFULLY
OPPOSED. THANK YOU. THANK YOU.
MR CHAIRMAN MEMBERS, COURTNEY
JENSEN ON BEHALF OF CALIFORNIA
CHAMBER OF COMMERCE. IN ADDITION
TO THE CONCERNS RAISED BY MR
MCFEELY, I WANTED TO RAISE SOME
LEGAL CONCERNS. MOST
RESPECTFULLY WE DISAGREE AND
BELIEVE THAT SP 399 DOES VIOLATE
THE FIRST AMENDMENT AND IS A
CONTENT BASED RESTRICTIONS ON
SPEECH IN ORDER TO DO A CONTENT
BASED RESTRICTION AND HAVE IT
NOT BE UNCONSTITUTIONAL. THE
GOVERNMENT MUST SHOW A
COMPELLING INTEREST. AND THAT
THE PROPOSAL IS THE LEAST
RESTRICTIVE MEANS OF
ACCOMPLISHING THAT INTEREST IS A
VERY DIFFICULT TEST TO MEET AND
WE DO NOT BELIEVE SP 399 MEETS
THOSE QUALIFICATIONS AND
EMPLOYER COULD REQUIRE A MEETING
ON THE SACRAMENTO KINGS, THE
WEATHER KNITTING BUT NOT
REGARDING POLITICAL MATTERS,
WHICH MEANS WHICH MAY BE VERY
RELEVANT TO THE WORKPLACE.
EMPLOYERS HAVE A RIGHT TO
COMMUNICATE WITH EMPLOYEES AND
COMPANIES SUPPORT FOR OR
OPPOSITION TO LEGISLATION,
REGULATIONS, BALLOT MEASURES AND
MORE, AND THIS MAKES SENSE IF A
PENDING BILL COULD POTENTIALLY
SHUT DOWN THEIR COMPANY OR
DRASTICALLY AFFECT JOBS, AND
THAT IS SOMETHING EMPLOYEES
WOULD WANT TO KNOW. BILLS FOR
THE BILL'S PROVISIONS ARE
CONTENT BASED, WHICH IS
PRESUMPTIVELY UNCONSTITUTIONAL.
WE ALSO BELIEVE IT RUNS INTO
ISSUES WITH EXISTING FEDERAL LAW
. IF A SUPERVISOR IS TALKING TO
SUBORDINATES ABOUT A POLITICAL
MATTER THAT IS ARGUABLY
PROTECTED BY SECTION SEVEN OF
THE N L. R A. IT COULD BE SEEN
AS FORCING SUBORDINATES TO
LISTEN TO AN EMPLOYER'S POSITION
. IF, FOR EXAMPLE, A SUPERVISOR
IS HAVING A HALLWAY CONVERSATION
ABOUT THEIR OPINION. ON A
POLITICAL MATTER BECAUSE THAT IS
A SUPERVISOR AND THEY COULD BE
SEEN AS FORCING THAT SUBORDINATE
TO LISTEN IN THAT SITUATION.
FINALLY ON UNIONIZATION. WE
BELIEVE THIS AT, UH, SECTION OF
THE BILL IS CLEARLY PROMPTED BY
SECTION EIGHT OF THE N L. R A,
WHICH GIVES EMPLOYERS THE RIGHT
TO EXPRESS THEIR VIEWS AND
OPINIONS REGARDING LABOR
ORGANIZATIONS AS LONG AS IT IS
NOT COERCIVE. OTHER STATES THAT
HAVE MOVED FORWARD OR ATTEMPTED
TO MOVE FORWARD THIS POLICY. UM
THOSE POLICIES AND OTHER STATES
WITH LAWS IN OTHER STATES HAVE
BEEN STRUCK DOWN, REPEALED OR
ARE CURRENTLY BEING CHALLENGED.
THANK YOU. THANK YOU. ANYONE
ELSE HERE IN OPPOSITION TO 3 99
NAME AND AFFILIATION AND
POSITION. GOOD AFTERNOON, MR
CHAIRMAN. MEMBERS OF THE
COMMITTEE MATTHEW ALLEN WITH
WESTERN GROWERS WERE ALSO
OPPOSED. THANK YOU. GOOD
AFTERNOON. BRETT GLAD GUILTY
WITH APEX GROUP ON BEHALF OF THE
ASSOCIATED GENERAL CONTRACTORS,
CALIFORNIA AND OF SAN DIEGO AND
OPPOSITION AND LIKE TO ECHO THE
COMMENTS MADE BY MR MCKINLEY.
THANK YOU. GOOD AFTERNOON, MR
CHAIR ERIN AVERY WITH THE
CALIFORNIA SPECIAL DISTRICTS
ASSOCIATION, ALSO ON BEHALF OF
THE CALIFORNIA ASSOCIATION OF
RECREATIONAL PARK DISTRICTS
RESPECTFULLY OPPOSED. THANK YOU.
THANK YOU. GOOD AFTERNOON, NICK
CHAPPY ON BEHALF OF THE
CALIFORNIA TRUCKING ASSOCIATION
IN A RESPECTFUL OPPOSITION.
THANK YOU. THANK YOU. LAWRENCE
GAINING ON BEHALF OF CALIFORNIA
MANUFACTURERS AND TECHNOLOGY
ASSOCIATION, RESPECTIVELY
OPPOSED. THANK YOU. THANK YOU.
GOOD AFTERNOON, JONNY PENA WITH
THE LEAGUE OF CALIFORNIA CITIES
AND OPPOSITION. THANK YOU. THANK
YOU. MR CHAIR MEMBERS, CHRIS
WALKER ON BEHALF OF CALIFORNIA
ASSOCIATION SHEET METAL, AIR
CONDITIONING CONTRACTORS AND
OPPOSITION. THANK YOU. THANK
YOU. JEANNE HURST HERE TODAY ON
BEHALF OF THE URBAN COUNTIES OF
CALIFORNIA, THE RURAL COUNTY
REPRESENTATIVES OF CALIFORNIA
AND CALIFORNIA STATE ASSOCIATION
OF COUNTIES ALL IN RESPECTFUL
OPPOSITION, THANK YOU. RYAN
ELAINE, ON BEHALF OF THE
CALIFORNIA RETAILERS ASSOCIATION
IN OPPOSITION. THANK YOU. THANK
YOU. GOOD AFTERNOON. K¾T DAVEY
WITH THE CALIFORNIA RESTAURANT
ASSOCIATION AND OPPOSITION.
THANK YOU. GOOD AFTERNOON ANALLY
AKIN ON BEHALF OF THE FAMILY
BUSINESS ASSOCIATION OF
CALIFORNIA RESPECTFULLY OPPOSED.
THANK YOU. THANK YOU. AND HAVE
BECOME BEHALF OF THE CALIFORNIA
LEAGUE OF FOOD PRODUCERS. ALSO
AN OPPOSITION. THANK YOU.
ALRIGHT LET'S BRING IT BACK TO
THE COMMITTEE. QUESTIONS,
COMMENTS REWARD GREAT. UM, THANK
YOU, SENATOR FOR BRINGING THIS
FORWARD AND I WANTED TO KIND OF
JUST TEASE OUT EXACTLY AND VERY
CLEARLY WHAT THE BILL DOES AND
DOES NOT DO BECAUSE I DO HEAR
KIND OF CONFLICTING EXAMPLES. UM
AND THE INFORMATION THAT'S BEEN
COMING AT ME SO ALL THIS BILL
DOES IS TO PROHIBIT AN EMPLOYER
FROM TAKING AN ADVERSE ACTION
AGAINST SOMEBODY WHO CLAIMS THAT
THEY DID NOT WANT TO BE
SUBJECTED TO A CONVERSATION. A
SIMPLER WAY TO SAY THAT, UM, A
TO SOME DEGREE YES, THE GOAL IS
TO NOT HAVE THE MANDATORY
REQUIREMENT OF THOSE MEETINGS SO
THEY CAN SPEAK ABOUT WHAT THEY
WANT TO SPEAK ABOUT. THEY CAN
SPEAK ABOUT POLITICS. THEY CAN
SPEAK ABOUT RELIGION. THEY CAN
SPEAK ABOUT ALL OF THIS, BUT IT
IT ALLOWS FOR THE INDIVIDUAL
EMPLOYEE TO BE ABLE TO WALK AWAY
WITHOUT REPERCUSSIONS. EXACTLY
SO. BECAUSE THERE COULD BE
SOMETIMES WHEN TO THE
CONVERSATION EARLIER ABOUT
REGULATORY CONVERSATION SAY
THERE'S A NEW REGULATION THAT
COMES OUT AND WE ALL WANT TO
KNOW THIS IS IMPORTANT FEEDBACK
LOOP. WHAT'S GOING ON HOW THIS
AFFECTS MY COMPANY AND YOU WANT
TO BE ABLE TO TRY TO JUST HAVE A
CONVERSATION AND GET INFORMATION
ABOUT THAT. SOMEBODY IS NOT
INAPPROPRIATE TO HAVE THAT
MEETING AND TO HAVE THAT
CONVERSATION PER SE, BUT IT
WOULD BE INAPPROPRIATE TO SAY I
DON'T WANT TO BE A PART OF THIS.
GOVERNMENTAL CONVERSATION. I'M
OUT OF THE ROOM AND NO ADVERSE
ACTION SHOULD TAKE PLACE. THAT'S
WHAT WE'RE TALKING ABOUT HERE.
POTENTIALLY BUT IF THERE IS AN
ANNOUNCEMENT OF THE LEGISLATION
GOING INTO PLACE, LET'S SAY
JANUARY 2024, THAT IS LAW THAT
IS ALSO SOMETHING THAT IS NEEDED
FOR THE EMPLOYEE TO UNDERSTAND
OF HOW MAYBE THERE'S A PROCESS
CHANGE, SO THAT IS ALLOWED
CLEARLY EXEMPTION HERE. UM AND
YOU KNOW, WE WERE, UH, TALKING
WITH SOME IN OUR IN OPPOSITION.
I WAS REMEMBERING AN EXAMPLE
WHERE I JUST IN MY DISTRICT HAD
A TOUR OF THE FACILITY. IT'S A
SMALL MANUFACTURING FACILITY
ONLY ABOUT 12 EMPLOYEES. AND
WHILE I WAS THERE THEY WERE
LIKE, HEY, EVERYBODY, COME INTO
THE BREAK ROOM AND MEET YOUR
STATE REPRESENTATIVE. UH, AND
THAT WAS GREAT. IT WAS AND
EVERYBODY FELT MAYBE I THINK
THEY'RE ALL CURIOUS. I DON'T
WANT ANYONE WHO'S FEELING
COMPELLED KIND OF SORT OF WAS
SUGGESTED THAT EVERYBODY SHOULD
COME INTO THE BREAK ROOM. UM AND
THAT'S THAT'S THAT SHOULD BE
FINE, RIGHT? IF SOMEBODY IF
SOMEBODY DID NOT WANT TO DO
THAT, OR WE HAVE FREE WILL AND
THEY CAN LEAVE EXACTLY, AND I'M
KIND OF CURIOUS IN YOUR YOUR AH
. THE WOMAN FROM R E I THE FIRST
TESTIMONY HERE AND SHE'S FULL
FINISHED, FEEL FREE TO COME UP
AND SPEAK FOR HERSELF AS WELL.
IN THE CASE WHERE WE'RE TALKING
ABOUT THE RIGHT TO UNIONIZE AS
SHE WAS GOING THROUGH AND COMING
INTO THE OFFICE AND HAVING TO
LISTEN TO ALL THIS, SHE SHE
SHOULD UNDER THE CURRENT LAW
UNDER NLRB REGULATIONS HAVE HAD
THE RIGHT TO JUST SAY I'M I
DON'T WANT TO PARTICIPATE AND
GET UP AND WALK OUT CORRECT.
HMM. THIS IS WHAT THIS DOES IS
BECAUSE WE'RE AVOIDING LRB
PREEMPTION IS THIS IS SETTING A
MINIMUM STANDARD, WHICH IS
TOTALLY WITHIN THE RIGHTS OF THE
STATE TO LEGISLATE IN THIS AREA
, AND SO IT'S JUST LIKE HOW
THERE ARE IN CALIFORNIA. WE
CLEARLY HAVE STRONGER LAWS THAN
AT THE FEDERAL LEVEL THEY HAVE.
THEY HAVE A MINIMUM WAGE. IT IS
LOWER THAN WHAT THE STATE
MINIMUM WAGE THAT HAS. AND SO WE
ARE SETTING A HIGHER STANDARD IN
TERMS OF THE ABILITY FOR
WORKERS. TO AFFIRMATIVELY
DECLINE TO BE IN THOSE MEETINGS
, BECAUSE THAT IS AN AMENDMENT
THAT WE TOOK IN SENATE JUDICIARY
THAT GOES TO THE ONE ON ONES
THAT ARE NOT LARGE MEETINGS
WHERE YOU CAN YOU WILL HAVE TO
THE WORKER WILL HAVE TO
AFFIRMATIVELY DECLINED TO
PARTICIPATE IN THAT MEETING, AND
WE'LL HAVE THE ABILITY TO WALK
AWAY. FUNDAMENTALLY FOR ME, IT'S
JUST ABOUT THE RIGHT OF SOMEBODY
TO BE ABLE TO SAY NO AND IF
THAT, IF THAT'S WHAT WE'RE
TALKING ABOUT HERE AND THAT
THEIR JOB WOULD NOT BE AT RISK,
THERE'D BE NO ADVERSE ACTION
SEEMS GENERALLY FAIR. IF THERE'S
TECHNICAL IMPROVEMENTS THAT MAKE
THIS A LITTLE BIT CLEAR TO SO
THERE'S NO MISUNDERSTANDINGS OR
OR THE PERSPECTIVE OF EMPLOYERS
CAN BE BETTER AS WELL, TOO. I
HOPE THAT THOSE CONVERSATIONS
CONTINUE BUT HAPPY TO SUPPORT
THE BILLS IS TODAY. THANK YOU.
ANY OTHER. OH, YEAH. VICE CHAIR.
YOU SURE? ANY OTHER QUESTIONS,
MEMORIES? I THINK THAT WAS THE
WORKERS COMP ATTORNEY IN MY
PRIOR LIFE AND HEARING ABOUT
CAPTIVE AUDIENCE, UM, MEETINGS.
THAT'S SOMETHING THAT WE HEARD
SO MUCH ABOUT. AND I ALWAYS FELT
THEY WERE SO UNFAIR. UM, IN THE
WAY THEY WERE DONE. BUT I WILL
TELL YOU THAT THE ONE WORD THAT
AND YOU HAPPEN TO MENTION IT TO
WAS LEGISLATION. AND I THOUGHT,
WHY? WHY IS LEGISLATION AND
REGULATION? UM WHY ARE THOSE TWO
INCLUDED? UM WELL, SPECIFICALLY
, YOU KNOW WHEN, WHEN SOME OF
THE COMMENTARY THAT WE'VE HEARD
FROM OPPOSITION IS THE FACT THAT
OH, IF LEGISLATION GOES INTO
PLACE, RIGHT, AND THAT'S THAT'S
ASSUMING THAT IT IS THAT'S
ALREADY KIND OF, UH, POISONING
THE WELL OF PEOPLE'S THOUGHTS,
MAKING SURE THAT OH, THIS IS
WRONG. THIS IS INFLUENCING IN SO
MANY DIFFERENT WAYS, WHEREAS IF
IT'S REGULATION AND LET'S SAY
IT'S NOW LAW AND WE'RE MOVING
FORWARD, AS I SAID NEXT YEAR,
JANUARY 2024, THERE'S SOMETHING
IN PLACE. THAT IT EMPLOYER IS
ALLOWED TO SPEAK ABOUT IT
SAYING, LOOK, WE HAVE DIFFERENT
STANDARDS OF SAFETY. WE YOU KNOW
THIS NEW LEGISLATION WENT IN.
IT'S IN PLACE. IT'S SO FORTH. SO
UM THERE IS CLARITY THERE, AND
I'M HAPPY TO ALLOW SARAH TO
SPEAK A LITTLE BIT MORE IN DEPTH
IF YOU HAVE ANY OTHER FOLLOW UP.
I THINK SO. THE IDEA OF
LEGISLATION AND REGULATION IS
THE IDEA THAT YOU KNOW, JUST
WITH THE NO. ONE OR THE YES. ON
PROP 22 EXAMPLE THAT EMPLOYERS
MAY DECIDE SOME OF EMPLOYERS
SCOFFLAW EMPLOYERS MAY DECIDE TO
INTIMIDATE WORKERS BULLY THEM
COERCED THEM IN TAKING POSITIONS
ON ON LEGISLATION THAT'S AGAINST
THEIR INTEREST. I'VE SEEN THIS
IN LABOR COMMITTEES. I'VE SEEN
BUSSES OF WORKERS PAID FOR BY
EMPLOYERS COME UP TO THE CAPITAL
FOR WORKERS TO SPEAK AGAINST A
BILL BILL THAT WOULD CLEARLY
BENEFIT THEM, AND THAT'S NOT
SOMETHING THAT WE WANT WORKERS
TO BE IN THAT POSITION. WHERE IF
THEY DON'T GET ON THAT BUS,
THEY'RE GONNA BE FIRED OR LOSE
HOURS OR BE RETALIATED AGAINST
AND SO GIVEN THAT RIGHT THAT
LEGISLATION IT IS VERY POLITICAL
THAT WHAT GOES THROUGH THIS
COMMITTEE IMPACTS WORKERS ON A
DAILY BASIS. ALL OF YOU CARRY
THESE BILLS, AND SO WE JUST WANT
TO PROTECT WORKERS FROM BEING
COERCED AND TAKING POSITIONS
THAT THEY MAY NOT WANT TO
LEGISLATION REGULATION AND THESE
THINGS ARE VERY IMPACTFUL SIMPLY
TO BALANCE POWER. RIGHT BECAUSE
IT IS UNEQUAL POWER WITHOUT A
DOUBT. NOW DOES THIS REGULATE
AFTER HOURS EARLY BEFORE BEFORE
WORK? NO. ALL RIGHT. THANK YOU.
THANK YOU. VICE CHAIR. THANK
YOU, MR CHAIR. UM I JUST WANT TO
SAY A COUPLE OF THINGS AND I
THINK EVERYBODY ON THIS
COMMITTEE. NOBODY NEEDS TO BE
DESERVES TO BE HARASSED AT WORK
FOR ANY REASON, RIGHT? I THINK
THAT'S SOMETHING WE CAN ALL
ABSOLUTELY AGREE ON. BUT I DO
FIND IT JUST A LITTLE BIT. MAYBE
HIT THE CRITICAL UM, WE'RE
TALKING ABOUT BUSTING PEOPLE UP
TO SACRAMENTO TO PUSH A
PARTICULAR AGENDA. I MEAN, LABOR
IS VERY, VERY GOOD AT DOING THIS
OF ORGANIZING. THAT'S WHAT YOU
DO RIGHT. AND SO I THINK THERE'S
A VERY, VERY FINE LINE HERE,
WHERE OF GIVING PEOPLE THE RIGHT
TO MAKE THEIR OWN DECISIONS AND
NOT BEING MEETINGS THAT THEY
DON'T WANT TO BE IN, BUT I THINK
I MEAN I PERSONALLY EXPERIENCED
BEING VERY INTIMIDATED, GOING
INTO A PLACE OF BUSINESS THAT
LABOR WAS PROTESTING. BUT I HAD
TO GO INTO THAT BUILDING AND
WALKING THROUGH. UM PEOPLE THAT
I YOU KNOW, QUITE FRANKLY,
WASN'T COMFORTABLE WALKING
THROUGH, BUT I HAD TO WRITE, SO
I THINK WE NEED TO BE HONEST
ABOUT THAT. LIKE I COMPLETELY
SUPPORT THE INTENT OF THE BILL
OF LIKE IF YOU DON'T WANT TO
STEP THROUGH RELIGIOUS OR
POLITICAL CONVERSATION, THAT
SHOULD BE YOUR RIGHT FOR SURE.
BUT LET'S BE SOMEWHAT HONEST
ABOUT LIKE IT. IT SHOE DOES FIT
ON BOTH FEET, RIGHT? I MEAN, I
THINK LABOR PLAYS THIS GAME AS
WELL AND TO A VERY, VERY DEGREE
OF SUCCESS. SO I MEAN KUDOS, BUT
I THINK IT'S NOT MUTUALLY
EXCLUSIVE FROM ONE TO THE OTHER.
I APPRECIATE THAT COMMENT AND
COMPLETELY UNDERSTAND HOW YOU
WOULD SEE THAT. HOWEVER, I ALSO
WANT TO SAY THAT LABOR AND THOSE
THAT PARTICIPATE IN YOU KNOW
WHAT? YOU KIND OF REFERENCES.
I'M ASSUMING A STRIKE OF SOME
SORT OR PROTEST. UM, IT'S
COMPLETELY VOLUNTARY. 100%
VOLUNTARY. THEY DO NOT NEED TO
ATTEND. THEY COULD STAY HOME.
THEY CAN GO TO THE OFFICE. IT'S
COMPLETELY THEIR CHOICE AND
AGAIN. IT'S THE FREE WILL AND
WHAT? WE'RE FOCUSED ON HERE,
RIGHT? BUT I WOULD I WOULD. I
WOULD AGREE WITH THAT, AND I
ALSO THINK COMING FROM A FAMILY
BACKGROUND OF BUSINESS, UM YOU
KNOW, WE DON'T MAKE NOTHING IS
MANDATORY. I THINK THAT THE IDEA
THAT THE MAJORITY OF BUSINESS
OWNERS IN THE STATE OF
CALIFORNIA MANDATE THESE THINGS
IS ALSO FALSE. UM, WE HAVE
COMPANY WIDE MEETINGS. WE
USUALLY HOST A LUNCH WHILE WE
HAVE THESE MEETINGS, WHETHER
IT'S OVER HEALTH INSURANCE, OR,
YOU KNOW, WE DO IT AS ONE BIG
COMPANY WIDE THING. UM AND THEY
DON'T HAVE TO BE THERE. SO I
DON'T THINK PAINTING AND A BROAD
STROKE THAT ALL BUSINESSES
MANDATE TO STUFF IS PROPER. IF
ARI, I DID SOMETHING STUPID,
THAT'S THAT'S CRAZY, RIGHT? AND
THAT'S SORRY ABOUT THAT. BUT I
DON'T LIKE THE BROAD BRUSH
APPROACH. BUT I WAS TOTALLY
APPRECIATE WHAT YOU'RE WHAT
YOU'RE TRYING TO DO HERE. I
APPRECIATE THE COMMENTS. THANK
YOU FOR THE FOR THE CONVERSATION
, AND I THINK THAT THE SENATOR,
APPROPRIATELY, UM, HAS SPOKEN TO
THE ASPECT OF IT BEING COERCIVE
. AND YOU KNOW, AND ALSO THE
BALANCE OF POWER. WHICH NUMBER
OF YOU HAVE RAISED, UM,
MANAGEMENT. YOUR EMPLOYER VERSUS
A WORKER. THERE'S THAT INHERENT
IMBALANCE OF POWER. UM. AND UM,
YOU KNOW, UNIONS ARE INCREDIBLY
DEMOCRATIC, AND SO WHEN THEY
MAKE THOSE DECISIONS TO STRIKE
OR TAKE ACTIONS, I THINK IT'S A
LITTLE BIT DIFFERENT THAN WHEN
AN EMPLOYER COURSES CONVERSATION
AND I WOULD AGREE. I THINK
SMALLER BUSINESSES, MEDIUM SIZED
BUSINESSES PROBABLY DON'T ENGAGE
IN SOMEBODY. I THINK IT'S MORE
CORPORATE, THE LARGER BUSINESSES
THAT HAVE THAT CAN BRING IN
THOSE PROFESSIONALS TO UNION
BUST AND TO DO THESE TRAININGS
ARE PROBABLY ARE MORE LIKELY. TO
BE THE CULPRIT, AND I THINK BE
THE TARGET OF THIS KIND OF
LEGISLATION TO PREVENT THAT FROM
HAPPENING, YOU KNOW, AND I'M NOT
WORKING. WHEN I GO TO A WORK
SITE. I THINK THE WORKERS WANT
TO SEE ME. BUT YOU NEVER KNOW.
MAYBE THEY DON'T AND THEY DON'T
HAVE TO. AH, BUT THAT BEING SAID
JUST REWARDS POINT AND THE
SENATOR IN THAT DIALOGUE, I
THINK THAT I THINK WE KNOW WHAT
WHEN WE TALK ABOUT WHAT'S
REQUIRED BY LAW AND THE LEGAL
KIND OF WHAT REGULATIONS WE KNOW
WHAT THE SENATOR AND SPONSORS
ARE GETTING AT IT MAY TAKE A
LITTLE BIT WORDSMITHING TO KIND
OF GET THAT MORE DETAILED TO
MAKE IT CLEAR THAT YES, YOU
SHOULD BE ABLE TO TALK ABOUT
REGULATIONS AND THINGS THAT MAY
BE COMING DOWN THAT HAVE TO DO
WITH THE WORK ENVIRONMENT AND
RESPONSIBILITIES OF THE EMPLOYER
AND EMPLOYEES. THAT IS CLEARLY
NOT THE INTENTION HERE. SO IF
THERE'S SUGGESTIONS ON
WORDSMITHING THAT I KNOW THE
AUTHOR. I'M SURE WE'LL CONTINUE
TO WORK WITH THE OPPOSITION ON
THAT AND WITH THE SPONSORS, SO
WITH THAT, WOULD YOU LIKE TO
CLOSE SENATOR? I RESPECTFULLY
ASK FOR MY VOTE. THANK YOU SO
MUCH, AND THEY OH, YEAH. IS
THERE A MOTION ON THIS? I THINK
WE HAD ONE, RIGHT? YEAH. OCEAN.
IS THERE A SECOND? IN A SECOND,
SO WE HAVE A MOTION AND A SECOND
DO PASS THE JUDICIARY. MADAM
SECRETARY PARTICULAR ROLE CALL
VOTE ON SP 3 99, PLEASE. MOTION
IS DUE PASS TO JUDICIARY
COMMITTEE. CHOLERA I FLORA FLORA
NO, CHEN HANEY. HANEY? AYE.
ORTEGA. RAISE RAISE I AWARD
TOWARD I THANK YOU, SENATOR
GONZALES, SBS 6 16. AND FOUR OF
AS THIS AS THE SENATOR MAKES HER
WAY UP, JUST FOR THE RECORD,
WANT TO NOTE THAT WILL BE TAKING
ONE ITEM OUT OF ORDER? THAT'S
ITEM NINE SP 686, AND AFTER THAT
GO BACK IN ORDER, ACCORDING TO
WHICH AUTHORS ARE PRESENT. SO UM
SP 616 RIGHT NOW. GONZALEZ MAY
PRESENT THANK YOU, MR CHAIR AND
MEMBERS. I'M HERE TODAY TO
PRESENT SB 616, WHICH WILL
INCREASE PAID SICK LEAVE AND
EXPAND THE CURRENT SAFETY NET
FOR ALL WORKERS IN 2014, AS WE
KNOW CALIFORNIA LED THE LATE
NATION IN ESTABLISHING THE
HEALTHY WORKPLACES HEALTHY
FAMILIES ACT, WHICH REQUIRES
EMPLOYERS TO PROVIDE THREE PAID
SICK DAYS TO ALL EMPLOYEES. TO
CARE FOR THEMSELVES FOR OTHERS,
OR EVEN BEING A VICTIM OF
DOMESTIC VIOLENCE, ASSAULT OR
STOCKING. HOWEVER THE COVID 19
PANDEMIC AND OTHER WIDESPREAD
OUTBREAKS LIKE THAT OF RSV HAVE
ILLUSTRATED THAT JUST THREE PAID
SICK DAYS, AS WE KNOW IS NOT
ENOUGH FOR MOST PEOPLE TO
RECOVER FROM ILLNESS. RESEARCH
HAS FOUND THAT THROUGH THE
PANDEMIC, THE EMERGENCY PAID
LEAVE, WHICH PROVIDED 10 DAYS
PREVENTED THE SPREAD OF
APPROXIMATELY 400 NEW COVID
CASES. SP 616 WILL ADDRESS THIS
PROBLEM BY INCREASING THE AMOUNT
OF PAID SICK LEAVE THAT
EMPLOYERS ARE REQUIRED TO
PROVIDE TWO EMPLOYEES FROM THREE
DAYS TO SEVEN DAYS. WHILE ALSO
PROVIDING RAIL WORKERS WITH
SEVEN UNPAID SIX DAYS. SP 616
WILL GRANT WORKING FAMILIES
ACROSS THE STATE, IN MY OPINION
, INCREASED SECURITY TO TAKE
CARE OF THEMSELVES AND THEIR
LOVED ONES AS THEY SHOULD
TESTIFYING IN SUPPORT. TODAY I
HAVE MITCH STEIGER FROM THE
CALIFORNIA LABOR FEDERATION, AS
WELL AS INGRID VILLAREAL, JACK
IN THE BOX WORKER. WHY THANK YOU
AND I RESPECTFULLY ASK FOR MY
VOTE ON SP 616 MR CHAIR. THANK
YOU SO MUCH AND EACH WITNESSES
UP TO TWO MINUTES. IF THERE IS
ANY INTERPRETATION REQUIRED,
WILL TAKE THAT INTO ACCOUNT WITH
THE TRANSLATION. OKAY. THANK
YOU. WHEN I STARTED. THE
CALIFORNIA BILL, OREO, COSTANERA
AND JACK IN THE BOX. TAMBIÉN
LEADER, AND PERKINS SINDICATO
PANDEMIC LÀ. DETECTORS
SYMPTOMATIC COVID. FROZEN, TOMAS
CHERNOW SOLO BUT INCLUSIVE
THOMAS MUST HAVE A HANDLE.
ELEMENT DETERMINING EXPECT EX
POSTAL VIDEOS IS A POSITIVE
COVID. NO SALAMI TRAVEL, HAVING
FIRMA SEMENTE TIEMPO MEDA.
CUANDO ME KHÓ CONTRACT WILL BE
FOR ME. INFIRMITY. THEY LIKE FOR
ME. YEAH. PROGRESS SISTERS
ECONOMIC COMMENTED PAYS HIM THE
SECTOR. ACCESS SO AT THE END
POINT INFIRMITY I THINK DÍAS
NOISE OFFICIANT. INDUSTRY HERE
IN THE TRABAJAR FIRMAS ALSO DOES
YOUR NAME. EXPERIENCIA EN
PROBLEMA GRAB, TOTAL ECONOMY
THAT THEY LOST TRABAJADORES.
GATE BAHAMAS MINIMUM BAJO
LOOKING AT THE LEOPARD ZONAS
GETTING ESTABLISHED. VIDAS.
FIRMANDO OWNING NAZARIAN. IN
AMERICA. PASSION'S LLORENTE
ACADEMIES ECONOMY. CARILLO. LÀ
SEB SAY THIS, YOU SAY OH MENTAL
IDEA OF THE INFORMATION TO
GUARDO'S CALIFANO DÍAS. TODAVÍA
IMPORTANT LA FAMILIA, CALIFORNIA
LA CEIBA SAY THIS, HE SAYS. GOOD
AFTERNOON THERE CALIFORNIA
LEGISLATORS. MY NAME IS
INCREDIBLE. OREO I AM A COOK AT
JACK IN THE BOX AND A LEADER
WITH FIVE FOR 15 AND A UNION.
DURING THE PANDEMIC MANAGEMENT
REQUIRES US TO BE A SCREENED FOR
COVID SYMPTOMS. SOCIAL FEVERS
BEFORE HIS SHIFT. THIS WAS ALL
YOURS FOR THE SHOW, BECAUSE EVEN
IF WE EXCEEDED SOMETHING
SYMPTOMS, WE WERE PRESSURE AND
EXPECTED TO REMAIN AT WORK. IN
THEIR INEVITABLE ENDED UP
EXPOSED TO THE VIRUS AND TESTED
POSITIVE FOR COVID 19. NOT ONLY
WAS I FORCED TO WORK SICK. I WAS
FASTLY SO I HAD NO FAITH SICK
TIME. WHEN MY SON CONTRACTED THE
VIRUS FROM ME. I ONLY HAD THREE
PAY SICK DAYS TO COME ON TO
RECOVER MYSELF AND TAKE CARE OF
HIM. IN ONE OF THE MOST
PROGRESSIVE AND ECONOMICALLY
STRONG ESTATES IN THE COUNTRY.
THIS IS UNACCEPTABLE. WE SHOULD
ALL HAVE ACCESS TO ADEQUATE
BASIC TIME AND THEY COULDN'T
MINIMUM OF THREE DAYS IS NOT
ENOUGH. WHEN WORKERS ACROSS
INDUSTRIES HAVE TO CHOOSE
BETWEEN WORKING WHILE SICK OR
BEING FIRED. EVERYONE LOSES.
THIS ISN'T JUST MY EXPERIENCE.
THIS IS A SERIOUS ISSUE THAT
WORKERS ACROSS THE ECONOMY FACE
BUT ON LOW WAGES HOURLY WORKERS
LIKE ME TO PEOPLE IN MORE STABLE
SALARY POSITIONS. WE NEVER KNOW
WHAT CAN COME UP IN OUR LIVES AS
SICK CHILD. EMERGENCY SURGERY.
SERIOUS ILLNESS. UNEXPECTED
EMERGENCIES. WORKERS SHOULDN'T
HAVE TO WORRY ABOUT HOW TO MAKE
THE MONTH'S RENT OR HOW TO KEEP
FOOD ON THE TABLE WHERE
RECOVERING FOR FROM ILLNESS OR
CARING FOR A LONG ONE. SB 616
INCREASES THE NUMBER OF BASIC
DAYS FOR CALIFORNIA FRONTIER
THREE DAYS TO SEVEN. THIS IS A
VERY IMPORTANT LIFELINE FOR
WORKING FAMILIES ACROSS THE
STATE. WE ORDER TO SUPPORT SB
616. THANK YOU. THANK YOU, MR
CHAIR MEMBERS AND STAFF STEIGER
WITH CALIFORNIA LABOR FEDERATION
PROUD TO CO SPONSOR THIS BILL,
ALONG WITH THE LONG LIST OF
OTHER CO SPONSORS AND SUPPORTERS
, BOTH IN AND OUT OF LABOR, WHO
HAVE ALL UNITED AROUND THE IDEA
THAT THREE DAYS IS JUST NOT
ENOUGH. IT'S NOT EVEN CLOSE TO
ENOUGH. IT'S NOT ENOUGH FOR ONE
COVID INFECTION OR ONE BOUT WITH
THE FLU OR ANY OF THE OTHER
ILLNESSES OUT THERE THAT WE FACE
EVERY DAY. TO SAY NOTHING OF THE
NEED FOR THAT TIME TO CARE FOR
YOUR FAMILY AND YOUR LOVED ONES.
AND FRANKLY, EVEN SEVEN DAYS
ISN'T ENOUGH. BUT WE THINK IT'S
A SENSIBLE COMPROMISE BETWEEN
WHERE WE ARE NOW WHAT A LOT OF
LOCAL JURISDICTIONS AROUND
CALIFORNIA HAVE DONE IN GOING
FAR BEYOND SEVEN DAYS AND WHAT
WORKERS ACTUALLY NEED AND
DESERVE TO RECOVER FROM WHATEVER
IT IS THAT THEY'RE THEY'RE
AFFLICTED WITH. AND THAT NEED TO
RECOVER IS A POINT THAT WE THINK
REALLY NEEDS GREATER FOCUS THAT
THERE'S A LOT OF COMPELLING
EVIDENCE OUT THERE THAT THAT IS
WHY WE HAVE SO MANY WORKERS WHO
HAVE BEEN DISABLED BY LONG COVID
. BECAUSE THERE IS THERE IS A
LOT OF EVIDENCE THAT SHOWS WHEN
YOU DON'T HAVE THAT TIME TO
RECOVER AND YOU HAVE TO WORK
THROUGH IT. THE CONDITION GETS
WORSE AND THE OUTCOMES CAN BE
LASTING, IF NOT PERMANENT, AND
THEY MAY NEVER GO AWAY, AND, UM,
ALSO SPEAKING OF THE COMPELLING
EVIDENCE THAT'S OUT THERE, WE
THINK THERE IS SOME REALLY
STRONG EVIDENCE THAT IT'S NOT
ALL JUST ABOUT WORKERS THAT THIS
POLICY ACTUALLY DOES SAVE
EMPLOYERS MONEY. THERE WAS A
META ANALYSIS DONE OF 43 STUDIES
BY A BUSINESS SCHOOL THAT FOUND
POSITIVE BUSINESS OUTCOMES FAR
MORE LIKELY THAN THE NEGATIVE
BUSINESS OUTCOMES THAT I'M SURE
WE'RE ABOUT TO HEAR ABOUT THAT
THINGS LIKE, UM HIGHER PROFIT,
REDUCED LIKELIHOOD OF
OCCUPATIONAL INJURY. UM IMPROVED
MORALE, IMPROVED RETENTION
REDUCED PRESENT. HE IS, UM ALL
OF THESE THINGS THAT EVERY
BUSINESS WANTS ARE MORE LIKELY
WHEN THEY OFFER SICK DAYS THAN
WHEN THEY DON'T. BUT EVEN IF
THERE IS, SAY, A GIVEN EMPLOYER
IN A GIVEN SITUATION FOR WHOM
THIS POLICY MAY NOT SAVE MONEY,
IT'S WORTH IT BECAUSE WORKERS
ARE WORTH IT BECAUSE WORKERS
HAVE EARNED IT BECAUSE WE'VE
BEEN THROUGH A LOT. OVER THE
LAST FEW YEARS. WE'VE LEARNED A
LOT OF LESSONS THAT NEED TO BE
APPLIED THROUGH THIS POLICY. THE
PUBLIC EXPECTS IT. THE PUBLIC
EXPECTS THAT THE WORKERS THEY'RE
DEALING WITH ARE NOT SICK, AND
THE WORKERS WITHOUT SICK LEAVE
SIMPLY SUFFERED TOO GREATLY FOR
THE CURRENT SYSTEM TO CONTINUE
WITH YOUR SUPPORT. THANK YOU
ANYONE ELSE HERE IN SUPPORT OF
SB 616? PLEASE APPROACH THE
MICROPHONE NAME. AFFILIATION AND
POSITION. GOOD AFTERNOON. JAMES
MICHAEL. APOLLO WITH ME,
CALIFORNIA STRONG SUPPORT OF
THIS BILL. THANK YOU. MELISSA'S
A GUN ON BEHALF OF THE PESTICIDE
ACTION NETWORK, CALIFORNIANS
PROFESSOR SIDE REFORM AND THE
CALIFORNIA FOOD AND FARMING
NETWORK AND SUPPORT. THANK YOU.
SCOTT BRENT SMART TRANSPORTATION
DIVISION LOCAL 12-1. STOCKTON,
CALIFORNIA IN SPORT. THANK YOU.
NICOLE WARD ULLMAN ON BEHALF OF
THE CHILDREN'S PARTNERSHIP AND
SUPPORT. THANK YOU. GOOD
AFTERNOON, MR CHAIR MEMBER SHENG
GUSSMAN ON BEHALF OF THE
TEAMSTERS, THE AMALGAMATED
TRANSIT UNION, THE MACHINIST
UNITE HERE AND UTILITY WORKERS
UNION OF AMERICA AND SUPPORT
THANK YOU. GOOD AFTERNOON, MR
CHAIR AND MEMBERS MICHELLE TERAN
WOLF WORK WITH THE CALIFORNIA
COMMISSION ON THE STATUS, WOMEN
AND GIRLS. THANK YOU, SENATOR
GONZALEZ FOR BRINGING THE BILL
FORWARD. THANK YOU. PEREIRA ON
BEHALF OF THE CALIFORNIA SCHOOL
EMPLOYEES ASSOCIATION AND
SUPPORT THANK YOU. YOSHI HARM
BEHALF OF THE CALIFORNIA
EMPLOYMENT LAWYERS ASSOCIATION
AND THE CALIFORNIA COALITION FOR
WORKER POWER AND SUPPORT. THANK
YOU. HEY JUNIOR CASSIDY,
CALIFORNIA WORK AND FAMILY
COALITION. WE'RE PROUD CO
SPONSOR AND I'M ALSO TESTIFYING
ON BEHALF OF THE FOLLOWING
ORGANIZATIONS IN STRONG SUPPORT,
CALIFORNIA COALITION AND FAMILY
CAREGIVING, CALIFORNIA WOMEN
LAWYERS CARRYING ACROSS
GENERATIONS EQUAL RIGHTS
ADVOCATES FAMILY CAREGIVER
ALLIANCE FRIENDS COMMITTEE ON
LEGISLATION OF CALIFORNIA.
HEALTH OFFICERS ASSOCIATION OF
CALIFORNIA NATIONAL ASSOCIATION
OF SOCIAL WORKERS, CALIFORNIA
CHAPTER.
ORANGE-COUNTY-REGISTER-TOO-SOON-COUNTY-VOTE-CENTERS
. USA WORK SAFE AND SMALL
BUSINESS MAJORITY. THANK YOU.
JACKIE GRAY WALL. UFCW WESTERN
STATES COUNCIL PROUD CO SPONSOR
AND SUPPORT THE BILL. THANK YOU.
JAIL DENTIST ON BEHALF OF BTW
ASKED ME LOCAL 39 30 IN STRONG
SUPPORT. THANK YOU. WHICH IT FOR
LEGAL AID AT WORK AND STRONG
SUPPORT. THANK YOU. DESIREE
CRUISE ON BEHALF OF THE
CALIFORNIA PARTNERSHIP TO END
DOMESTIC VIOLENCE AND SUPPORT.
THANK YOU. YOU KNOW WHY THE
HARDWARE WITH AARP, CALIFORNIA
IN STRONG SUPPORT? THANK YOU. MR
CHAIR MEMBERS. LOUIS COSTA, WITH
SMART TRANSPORTATION DIVISION
STATE LEGISLATIVE BOARD PROUD CO
SPONSOR IN SUPPORT. THANK YOU.
MEGAN SUPERS ON BEHALF OF THE
CALIFORNIA PROFESSIONAL
FIREFIGHTERS AND SUPPORT THANK
YOU. GOOD AFTERNOON, MR CHAIR
MEMBERS, IGNACIO HERNANDEZ ON
BEHALF OF THE COMMUNICATION
WORKERS OF AMERICA DISTRICT NINE
AND SUPPORT. THANK YOU. GOOD
AFTERNOON. TREVOR HADDOX. SMART
TRANSPORTATION DIVERSION LOCAL
FOR 92, SACRAMENTO, ROSEVILLE
AND SUPPORT. THANK YOU. THANK
YOU. GOOD AFTERNOON. MATT
ROSENBERG ABBOTT S C I U
CALIFORNIA AND SUPPORT. THANK
YOU. JOHN SHOVEN, CALIFORNIA
NURSES ASSOCIATION AND STRONG
SUPPORT. THANK YOU. THANK YOU.
MY NUMBER IS FERNANDO VALENCIA,
DONALD'S BENGAL, CALIFORNIA
CONDOR. ALLAH IS A B C D. SAYS
GRACIAS. THE NUMBER AS WELL. YOU
CAN GO UP FOR YOUR LOVE SAYS
THIS IS. VILLA BALI, EVEN DÍAS.
WHEN I STARTED SERVICE STEPS
CLASSES. WHEN I STARTED WITH SAY
THIS IS 60. THAT'S IT.
CHRISTOPHER SANCHEZ WITH THE
WESTERN CENTRAL AND POVERTY AND
STRONG SUPPORT. THANK YOU. RITA
MEDINA, WITH COALITION FOR
HUMANE IMMIGRANT RIGHTS CHAIR
LAND STRONG SUPPORT. THANK YOU.
AND DREAM OF THIS CON BEHALF OF
THE CALIFORNIA IMMIGRANT POLICY
CENTER AND SUPPORT THANK YOU.
ANYBODY HERE IN OPPOSITION SP
616. SER GONZALEZ. IF YOU COULD
HAVE THEIR WITNESSES, I THINK
THERE'S A COUPLE MORE CHAIRS
HERE THINKING HAS MOVED DOWN ONE
SEAT. YEAH, THANK YOU. BYE.
THANK YOU. THINK YES, PLEASE.
THANK YOU, MR CHAIR AND MEMBERS
COURTNEY JENSEN ON BEHALF OF
CALIFORNIA CHAMBER OF COMMERCE
AND OPPOSITION TO SB 616. WE ARE
OPPOSED BECAUSE SP 6166 TO MORE
THAN DOUBLE THE PRESENT STATE
MANDATE. WHILE MANY EMPLOYERS DO
OFFER MORE THAN THREE DAYS, NOT
ALL BUSINESSES CAN AFFORD TO DO
SO OR WHERE THEY DO, THEY CANNOT
PUT CERTAIN PARAMETERS ON IT,
SUCH AS REQUIRING DOCUMENTATION
. WE HAVE A LOT OF PROBLEMS WITH
WORKERS CURRENTLY BANKING SICK
LEAVE AND USING IT ALL AT THE
SAME TIME, ESPECIALLY WITH
SEASONAL WORKERS. OR WORKERS
USING SICK LEAVE WHEN THEY ARE
NOT SICK, BUT THEN COMING TO
WORK SICK BECAUSE THEY'VE USED
THEIR SICK LEAVE. FOR AN ON SICK
LEAVE LEE RELATED PURPOSES,
COUCH CHAMBER AND MANY BUSINESS
GROUPS THIS YEAR WORKED WITH
SENATOR ALVARADO GIL ON HER SB
881, WHICH SHOWS THAT WE ARE
WILLING TO COME TO THE TABLE AND
HAVE THIS DISCUSSION THIS THAT
BILL RAISED SICK LEAVE FROM
THREE DAYS TO FIVE DAYS, AS WELL
AS PUT SOME CRITICAL ADDRESS
SOME CRITICAL ISSUES THAT KYLE
CHAMBERS MEMBERS AND BUSINESSES
HAVE FACED OVER THE LAST EIGHT
YEARS WITH THE CURRENT SICK
LEAVE ACT. IF WE ARE GOING TO
INCREASE SICK LEAVE, WE SHOULD
ENSURE THAT THIS IS BEING USED
WHEN WORKERS ARE SICK, TWO
ISSUES THAT I WANT TO BRING UP
TODAY, IN PARTICULAR THAT ARE
MEMBERS HAVE FACED OVER THE LAST
EIGHT YEARS, THE FIRST BEING
DOCUMENTATION AS I MENTIONED
UNDER THE CURRENT ACT, EMPLOYERS
CANNOT ASK AN EMPLOYEE FOR
DOCUMENTATION. THERE IS
INSTANCES WHERE EMPLOYERS HAVE
DISCOVERED THAT EMPLOYEES ARE
USING PAID SICK LEAVE FOR A NON
STATUTORY REASON, BUT CANNOT DO
ANYTHING ABOUT THAT, BECAUSE
THEY WOULD RUN A, UM WHAT THEY
WOULD FACE AN ALLEGED VIOLATION.
THERE IS PRECEDENT FOR EMPLOYERS
ASKING FOR DOCUMENTATION. THERE
ARE ORDINANCES LIKE IN LOS
ANGELES OR IN THE COVID PAID
SICK LEAVE WHERE THERE WAS AN
ALLOWANCE. FOR EMPLOYERS TO
OFFER OR TO ASK FOR
DOCUMENTATION IN CERTAIN
CIRCUMSTANCES. UM WE BELIEVE
THAT IF AN INCREASE IS TO MOVE
FORWARD THAT EMPLOYERS SHOULD BE
ABLE TO REQUEST DOCUMENTATION IF
AN EMPLOYEE IS USING OVER THREE
DAYS OF PAID SICK LEAVE, AND
THEN I'LL WRAP UP MR CHAIR JUST
REALLY QUICKLY. THE ONE OTHER
PIECES THE CLARIFICATION. IT WAS
ALWAYS BELIEVED THAT IS PAID
SICK LEAVE WOULD NOT HAVE YOGA
PENALTIES ASSOCIATED WITH IT. A
CALIFORNIA COURT OF APPEALS UP
ENDED THAT INTERPRETATION AND WE
SHOULD WE WOULD ASK FOR
CLARIFICATION. IN ORDER TO NOT
OPEN UP BUSINESSES TO ADDITIONAL
THREATS OF LITIGATION. THANK
YOU. THANK YOU. GOOD AFTERNOON
CHAIR MEMBERS OF THE COMMITTEE.
I AM PEGGY GOU. I'M THE SENIOR
DIRECTOR OF PUBLIC AFFAIRS FOR
UNION PACIFIC RAILROAD
RESPECTFULLY AND TESTIFYING IN
OPPOSITION OF SP 616. THE BILL
WOULD REQUIRE RAILROADS TO
PROVIDE SEVEN DAYS OF UNPAID
LEAVE TO THEIR EMPLOYEES. THE
BILL WOULD ALSO EXCUSE THESE
ABSENCES FROM DISCIPLINE. SP 616
IS UNNECESSARY LEGISLATION WHICH
WILL ENSURE IN INSERT
INEFFICIENCY INTO OUR OPERATIONS
. FIRST, THE CONTENTION THAT
EMPLOYEES THE REBEL EMPLOYEES
ARE UNABLE TO MISS WORK WHEN
SICK OR ARE RETALIATED AGAINST
FOR CALLING AND SICK IS
INACCURATE UNDER OUR CURRENT
ATTENDANCE POLICIES, EMPLOYEES
CAN TAKE ANYWHERE FROM 3 TO 9
DAYS OFF EVERY 90 DAYS WITHOUT
TRIGGERING AND ATTENDANCE
REVIEW. THAT IS MORE TIME.
OFTEN. THE BILL PROVIDES. ALSO
FEDERAL LAW ALREADY PROTECTS
RAILROAD EMPLOYEES AGAINST
RETALIATION FOR TAKING SICK
LEAVE SECOND ACCESS TO TIME OFF
, WHICH IS THE REAL ISSUE FOR
RAILROAD EMPLOYEES, IS SUBJECT
TO BARGAINING UNDER THE RAILWAY
LABOR ACT, WHICH IS EXACTLY WHAT
WE'VE BEEN DOING. IN FACT, WE'VE
ENTERED INTO PAID SICK LEAVE
AGREEMENTS WITH 12 OF OUR 13
UNIONS COVERING MORE THAN TWO
THIRDS OF OUR CRAFT
PROFESSIONALS. THE NEWS
AGREEMENTS PROVIDE RAILROAD
EMPLOYEES ACCESS TO SEVEN DAYS
OF PAID SICK LEAVE. WE ARE
MEETING WITH THE REMAINING CRAFT
SMART TV NEXT WEEK TO DISCUSS
PAID SICK LEAVE EMPLOYEES USING
PAID SICK LEAVE, AS INTENDED,
WILL NOT BE SUBJECT TO
DISCIPLINE, INCLUDING THE
ACCRUAL OF ATTENDANCE POINTS. IN
MAY THIS YEAR. WE RECENTLY
REACHED AN AGREEMENT WITH THE
BROTHERHOOD OF LOCOMOTIVE
ENGINEERS AND TRAINED MEN
REPRESENTING NEARLY 5600
RAILROAD EMPLOYEES FOR UNION
PACIFIC THAT WILL PROVIDE
SCHEDULED OFF DAYS TO EMPLOYEES
WHO HAVE TRADITIONALLY BEEN ON
CALL 24 HOURS, SEVEN DAYS A
WEEK, 365 DAYS A YEAR. THIS
UNION HAS CALLED THIS AGREEMENT
LIFE ALTERING, MAINTAINING A
SAFE WORKPLACE INCLUDE
SUPPORTING THE HEALTH SAFETY AND
WELL BEING OF OUR RAILROAD
EMPLOYEES AND IS CRITICAL TO
PROVIDING SERVICE TO OUR
CUSTOMERS. SP 616 DOES NOT SOLVE
THE PROBLEM IT IS TRYING TO
SOLVE FOR THESE REASONS WE
OPPOSE. THANK YOU. THANK YOU.
ANYONE ELSE HERE IN OPPOSITION
TO SB 616? NAME AFFILIATION YOUR
POSITION ON THE BILL. GOOD
AFTERNOON. DON MARRY ON BEHALF
OF BNSF RAILWAY, ALSO IN
OPPOSITION, JUST A SECTION FOUR
OF THE BILL. THANK YOU. THANK
YOU. MIKE ROBSON HERE ON BEHALF
OF THE AMERICAN STAFFING
ASSOCIATION THAT CALIFORNIA
STAFFING PROFESSIONALS AND WE
ALIGN OUR COMMENTS WITH THE
CHAMBER OF COMMERCE. THANKS.
THANK YOU. NICK CHAPPY ON BEHALF
OF THE CALIFORNIA TRUCKING
ASSOCIATION AND RESPECTFUL
OPPOSITION. THANK YOU. THANK
YOU. LAWRENCE GADING ON BEHALF
OF THE CALIFORNIA MANUFACTURING
TECHNOLOGY ASSOCIATION.
RESPECTFUL OPPOSITION. THANK
YOU. THANK YOU. MR CHAIR ON
BEHALF CHRISTMAS HALEY ON BEHALF
OF THE L, A AREA CHAMBER OF
COMMERCE AND SHERMAN KALLSTROM,
OPPOSING LESS AMENDED. THANK
YOU. THANK YOU. GOOD AFTERNOON.
RYAN ALONG WITH THE CALIFORNIA
RETAILERS ASSOCIATION OF IN
OPPOSITION. THANK YOU. THANK
YOU. GOOD AFTERNOON ANALLY AKIN
ON BEHALF OF THE FAMILY BUSINESS
ASSOCIATION OF CALIFORNIA IN
RESPECTFUL OPPOSITION. THANK
YOU. HAVE BEEN COMING HALF OF
THE CALIFORNIA LEAGUE OF FOOD
PRODUCERS AND OPPOSITION. THANK
YOU. GOOD AFTERNOON. K¾T DAVEY
WITH THE CALIFORNIA RESTAURANT
ASSOCIATION AND OPPOSITION.
THANK YOU. APOLOGIES FOR BEING
OUT OF ORDER. SETH BRAMBLE HERE
ON BEHALF OF THE CALIFORNIA
TEACHERS ASSOCIATION. WE ARE IN
SUPPORT. THANK YOU. THAT WOULD
HAVE BEEN INTERESTING. AH YEAH,
YES. ALRIGHT, LET'S BRING IT
BACK TO THE COMMITTEE. SOME OF
THE REWARD COUPLE QUESTIONS. SO
FOR THE RAILROAD PERSPECTIVE, HE
SAID, YOU'RE ALREADY WORKING ON
ALMOST EVERYBODY THROUGH
COLLECTIVE BARGAINING AGREEMENTS
TO ACHIEVE 76 DAYS. IS THAT
CORRECT? THAT'S CORRECT. SO HOW
WOULD THIS BUILD IN? UM BE ANY
MORE STRENGTH ANYMORE? BURDEN
SOMETHING. IT INSERTS THE
INABILITY FOR US TO IMPLEMENT
OUR ATTENDANCE POLICIES.
INABILITY. TO RIGHT, SO THAT ON
THAT POINT WITH THE
DOCUMENTATION, IS IT QUESTIONS
RIGHT? YOUR ATTENDANCE POLICIES.
SORRY CAN YOU ELABORATE, RIGHT?
SO, UM, THE BILL SEEKS TO, UM
BASICALLY NOT ALLOW US TO ASSERT
OUR ATTENDANCE POLICIES. WITH
OUR EMPLOYEES WHEN THEY CALL OFF
MARK OFF WHEN THEY'RE SCHEDULED
TO COME TO WORK. WELL WHAT? HOW
IS THAT BEING WORKED OUT THROUGH
YOUR COLLECTIVE BARGAINING
AGREEMENT. IF SOMEBODY'S SICK,
THEY'RE SICK. THEY NEED TO BE
ABLE TO COME OUT. SO WE ARE
PROVIDING, AND WE ALREADY HAVE
AGREEMENTS WITH 12 OF OUR 13
UNIONS AND WE ARE GIVING SEVEN
PAID SICK DAYS UNDER THIS, THE
CURRENT CIBA IS AND WE'RE IN
NEGOTIATION WITH THE LAST UNION.
SO MAYBE YOU DON'T UNDERSTAND
YOUR QUESTION. HAPPY FAULT WITH
YOU MAYBE A LITTLE BIT MORE
BECAUSE I'M NOT UNDERSTANDING
LIKE HOW THEY WHAT YOUR
ATTENDANCE POLICY IS THAT WOULD
PRECLUDE THEIR OPPORTUNITY TO
TAKE A SICK DAY WHEN THEY GET
SICK. YES SO THEY CAN TAKE THEIR
PAID SICK DAYS, RIGHT? IT'S WHEN
THEY CALL IN, UM OUTSIDE OF
THAT, RIGHT AND OR THEY'RE
THEY'RE MARKED OFF AND THEY'RE
TRYING TO CALL IN SICK WHEN THEY
HAVE ALREADY MAYBE TAKING ALL
THEIR PAID SICK DAYS. FOR
EXAMPLE. SO FORBIDS YOU FROM
HAVING FURTHER ATTENDANCE
POLICIES BEYOND THOSE SEVEN
DAYS. THAT'S WHAT YOU'RE WORRIED
ABOUT. WELL OUR ATTEND. I MEAN,
I GUESS IT'S KIND OF HARD TO
EXPLAIN. BUT IF SAY, FOR EXAMPLE
, THE EMPLOYEES ALREADY TAKEN,
SAY, SEVEN PAID SICK DAYS AND
THEN THEY CALL IN SICK WHILE
THEY'RE YOU KNOW, SCHEDULED TO
COME TO WORK, THEN THEY WOULD
GET ASSESSED POINTS. UNDER THE
ATTENDANCE POLICY, SO THE BILL
WOULD NOT ALLOW US TO MANAGE OUR
EMPLOYEES. ATTENDANCE. AS IT'S
WRITTEN. I DON'T READ IT THAT
WAY. I'M HAPPY TO LET THE AUTHOR
ME. WE RESPOND TO THAT AND
ANOTHER TIME. I WANTED TO ALSO
KIND OF ASK, THOUGH, ABOUT MISS
JENSEN'S POINT ABOUT
DOCUMENTATION BECAUSE IN SAN
DIEGO, WE HAVE 56 DAYS WERE AND
I'VE ALSO HEARD THIS IN THE
BUSINESS COMMUNITY. RIGHT AS
WE'RE DOING THIS CITY BY CITY,
THERE'S THIS PATCHWORK OF, YOU
KNOW, UH, SO LET'S ALL BE NICE
TO GET TO BE A COMMON THRESHOLD.
AND I THINK AFTER WE'VE LIVED
FOR NEARLY A DECADE WITH THREE
SICK DAYS. EXPLORING A LITTLE
BIT OF A HIGHER THRESHOLD IS A
GREAT THING. AND UM, YOU KNOW,
TALKING ABOUT SEVEN. I MEAN, OUR
EMPLOYEES GET 12 RIGHT, LIKE ONE
DAY A MONTH, AND SO THAT'S
PRETTY GENEROUS STANDARD IN THIS
SECTOR. UM BUT BUT TO MISS
JENSEN'S POINT, YOU KNOW WHAT
WHAT? WHAT WOULD YOUR RESPONSE
BE AROUND THE OPPORTUNITY TO
HAVE SOME DOCUMENTATION, SO
THERE'S NOT ABUSE? BEYOND MAYBE
THAT FIRST THREE DAY WINDOW.
WELL, THANK YOU FOR THE
QUESTION. I THINK THAT
DOCUMENTATION PIECE UM, OF
COURSE, IS WORRISOME BECAUSE IT
ASSUMES THAT FOLKS ACTUALLY HAVE
A DOCTOR TO GET A DOCTOR'S NOTE
FROM UM, I KNOW THAT IF YOU'RE
IN RURAL CALIFORNIA, HOW DO YOU
I MEAN, WE'VE HAD UNFORTUNATE
HOSPITAL CLOSURE LIKE HOW DO YOU
GET A DOCTOR'S NOTE FROM A
DOCTOR? YOU DON'T HAVE. THERE'S
ONE ISSUE INSTANCE. IN ONE FINDS
DOCUMENTATION, THOUGH, DOES IT
HAVE TO BE A DOCTOR'S NOTE? OR
IS THERE ANY OTHER WE HAVE BEEN?
YOU KNOW, WE HAVE BEEN VERY OPEN
TO WHAT DOCUMENTATION WOULD LOOK
LIKE. WE'VE ALSO TALKED ABOUT
THE SITUATION WHERE THEY'RE NOT
GETTING A DOCTOR'S NOTE ON DAY.
FOUR RIGHT? IT COULD BE AFTER
THE FACT OR SOMETHING LIKE THAT
THERE. I THINK THERE'S MANY WAYS
THAT WE COULD CRAFT THIS. HERE'S
A PICTURE OF MY THERMOMETER.
THERE COULD BE THERE'S USAGE OF
TELEHEALTH. THERE'S MANY
DIFFERENT WAYS THAT THERE COULD
BE SOME TYPE OF PROOF.
DOCUMENTATION PROVIDED TO
EMPLOYERS WENT DOWN THE
DOCUMENTATION ROAD, THOUGH I'D
LIKE IT TO BE AS FLEXIBLE AS
POSSIBLE. JUST THEREFORE AND WE
DON'T HAVE AN ISSUE WITH THAT.
AND THERE ARE AS I MENTIONED,
YOU KNOW. LOS ANGELES LOCAL
ORDINANCE HAS A DOCUMENTATION
ALLOWANCE FOR EMPLOYERS, SO I
THINK THERE ARE USE CASES THAT
WE CAN TALK ABOUT IF THERE'S AN
OPENNESS TO HAVE A CONVERSATION
ABOUT DOCTOR. I FEEL LIKE
THERE'S A FAIR SAFEGUARD JUST TO
BE ABLE TO EXPLORE. MAYBE
PERFECTING THIS A LITTLE BIT. UH
AND THEN MY OTHER QUESTION WAS.
WOULD THIS ALSO STILL ALLOW USE
OF A SICK DAY FOR TAKING CARE OF
A SICK CHILD? YES ABSOLUTELY.
IT'S YOURSELF SICK CHILD. ALSO I
MIGHT ADD DOMESTIC VIOLENCE. SO
HOW DO YOU GET A DOCTOR'S NOTE
FOR SOMEBODY WHO'S A VICTIM OF
DOMESTIC VIOLENCE? THAT'S REALLY
VERY UH, ALLOWING RIGHT THAT, SO
THAT'S SOMETHING THAT CAN BE
EXPLORED. HOPEFULLY, SOMETHING
CAN BE A VERY, VERY LIBERAL
STANDARD ON WHAT QUALIFIES AS
DOCUMENTATION, BUT I'M HAPPY TO
SUPPORT THE BILL GOING FORWARD
TODAY AND SEEING HOW THESE
ONGOING CONVERSATIONS MATURE.
THANK YOU. THANK YOU REMEMBER
CHEN? THANK YOU, MR CHAIR,
APPRECIATE THE INDULGENCE, AND I
REALLY APPRECIATE THE SENATOR'S
INTENT ON THIS BILL. UM, I DO
HAVE SOME QUESTIONS FROM OUR OWN
EDIFICATION. MY UNDERSTANDING.
THE RESEARCH THAT WE'VE DONE IS
I UNDERSTAND THAT THESE
EMPLOYEES ARE, UM NOT REQUIRED
TO WORK ON THEIR SICK DAYS, AND
I HAVEN'T SEEN EVIDENCE TO SAY
THAT RED AND RETALIATION IN THE
EVENT THAT THEY TAKE TO SICK
DAYS OFF. ALSO BEEN TOLD THAT
THE EMPLOYEES ARE ABLE TO TAKE
ONE PAID DAYS OFF. SO IN TERMS
OF THE RAILROAD POSITIONS
PROVISIONS IN THIS BILL, WHAT IS
THE INTENDED PURPOSE THAT YOU'RE
TRYING TO RESOLVE THAT YOU SEE
THANK YOU AGAIN FOR THE
QUESTION, AND I JUST WANT TO BE
CLEAR THIS DOESN'T PRECLUDE THEM
FROM IMPLEMENTING THEIR
ATTENDANCE POLICY. THEY HAVE A
VERY COMPLEX AND POINT SYSTEM
THAT YOU KNOW, I'VE BEEN
LEARNING AS WE GO HERE. UM THIS
DOESN'T PRECLUDE THEM FROM
IMPLEMENTING THAT. IT JUST SAYS
YOU SHOULD PROVIDE SEVEN UNPAID
SICK DAYS BECAUSE PRIOR TO THESE
AGREEMENTS THAT I THINK THEY'RE
MAKING PROGRESS ON WHICH IS
FANTASTIC. 12 OUT OF 13. I'VE
HEARD 10 OUT OF 12. WHO KNOWS
WHERE THEY'RE AT. BUT IT SEEMS
LIKE GOOD PROGRESS. UM WE ALSO
WANT TO ENSURE THAT THE
RETALIATION PEACE EVEN IF YOUR
COLLECTIVE BARGAINING IF YOU
HAVE A COLLECTIVE BARGAINING
AGREEMENT THAT YOU ALSO ARE AH,
YOU KNOW THAT YOU DON'T GET INTO
THIS PLACE WHERE RETALIATION IS
MIGHT OCCUR. WE'RE NOT SAYING
THAT IT ALWAYS DOES. BUT IT
COULD YOU KNOW, DEPENDING ON
THEIR ATTENDANCE POLICIES,
DEPENDING ON THE SITUATION FOR
ASKING, YOU KNOW, FOR A DOCTOR'S
NOTE. I MEAN, WE WANT TO REMOVE
THAT THOSE THOSE BARRIERS FOR
EMPLOYERS ARE FOR EMPLOYEES AND
EMPLOYERS. QUITE HONESTLY,
OVERALL. THANK YOU, SENATOR FOR
THE RESPONSE AND YOU KNOW, I'M A
BIG OPPONENT AGAINST RETALIATION
AGAINST FOR HEALTH REASONS FOR
TAKING TIME OFF OF WORK. I
HAVEN'T SEEN THE EVIDENCE TO
THAT CASE ALSO HAD A QUESTION,
UH, FOR UNION PACIFIC RAILROAD,
AS I UNDERSTAND IT THAT YOU HAVE
BEEN DOING SOME GOOD FAITH
NEGOTIATIONS AND DISCUSSIONS
OVER THEIR COLLECTIVE BARGAINING
UNIT. AND I APPLAUD THAT. AND I
ENCOURAGE THAT. UM, YOU CAN ALSO
IF YOU COULD EDUCATE ME IN TERMS
OF UNDERSTANDING LIKE A 90 DAY
POLICY. THERE WAS THE POINT
SYSTEM ONCE WAS 90 DAYS ARE UP.
UM IT GOES AS I UNDERSTAND. AND
I'M GONNA BUTCHER THIS GO BACK
TO ZERO IN TERMS OF HOW MANY
TIMES THEY CAN TAKE OFF. SO IF
YOU COULD HAVE RUN THROUGH THAT
PROCESS FOR ME IN TERMS OF, UH,
HOW THEY TAKE TIME OFF, IT GOES
BACK TO ZERO, AND THEY CAN TAKE
MORE TIME OFF AFTER A CERTAIN
PERIOD OF TIME. THANK YOU. YEAH
THANK YOU FOR THE QUESTION. YES
OUR ATTENDANCE POLICIES AND IT
REALLY KIND OF SPEAKS TO HOW
WE'VE BEEN NEGOTIATING WITH OUR
UNIONS AND END LISTENING TO
THEIR NEEDS AND WHAT THEY YOU
KNOW, TRYING TO GET USED TO THE
NEW WORKFORCE THAT WE HAVE IN
SOCIETY. UM OUR WORKFORCE IS
EVOLVING, AND SO ARE WE. SO
WE'VE MADE A LOT OF CHANGES IN
THE PAST FEW YEARS. TO ADDRESS
THAT, AND THAT INCLUDES
IMPLEMENTING THE ATTENDANCE
POLICY AND PROVIDING A
TRANSPARENT WAY TO TRACK THE
TIME THAT YOU TAKE OFF, SO
THAT'S WHAT THE POINTS ARE ABOUT
EVERY 90 DAYS. THAT'S CORRECT.
UM, WE IT'S IT STARTS THE CLOCK
BACK AGAIN. IN ADDITION TO THAT,
THERE ARE POINTS THAT YOU CAN
GAIN IF YOU STAY MARKED UP
WITHOUT CALLING IN OR MARKING
OFF. YOU CAN GAIN POINTS SO YOU
CAN KIND OF START BANKING SOME
TIME OFF AND TAKE IT AND LIKE I
SAID EARLIER, IN MY TESTIMONY
BASICALLY, EVERY 90 DAYS, YOU
CAN HAVE 3 TO 9 DAYS OFF. UM.
AND I MEAN THAT THAT DOES ADD UP
AND THAT THOSE ARE THE UNPAID
TIME THE UNPAID TIME OFF. THANK
YOU, HENNY. AH! THANK YOU,
SENATOR. AND JUST WANT TO
APPRECIATE YOU FOR YOUR
LEADERSHIP. I WAS A PROUD TO BE
A CO AUTHOR VISITS. IT'S PRETTY
SHOCKING WHEN YOU LOOK AT ACROSS
THE COUNTRY THAT CALIFORNIA IS
FALLING BEHIND ON THIS, AND IT'S
IT IS REALLY IMPORTANT THAT WE
UPDATE OUR LAWS. I KNOW THAT
THAT SAN FRANCISCO HAS HAS IT
AND I WAS PART OF THAT. WHEN I
WAS IN THE BOARD OF SUPERVISORS
HAS GONE A BIT FURTHER. AND SO I
DO THINK THIS IS SOMETHING THAT
WE HAVE TO DO IN A STATEWIDE
BASIS. I KNOW THAT WE ARE REALLY
WE'RE MUCH MORE AWARE OF THIS
DURING THE PANDEMIC. WHEN WE SAW
THAT THERE WERE PEOPLE WHO
CLEARLY NEEDED IT TO STAY HOME
OR WEREN'T FEELING WELL, WHO
WEREN'T ABLE TO DO THAT, AND
THAT WAS PUTTING EVERYBODY ELSE
AT AT RISK BECAUSE OF THAT, AND
PUTTING THEMSELVES AT RISK.
THAT'S OF COURSE, SOMETHING THAT
HAPPENS EVERY DAY WHEN PEOPLE
DON'T HAVE ACCESS TO SICK DAYS,
OR THEY'RE AFRAID TO TAKE DAYS
THAT THEY MAY HAVE ACCESS TO OR
OTHERWISE. I'M ALSO JUST AND
THIS IS UNDERSCORED IN THE
ANALYSIS AND SOME OF THE
ARGUMENTS. THIS IS ALSO REALLY
IMPORTANT FOR CHILDREN. YOU KNOW
THERE THERE ARE KIDS WHO ARE NOT
ABLE TO STAY HOME OR NOT ABLE TO
TAKE CARE OF THEMSELVES BECAUSE
THEIR PARENTS CAN'T STAY HOME
WITH THEM. THAT'S JUST A
DEVASTATING IMPACT. AND I SAW
THAT A LOT. ALSO AS A SCHOOL
BOARD MEMBER, SO APPRECIATE YOU
WORKING ON THIS ISSUE OF
DOCUMENTATION. AND MAYBE L. A
HAS THE BEST BEST PRACTICE.
THERE ARE SUCH BUT I JUST WANT
TO APPRECIATE HOW IMPORTANT THIS
IS AND HOW HOW IMPACTFUL THIS
WILL BE FOR SO MANY PEOPLE AND
FOR THE WELL BEING AND THE
HEALTH OF OUR COMMUNITIES
OVERALL. THANK YOU. IS THERE A
RACE? I ALSO WANT TO THANK THE
SENATOR. I THINK IT'S SO
IMPORTANT TO DO WHAT WE CAN.
WHEN OUR WORKERS TELL US THAT
THEY'RE NOT GETTING THE TIME OF
THAT. THEY'RE NOT BEING TREATED
PROPERLY. THEN WE NEED TO BE
ABLE TO STEP UP AND PROVIDE THE
LEGISLATION IS NEEDED TO PROTECT
THEM. I ALSO IT I KNOW THAT WE
HAVE SMART WORKERS HERE, AND I
APPRECIATE THE NEGOTIATIONS THEY
HAVE WITH THE RAILROAD AND THE
RAILROADS. UM, UM, WORK WITH OUR
WORKERS. THAT GOES A LONG WAY.
BECAUSE IF WE TAKE CARE OF
BUSINESS, THEN IT'S WE DON'T
NEED TO BE INVOLVED. THERE IS
THE PIECE OF THE RETALIATION AND
I APPRECIATE THAT VERY MUCH
BECAUSE WE'VE HEARD FROM THE
OTHER BILLS THAT HAVE BEEN
PRESENTED TODAY. THAT IS AN
IMPORTANT PIECE THAT WE DO
PROTECT. THE WORKERS ARE ALWAYS
FEELING PROTECTED. BUT I ALSO
WANTED TO NOTE AND I KNOW MY
COLLEAGUE HAS TALKED ABOUT SAN
FRANCISCO, OAKLAND, SAN
FRANCISCO, BERKELEY AND SANTA
MONICA. I DON'T SEE MY CITY HERE
, SO I'LL HAVE SOME HOMEWORK TO
DO TO GO TALK TO MY CITY ABOUT
THE WORK THAT ABOUT THE TIME
THAT WE'RE GIVING TO OUR TO OUR
EMPLOYEES. BUT I SINCERELY
APPRECIATE THAT, AND I
APPRECIATE THE WORK THAT IS DONE
BY SO MANY TO MAKE SURE THAT WE
ARE PROTECTING OUR WORKERS. AND
I THINK WHEN WE HAVE THOSE
HONEST CONVERSATIONS, HONEST
NEGOTIATIONS, I THINK, UM, IT
GOES A LONG WAY. SO THANK YOU.
THANK YOU. THANK YOU, AND I JUST
WANT TO ECHO SOME OF THE WORDS
OF CAUTION ON DOCUMENTATION, I
THINK ESPECIALLY AS SOME OF OUR
COLLEAGUES HAVE MENTIONED.
COMING OUT OF THIS PANDEMIC.
LOOK, IF SOMEONE HAS A REALLY
BAD COLD OR THE FLU THERE, NOT
NECESSARILY TO THE DOCTOR, AND
WE DON'T WANT THEM TO COME TO
WORK. WE DON'T WANT THEM TO BE
IN SCHOOL. AND SO I THINK, UM,
YOU KNOW, WE'RE PLAYING CATCH
UP, NOT JUST WITH THE REST OF
THE COUNTRY IN SOME CASES,
CERTAINLY WITH MOST OF THE WORLD
WHEN IT WHEN IT COMES TO SIX
DAYS, AND SO THERE'S AN
INCREDIBLY IMPORTANT BILL. I'D
REALLY APPRECIATE BEING ADDED AS
A CO AUTHOR. AND WOULD YOU LIKE
TO CLOSE? YEAH I WANT TO SAY
THANK YOU TO EVERYBODY FOR THEIR
KIND. COMMENTS FIRST WANT TO
THANK THE WORKFORCE BECAUSE THEY
HAVE BEEN CARRYING US THROUGH,
ESPECIALLY THIS PANDEMIC. THEIR
ESSENTIAL WORKERS. THREE DAYS WE
KNOW IS NOT ENOUGH. SEVEN DAYS
IS ADEQUATE. UM AND WE KNOW THAT
THIS WILL PROTECT OUR MOST
VULNERABLE CALIFORNIANS ON THE
RAIL WORK PIECE. I WILL SAY, YOU
KNOW, WE ADDED THIS BECAUSE WE
KNEW AT THE NATIONAL LEVEL THIS
WAS A PRIORITY. I KNOW OUR RAIL
WORK FORCE AS WELL AS OUR
RAILROADS ARE WORKING TOGETHER.
I CONTINUE TO URGE THEM FOR MORE
PROGRESS TO GET TO 13 OUT OF 13
AGREEMENTS, SO WE ACTUALLY HAVE
A FEDERAL POLICY FOR RAIL
WORKERS. AT THIS TIME. THEY'RE
TENTATIVE AGREEMENTS HAVE MORE
PAID SICK DAYS NOW THAN THE
STATE OF CALIFORNIA, SO WE NEED
TO DO MORE. AND I REALLY
RESPECTFULLY ASK FOR MY VOTE.
THANK YOU. THANK YOU, MADAM.
SECRETARY CAN TAKE BOWL. UM OH,
YEAH. WE NEED A MOTION,
ACTUALLY. THANK YOU. MOTION FROM
SUMMARY A SECRETARY BY SUMMER.
MOHINI MADAM SECRETARY TAKING
ROLL CALL ON THE VOTE FOR SP 6
16 MOTION IS DUE PASS TO
APPROPRIATIONS COMMITTEE CORA
TÔI FLORA FLORA NO, CHEN CHEN
NOT VOTING. HANEY HANEY. I
ORTEGA OR TAKE A I RAISE I AWARD
. WHAT BILL IS OUT SO MUCH IT'S
UNDER THAT BILL IS OUT. WE'RE
GOING TO TAKE ONE ITEM OUT OF
ORDER, WHICH IS ITEM NUMBER FILE
NUMBER NINE SP 6 86, SENATOR
DURAZO. AND AS SHE MAKES HER WAY
UP, ACTION GOING TO ASK OUR
SECRETARY COULD SEE IF MR CHEN
WANTS TO ADD ON FOR ITEM ONE AND
TWO. SO SP 399 CHEN NOT VOTING.
ORTEGA. ITEM ONE. BUT TAKE A I
AND THEN ITEMS TOO. CHEN. CHEN
NÓ OKAY, SO WE'RE CAUGHT UP
THERE. THANK YOU SO MUCH.
SENATOR RUSSELL. WHENEVER YOU'RE
READY, YOU MAY BEGIN. THANK YOU,
MR CHAIR. UM HERE. I'M HERE TO
PRESENT, UH, ITEM. WELL, I KNOW
I REMEMBER THE 6 86. SO FOR TOO
LONG THE WORKERS THAT WE ENTRUST
TO CARE FOR OUR LOVED ONES AND
OUR HOMES HAVE BEEN MARGINALIZED
AND DEHUMANIZED BY AN
INTENTIONAL EXCLUSION FROM
WORKPLACE HEALTH AND SAFETY
LAWS. YET THESE WORKERS ARE
REGULARLY EXPOSED TO HEALTH AND
SAFETY THREATS LIKE TOXIC
CLEANING PRODUCTS. EXTREME HEAT
, WILDFIRE SMOKE AND LIFTING
INJURIES IN THE HOME WORKPLACE
IN 2021, THE GOVERNOR SIGNED MY
BILL IS B 3 21, WHICH CREATED AN
ADVISORY COMMITTEE AND IT WAS
COMPOSED OF DOMESTIC WORKERS,
DOMESTIC EMPLOYERS AND
OCCUPATIONAL HEALTH AND SAFETY
EXPERTS. SO THAT WE COULD
DEVELOP VOLUNTARY INDUSTRY
SPECIFIC HEALTH AND SAFETY
GUIDELINES AND THEN MAKE
RECOMMENDATIONS TO THE
LEGISLATURE ON HOW TO STRENGTHEN
THE HEALTH AND SAFETY OF
HOUSEHOLD DOMESTIC SERVICE
EMPLOYEES. THE ADVISORY
COMMITTEE MET THROUGHOUT 2022,
AND JUST THIS EARLIER THIS YEAR.
THEY RELEASED THEIR REPORT, AND
IT WAS FOR VOLUNTARY GUIDANCE
FOR BOTH THE EMPLOYERS. UM
EMPLOYEES, UM, AND POLICY
RECOMMENDATIONS. THE ADVISORY
COMMITTEE'S TOP RECOMMENDATION
WAS TO REMOVE THE HOUSEHOLD
DOMESTIC SERVICES EXCLUSION FROM
CAL OSHA SO SP 6 86 DOES JUST
THAT. IT FOLLOWS THE
RECOMMENDATION OF THIS ADVISORY
COMMITTEE. THE BILL ESTABLISHES
A FINANCIAL ASSISTANCE PROGRAM
TO HELP LOW INCOME EMPLOYERS
MAKE THEIR HOMES, SAFER
WORKPLACES AND IT EXPANDS THE
OUTREACH AND EDUCATION PROGRAM
TO COVER WORKPLACE SAFETY
ISSUES. EMPLOYERS DOMESTIC
EMPLOYERS PLAYED A CRITICAL ROLE
IN DEVELOPING THE ADVISORY
COMMITTEE RECOMMENDATIONS AND SB
6 86 TAKES THE NEXT STEP TO
PROVIDE RESOURCES AND TOOLS TO
SUPPORT THEM AS EMPLOYERS AND
ENSURING HOW THE SAFETY
PROTECTIONS FOR THE MEN AND
WOMEN THAT THEY HIRE SO WITH ME
HERE TODAY TO TESTIFY AND
SUPPORT OF 6 86 ARE NANCY ZUNIGA
, DIRECTOR OF WORKERS' HEALTH
AND SAFETY AT THE INSTITUTE FOR
POPULAR EDUCATION OF SOUTHERN
CALIFORNIA AND ANNA VISA
DISARRAY Ó LISTEN, TERRELL. OH,
SORRY MEMBER OF THE HAND IN
HAND, DOMESTIC EMPLOYERS
NETWORK. THANK YOU UP TO TWO
MINUTES EACH, PLEASE. GOOD
AFTERNOON CHAIR AND COMMITTEE
MEMBERS. MY NAME IS NANCY. SO
I'M DIRECTOR OF THE WORKERS'
HEALTH AND SAFETY AT THE
INSTITUTE OF POPULAR EDUCATION
OF SOUTHERN CALIFORNIA. EGYPT
SCA, A MEMBER OF THE DOMESTIC
WORKERS COALITION. I WAS
APPOINTED TO THE SP 321 ADVISORY
COMMITTEE. DOMESTIC WORK IS A
PHYSICALLY AND EMOTIONALLY
DEMANDING JOB. PUBLIC HEALTH
EXPERTS. THAT IS MY BACKGROUND
AND I HAVE BEEN EDUCATING
DOMESTIC WORKERS AND DAY
LABORERS FOR OVER 12 YEARS, AND
I KNOW THAT SOMEONE'S JOB
SHOULDN'T BE AT THE EXPENSE OF
THEIR HEALTH OR WELL BEING. BUT
THAT IS EXACTLY WHAT IS
HAPPENING IN THE DOMESTIC WORK
INDUSTRY. A RECENT STUDY FROM
THE UCLA LABOR AND OCCUPATIONAL
SAFETY AND HEALTH PROGRAM LOESCH
FOUND THAT 85% OF DOMESTIC
WORKERS SURVEYED HAD EXPERIENCED
MUSCULOSKELETAL INJURIES. 55% OF
WORKERS CONTINUE TO WORK OUT OF
FINANCIAL NECESSITY OR FEAR OF
JOB LOSS. 51% OF RESPONDENTS
REPORTED BEING PRESSURED BY AN
EMPLOYER TO WORK AND HAZARDOUS
CONDITIONS. IN 2021 GOVERNOR
NEWSOM SIGN SB 321, CREATING AN
ADVISORY COMMITTEE COMPOSED OF
DOMESTIC WORKERS, EMPLOYERS AND
HEALTH AND SAFETY EXPERTS LIKE
MYSELF. WE CONVENE FOR A YEAR TO
DEVELOP GUIDELINES OF HOW
INJURIES CAN BE PREVENTED AND
HOW HEALTH AND SAFETY PROOF
PROTECTION COULD BE IMPLEMENTED
IN THE HOME WORKPLACE.
ADDITIONALLY THE ADVISORY
COMMITTEE PUBLISHED POLICY
RECOMMENDATIONS, CONCLUDING THAT
THERE IS A FUNDAMENTAL NEED FOR
EMPLOYERS TO HAVE LEGAL
RESPONSIBILITY FOR THE WORKING
CONDITIONS OF DOMESTIC WORKERS,
AND THAT THE LEGISLATORS SHOULD
REMOVE THE HOUSEHOLD DOMESTIC
SERVICES EXCLUSION FROM CAL OSHA
. WE HAVE A UNIQUE OPPORTUNITY
IN CALIFORNIA TO FINALLY UNDO
THE HARM TO A PREDOMINANTLY
IMMIGRANT WOMEN OF COLOR
WORKFORCE. SP 686 WILL PROVIDE
THE PROTECTIONS AND RESOURCES TO
ENSURE HEALTH AND SAFETY IN THE
HOME WORKPLACE. I RESPECTFULLY
ASK FOR YOUR I VOTE. THANK YOU.
THANK YOU. UP TO TWO MINUTES.
GOOD AFTERNOON TO THE CHAIR AND
TO THE COMMITTEE MEMBERS. MY
NAME IS ANNA. PEACE OR L O, AND
I'M HERE AS PART OF HAND IN
HAND. THE DOMESTIC EMPLOYERS
NETWORK AND I ALSO SERVED ON THE
SP 321 ADVISORY COMMITTEE FOR
CAL OSHA AS AN EMPLOYER
REPRESENTATIVE, SO I'M A WORKING
MOM. I AM AN EDUCATOR, AND MY
PROFESSIONAL WORK IS SIMPLY NOT
POSSIBLE WITHOUT THE IMPORTANT
WORK OF DOMESTIC WORKERS IN MY
HOME. WE EMPLOY AN AMAZING MANY
OLGA AND SHE CARES FOR OUR TWO
SMALL CHILDREN. WHICH ENABLES MY
HUSBAND TO LEAVE HOME FOR WORK
AND FOR ME TO TEACH FULL TIME
AND IN TURN TO SUPPORT MY
STUDENTS. UM SO WE KNOW FROM OUR
EXPERIENCE IN THE PANDEMIC THAT
THE LIVELIHOODS AND HEALTH OF
BOTH DOMESTIC WORKER AND
EMPLOYER ARE INTERCONNECTED AND
RELIANT ON EACH OTHER INJURY AND
ILLNESS PREVENTION WILL PROTECT
OUR WORKERS BUT ALSO LIMITS
DISRUPTIONS TO OUR LIVES AS
EMPLOYERS. DIGNITY AND SAFETY
FOR DOMESTIC WORKERS MEANS
DIGNITY AND SAFETY FOR ME AND MY
FAMILY. THE REALITY IS THAT AS
AN EMPLOYER, I'M ALREADY LIABLE
IF AUGUST GETS SICK OR INJURED
WHILE WORKING IN MY HOME ON THE
ADVISORY COMMITTEE, WE DISCUSSED
BOTH THE BARRIERS AND THE
SOLUTIONS TO ENSURE OCCUPATIONAL
SAFE SAFETY AND HEALTH AT THE
HOME WORKPLACE. SO JUST FOR
RESIDENTS, EXAMPLE UM CAL OSHA'S
EXISTING PROCESSES OF
CONSULTATION AND MEDIATION. SO
AS WE 686 ADVANCES THESE
SOLUTIONS BY GIVING EMPLOYERS
CLEAR DIRECTION FOR HOW TO KEEP
OUR EMPLOYEES SAFE WHILE GIVING
WORKERS THE PROTECTION THEY NEED
TO ADVOCATE FOR THEIR OWN HEALTH
AND SAFETY. SO THIS BILL CREATES
STRUCTURES NECESSARY TO ENSURE
PREVENTATIVE AND PROACTIVE
MEASURES TO KEEP WORKERS SAFE BY
FOCUSING ON OUTREACH AND
EDUCATION, FINANCIAL AND
TECHNICAL ASSISTANCE FOR
EMPLOYERS AND ALSO AMPLE TIME
FOR CAL OSHA TO DEVELOP ITS
POLICY AND PROCEDURES FOR THE
INDUSTRY. SO IT'S LONG PAST TIME
FOR CALIFORNIA TO LEAD THE WAY
AND PROVIDE DIGNITY AND SAFETY
TO ALL WORKERS. EVERYBODY
DESERVES A SAFE WORKPLACE. THANK
YOU. THANK YOU. ANYONE ELSE HERE
AND SUPPORTING SB 686 NAME AND
AFFILIATION AND YOUR POSITION ON
THE BILL. MR CHAIR MEMBERS.
TIFFANY WHITEN WITH US, EU,
CALIFORNIA AND STRONG SUPPORT.
THANK YOU. THANK YOU. AMERICA
YOSHIHARU ON BEHALF OF THE
CALIFORNIA EMPLOYMENT LAWYERS
ASSOCIATION IN EQUAL RIGHTS
ADVOCATES AND THE CALIFORNIA
COALITION FOR WORKER POWER AND
SUPPORT. THANK YOU. MR CHAIR AND
MEMBERS MICHELLE TERAN WOLFERT
WITH THE CALIFORNIA COMMISSION
ON THE STATUS, WOMEN AND GIRLS
AND STRONG SUPPORT OF SB 8686.
THANK YOU. MITCH STEIGER, WITH
CALIFORNIA LABOR FEDERATION.
ALSO IN SPORT. THANK YOU. WHEN I
STARTED, SO YOU ALREADY. SAYS,
SAYS GRACIAS, GRACIAS. WHEN I
STARTED WITH CAMELLIAS ANGLE IS
SAN FRANCISCO, EVEN YOUR LIFE,
HUESO SAYS. GRACIAS. I'M MARGO
SHOWALTER. AND I AM THE DOMESTIC
EMPLOYER. I LIVE IN SACRAMENTO
COUNTY. AND I KNOW THAT MY
CAREGIVERS MAKE POSSIBLE MY
INDEPENDENCE, DIGNITY AND SAFETY
AND I WISH NO LESS FOR THEM.
THAT IS WHY I SUPPORT SP 6 86.
THANK YOU. MEAN HOMBRES MYRNA
RANA. YOU BINGO! THEIR PLANS.
ADORA THE OLYMPIA, GAZA'S
ACTIVISTS, EUROPE SERVICE SAYS
WHICH AND I SAYS THE PERSON YOU
NUMBER IS LINGLE THERE, OAKLAND.
UP FOR YOU ALWAYS SAY SUCH YOU
SAY IS GRACIAS. THANK YOU. YEAH.
CHEN YOU CASSIDY, CALIFORNIA
WORK AND FAMILY COALITION AND
STRONG SUPPORT. THANK YOU. K¾T
WICHIT FROM LEGAL AID AT WORK
AND SUPPORT. THANK YOU. I'M TOM
MANLEY FROM OAKLAND. UM I'M
DOMESTIC EMPLOYER AND I SUPPORT
SB 686. THANK YOU. ROMEO HEBRON
WITH THE FILIPINO MIGRANT CENTER
IN LONG BEACH IN SUPPORT. THANK
YOU. WHY NOT EMBRACE FIORELLA?
WE WANT SOME FRANCISCO SERIOUSLY
IS GRACIAS. GRACIAS. WHEN I
STARTED MY NUMBER, HERRERA
REMEMBER EJECUTIVAS LOGA EVEN GO
THERE. THE OAKLAND, CALIFORNIA.
D¯ÚI ALLIE'S SAYS OR JUST SAYS.
GRACIAS. GOOD AFTERNOON. MY NAME
IS CYNTHIA PADILLA FROM
SOMETIMES CISCO. I'M A MEMBER OF
MUJERES UNIDAS EJECUTIVAS. AND I
AM A DOMESTIC WORKER AND I
SUPPORT SV SIX. A SIX. THANK
YOU. THANK YOU. HI GIRL
AFTERNOON. MY NAME IS JESSICA.
FATHER I LIVE IN SAN FRANCISCO
FROM. COLLECTIVE UM. MÁS AH! IS,
IT SAYS OR JUST SAYS THAT'S YES.
WHEN I STARTED TO MANZANARES,
THE SAN FRANCISCO SERVICES,
WHICH ARE SAYS. GOOD AFTERNOON.
MY NAME IS MAGGIE LEE FROM THE
SAN FRANCISCO ONE MISS
COLLECTIVE. I SUPPORT SB SIX. A
SIX. GRACIAS. ALL I WANNA START
EMBRACE ADRIANA SANCHEZ BENGAL
SAN FRANCISCO COLLECTIVE. SAY
SO. JUST SAY GRACIAS, GRACIAS.
THE NUMBER HORTENCIA BANDA, SO
THERE'S SOME FRANCISCO BINGLE
BANGLE COLLECTIVE SAYS. IT'S A
PROCESS. HOLA MI NOMBRE SANDRA
JIMENEZ DE SAN FRANCISCO. OR
CHOOSES DÍAS. WHEN I STARTED
THEM IN NOMBRES, MARIA MONTANO
COLLECTIVE, PEREZ ELIAS. SAFE OR
YOU'RE SAFE. HI DOCTOR KNOWN. MY
NAME IS GUILLERMINA CASTELLANOS
. I COME FROM THE DOMESTIC
WORKER COALITION, THE COLLECTIVE
IN SAN FRANCISCO AND I SUPPORT
THE 6 86. THANK YOU. WHEN I
STARTED ME NUMBERS NORMAL
MIRANDA'S LAGARDE SO THEY
BECAUSE OF THE LOS ANGELES
SUPPORT Ó PARALLEL BIÂU.
GRACIAS. GRACIAS. WHEN I STARTED
MY NUMBERS, WE HAVE THREE
CERVANTES BENGAL FRANCISCO
COLLECTIVITY YOUR SURVEY OR
CHÁVEZ. CRISIS. VERA FRANCISCO.
VAMP. THANKS MAN. THANKS CRISIS.
WHEN I STARTED THIS JOURNEY,
AVILA'S SAN FRANCISCO SAYS
GRADUATES. I MEAN, CALIFORNIA. S
SAYS SAYS. SALMA BELLY SAY
PEOPLE SOMETIMES SICKO SO I CAN
GIVE HER EVEN GÒM. UNDERLIES.
WHO IS TO SAY GRACIAS. WHEN THEY
STARTED NOMBRES, CARMEN FLORES
BENGAL SAN FRANCISCO DEL A
COLLECTIVE ALEJO'S A SERVICE
STATION JUST SAYS THEIR MPS.
DOES THIS GRACIAS. GOOD
AFTERNOON. MY NAME IS MARIA
GALVAN. I'M CHILL ORGANIZER AND
LOS ANGELES. AND I SUPPORT SV 6
86. THANK YOU. THANK YOU.
VERONICA ARROYO. I'M HERE FROM
GEORGIA AND I'M SUPPORT OF SB 6
86. THANK YOU. WITH AFTERNOON,
EVERYONE. I AM OUR HERE. SCINTO
FROM FILIPINO WORKERS CENTER OF
LOS ANGELES. I AM ALSO A HOME
CARE WORKER TO OUR BELOVED
ELDERLY STRONGLY SUPPORT. SB
686. THANK YOU. START THIS
NUMBERS, LADIES ZUNIGA, DIORAMAS
COUNTY ORGANIZATION BANOS
TRAVELPORT, SANYO'S CAREGIVER
ELICIT SUCH ANTI SEA GRASSES.
GRACIAS. GOOD AFTERNOON AND
THANK YOU FOR YOUR WORK. MY NAME
IS NOT ONE OSPINA AND I LIVE AND
WORK IN SAN FRANCISCO. AND I'M
HERE IN SUPPORT OF SB 686. I
SAID DAD TO A CHILD THAT HAS A
PHYSICAL DISABILITY THAT
REQUIRED IN WE WILL REQUIRE CARE
WORK THROUGHOUT HIS LIFE AS A
REGISTERED VOTER AND TAXPAYER.
THANK THANK YOU. MARIA TORRES,
LAGUNA HILLS. EVERYBODY MANOS.
SERVICES SUCH AS I SAY. HI MY
NAME IS KAYLA SHORE. I'M A
DOMESTIC EMPLOYER AND PART OF
HAND IN HAND. THE DOMESTIC
EMPLOYERS NETWORK FROM LOS
ANGELES HERE IN SUPPORT OF SB
686. HI MY NAME IS BURTON
BREEZE. I'M PART OF, UM,
ACTIVISTS CAME FROM SAN
FRANCISCO MAN SUPPORT AS WE SIX
ACES DÍAS. GONZALEZ FRANCISCO.
THEY YOUR FAITH. CLASSES. FIRST
SUS. STATISTICS SAYS GRACIAS. TO
START EMBRACING MÀ DELGADO
ORGANISMS OR RATHER THAN DULL
IMMIGRANT, ACTIVE ASSIST TOYS.
SUPER LAGARDE'S èC SAYS GRACIAS
GRACIAS. TO EVERYONE K WORD. SO
YOU'RE RUNNING CALDERON.
NATIONAL CANADIAN NATIONAL, YOU
KNOW, SO CHÁVEZ SAY, SUCH AS
SAYS GRACIAS. WHEN I STARTED
ESTRADA ORGANIZ ADORA EJECUTIVAS
. HEY, WHAT? YOU'RE WILK BASIS
SUCH AS SAYS. HI MY NAME IS
MARIA COSTA WAS T S. I AM THE
ENGLISH TEACHER AT ACTIVIST,
ESSEBSI SAYS MORE LIKE MULTI
LINGUAL. BUT OTHER GRACIAS.
HELLO MY NAME IS LORENA LIVIN
HAYWIRE. AH I REMEMBER HARRISON
ACTIVISTS AND I AM HERE TO
SUPPORT SB 66. THANK YOU. THANK
YOU. WHEN I STARTED NOMBRES
WANNA FLORES, TVA'S, SANYO'S
EVOO AND RICHMOND, CALIFORNIA
KEEP IT UP, SAYS OR JUST DAYS.
HELLO MY NAME IS VANESSA. I'M
WITH THE CALIFORNIA DOMESTIC
WORKERS COALITION. I'M FROM LOS
ANGELES. AND WE ASK THAT YOU
SUPPORT SB 686. THANK YOU.
ESTARÁ TALAVERA SOIL LIMP. UH,
WITHOUT LIMPIAS. GRACIAS. WHEN I
STARTED, MY NUMBER IS MY ROLE.
FRANCISCO UP AGENDA ALIVE OR TO
SAY. WHEN I STARTED NOMBRES
MARGARITA, BE ONE SAN FRANCISCO
COLLECTIVE PEREZ, OLYMPIAN,
CASA'S SURVEY SAY SUCH SAYS
GRACIAS, GRACIAS. ENJOY SOME OF
ESKOM BEHALF OF THE CALIFORNIA
IMMIGRANT POLICY CENTER AND
STRONG SUPPORT. THANK YOU.
CHRISTOPHER SANCHEZ WITH THE
WESTERN CENTER IN LAW AND
POVERTY AND STRONG SUPPORT.
THANK YOU LIKE A STEEL CRANES
HERE ON BEHALF OF OUR HOME AND
SUPPORT. THANK YOU. WHEN I
STARTED MY NUMBER IS SILVIA
LOPEZ. SO REMEMBER ACTIVISTS IN
OAKLAND, CALIFORNIA WITH
YOURSELF, ORGANIZE ADORA YOGA.
LIVES AWAY SAYS OR JUST SAYS
GRACIAS. HI MY NAME IS BRIEF
FROM THE CALIFORNIA DOMESTIC
WORKERS COALITION. I'M FROM LONG
BEACH AND IN STRONG SUPPORT OF
SB 686. GRACIAS. WHEN I START
THIS TO MORALES. SO YOU'RE NOT
LEADER ORGANISM, KANSEN PEREZ.
YES TOYA K¾T ELISA BAKER SAYS
ULTRA SAYS GRACIAS GRACIAS. MY
NAME IS JUDY JACKSON FROM TRACY
PINIELLA'S CALIFORNIA IN
SEPTEMBER. NÚMERO COUNTY AND I
SUPPORT THIS BILL AS A RECIPIENT
OF A CAREGIVER. THANK YOU. I'M
JOYCE ESTHER. I BELONG TO
FILIPINO. ADVOCATE FOR JUSTICE.
AND I STRONGLY SUPPORT YES,
MAYBE 686. GLASSES. THANK YOU.
MY NAME IS CAT BAILEY. I'M A
RECENT U. C. DAVIS GRADUATE
STUDENT AND A FORMER CAREGIVER
FROM GEORGIA. I SUPPORT THIS
BILL. THANK YOU. ALL RIGHT. IS
THERE ANYONE HERE IN OPPOSITION
TO SB, SUCCEED? SIX. ALL RIGHT,
WELL, WE'LL BRING IT BACK TO THE
COMMITTEE. WE NEED A EMOTION IF
THEY'RE WITH A MOTION AND A
SECOND ASSEMBLYMEMBER'S ORTEGA.
GIVING YET IN HOMBRES GIVING
YOUR OWN OY OTHER SERVOS MEAN
MAMA TO ME AND FRED GUARANTEED
SUPPORT CASSANO'S. BEST SAY,
SUCH AS THEY SAY IT'S A LESSON.
ADORA UH THE RUSSELL, ONE OF THE
BUT EVENT VERSUS LAST, GASOL
LOOKING AT SOLDIERS. IN VAMOS.
GRACIAS OKAY, ANY OTHER BUT
PLEASE. YEAH. PLEASE DO. I JUST
WANTED TO ACKNOWLEDGE THE WOMEN
AND MEN WHO ARE HERE TODAY. UM
FOR SPEAKING UP AND APPRECIATE
SENATOR DURAZO FOR INTRODUCING
SP 686 AND MY MOTHER WAS ALSO A
DOMESTIC WORKER FOR MANY YEARS,
AND THIS BILL WILL NOT ONLY GIVE
HER A FACE BECAUSE A LOT OF
THESE WORKERS ARE OFTEN
FACELESS. WHEN THE REST OF US
ARE ABLE TO GO TO WORK AND DO
WHAT WE NEED TO DO. IT ALSO
GIVES THEM A VOICE AND I
APPRECIATE THAT AND WE'LL BE
SUPPORTING TODAY. THANK YOU SO
MANY. THANK YOU, MR CHAIR, AND
THANK YOU, SENATOR DURAZO FOR
YOUR LEADERSHIP. BOTH ON MOVING
FORWARD THE ADVISORY COMMITTEE
AND GETTING US TO THIS POINT OF
WHAT I THINK IS A VERY
REASONABLE AND NECESSARY NEXT
STEP, WHICH IS GRACIAS TO ALL OF
THE DOMESTIC WORKERS WHO ARE
HERE. I KNOW THERE ARE MANY WHO
ARE HERE FROM SAN FRANCISCO WHO
HAVE HAD THE OPPORTUNITY TO GET
TO KNOW VERY WELL AND VERY MUCH
APPRECIATE ALL OF YOUR WORK AND
YOUR ADVOCACY AND YOUR TIRELESS
, UM, WORK ON BEHALF OF
YOURSELVES AND ALSO THE MANY,
MANY DOMESTIC WORKERS WHO YOU
REPRESENT. AND BEING HERE. YOU
KNOW THE FACT THAT WE STILL HAVE
HOUSEHOLD DOMESTIC SERVICE
EXEMPTED ENTIRELY FROM THESE
KINDS OF PROTECTIONS IS JUST
ENTIRELY UNACCEPTABLE AND THE
FACT THAT THIS BILL WOULD
FINALLY CHANGE. WHAT IS I
BELIEVE TO BE A DISCRIMINATORY
RELIC, EXCLUDING WORKERS WHO ARE
OVERWHELMINGLY WOMEN,
OVERWHELMINGLY PEOPLE OF COLOR
FROM PROTECTIONS THAT EVERY
WORKER SHOULD HAVE, AND ACTUALLY
, DOMESTIC WORKERS NEED, UH, AS
MUCH, IF NOT MORE THAN MANY
OTHER WORKERS BECAUSE OF THE
DANGERS AND THE CHALLENGES THAT
CAN BE EXPERIENCED. AND WHAT
THIS THIS BILL DOES IS REALLY
JUST ENSURES THAT COWL SHOULD
TAKE THAT NEXT STEP OF FORMING
THOSE REGULATIONS THAT ARE
APPROPRIATE FOR THIS INDUSTRY
AND FOR THESE WORKERS AND
REMOVES THIS EXEMPTION, WHICH I
THINK, UH I IS OVERDUE AND BEING
REMOVED, SO I'M VERY PROUD TO BE
ALSO A CO AUTHOR OF THIS BILL
AND THANKFUL FOR THE BROAD
COALITION AND ESPECIALLY ALL OF
THE DOMESTIC WORKERS WHO ARE
HERE. MUCHAS GRACIAS. IT MEANS
SO MUCH TO SEE YOU ALL REACHED
THIS POINT AND LET'S MOVE IT
FORWARD AND GET IT SIGNED BY THE
GOVERNOR. THANK YOU. UM 20
MEMBERS. I WANT TO THANK THE
SENATOR AND HIS OTHER Ó. THERE
IS I THOUGHT YOU I THOUGHT WENT
LIKE THAT. SO I THOUGHT, OH, NO,
NEVER. I WOULD NEVER DO THAT.
THANK YOU, MR CHAIR. STANDARD
K¾T FLORES BECAUSE WHOVIAN USE
ON REAL OTHERS. THAT PRINCIPLE
STILL FINAL. I ALSO WANT TO SAY
THANK YOU TO JUDY JACKSON. I
THINK IT'S SO IMPORTANT TO HAVE
NOT ONLY THE WORKERS HERE, BUT
THE EMPLOYERS WHO RECOGNIZED HOW
IMPORTANT THEIR WORK IS OF THE
DOMESTIC WORKERS. I THINK THIS
IS ANOTHER EXAMPLE. AND I WISH I
COULD HAVE BILLS WHERE THERE
WOULD BE ZERO OPPOSITION. UM BUT
THE SENATOR IS PRESENTING A BILL
THAT IS SO IMPORTANT. AND AS MY
COLLEAGUE HAS SAID WE NEED TO
REMOVE THESE EXEMPTIONS THAT DO
NOT PROVIDE THE PROTECTION THAT
EVERYBODY IN CALIFORNIA DESERVES
. UM SO I AM VERY PROUD TO
SUPPORT THIS. AND I THANK YOU
FOR BRINGING THIS. THANK YOU. UM
AND I WANT TO THANK THE SENATOR
AND AS OTHERS HAVE INDICATED,
REALLY THANK THE WORKERS AS WELL
AS SOME OF THE EMPLOYERS THAT
ARE HERE IN RECOGNITION OF HOW
HARD DOMESTIC WORKERS WORK FOR
THEM AND WORK FOR SO MANY OF OUR
LOVED ONES OFTEN TIMES AN
ISOLATIONIST REMEMBER, HEANEY
INDICATED. UM YOU KNOW, THIS IS
A SUMMARY OR ORTEGA INDICATED,
OFTENTIMES OF VOICELESS PART OF
THE WORKFORCE THAT DESERVES A
VOICE. SO I'M SO HAPPY THAT SO
MANY OF YOU TOOK THE TIME TO
COME HERE FROM ALL OVER THE
STATE TO MAKE SURE YOUR VOICE IS
HEARD, AND I DON'T THINK YOU CAN
CHOOSE A BETTER PERSON TO
AMPLIFY YOUR VOICES. SENATOR
DURAZO. AND SO I'M VERY GRATEFUL
FOR HER WORK ON THIS, UM AND ON
BEHALF OF WORKERS THROUGH SO
MANY YEARS, AND I WOULD BE
HONORED TO BE ADDED AS A CO
AUTHOR, AS WELL, UH, WOULD YOU
LIKE TO CLOSE AND DURAZO? WELL
I'M VERY THANK YOU, EVERYONE FOR
YOUR COMMENTS. GRACIAS.
MOTTOLA'S BUT NEITHER OF YOUR
HOLLOW THE PARTICIPLE IF ORANJE
, UH, THIS IS A WOMEN'S CAUCUS
PRIORITY, UH, SO IT'S VERY
IMPORTANT TO ALL OF US IN THIS
CARE ECONOMY THAT WE ARE
TREATING THE WOMEN PRIMARILY ALL
ALL WHO WORK IN THE CARE ECONOMY
WITH THE DIGNITY THAT THEY
DESERVE SO THANK YOU TO THE
EMPLOYERS TO THE WORKERS AND TO
YOU AS MEMBERS OF THIS
COMMITTEE. THANK YOU, MR CHAIR.
THANK YOU SO MUCH. MADAM
SECRETARY. IF WE CAN TAKE A ROLL
CALL VOTE ON SB. 686 MOTION IS
DUE PASS TO APPROPRIATIONS
COMMITTEE. CHOLERA CHOLERA I
FLORA FLORA I CHEN CHEN. I HATE
ME. ANY I ORTEGA ORTEGA. I RAISE
RAISE I AWARD. WOULD UP. AND
THAT'S UNANIMOUSLY PASSED OUT.
THANK YOU SO MUCH. YEAH. AND
WE'LL RETURN LATER ON TO SENATOR
RUSSELL'S OTHER BILLS. THANK YOU
, SENATOR SMALLWOOD CRAVE US FOR
ALLOWING THAT PARTICULAR BILL TO
GO FORWARD. IF YOU HAD QUITE A
FEW PEOPLE HERE THAT HAVE TO
THINK MAKE THEIR WAY HOME. YEAH.
AH YEAH, THERE ARE BUSSES TO BE
BOARDED. I UNDERSTAND THAT. SO,
SENATOR. SP 6 27 BY SENATOR
SMALLWOOD CUEVA, US. WHENEVER
YOU'RE READY, SENATOR. THANK YOU
SO MUCH, MR CHAIR AND THANK YOU
SO MUCH ASSEMBLYMEMBER'S OF FOR
AH, HEARING THIS IMPORTANT BILL.
I'M PREYS TO PRESENT SB 6 TO 7,
THE DISPLACED WORKER TRANSFER
RIGHTS ACT, WHICH WOULD REQUIRE
LARGE CHAIN EMPLOYERS WITH 100
STORES OF MORE TO GIVE 60 DAYS
ADVANCE NOTICE TO WORKERS THAT
THE STORE'S CLOSING IT WOULD.
ADDITIONALLY GRANT WORKERS
DISPLACED BY THESE CLOSURES ARE
RIGHT TO TRANSFER TO AN
AVAILABLE STORE CHAIN STORE
WITHIN 25 MILES. OF THE CLOSED
LOCATION. STORE CLOSURES CAN
HAVE A DEVASTATING EFFECT ON
WORKERS. FINANCIAL SECURITY.
DESTABILIZING IN AFFECT SO MANY
OF OUR COMMUNITIES THAT THEY
CALL HOME. THE STORE CLOSURES
OCCURRED DISPROPORTIONATELY AND
LOW INCOME COMMUNITIES,
COMMUNITIES OF COLOR. AFFECTING
LARGELY WOMEN WORKFORCE IS
COMPOUNDING THE ECONOMIC AND
SOCIAL CHALLENGES THAT RESIDENTS
ALREADY FACE. FURTHERMORE, FOR
THE WORKERS WHO ARE FACED WITH
JOB LOSS AND THE NEED TO COLLECT
UNEMPLOYMENT OR UTILIZE OTHER
SERVICES TO HELP WITH FINANCIAL
INSECURITIES. THE COST OF THESE
CLOSURES ARE WAY TOO HIGH AND
EFFECTIVELY OFTEN GET PASSED ON
TO THE CALIFORNIA TAXPAYERS. SP
6 TO 7 WILL HELP ENSURE WORKERS'
LIVES AREN'T COMPLETELY UPENDED
WHEN THEY LOSE THEIR JOBS DUE TO
STORE CLOSURES. BECAUSE THEY
WILL HAVE A SAFETY NET THAT WILL
AFFORD THEM AN OPPORTUNITY TO
CONTINUE WORKING AND PROVIDING
FOR THEMSELVES AND THEIR
COMMUNITIES WITH ME TODAY TO
TESTIFY IS DARRYL PEARCE OF
FORMER STARBUCKS EMPLOYEE AND
SARAH FLOCKS WITH THE CALIFORNIA
LABOR FEDERATION. WHO WILL BE
HERE FOR TO ANSWER ANY TECHNICAL
QUESTIONS YOU MIGHT HAVE. THANK
YOU SO MUCH UP TO TWO MINUTES
EACH. PLEASE BEGIN. HI MY NAME
IS DARRYL PEARCE AND I WORKED AT
STARBUCKS FOR OVER TWO YEARS,
MOST RECENTLY AT THE 19TH AND J
LOCATION HERE IN SACRAMENTO. MY
COWORKERS AND I STARTED
ORGANIZING TO FORM A UNION TO
PROVIDE TO IMPROVE THE MOST
BASIC WORKING CONDITIONS IN OUR
STORE, MOTIVATED BY ARE OFTEN
DANGEROUS WORK ENVIRONMENT. WE
HAD NUMEROUS SAFETY AND HYGIENE
ISSUES THAT ARE STORE PEOPLE
WOULD USE DRUGS IN THE PUBLIC
BATHROOM, THROW HOT COFFEE AND
HEAVY MUGS AT US PICK THEIR SKIN
OFF IN OUR LOBBY AND SHATTER OUR
STORE WINDOWS WITH CROWBARS.
WHEN STARBUCKS CLOSED 16 STORES
NATIONALLY, INCLUDING SIX IN
CALIFORNIA. THEY TOLD US IT WAS
DUE TO SAFETY CONCERNS, BUT MANY
OTHER STORES LIKE MINE HAD THE
SAME SAFETY ISSUES AS THE CLOSED
DOORS AND YET REMAINED OPEN. THE
STORE CLOSURES WERE TIMED TO
SEND A MESSAGE TO ORGANIZING
STARBUCKS WORKERS THAT THE
COMPANY IS WILLING TO GO TO
EXTREMES TO PREVENT US FROM
EXERCISING OUR RIGHTS. I'M HERE
TODAY TO SPEAK IN FAVOR OF
SENATE BILL 6 TO 7, WHICH WOULD
REQUIRE CHAIN EMPLOYERS LIKE
STARBUCKS TO GIVE WORKERS AT THE
CLOSING STORES THE OPPORTUNITY
TO WORK AT NEARBY LOCATIONS. ONE
OF OUR FEARS AS BARISTAS WAS
THAT IN TOO MANY PLACES,
STARBUCKS HAS CLOSED UNION
UNIONIZING STORES IN RETALIATION
FOR ORGANIZING AND THEN MADE
SURE THAT PRO UNION BARISTAS
WOULDN'T BE ABLE TO FIND WORK AT
SURROUNDING STORES. STARBUCKS
HAS SPENT MILLIONS ON THEIR ANTI
UNION CAMPAIGN AND HAS SHOWN
THEY BELIEVE THEMSELVES TO BE
ABOVE LABOR LAW WITH THEIR
ACTIONS. IN MANY INSTANCES,
EMPLOYEES AREN'T ABLE TO FIND
POSITIONS CLOSE ENOUGH TO THEIR
HOMES AND ARE FORCED TO QUIT.
WITHOUT THIS LAW, PEOPLE LOSE
THEIR JOBS. EVEN WHEN STORES
CLOSED FOR A DAY, YOU CAN SEE
THE CUSTOMER VOLUME. IT'S
SURROUNDING LOCATION. SHOOT UP
STORIES SIMPLY AREN'T STAFFED OR
STOCKED FOR THAT UNEXPECTED
VOLUME. SB 6 TO 7 WOULD ADDRESS
THIS LABOR SHORTAGE BY ENSURING
THAT WORKERS WHO ARE IN DANGER
OF LOSING THEIR JOBS CAN
TRANSFER TO STORES WITHIN 25
MILES OF A CLOSED LOCATION.
COMPANIES LIKE STARBUCKS SHOULD
WANT TO RETAIN EXPERIENCED STAFF
INSTEAD OF FORCING THEM INTO
JOBLESSNESS BECAUSE THEY'RE TOO
AFRAID OF WORKERS EXERCISING
THEIR RIGHT TO UNIONIZE. SP 6 TO
7 WILL HELP THOSE IN OUR
COMMUNITIES RETAIN EMPLOYMENT
CHAIN EMPLOYEES LIKE MYSELF
OFTEN CHOOSE TO WORK IN IN
LOCATIONS BASED ON THEIR
PROXIMITY TO OUR HOMES. MANY
DON'T HAVE CARS, SO LOSING OUR
JOBS CLOSE. LOSING OUR JOBS TO
STORE CLOSURES IS HUGELY
IMPACTFUL ON OUR ABILITY TO FIND
WORK WHEN THE NEXT NEAREST
LOCATION IS INACCESSIBLE. PLEASE
JOIN ME IN SUPPORTING IMPORTANT
LEGISLATION THAT WOULD HELP
PROTECT CHAIN EMPLOYEES WHO ARE
ORGANIZING FOR SAFER STORES AND
BETTER CONDITIONS. THANK YOU.
THANK YOU. MR CHAIR MEMBER.
SARAH FLOCKS. CALIFORNIA LABOR
FEDERATION, A SPONSOR OF THE
BILL, WE WERE HERE A COUPLE
WEEKS AGO AS A CO SPONSOR OF
ANOTHER BILL. SB 7 23, AND IT
WAS ABOUT REHIRE RIGHTS, MAKING
PERMANENT REHIRE RIGHTS FOR
HOSPITALITY WORKERS. THIS BILL
IS LARGELY MODELED ON THAT
BECAUSE IT'S A SUCCESSFUL MODEL
TO KEEP WORKERS CONNECTED TO
THEIR JOBS. PREVENT LONG TERM
UNEMPLOYMENT AND MAKE SURE THAT
ESPECIALLY OLDER WORKERS,
WORKERS WHO MAY HAVE BEEN
ACTIVISTS ON THE JOB. WOMEN LOW
INCOME WORKERS HAVE JOB SECURITY
WHEN THERE ARE LAYOFFS THAT ARE
NO FAULT OF THEIR OWN.
ECONOMISTS ACTUALLY RECOMMEND
THIS AS A WAY TO KEEP OUR
ECONOMY RUNNING WHEN WE HIT
RECESSIONS OR ROUGH TIMES. OR
WHEN WE HIT A AREA WHEN RETAIL
STORES LARGE CHAINS LIKE IT'S
HAPPENING NATIONALLY, ARE
STARTING TO REFORMAT. UM WHEN
THEY'RE YOU KNOW, CLOSING SOME
STORES BECAUSE THEY'RE GOING
ONLINE, CLOSING SOME STORES IN
NEIGHBORHOODS BECAUSE THEY WANT
TO MOVE INTO WEALTHIER
NEIGHBORHOODS WHERE THEY MAKE
MORE MONEY. THAT'S NOT THE
WORKER'S FAULT. AND IN FACT,
THAT NEIGHBORHOOD AND THOSE
WORKERS HAVE A DOUBLE BURDEN
BECAUSE THEY LOSE A BUSINESS
THAT PROVIDES OFTEN THINGS LIKE
PRESCRIPTION DRUGS AND GROCERIES
, AND THEY LOSE THEIR JOBS. SO
THIS THIS BILL SIMPLY SAYS, WHEN
A POSITION OPENS UP, LET WORKERS
YOU'VE ALREADY HIRED AND TRAINED
TRANSFER. SO WE URGE YOUR
SUPPORT. THANK YOU. IS THERE
ANYONE ELSE HERE IN SUPPORT OF
SB SIX? 27. JOHN SHOVEN,
CALIFORNIA NURSES ASSOCIATION.
STRONG SUPPORT. THANK YOU. JAMES
AND MICHAEL PAULA. WITH AFSCME,
CALIFORNIA AND SUPPORT THANK
YOU. I'M REALLY ROSENBERG ER
WITH S GOT YOU AND SUPPORT THANK
YOU. MARIKO YOSHIDA ON BEHALF OF
THE CALIFORNIA EMPLOYMENT
LAWYERS ASSOCIATION OF THE
CALIFORNIA COALITION FOR WORKER
POWER AND SUPPORT. THANK YOU.
ANYONE HERE IN OPPOSITION SP 6
27.
LAST TIME YOU HAVE TO SEE ME
TODAY. UH GOOD AFTERNOON, MR
CHAIR AND MEMBERS COURTNEY
JOHNSON ON BEHALF OF THE
CALIFORNIA CHAMBER OF COMMERCE,
RESPECTFULLY AND OPPOSITION AS A
JOB KILLER BILL. AS WITH SP 7 TO
3, WHICH WAS RECENTLY HEARD IN
THIS COMMITTEE. WE BELIEVE THIS
POLICY, WHICH STARTED AS A COVID
POLICY, MICRO MANAGES THE REHIRE
PROCESS FOR AFFECTED BUSINESSES
AND CREATES A PROBLEMATIC,
PERMANENT STATUTORY SCHEME. THAT
ELIMINATES AT WILL EMPLOYMENT
AND MANDATES HIRING BASED ON
SENIORITY ALONE. THIS BILL
BROADLY IMPACTS CHAINS, WHICH
COULD INCLUDE A MULTITUDE OF
BUSINESSES AND INDUSTRIES,
INCLUDING RETAIL RESTAURANTS,
GROCERY STORES, HOTELS,
HOSPITALS, HEALTHCARE FACILITIES
, MOVIE THEATERS, AND MORE BROAD
NATURE OF THIS BILL CONTAINS THE
ISSUES THAT IN 2020 CAUSED
GOVERNOR NEWSOM TO VETO A B 32
16. AFTER THE VETO, THE RIGHT TO
RECALL POLICY WAS BASED, WAS
PASSED IN 2021 TO INSTITUTE A
NARROW LOSS SPECIFICALLY FOR
HOSPITALITY WORKERS, WHICH HAD A
SENSE SET AND WAS SPECIFICALLY
TIED TO THE COVID 19 PANDEMIC
SINCE THE PASSAGE OF THE POLICY
IN 2021, THE REQUIREMENTS HAVE
SLOWED DOWN THE HIRING PROCESS
SIGNIFICANTLY IN THE HOSPITALITY
INDUSTRY, AND WE BELIEVE IT WILL
DO SO IN THE INDUSTRIES IMPACTED
BY THIS BILL, ALSO I WOULD ALSO
NOTE THE PENALTIES FOR EMPLOYERS
WHO INADVERTENTLY RUN AFOUL OF
THIS COMPLIANCE. HEAVY LAW ARE
VERY HIGH WITH ALL THE ISSUES
WITH THE IMPLEMENTATION OF THIS
POLICY IN THE HOSPITALITY
INDUSTRY. WE BELIEVE THIS POLICY
SHOULD STAY AS A PANDEMIC BASED
POLICY AND NOT EXPAND INTO NEW
INDUSTRIES. THANK YOU. THANK YOU
FOR REMINDING ME OF THE GOVERNOR
OF EACH OF MY BILL. YEAH GOOD
AFTERNOON. I'M K¾T DAVEY. I'M
WITH THE CALIFORNIA RESTAURANT
ASSOCIATION. WE ARE IN
RESPECTFUL OPPOSITION TO SB 6 TO
7. SB 6 TO 7 REQUIRES CERTAIN
RESTAURANT EMPLOYERS TO GIVE
SPECIFIC NOTICE TO EMPLOYEES 60
DAYS PRIOR TO CLOSING THE
LOCATION. WELL, THIS MAY SOUND
SIMPLE AND IT'S CERTAINLY
SOMETHING OUR MEMBERS CAN STRIVE
FOR THE LOGISTICAL
IMPLEMENTATION THAT 60 DAY
NOTICE REQUIREMENT IS VERY
COMPLEX. THERE ARE NUMEROUS
FACTORS THAT GO INTO THE
EQUATION WHEN A BUSINESS IS
DETERMINING IF AND WHEN IT MAY
MAY MAKE SENSE TO CLOSE A GIVEN
LOCATION, GIVEN THOSE
COMPLEXITIES AND VARIABLES,
RIGID 60 DAY NOTICE WILL LIKELY
LEAD US TO OVER NOTICE EMPLOYEES
AND WILL LIKELY RESULT IN
NOTICING PLEASE ABOUT THE
POTENTIAL OF HISTORIC CLOSURE.
WHEN IN SOME CASES, A STORY MAY
NOT ACTUALLY CLOSED AT ALL.
ADDITIONALLY THE BILL REQUIRES
EMPLOYERS TO OFFER JOBS TO
EMPLOYEES FROM CLOSED STORES AND
OTHER STORES WITHIN 25 MILES OF
THAT CLOSED LOCATION AND TO
CONTINUE TO PRIORITIZE THAT
EMPLOYEE FOR UP TO ONE YEAR.
THESE SAME EMPLOYEES ALSO HAVE
FIVE DAYS TO ACCEPT OR DECLINE
THAT OFFER. WHILE THERE THESE
ARE GREAT GOALS TO STRIVE FOR
OUR MEMBERS TRY TO DO JUST THAT
. THE OPERATIONAL DISRUPTION TO
RESTAURANTS THAT ARE FORCED TO
WAIT FIVE DAYS FOR A POTENTIAL
EMPLOYEE TO RESPOND TO A JOB
OFFER IS JUST NOT WORKABLE FOR
US. PRIOR EXPERIENCE WITH THIS
KIND OF PRESCRIPTIVE REHIRE
REQUIREMENT IN THE HOSPITALITY
INDUSTRY GIVES US GREAT CONCERN
OVER THE RESTRICTIVE NATURE OF
THIS PROPOSAL. ADDITIONALLY THE
BILL DOES NOT PROVIDE COVERED
EMPLOYEES WITH AN AVENUE TO
REMOVE THEMSELVES FROM THE
REHIRE LIST. RESTAURANT EMPLOYER
WOULD STILL BE REQUIRED TO
CONTACT COVERED EMPLOYEES ON THE
LIST AND OFFER THEM A JOB WHEN
IT COMES AVAILABLE, EVEN THOUGH
THE COVERED EMPLOYEE MAY HAVE
INDICATED THAT THEY HAVE TAKEN
ANOTHER OPPORTUNITY AND DO NOT
WANT TO BE CONTACTED ANYMORE. WE
BELIEVE THAT THE RESTRICTIVE
HIRING MANDATES CONTAINED IN SP
6 TO 7. WE'LL HAVE THE
UNINTENDED CONSEQUENCES OF QUICK
CONSEQUENCES OF ACTUALLY SLOWING
DOWN OR HIRING PROCESS, AS IT IS
CERTAINLY POSSIBLE FOR ONE
EMPLOYEE TO TAKE THE FULL FIVE
DAYS TO RESPOND TO THE JOB OFFER
AND THEN DECLINED THE JOB. UM DO
I NEED TO WRAP UP WRAP UP. THANK
YOU WERE ALSO CONCERNED THAT
THESE REQUIREMENTS WILL IMPACT
PROMOTIONAL OPPORTUNITIES FOR
EXISTING EMPLOYEES FOR THESE AND
OTHER LOGISTICAL REASONS. WE ARE
OPPOSED TO SB 6 TO 7. THANK YOU.
ANYONE ELSE HERE IN OPPOSITION
SP 6 27 NAME AFFILIATION YOUR
POSITION ON THE BILL JULIA
MALINOWSKI, BALL RESPECTFULLY
AND OPPOSITION ON BEHALF OF THE
CALIFORNIA HOTEL AND LODGING
ASSOCIATION. THANK YOU. THANK
YOU. HELLO RAINA LANE ON BEHALF
OF THE CALIFORNIA RETAILERS,
ASSOCIATION AND OPPOSITION.
THANK YOU. FINALLY AGAIN ON
BEHALF OF THE FAMILY BUSINESS
ASSOCIATION OF CALIFORNIA
RESPECTFULLY OPPOSED. THANK YOU.
THANK YOU. LAWRENCE GATE, WITH
THE CALIFORNIA MANUFACTURERS
TECHNOLOGY ASSOCIATION.
RESPECTFUL OPPOSITION. THANK
YOU. THANK YOU. MR CHAIR CHRIS
MCKAY LI ON BEHALF OF THE
HOLLYWOOD CHAMBER OF COMMERCE,
ALSO IN RESPECTFUL OPPOSITION TO
THE BILL. THANK YOU. THANK YOU.
ALL RIGHT. WE'LL BRING IT BACK
TO COMMITTEE. IS THERE ANY
EMOTION WE HAVE A MOTION AND A
SECOND ANY OTHER? COMMENT OR
QUESTION. OKAY UM, I MEAN, I
REALLY SEE THIS MUCH MORE AS A
JOB SAFER THAN A JOB KILLER
QUITE LITERALLY. UM AND YOU
KNOW, I THINK WITH CHAIN STORES
TYPICALLY, I IMAGINE TAKE MONTHS
IF NOT YEARS AND MAKING
DECISIONS ON CLOSURES. I THINK
THAT THIS GIVING 60 DAYS TO
WORKERS BEFORE THEIR LIFE IS
POTENTIALLY UPROOTED. IT'S NOT
JUST COMMON DECENCY. IT'S GOOD
PUBLIC POLICY. AND SO THAT'S WHY
I AM ALREADY A CO AUTHOR AND
THIS ONE AND GRATEFUL TO THE
AUTHOR FOR BRINGING THIS
FORWARD. WOULD YOU LIKE TO
CLOSE? WELL THANK YOU SO MUCH,
MR CHAIR FOR THOSE COMMENTS.
THIS IS A JOB PROTECTOR. NOT A
JOB KILLER BILL. THE IDEA IS
WHEN WORKERS LOSE THEIR JOBS ARE
COMMUNITIES LOSE RESOURCES OUR
COMMUNITY LOSE CONSUMERS ARE
FAMILIES LOSE BREADWINNERS, AND
THIS IS ABOUT MAKING SURE UM,
THAT COMPANIES DO RIGHT BY
WORKERS AND MAKE SURE THAT THEY
KEEP WORKING AND ABLE TO WORK IN
A WAY. AH THAT SUSTAINS OUR
COMMUNITY NEARBY, WHERE THEIR
ORIGINAL PLACE OF EMPLOYMENT WAS
LOCATED. WE BELIEVE THAT THIS
BILL IS ESSENTIAL. I HAVE WORKED
WITH WORKERS WHEN A WALMART
CLOSED ON CRENSHAW BOULEVARD. IT
TOOK US FIVE YEARS TO FIND
EMPLOYMENT, PARTICULARLY FOR
THOSE BLACK AND ENGLISH LANGUAGE
LEARNERS WHO WERE WORKING IN
THAT STORE. DEFINE SUITABLE WORK
FOR THEM. SO THIS BILL ENSURES
THAT OUR FOLKS HAVE A PLACE TO
GO AND THAT THEY CONTINUE TO
WORK. AND WITH THAT I ASKED FOR
YOUR I VOTE. THANK YOU, MADAM
SECRETARY ON SBS 6 27. IF WE CAN
HAVE A ROLE CALL VOTE, PLEASE
MOTION IS DUE PASS TO JUDICIARY
COMMITTEE. CHOLERA I FLORA FLORA
NO, CHEN. CHEN NOT VOTING. HANEY
ORTEGA ORTEGA. I REYES. REYES I
AWARD THAT GOES ON. OKAY, THAT
BILL WILL GO ON CALL. AND WE
HAVE ONE MORE FROM SOMETHING OR
SENATOR SMALLWOOD CUEVAS. SB 8
30. THANK YOU, MR CHAIR AND
ASSEMBLYMEMBER'S. I'M PLEASED TO
PRESENT SB A 30, WHICH WOULD
EXTEND PREVAILING WAGE ON PUBLIC
WORKS PROJECTS TO OFFSITE SHEET
METAL FABRICATORS PERFORMING
WORK FOR THOSE PROJECTS.
TRADITIONALLY FABRICATION OF
CUSTOM SHEET METAL DUCTS FOR
HEATING, VENTILATION AND AIR
CONDITIONING SYSTEMS TOOK PLACE
AT A JOB SITE. ADVANCES IN
FABRICATION TOOLS AND PRACTICES
NOW ALLOW FOR FABRICATION OF
CUSTOM SHEET METAL DUCTS, EITHER
ON SITE OR OFF SITE. OFF SITE
FABRICATION INCREASES SAFETY,
PRODUCTIVITY AND EFFICIENCY BY
USING PERMANENTLY INSTALLED
COMPUTER GUIDED PLASMA CUTTERS
AND BY ALLOWING PROJECT PLANNERS
TO SCHEDULE THE NEED OF
FABRICATION AT EACH STAGE OF
CONSTRUCTION. UNFORTUNATELY OFF
SITE CUSTOM FABRICATION HAS ALSO
BEEN USED. TO INCREASE DEVELOPER
AND CONTRACTOR PROFITS BY
EVADING PREVAILING WAGE
REQUIREMENTS. 2014 APPELLATE
COURT DECISION UPHELD THE
DETERMINATION THAT OFFSITE
CUSTOM FABRICATION OF METAL IS
NOT SUBJECT TO PREVAILING WAGE
EVEN THOUGH IN THE SAME WORK
WOULD BE IF IT WERE PERFORMED AT
A JOB SITE. THIS CREATES AN
INCENTIVE FOR CONTRACTORS TO
EVADE PREVAILING WAGE BY
CONSTRUCTING SIGNIFICANT
PORTIONS OF THEIR PROJECTS
OUTSIDE OF THE LOCAL AREA, USING
LOW PAID WORKERS THAT DON'T HAVE
THE SAME PROTECTIONS, ALLOWING
THIS TO CONTINUE UNDERMINE STATE
PREVAILING WAGE POLICY AND
DENIES WORKERS THEIR RIGHTFUL
WAGES. AND ROBS OUR COMMUNITY OF
THOSE WAGES. S B A 30 WOULD
FOLLOW THE LEAD OF OTHER STATES
THAT HAVE SPECIFIED OFFSITE
CUSTOM FABRICATION OF SHEET
METAL FOR H BACK SYSTEMS IS
ITSELF PUBLIC WORK. THIS WILL
ENSURE OFFSITE FABRICATION IS
USED TO BENEFIT THE EFFICIENCY
AND SAFETY OF PUBLIC PROJECTS
AND NOT TO DODGE CALIFORNIA'S
PREVAILING WAGE. I HAVE WITH ME
TODAY FROM THE WESTERN STATES
COUNCIL OF SHEET METAL WORKER
SCOTT WEDGE TO TESTIFY IN
SUPPORT AND ROB STOKER TO ANSWER
ANY TECHNICAL QUESTIONS YOU
MIGHT HAVE. THANK YOU UP TO TWO
MINUTES EACH. PLEASE. MR.
CHAIRMAN, REMEMBER SCOTT WISH ON
BEHALF OF THE WESTERN STATES
COUNCIL OF SHEET METAL WORKERS.
I THINK THE SENATOR DID, UH,
MORE THAN ELOQUENT JOB OF
EXPLAINED WHAT THIS BILL DOES. I
JUST LIKE TO EMPHASIZE A FEW
POINTS WERE FOCUSED SOLELY ON
SHEET METAL DUCTWORK THAT IS
MADE TO SPECIFICATIONS FOR A
PROJECT NOT OFF THE SHELF. TYPES
OF EQUIPMENT THAT YOU MIGHT JUST
GO BUY IT A WHOLESALER AT HOME
DEPOT. UM WELL, I HAVE GREAT
RESPECT FOR THE OPPOSITE MY
FRIENDS IN THE OPPOSITION. I'D
LIKE TO ADDRESS A COUPLE. I
THINK FALLACIOUS ARGUMENTS THAT
THEY'VE MADE ABOUT THIS BILL,
AND ONE OF THEM IS THAT, UM
FOLKS WORKING IN A FAB SHOP
MIGHT BE WORKING, YOU KNOW, ONE
HOUR OR TWO HOURS ON A
PREVAILING WAGE JOB. IF THIS
BILL WERE TO PASS AND THEN SHIFT
AND DO AS FEW HOURS ON PRIVATE
WORK AND THEN MAY COME BACK AND
DO UH, YOU KNOW, PAVILION WAGE
WORK AGAIN AND THEN THAT THAT
MAKES IT IMPOSSIBLE TO, UH
APPROPRIATELY APPLY PREVAILING
WAGE AND THAT'S NOT A NEW
CIRCUMSTANCE IN PUBLIC WORKS
PROJECTS. TRADE UNIONISTS TO
TRADE WORKERS UNION NON UNION
WILL FULL FLOW MIGHT GO INTO A
PROJECT AT A SCHOOL FOR TWO
HOURS. BE PULLED BY THE
CONTRACTOR AND SENT OVER TO A
BUILDING A SAFE WAY, WHICH IS
NOT A PUBLIC WORKS JOB AND THEN
COME BACK IN THE IN THE
AFTERNOON OR THE NEXT DAY. THE
CERTIFIED THE PROCESS OF
MAINTAINING CERTIFIED PAYROLLS
ACCOMMODATES FOR THAT. SO THAT'S
NOTHING NEW. UM, THE SECOND
EXAMPLE. THEY'LL USE AS WELL.
WHAT DO WE DO IF WE HAVE
SOMETHING BEING YOU KNOW,
PREFABRICATED OVERSEAS AND MY
RESPONSE IS, DON'T AND SO FOR
THAT WE DID ASK FOR MY VOTE.
THANK YOU. I THINK I WOULD JUST
LIKE TO ADD THAT YOU KNOW,
TECHNOLOGY REALLY IS CHANGING
THE WAY THAT THIS WORK IS DONE.
AND I HAVE A UNIQUE PERSPECTIVE
BECAUSE I MEAN, I CAME UP AS A
SHEET METAL WORKER THROUGH THE
APPRENTICESHIP GOT INTO
SUPERVISORY POSITIONS ALL THE
WAY UP AND THEN MOVED OVER INTO
SOME MANAGEMENT POSITIONS WHERE
I WAS ESTIMATING AND PROJECT
MANAGING AND BEFORE I CAME OVER
HERE AND HAVE THE HONOR OF
REPRESENTING SHEET METAL WORKERS
IN THIS STATE, UM I WAS ACTUALLY
THE DIVISION SHEET METAL MANAGER
FOR ONE OF THE LARGEST CONTRARY
MECHANICAL CONTRACTORS IN THE
EAST BAY AREA, SO I UNDERSTAND
THE BURDENS THAT COME ALONG WITH
KEEPING BUSINESSES OPEN AND
EVERYTHING THAT THEY HAVE TO DO.
BUT MR WHICH PUT IT WELL, THESE
ARE THINGS THAT ARE ALREADY DONE
EVERY PROJECT THAT IS BID. EVERY
MINUTE OF THAT PROJECT IS
ACCOUNTED FOR SO REGARDLESS OF
HOW MANY PROJECTS ARE FLOWING,
THAT IS ALL TRACKED. UM SO MUCH
OF THE WORK THAT WE WERE DOING
ON SITE AS SHORT AS FIVE YEARS
AGO, IS NOW DONE OFF SITE.
THAT'S THE REALITY AND THERE'S
NO BIG WIN FOR UNION ICE SHEET
METAL WORKERS BECAUSE WE'RE
MAKING THESE WAGES WHO THIS IS
PROTECTING AS THOSE THAT ARE
UNORGANIZED, AND IT'S LEVELING
THE PLAYING FIELD AND CLOSING
THAT LOOP SO THAT WHEN YOU BID A
PUBLIC WORKS JOB AND THE
FABRICATION IS INCLUDED IN ITS
APPLES FOR APPLES. SO THIS
REALLY IS REACHING OUT AND
SUPPORTING THOSE THAT AREN'T
UNIONIZED, AND I THINK I WOULD
LAST LIKE TO CLOSE WITH IT'S A
BAD THING TO SHRINK THESE HOURS
DOWN ON SITE. I WILL SAY THAT
BUT I ALSO SAY THAT THAT WE'RE
EMBRACING THESE TECHNOLOGIES
BECAUSE IT'S SAFER FOR THE
WORKFORCE RIGHT THAT WE CAN.
WE'RE IN A CONTROLLED
ENVIRONMENT IN A SHOP WHERE WE
CAN DO THESE THINGS. THE
CORRIDORS OF A BUILDING THAT'S
GOING UP ARE LESS CONGESTED
MAKES IT SAFER, MIXING MORE
EFFICIENT JOB. THE REALITY IS
THAT IF WE ALLOW TECHNOLOGY TO
KEEP THE PLATING SOME OF THE
HOURS THAT ARE ON SITE THEN THE
REAL LOSERS OF THOSE MEN AND
WOMEN THAT ARE GOING TO WANT TO
GET INTO ENTREPRENEURSHIP
PROGRAM RIGHT BECAUSE THAT'S THE
REQUIREMENT THERE, AND THERE'S
SO MANY, WHETHER IT'S VETERANS
OR PEOPLE THAT HAVE BEEN
IMPACTED BY THE JUSTICE SYSTEM.
THAT ARE WAITING FOR THESE
HOURS, SO WE WOULD RESPECTFULLY
ASK FOR AN EYE. THANK YOU. IS
THERE ANYONE ELSE HERE IN
SUPPORT OF SB 8 30? SARAH FLOCKS
, CALIFORNIA LABOR FEDERATION
AND SUPPORT THANK YOU.
OPPOSITION SP 8 30. THE MOTION
IN A SECOND. MR CHAIR. REMEMBER
SCOTT, GOVERNOR BEHALF OF THE
CONSTRUCTION EMPLOYERS
ASSOCIATION. OUR MEMBERS ARE
LARGE UNION SIGNATORY BUILDING
CONTRACTORS, SO WE ARE NOT ANTI
UNION THE PROBLEM WITH THIS BILL
AND WHAT'S BEEN SAID OVER THE
PAST FEW WEEKS ABOUT THE
INFRASTRUCTURE PACKAGE, AND THE
NEED TO BRING IN MORE MINORITY
CONTRACTORS IS BY ADOPTING THIS
POLICY. THIS ISN'T ABOUT
UPLIFTING WORKERS. THIS IS ABOUT
COMPETITION. THIS IS ABOUT
LIMITING THE ABILITY OF SMALL
AND EMERGING CONTRACTORS TO
ENTER THE MARKET. BECAUSE DOING
THIS TYPE OF CERTIFIED PAYROLL
ON TOP OF REGULAR PAYROLL IS
CHALLENGING. SO I GET IT. YOU
WANT TO KEEP COMPETITION OUT?
THAT'S FINE. UM BUT DON'T HOLD
US LIABLE. BUT IF YOU WANT TO
PAY WORKERS $107 AN HOUR,
WHATEVER THE RATE IS THEN
ELIMINATE JOINT AND SEVERAL
LIABILITY FOR THE PRIME
CONTRACTOR. BECAUSE MR WHICH IS
RIGHT, IT IS DONE TODAY. WORKERS
GO FROM ONE SITE TO ANOTHER. AND
ON EACH SITE THEY CLOCK IN. WE
KNOW WHERE THEY ARE HERE.
THEY'RE IN A SHOP. AS A GENERAL
CONTRACTOR. WE HAVE NO WAY OF
VERIFYING WHAT THAT WORKER IS
DOING AT ANY GIVEN MOMENT, AND
SINCE WE'RE ULTIMATELY ON THE
HOOK, ALL WE'RE SAYING IS
MITIGATE THAT LIABILITY. THEN
YOU HAVE SOME PRACTICAL
IMPLEMENTATION ISSUES. THIS BILL
APPLIES TO EXISTING CONTRACTS
AND EXISTING PROJECTS. HOW DOES
THAT WORK? WE'VE ALREADY AGREED
TO THOSE TERMS. COME JANUARY,
1ST, A FAB SHOP THAT HAS NEVER
DONE CERTIFIED PAYROLL IS
SUDDENLY GONNA HAVE TO DO
CERTIFIED PAYROLL OR THEY'LL BE
LIABLE FOR $200 PER WORKER. PER
DAY. THAT FAB SHOP ALSO WON'T BE
REGISTERED WITH THE I R TO
PERFORM A PUBLIC WORKS. THEY
CAN'T DO THAT WORK AT ALL.
THERE'S NO DELAYED
IMPLEMENTATION IN THIS BILL, SO
WE DON'T UNDERSTAND HOW THAT
PROCESS WILL WORK. UM WE'LL HAVE
TO SUBSTITUTE THOSE FAB SHOPS
UNDER THIS BILL BECAUSE THEY'RE
NOT REGISTERED. WHO PAYS FOR
THAT? WHO PAYS FOR THE INCREASED
WAGES THAT WOULD BE DUE ON
JANUARY. 1ST IF SOMEONE BETTER
JOB AT $30 AN HOUR AND NOW THAT
RATES $100 AN HOUR AS THE
GENERAL CONTRACTOR, DO, I EAT
IT? HOW DOES THAT WORK? I MEAN,
THESE ARE SOME PRETTY, UM CLEAR
ITEMS AND THE MOST BASIC
IMPLEMENTATION LEVEL THAT
HAVEN'T BEEN ADDRESSED. THIS
ISN'T JUST GIVING SOMEONE AN
EXTRA FIVE BUCKS AN HOUR. THERE
ARE PROCESSES INVOLVED. NONE OF
THESE HAVE BEEN ADDRESSED. UM SO
FOR THIS REASON WE DO, UM OPPOSE
THE MEASURE. THANK YOU. THANK
YOU. IS THERE ANYONE ELSE HERE
IN OPPOSITION SP 8 30? MR CHAIR
MEMBERS, CHRIS WALKER ON BEHALF
OF THE CALIFORNIA SHEET METAL
AIR CONDITIONING CONTRACTORS
WERE NOT IN A POP OPPOSITION,
NOR ARE WE IN SUPPORT. WHAT WE
WOULD LIKE TO NOTE IS THAT WE
ARE WORKING COLLABORATIVELY WITH
THE SPONSOR OF THE AUTHOR'S
OFFICE ON SOME OF THESE
IMPLEMENTATION ISSUES. SOME OF
THESE DATES ARE IMPORTANT. FOR
EXAMPLE, A LOT OF OUR
FABRICATION SHOPS ARE NOT
CONTRACTOR'S LICENSE WITH THE
CONTRACTORS THAT LICENSING BOARD
BECAUSE THEY ARE NOT NEEDED TO
THEY'RE THEY'RE ALSO NOT PUBLIC
WORKS CONTRACTORS SO THEY WOULD
BE IN VIOLATION. THE MINUTE THAT
THIS BILL BECAME LAW GENERATE
ONE. I KNOW THAT SPONSOR HAS
AGREED TO ADJUST THOSE ISSUES.
WE WANTED TO NOTE THOSE, UM AND
WE ALSO THINK THAT WOULD BE A
GOOD IDEA THAT IN THE BIG
DOCUMENTS FOR PUBLIC WORKS JOBS
THAT THIS NOTATION BE INCLUDED
THAT DUCTWORK IS SUBJECT TO
PREVAILING WAGE. AH WHETHER IT'S
OFFSITE OR ON SITE. WE THINK
THAT'S IMPORTANT AS A UNION
CONTRACTOR. WE WANT OUR NONUNION
COMPETITORS TO KNOW THAT AND
HAVE THAT UPFRONT. SO THANK YOU.
THANK YOU. I WILL BRING IT BACK
ANYONE ELSE IN OPPOSITION? BRING
IT BACK TO COMMITTEE VICE CHAIR.
THANK YOU, MR CHAIR. UM MR
GOVERNOR RAISED A COUPLE OF
INTERESTING POINTS. I WAS JUST
CURIOUS THAT THE OPPOSITION HAD
YOU WANTED TO ADDRESS THAT
BECAUSE I DO THINK THAT THERE IS
A SOME. YEAH, SOME VALID
CONCERNS THERE FOR SURE. I WAS
JUST CHATTING WITH THE SENATOR
AND WITH, UM MR GOVERNOR AND ON
THE DELAYED IMPLEMENTATION WHERE
THERE'S EXISTING CONTRACTS OUT
THERE. I THINK THAT WE CAN
EASILY FIND AN ACCOMMODATION FOR
THAT. THAT'S A LEGITIMATE ISSUE,
AND WE'LL WORK. WELL. WE'LL
DEFINITELY WORK THROUGH THAT.
THANK YOU, VERY REYES. THIS IS
THE WAY WE'RE SUPPOSED TO DO
THINGS WE FIND WHAT THE ISSUE IS
, AND WE TAKE CARE OF IT. THE
OTHER HAD TO DO WITH THE
CERTIFIED PAYROLL AND MAKING
SURE THAT, UM SOMEONE WHO WASN'T
ACCUSTOMED TO CERTIFIED PAYROLL
. HOW DO THEY TRANSITION TO
THAT? WELL. FOR THE MOST PART, I
THINK THAT THE MAJORITY OF UH SO
EVEN THE FAB SHOPS TODAY THAT
ARE NOT PAYING PREVAILING WAGE
THEY'RE DOING PUBLIC WORKS.
THEY'RE STILL TAKING THAT
FABRICATED MATERIAL AND AT SOME
POINT GOING ON SITE TO INSTALL
IT, SO THEY'RE NOT UNFAMILIAR.
WITH THE CERTIFIED PAYROLL
PROCESS TO BEGIN WITH. BUT LET'S
SAY THAT SOME CONTRACTOR JUST
MOVED TO CALIFORNIA AND GOD
CONTRACTOR'S LICENSE HERE, AND
HE'S NOT FAMILIAR WITH OUR LAWS
. THE SECTION ON ON IN THE IN
THE LABOR CODE THAT OUTLINES
WHAT YOU NEED TO DO ON A PUBLIC
WORKS PROJECT ARE PRETTY CLEAR.
BUT REMEMBER, THESE ARE SUB
CONTRACTORS. SUBCONTRACTORS THEN
ARE ACTUALLY BEING ARE ACTUALLY
BEING CONTRACTED TO BUY THE
GENERAL CONTRACTORS. MR GOVERNOR
POINTED OUT AND THE GENERAL
CONTRACTOR AND THE PROJECT DONOR
. THEY MEET AT THE BEGINNING OF
THE PROJECT. THEY HAVE PRE
PROJECT MEETINGS AND THEY GO
OVER THESE. YOU KNOW THE PROCESS
BY WHICH CERTIFIED PAYROLLS WILL
BE FILED. IT'S NOT IT REALLY
ISN'T ROCKET SCIENCE, AND SO
IT'S PRETTY EASY TO COMPLY IN MY
OPINION. I APPRECIATE THE FACT
THAT, UM I THINK THERE WERE
VALID, VALID POINTS THAT WERE
BROUGHT UP AS MY COLLEAGUE IS
INDICATED, BUT I SINCERELY
APPRECIATE THAT. THESE ARE
ISSUES THAT YOU ALL ARE THINKING
OF NOW AND TRYING TO FIND THE
VERY SOLUTIONS FOR THEM. IT'S
EVEN BY HEARING THE OPPOSITION.
IT SOUNDS AS THOUGH EVERYBODY IS
IN AGREEMENT. THIS IS A UNION
JOB THAT'S BEING DONE. THEY
SHOULD UNION WAGES SHOULD BE
PAID FIGURE OUT THE WAY THE
LOGISTICS OF IT. SO UM, I
APPRECIATE ALL OF THAT. THANK
YOU. SOMETHING, RICHARD. THANK
YOU, MR CHAIR. YOU KNOW, I THINK
THIS IS A REALLY GOOD BILL. I
ALSO HAVE SOME KIND OF CONCERNS
THAT THE OPPOSITION DOES HAVE
AND I'M REALLY UNSATISFYING
MENTAL HABIT TO KNOW THAT YOU
GUYS ARE WORKING TOGETHER. I DO
HAVE SOME QUESTIONS AND AS A
GOVERNOR THAT HOPEFULLY YOU CAN
HELP ANSWER SO WHEN IT GOES TO A
SUBCONTRACTOR, HOW IS IT
MONITORED? THAT SUBCONTRACT WILL
CONTINUE TO PAYING PREVAILING
WAGE AND THE OTHER QUESTION IS
I'VE HEARD THAT THERE'S GOING TO
BE SOME ISSUES IN TERMS OF
PAYROLL. HOW ARE WE GOING TO
MAKE SURE THAT PAYROLL IS BEING
CALCULATED? IT IS BEING AUDITED
IN TO MAKE SURE THAT IS ALL THE
UP AND UP AND THAT IT IT FALLS
PREVAILING WAGE. CERTAINLY SO,
UM, SUBCONTRACTORS ARE OBLIGATED
TO PROVIDE CERTIFIED PAYROLL TO
GENERAL CONTRACTORS. NOW THERE
ARE SOME FAB SHOPS THAT ARE NOT
CONTRACTORS. THEY ARE STRICTLY
FAB SHOPS SO THEY AREN'T USED TO
CERTIFIED PAYROLL. SO OUR
OBLIGATION IS THEN TO REVIEW
THAT PAYROLL. UM AND MATCHED UP
AGAINST TIMECARDS DETERMINE IF
IT'S ACCURATE, NOW AGAIN FOR
WORK THAT IS DONE. OFF SITE IN A
FACTORY SETTING THAT IS MORE
CHALLENGING BECAUSE WE DON'T
HAVE ACCESS. I MEAN, THOSE
WORKERS COULD BE DOING ANY
NUMBER OF THINGS IN A LOCATION
WHICH WERE NOT A PARTY TO. SO
THAT IS A PROBLEM. OF COURSE, MR
WEBB SAID, DON'T BUY SOMETHING
FROM OUT OF STATE OR COUNTRY.
BUT CALIFORNIA HAS NO REACH INTO
THOSE PLACES. SO WERE SOMEONE TO
DO THAT, AND I ASSURE YOU THERE
WILL BE A MARKET THERE. THERE'S
NOTHING WE CAN DO. AND IF YOU
WANT TO HOLD THE GENERAL
CONTRACTOR LIABLE UNDER THAT
SCENARIO, UM I SUSPECT THERE'LL
BE A DORMANT COMMERCE CLAUSE
ACTION. BECAUSE WE PREVENTING
THOSE PRODUCTS FROM COMING INTO
THE STATE NOW, ULTIMATELY, THAT
WILL BE DECIDED IN COURT. BUT
AGAIN, WE CAN'T MAKE THEM DO
CERTIFIED PERIL AND OTHER STATES
SO TRUE IF I'M MAD LIKE TO HEAR
SURE. I THINK IT'S IMPORTANT FOR
THE MEMBERS TO NOTE THAT NOBODY
FORCES A GENERAL AIR B
CONTRACTOR TO DECIDE TO
SUBCONTRACT. THAT'S THEIR
DECISION AS A BUSINESS. THAT'S
WHY THEY HAVE JOINT AND
LIABILITY IS BECAUSE IF THEY
SELECT THEY DECIDED TO
SUBCONTRACT OUR WORK, AND THEY
HIRE THAT SUBCONTRACTOR AND THAT
SUBCONTRACTOR OF YOU KNOW, UH,
DOES WAGE THEFT. OR ABSCONDS AND
DOESN'T PAY THEIR WORKERS OR,
YOU KNOW, HAS VIOLATIONS THAT
COMES BACK TO THE GENERAL
CONTRACTOR BECAUSE THEY ARE THE
ONES THAT HIGHER THE
SUBCONTRACTOR. YEAH. AND SO ANY
OTHER QUESTIONS OR COMMENTS. UM
I WOULD JUST SAY FIRST OF ALL,
THANK YOU, UM TO BOTH PARTIES
FOR THE WILLINGNESS AND THE
AUTHOR OF THE WILLINGNESS TO
DEAL WITH SOME OF THOSE ISSUES
REGARDING TIMELINE, AND THEY CAN
ADD SOME COMPLEXITY THERE, SO I
THINK THAT THERE SEEMS TO BE
SOME GENERAL MEETING OF THE
MINDS THAT THAT NEEDS TO BE
WORKED OUT. AND SO I APPRECIATE
THAT FROM FROM ALL SIDES. I ALSO
YOU KNOW WHAT I WOULD SAY THAT
LOOK, YOU KNOW THESE ARE PUBLIC
WORKS PROJECTS. I GET THAT IT
HAS A LEVEL OF COMPLEXITY IN
TERMS OF PAYROLL. BUT THIS IS
NOT A NOVEL ISSUE. THERE ARE
PLENTY OF CONTRACTORS. PLENTY OF
SUBCONTRACTORS ARE VERY
ACCUSTOMED TO HAVING WORKERS GO
ON MULTIPLE JOB SITES DURING THE
COURSE OF THE WEEK. UM AND
THAT'S SOMETHING THAT SOME OF
THE FABRICATORS NOW HAVE TO GET
UP TO SPEED ON AND GET A COSTUME
AND GETTING OTHERS 1000 SOFTWARE
PROGRAMS OUT THERE THAT THAT
HELP WITH HR AND PAYROLL TO
ALLOW FOR THAT, AND ALSO SAY,
KIND OF ADD ON TO WHAT MR
WAITRESSING THERE'S NO ONE. NO
ONE IS FORCING GENERAL
CONTRACTOR TO COMPETE FOR PUBLIC
WORKS JOB. THERE'S A THERE'S A
CERTAIN LEVEL OF RESPONSIBILITY
, I THINK AND IN TERMS OF THE
COMPLEXITY VERSUS THE PUBLIC
POLICY, THE PUBLIC POLICY I
THINK IS IMPORTANT ENOUGH TO
ENSURE THAT THOSE ARE GETTING
PUBLIC DOLLARS ARE BEING
COMPENSATED IN A MANNER THAT WE
EXPECT WHEN THOSE CONTRACTS ARE
BID AND ULTIMATELY AWARDED. I
ALSO AGREE WITH MR STOKER THAT
THESE TECHNOLOGIES ARE A GOOD
THING. THEY CAN'T ADD EFFICIENCY
THAT CAN MAKE JOBS MOVE MORE
QUICKLY. THAT'S ALL. I THINK
EVERYONE AGREES THAT THAT IS
GOOD, BUT THE SAME TIME WE DON'T
WANT TO ALSO ALLOW FOR THAT EASY
TECHNOLOGY TO SKIRT AROUND THE
PAVILION, WAGE LAWS AND RULES.
SO FOR THAT REASON I ABSOLUTELY
SUPPORT THE BILL, AND IT DOES
HAVE Dð PASTOR APPROACH
RECOMMENDATION FROM THE
COMMITTEE LIKE TO BE ADDED ON AS
A CO AUTHOR. IF IT'S OKAY WITH
THE SENATOR AND SENATOR WOULD
YOU LIKE TO CLOSE YES, WELL,
CHAIRMAN. YOU YOU HAVE MY
CLOSING REMARKS. I COMPLETELY
CONCUR WITH WHAT WAS SAID HAVING
COME OUT OF THE NONPROFIT SPACE
IN OTHER COMMITTEES. I'VE SHARED
TRACKING PAYROLL, DEPENDING ON
THE FUNDING SOURCES, A PART OF
DOING BUSINESS EVEN FOR A SMALL
NONPROFIT, WHERE I HAD FIVE
EMPLOYEES. WE HAD TO DO THAT
KIND OF PAYROLL TRACKING IN THIS
IS THE STATE OF CALIFORNIA'S
MONEY, AND WE WANT TO MAKE SURE
THAT WHERE WE ARE INVESTING IN
PROJECTS THAT WE ARE ENSURING
THAT ARE VERY STRONG AND
IMPORTANT LABOR LAWS ARE
RESPECTED AND PARTICULARLY
PREVAILING WAGE, SO I AM SO
HONORED TO BE CARRYING THIS BILL
. AND NOW I JUST ASKED FOR YOUR
I VOTE ON THIS. THANK YOU. THANK
YOU. MADAM SECRETARY, WE TAKE
THE ROLE PLEASE ON THE VOTE FOR
SB 8 30. MOTION IS DUE PASS TO
APPROPRIATIONS. CHOLERA, CHOLERA
I FLORA. FLORA I CHEN. CHEN I
HANEY ORTEGA. ORTEGA I RAISE
RAISE I AWARD. SHE WAS THAT BILL
IS OUT. THANK YOU, SENATOR
SMALLWOOD CUEVAS FILE. ORDER UP.
NEXT HAS FILED ITEMS. SEVEN,
SENATOR BRADFORD. SB 700. THE
MOTION AND A SECOND RESPECTED
LAST YEAR I VOTE. THANK YOU,
SENATOR BRADFORD. IS THERE
ANYONE HERE IN SUPPORT? OF SP
700 PAMELA LOPEZ ON BEHALF OF
CALIFORNIA. NORMAL UM EMPLOYEES
DO NOT BELONG TO THEIR
EMPLOYERS. WHEN THEY'RE NOT AT
WORK. IT'S IMPORTANT TO PROTECT
THEIR RIGHTS TO NOT BE
QUESTIONED ABOUT LEGAL
BEHAVIORS, WHICH THEY HAVE
ENGAGED IN IN THE PAST.
RESPECTFULLY THANK THE SENATOR
FOR THIS BILL AND ASK FOR YOUR
SUPPORT. THANK YOU SO MUCH.
ANYONE ELSE HERE IN SUPPORT OF
SB 700? MARIKA YOSHIHARA ON
BEHALF OF THE CALIFORNIA
EMPLOYMENT LAWYERS, ASSOCIATION
AND SUPPORT THANK YOU ANYONE
ELSE? ANYONE HERE IN OPPOSITION
TO SB 700? ALRIGHT WE HAVE A
MOTION ANY COMMENT QUESTIONS
FROM THE COMMITTEE. THANK YOU SO
MUCH. SENATOR WOULD YOU LIKE TO
CLOSE THE BILLS JUST SIMPLY
REINFORCES A V 21 88 THAT WAS
PASSED LAST YEAR. THAT MAKES
SURE THAT EMPLOYER TRAVELER
RIGHT TO CONSUME OR DO WHATEVER
THEY WANT IN THEIR PRIVATE AND
IT'S NOT HELD AGAINST HIM AND
EMPLOYMENT PROCESS HIRING OR
ADVANCEMENT TO THE COMPANY. AND
I RESPECT THE OFFICER. I VOTE.
THANK YOU VERY MUCH. THANK YOU
SO MUCH SENATOR FOR BRINGING
THIS FORWARD. MADAM SECRETARY.
WE HAVE A ROLL CALL VOTE ON SB
700 PLEASE MOTION IS DUE PASS TO
JUDICIARY COMMITTEE. CHOLERA
HIÂU I FLORA FLORA I CHEN CHEN I
HANEY ORTEGA. ORTEGA REYES.
REYES AWARD AWARD. I THANK YOU,
SENATOR. GUYS. ALRIGHT OKAY.
ITEM EIGHT SP 27 DURAZO. WE HAVE
A MOTION IN A SECOND. HI. HI.
OKAY HERE'S MY BILL. NOW YOU
VOTE. NO OKAY, THAT'S HOW YOU
WANT TO. WE ARE MORE THAN HAPPY.
YEAH. WELL I'LL JUST SAY A
COUPLE OF WORDS. OKAY? OKAY, UM
SO AS WE 27 THANK YOU ALL, UH,
GREAT TO SEE YOU AGAIN, UH,
CREATES ABILITY FOR EMPLOYEES TO
RECOVER THEIR MP EARNED BUT
UNPAID WAGES, AND THIS IS WITH
REGARDS TO èC SERVICE CONTRACTS
, WHICH THEY'RE ABOUT 500.
BASICALLY THE BILL REQUIRES
VENDORS TO SUPPLY YOU SEE, AND
THE JOINT LABOR MANAGEMENT
COMMITTEE THE BASIC PAYROLL
INFORMATION. UM AND ANY AUDITS
THAT COME AH, FROM THE ABIDING
BY èC POLICY. AH THE èC POLICY
I'M TALKING ABOUT IS AN EQUAL
PAY FOR EQUAL WORK POLICY. IT
REQUIRES ANY VENDOR AND AGAIN I
SAID THERE ARE 500 SERVICE
CONTRACTS, SO REQUIRES THOSE
VENDOR COMPANIES PAY THEIR
COMPANY EMPLOYEES THE WAGES AND
BENEFITS EQUAL TO WHAT YOU SEE
PAYS. THIS IS ALREADY THE POLICY
. THIS IS ALREADY WHAT THEY DO.
BUT UNFORTUNATELY, IT HASN'T
BEEN, UM, ENFORCE THE WAY THAT
IT SHOULD. UM, THIS BILL HAS, UM
PASTOR, TWO SENATE COMMITTEES. I
ACCEPTED 16 AMENDMENTS THAT YOU
SEE REQUESTED, AND ALL IT DOES
IS SIMPLY ALLOW èC WORKER UM UH
AND A VENDOR WORKER OR ON BEHALF
OF THE VENDOR WORKER, UH, TO
STAND UP WITH THEM AND MAKE SURE
THAT THE MONEY IS PAID UNDER
THIS èC POLICY. YOU SEE, CANNOT
GET SUED. UNDER THIS LEGISLATION
YOU SEE, WILL NOT BE LIABLE FOR
UNPAID WAGES, YOU SEE, WILL
CONTINUE TO BE ABLE TO OUTSOURCE
UNDER SB 27. AND WITH ME TODAY,
UH, IS MONICA DE LEON WITH ASKED
ME 30 TO 99. THANK YOU. THANK
YOU. THANK YOU, SENATOR. GOOD
AFTERNOON, EVERYONE. MY NAME IS
MONICA DELEON AND THE STATEWIDE
TREASURER FOR APPS MEET 30 TO 99
AND A 17 YEAR EMPLOYEE OF THE
UNIVERSITY OF CALIFORNIA AT THE
MEDICAL CENTER IN SUPPORT OF SB
27. I'M HERE ON BEHALF OF
SERVICE WORKERS CLEANING TOILETS
, CUTTING GRAPH PICKING UP TRASH
, COOKING FOOD AND CLEANING
HOSPITAL BEDPANS, HELPING TO
MAKE YOU SEE ONE OF OUR GREATEST
PUBLIC INSTITUTIONS RUN AND
SUCCEED. I AM ADVOCATING FOR
WORKERS WHO HAVE NO PROTECTION
IF THEY WERE TO SPEAK OUT TODAY
IN FEAR OF RETALIATION, THESE
COLLEAGUES WORKED ALONGSIDE US
AT U. C BUT WHO WORKED FOR THIRD
PARTY VENDORS AND COMPANIES
DOING BUSINESS WITH THE
UNIVERSITY. THOSE WORKERS NEED
THE RECOVERY OF EARNED, BUT
UNPAID WAGES ACT BECAUSE THEY
NEED THEIR MONEY AND WE CAN HELP
THEM GET IT. YOU SEE HOW THE
POLICY TITLED EQUAL PAY FOR
EQUAL WORK? THAT MEANS FOR
SERVICE WORK BEING PERFORMED AT
THE UNIVERSITY OF CALIFORNIA BY
OUTSIDE VENDORS, THOSE WORKERS
SHOULD GET THE SAME PAY AND
BENEFITS THAT YOU SEE EMPLOYEES
LIKE ME RECEIVED. RECENTLY THE
UNIVERSITY CONCLUDED AN AUDIT TO
DETERMINE TO WHAT EXTENT ITS
VENDORS ARE ADHERING TO THAT
POLICY. èC CONTRACTS WITH
NEARLY 500 VENDOR COMPANIES.
THEY AUDIT IT JUST 64 OF THEM.
AND STILL, YOU SEE FOUND OVER
1000 VENDOR EMPLOYEES WHO HAVE
NOT BEEN PAID THE MONEY THAT
THEY ARE OWED FOR WORK ALREADY
PERFORMED IN 2020 2021, BUT
NOTHING IN THE èC POLICY OR ANY
AUDIT PROVIDES A WAY FOR A
WORKER. TO RECOVER THEIR EARNED
BUT UNPAID WAGES. THIS BILL
FIXES THAT PROBLEM. IN BASIC
TERMS. SB 27 MEANS BEING ABLE TO
GET THEIR CHILD BACKPACK FOR
SCHOOL, PUTTING GAS IN THEIR
CAR, PAYING THEIR UTILITY BILLS
OR RENT. THE BILL IS FAIR FOR
BOTH THE WORKERS AND THEIR
EMPLOYERS BEFORE HE WORKER CAN
PURSUE RECOVERY OF UNPAID WAGES
AND BENEFITS. THEIR EMPLOYER
WILL HAVE AN OPPORTUNITY TO CURE
AND CORRECT THE SHORTFALL. WE
ASKED FOR YOUR CONSIDERATION.
THANK YOU. THANK YOU. IS ANYONE
ELSE HERE IN SUPPORT OF SB 27?
JAMES MICHAEL. APOLLO WITH
ASTHMA, CALIFORNIA STRONG
SUPPORT OF THE BILL. THANK YOU.
THANK YOU. MITCH STEIGER WITH
THE CALIFORNIA LABOR FEDERATION.
ALSO IN SPORT. THANK YOU. NEVER
NEED PER YEAR ON BEHALF OF A
ALSO IN SUPPORT. THANK YOU. I'M
REALLY ROSENBERG ER WITH S E I U
AND SUPPORT. THANK YOU. ANYONE
HERE IN OPPOSITION SP 27.
MR CHAIR AND MEMBERS. THANK YOU,
MICHEL BEDARD HERE ON BEHALF OF
THE UNIVERSITY OF CALIFORNIA.
èC REMAINS OPPOSED UNLESS
AMENDED ON SP 27, SINCE ONE OF
OUR TOP ISSUES IS STILL NOT BEEN
ADDRESSED. TO BE CLEAR. YOU SEE
FULLY SUPPORTS THE WAGE OF
BENEFIT. UH PARODY POLICY THAT
WE HAVE. IT'S IN REGIONS POLICY
ADOPTED IN 2019, AND IT'S IN OUR
BARGAINING AGREEMENT WITH ASKED
ME THOSE THIRD PARTY AUDITS THAT
WERE JUST MENTIONED OF OUR
VENDORS SHOWED THAT A MAJORITY
OF SUPPLIERS WERE IN COMPLIANCE
AND ANY NONCOMPLIANCE HAS BEEN
REMEDIATED. SO YOU SEE, IT'S
ALREADY WORKING IN GOOD FAITH TO
ENFORCE THE POLICY ALREADY HAS
THE TOOLS NECESSARY TO COLLECT
AND VERIFY VENDOR PAYROLL AND TO
DRIVE REMEDIATION FOR ANY
NONCOMPLIANCE. BUT AS DRAFTED,
THE BILL ALLOWS THE VENDORS
EMPLOYEE WHO HAS NOT PAID THE
RIGHT PAID THE RIGHT RATE AT èC
LOCATION OR èC COWORKER TO
INITIATE CIVIL LITIGATION
AGAINST THE VENDOR. WE BELIEVE
THAT, UM, ALLOWING YOU SEE
EMPLOYEES TO SUE THE VENDORS IS
NOT APPROPRIATE THE RIGHT VENUE
FOR REPRESENTED STAFF. TO HAVE
RAISED ISSUES WITH THE
BARGAINING AGREEMENT IS THAT
PERV, NOT CIVIL COURT. WE ALSO
CONTINUE TO HAVE TECHNOLOGICAL
CONCERNS THAT WERE RAISED WITH
THE AUTHOR'S OFFICE FOR THE LAST
TWO YEARS ON THE PRIOR BILL, AS
WELL THAT SOME OF THE
DEFINITIONS DON'T QUITE ALIGN
WITH èC POLICY OR THE
ASSESSMENT BARGAINING AGREEMENT
. SO FOR THESE REASONS WE REMAIN
OPPOSED ON SP 27 LESS IT'S
AMENDED. THANK YOU. IS THERE
ANYONE ELSE HERE IN OPPOSITION
27. OKAY, WE'LL BRING IT BACK TO
COMMITTEE. WE HAVE A MOTION. YEP
YES, THAT'S CORRECT ANY OTHER
FURTHER COMMENT? THANK YOU.
THANK YOU, SIR DURAZO. I'M PROUD
TO BE A PRINCIPAL CO AUTHORING
THIS BILL. WOULD YOU LIKE TO
CLOSE? I JUST ASKED FOR YOU. I
WILL. THANK YOU, MADAM SECRETARY
PARTICULARLY CALL ABOUT AN SP
27. MOTION IS DUE PASS TO
APPROPRIATIONS. CHOLERA I FLORA
FLORA, NOT VOTING. CHEN CHEN,
NOT VOTING. HANEY ORTEGA. TAKE A
I RAISE. RAISE I AWARD WARD. I
YOURSELF BILL IS OUT. AND WE GO
ON TO ITEM 10. SB 8 22. BILL.
EMOTIONAL AND A SECOND. ALL
RIGHT. AND THAT YOUR BIPARTISAN
BIPARTISAN MOTION ON THE FLOOR.
THANK YOU. THANK YOU. THANK YOU,
UM. SB 8 TO 2. THIS IS ABOUT
CLIMATE JOBS FOR CALIFORNIANS.
UM AND TO MAKE SURE THAT WE TAKE
ADVANTAGE OF THIS HISTORIC
MOMENT WHERE OUR STATE IS
INVESTING IN THE BILLIONS OF
DOLLARS. THE FEDERAL
GOVERNMENT'S INVESTING IN
BILLIONS OF DOLLARS WE HAVE, AS
YOU KNOW YOUR EXPERTS HERE AND
THIS IN THIS COMMITTEE. WE HAVE
A LOT OF, UM A LOT OF
FAMILIARITY WITH PREVAILING WAGE
AND PUBLIC WORKS, JOBS, PUBLIC
INVESTMENT, BUT NOT IN NON
CONSTRUCTION INDUSTRIES. AND
THIS IS WHERE WE LACK, UH, THE
ENFORCEMENT AND THE STATUTES TO
MAKE AN IMPACT ON THOSE JOBS. SO
THIS BILL WILL ESTABLISH
AGREEMENTS BETWEEN OUR STATE
AGENCIES. UM AND THE WORKFORCE
DEVELOPMENT BOARD TO ADVANCE
PROCUREMENT CONTRACTING AND
INSTEAD OF PROGRAMS TO CREATE
THOSE QUALITY JOBS, AND WE NEED
THEM BECAUSE MOST MOST POOR
PEOPLE WORK OFTEN FULL TIME
OFTEN MORE THAN ONE JOB A THIRD
OF OUR PEOPLE IN CALIFORNIA LIVE
IN POVERTY, AND IT'S ONLY WHEN
WE DO THINGS INTENTIONALLY. AH
THAT THE WE GET THE RESULTS THAT
WE'RE LOOKING FOR. CURRENTLY
FOSSIL FUEL INDUSTRIES PAY 40%
MORE THAN UM AH THAN OUR FOSSIL
FREE JOBS, SO WE WANT TO MAKE
SURE THAT AS WE MOVE TOWARDS
CLIMATE, A MORE CLIMATE, UH,
FRIENDLY. POLICIES THAT THAT
INCLUDES WORKERS SO. I THINK
THAT'S IT. I UH, RESPECTFULLY
ASK FOR YOUR VOTE, AND I ASKED
FOR SARAH FLOCKS FROM THE
CALIFORNIA LABOR FEDERATION HERE
TO TESTIFY. THANK YOU. FIRST
WITNESS. NOT OKAY TO TAKE A WALK
ON HIS SISTER CHAIR MEMBERS.
SAME MR CHAIR, UH, SARAH FLOCKS.
CALIFORNIA LABOR FEDERATION. UM
AS THE SENATOR SAID, THERE'S
BILLIONS OF DOLLARS GOING INTO
CLIMATE JOBS, AND THEY HAVE THE
POTENTIAL TO BE GOOD JOBS. GOOD
JOBS. JUST DON'T HAPPEN. UM WE
HAVE TO MAKE THEM HAPPEN
HAPPENED. AUTOM MANUFACTURING
JOBS, AUTO JOBS, THEY'RE GOOD
BECAUSE THE ORGANIZED AND THEY
DID SIT DOWN STRIKES. WE HAVE
SOME GOOD CONSTRUCTION JOBS
BECAUSE THE TRADES HAVE FOUGHT
FOR TELUS PREVAILING WAGE. UM
AND THE LEGISLATURE HAS TAKEN
ACTION. AND SO WE NEED TO NOW
TAKE ACTION TO MAKE SURE THAT
ALL OF THESE BILLIONS OF DOLLARS
ARE CREATING GOOD UNION JOBS.
AND SO THIS BILL LAYS THE
INFRASTRUCTURE. JUST AN EXAMPLE
. UH WE SPONSORED A BILL A
COUPLE OF YEARS AGO THAT WAS
PUTTING SOME VERY SMALL LABOR
STANDARDS. UM ON INCENTIVES THAT
CARB WAS OFFERING THE AIR
RESOURCES BOARD WAS OFFERING TO
GET POOR TRUCKS TO SWITCH TO
ELECTRIC VEHICLES. AND CARB
WANTED TO BE SUPPORTIVE. THEY
WANTED TO DO THIS, BUT THEY
THREW UP THEIR HANDS AND THEY'RE
LIKE, WE DON'T KNOW ANYTHING
ABOUT LABOR STANDARDS LIKE DO WE
HAVE TO GO AND INSPECT THESE
TRUCKS? DO WE HAVE TO FIGURE OUT
IF THEY'RE MISCLASSIFYING? AND
SO THERE WAS A WILLINGNESS TO
MAKE SURE THAT THERE WERE
STANDARDS ON THE MONEY THEY WERE
GIVING OUT. BUT THEY DIDN'T HAVE
THE EXPERTISE. EVENTUALLY THEY
GOT THERE. WHEN THE BILL PASSED,
THEY ENDED UP HIRING TO LABOR
SPECIALIST BUT THIS BILL WOULD
CREATE THE INFRASTRUCTURE SO
THAT WE'RE ABLE TO MAKE SURE
STANDARDS COME WITH THE MONEY
AND AGENCIES HAVE THE SUPPORT
THAT THEY NEED. SO WE ARE VERY
PROUD TO SUPPORT THIS BILL.
URGENT. AYE. THANK YOU. ANYONE
ELSE'S SUPPORT. GOOD AFTERNOON,
MR CHAIR MEMBERS, IGNACIO
HERNANDEZ. IF YOU HAVE THE
COMMUNICATION WORKERS OF AMERICA
DISTRICT NINE IN SUPPORT, THANK
YOU. GOOD AFTERNOON, VINCENT
GREW ON BEHALF OF SHEET METAL
WORKERS, LOCAL 104 AND SUPPORT
THANK YOU. ANYONE HERE IN
OPPOSITION? BRING IT BACK TO
COMMITTEE. SOME OF THE AREAS.
THIS IS A REALLY GOOD BILL,
MAKING SURE WE HAVE EQUITY. WE
HAVE ALL THIS MONEY. WE'RE GOING
TO BE INVESTING. WE NEED A
TRAINED WORKFORCE AND WE NEED TO
PROVIDE THE OPPORTUNITIES TO
EVERYONE. AND I THINK CALIFORNIA
IS GOING TO BE BETTER BECAUSE OF
THIS, SO THANK YOU. THANK YOU.
THANK YOU. QUESTION AND COMMENTS
. YES THANK YOU. SANDRA. WE'VE
HAD CONVERSATIONS ON THIS SIDE
OF A BILL IN THE SAME ARENA. AND
I THINK THAT WHAT YOU'RE DOING
HERE IS CRITICALLY IMPORTANT.
FOR US TO MOVE IN THE DIRECTION
OF ENSURING THAT WE'RE
SUPPORTING HIGH ROAD JOBS AND WE
NEED UM, YOU KNOW, AND TO ENSURE
WE'RE LOOKING AT THE FUTURE OF
WORK IN A WAY THAT IS ACTUALLY
SUSTAINABLE AND UPLIFTING OF
WORKERS. SO, UH, WOULD YOU LIKE
TO CLOSE? THANK YOU. URGENT VOTE
. THANK YOU. THANK YOU, MADAM
SECRETARY IF WE CAN HAVE A WORLD
CALL VOTE ON SB 8 22, THE MOTION
IS DUE PASS TWO JOBS, ECONOMIC
DEVELOPMENT AND ECONOMY
COMMITTEE CHOLERA ALREADY I'VE
FLORA FLORA I CHEN CHEN I HANEY
ANY I ORTEGA ORTEGA. I RAISE
RAISE I AWARD. TOWARD I BILLS
OUT. THANK YOU MEMBERS. THANK
YOU, SENATOR. UH, OUR LAST BILL
IS FOLLOWED HIM SIX SP 6 99
CABALLERO. I BELIEVE THAT SOME
ROMANIA WILL BE PRESENTING FOR
SENATOR CABALLERO. YES. WE HAVE
A MOTION IN A SECOND. ALRIGHT
UH, THANK YOU, MR CHAIR.
REMEMBER? I'M HERE TO MEMBERS.
I'M HERE TO PRESENT SP 6 99 ON
BEHALF OF SENATOR CABALLERO,
WHICH WILL ASSIST EMPLOYEES WHO
ARE REQUIRED TO SIGN NON COMPETE
CLAUSES AS A CONDITION OF AN
EMPLOYMENT CONTRACT. NON COMPETE
CLAUSES IN EMPLOYMENT CONTRACTS
ARE EXTREMELY COMMON, WITH ONE
IN FIVE WORKERS CURRENTLY
SUBJECT TO ONE CALIFORNIA'S
ORIGINAL BAN ON RESTRAINT OF
TRADE CONTRACTS. WAS ENACTED IN
18 72, AND TODAY'S STATUTE
PROVIDES THAT CONTRACTS THAT
RESTRAINING EMPLOYEE FROM
ENGAGING IN ANY LAWFUL
PROFESSION IS VOID. OUR STATE
HAS BENEFITED SIGNIFICANTLY FROM
THIS LAW FEELING COMPETITION,
INNOVATION, JOB AND WAGE GROWTH
AND ECONOMIC DEVELOPMENT.
DESPITE THIS CABINET COMPANIES
THAT DO BUSINESS IN CALIFORNIA
ATTEMPT TO ENFORCE NON COMPETE
AGREEMENTS AGAINST CALIFORNIA
RESIDENTS. SP 6 99 WAS
STRENGTHENED EXISTING LAW BY
ESTABLISHING THAT NON COMPETE
CONTRACTS ARE AVOID, REGARDLESS
OF WHERE THE CONTRACT WAS
SIGNED. IT WOULD ALSO PROHIBIT
AN EMPLOYER FROM ENFORCING SUCH
A CONTRACT, EVEN IF EMPLOYMENT
WAS HELD OUTSIDE OF CALIFORNIA
AND ALLOW AN EMPLOYEE TO RECOVER
DAMAGES AND ATTORNEY'S FEES HERE
TO TESTIFY AND SUPPORTED. THE
BILL IS CALLED GLAD FELT THE
REPRESENTING NÚMERO VÆ LIFE
SCIENCES. THANK YOU UP TO TWO
MINUTES, PLEASE. WELL NOT PAUL,
BUT BUT BRYANT HERE? YEAH
SOMEBODY'S GOTTA FILL IN. BUT
ANYWAY, THANK YOU. COUPLE OF
COUPLE OF FILLINGS HERE. YEAH
GOOD AFTERNOON, MR CHAIR AND
MEMBERS. BRAKE LIGHT GUILTY ON
BEHALF OF MAYOR OF A LIFE
SCIENCES. SB 699 REINFORCES A
LONGSTANDING POLICY IN
CALIFORNIA AGAINST RESTRAINTS OF
TRADE, OTHERWISE KNOWN AS NON
COMPETE AGREEMENTS. CLARIFIES
THAT IT DOES NOT MATTER WHERE
NON COMPETE AGREEMENT WAS
SIGNED. IT CANNOT BE ENFORCED IN
CALIFORNIA. HAVE AN EMPLOYER
ATTEMPTS TO ENFORCE AND NON
COMPETE AGREEMENT IN CALIFORNIA.
SB 699 CONTAINS PROVISIONS FOR
AN EMPLOYEE TO SEEK INJUNCTIVE
RELIEF OR RECOVERY OF ACTUAL
DAMAGES, AND THEY ARE ALSO
ENTITLED TO RECOVER REASONABLE
ATTORNEY FEES AND COSTS. THE
BILL HAS RECEIVED ZERO NO VOTES
TO DATE, AND WE ASK FOR YOUR
SUPPORT. THANK YOU. THANK YOU.
HE ONE ELSE HERE IN SUPPORT.
RICO YOSHIHARA ON BEHALF OF THE
CALIFORNIA EMPLOYMENT LAWYERS
ASSOCIATION AND STRONG SUPPORT.
THANK YOU. ANYONE HERE IN
OPPOSITION SP 6 99. ALRIGHT
BRING IT BACK TO COMMITTEE VICE
CHAIR PREPARED TO OPPOSE THIS
BILL BECAUSE OF BRAD'S
INCREDIBLE, YOU KNOW, COMMENTS
THERE ALMOST SUPPORT IT SO WELL
DONE, PAUL. AH ANY OTHER
COMMENTS? ALRIGHT WOULD YOU LIKE
TO CLOSE SUBMARINES? WE ASK FOR
YOUR VOTE. THANK YOU. THANK YOU
, MADAM. SECRETARY FOR TAKING
ROLL CALL VOTE ON SP 699. MOTION
IS DUE PASS TO JUDICIARY
COMMITTEE. CHOLERA I II FLORA.
FLORA I CHEN. AYE. HANEY CI
ORTEGA. ORTEGA I RAISE REYES I
AWARD AWARD AWARD. THAT'S GOOD.
OKAY SO WE THAT BILL IS OUT.
THANK YOU. AND WE HAVE ONE BILL
ON CALL ITEM. FOUR SP 6 27.
HANEY HANEY I AWARD. WARD I WAS
OUT FOR ADD ONS. WE HAVE ITEM
FIVE SP 8 30. HANEY HANEY, I
WARD WARD I AND THEN WE HAVE ADD
ON FOR SP 700. PAINTING HANEY I
USB 27. PAINTING. ANY? AYE. WE
ARE ADJOURNED. GREAT WORK,
EVERYONE.