Bill Text: CA AB1317 | 2015-2016 | Regular Session | Amended

NOTE: There are more recent revisions of this legislation. Read Latest Draft

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Bill Title: Labor Code Private Attorneys General Act of 2004.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Failed) 2016-11-30 - From Senate committee without further action. [AB1317 Detail]

Download: California-2015-AB1317-Amended.html

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BILL NUMBER: AB 1317	AMENDED
	BILL TEXT

	AMENDED IN SENATE  JUNE 16, 2016
	AMENDED IN ASSEMBLY  JUNE 1, 2015
	AMENDED IN ASSEMBLY  APRIL 23, 2015

INTRODUCED BY   Assembly Member Salas
   (Principal coauthor: Assembly Member Roger Hernández)
   (Coauthors: Assembly Members Alejo, Calderon, Dodd, Frazier,
Gomez, Gonzalez, McCarty, Rodriguez, and Weber)
   (Coauthors: Senators Anderson, Beall, Cannella, Galgiani, Hall,
Hueso, Lara, Mendoza, and Vidak)

                        FEBRUARY 27, 2015

    An act to add Article 2 (commencing with Section 92010)
to Chapter 1 of Part 57 of Division 9 of Title 3 of, the Education
Code, relating to public postsecondary education.   An
act to amend Section 2699.3 of the Labor Code, relating to
employment, and making an appropriation therefor. 


	LEGISLATIVE COUNSEL'S DIGEST


   AB 1317, as amended, Salas.  Public postsecondary
education: executive officer compensation.   Labor 
 Code Private Attorneys General Act of 2004.  
   Existing law, the Labor Code Private Attorneys General Act of
2004, authorizes an aggrieved employee to bring a civil action to
recover specified civil penalties that would otherwise be assessed
and collected by the Labor and Workforce Development Agency on behalf
of the employee and other current or former employees for the
violation of certain provisions affecting employees. The act provides
the employer with the right to cure certain violations before the
employee may bring a civil action, as specified. For other
violations, the act requires the employee to follow specified
procedures before bringing an action.  
   This bill would provide the employer with the right to cure any
violation of the Labor Code covered by the act before the employee
may bring a civil action. That right to cure would be provided
before, and in addition to, any other specified procedures the
employee is required to follow prior to bringing an action. 

   Existing law establishes the Department of Industrial Relations
within the agency and sets forth its powers and duties, including,
but not limited to, fostering, promoting, and developing the welfare
of wage earnings.  
   This bill would appropriate $1,400,000 to the department for
deposit into the Labor and Workforce Development Fund for the purpose
of establishing 9 new positions to review and investigate private
attorneys general cases under the act.  
   Existing law establishes the University of California, which is
administered by the Regents of the University of California, as one
of the segments of public postsecondary education in this state.
Existing law authorizes the regents to employ officers and other
employees.  
   This bill would request the regents to refrain from using public
funds to increase the compensation of any executive officer, as
defined, of the University of California, when the amount of
mandatory systemwide student fees and tuition of the university has
been increased at any time in the immediately preceding 2 years.

   Vote:  majority   2/3  . Appropriation:
 no   yes  . Fiscal committee: yes.
State-mandated local program: no.


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:

   SECTION 1.    Section 2699.3 of the   Labor
Code   is amended to read: 
   2699.3.  (a) A civil action by an aggrieved employee pursuant to
subdivision (a) or (f) of Section 2699 alleging a violation of any
provision listed in Section 2699.5 shall commence only after the
following requirements have been met:
   (1)  (A)    The aggrieved employee or
representative shall give written notice by certified mail to the
Labor and Workforce Development Agency and the employer of the
specific provisions of this code alleged to have been violated,
including the facts and theories to support the alleged violation.

   (B) The employer may cure the alleged violation according to the
procedures described in paragraph (2) of subdivision (c). If the
alleged violation is not cured within the 33-day period prescribed in
paragraph (2) of subdivision (c), in lieu of commencing a civil
action, the employee or representative shall notify by certified mail
the Labor and Workforce Development Agency and the employer of the
failure to cure or, if the employee disputes that the alleged
violation has been cured, the employee or representative shall
provide notice pursuant to the procedures of subparagraph (A) of
paragraph (3) of subdivision (c). 
   (2) (A) The agency shall notify the employer and the aggrieved
employee or representative by certified mail that it does not intend
to investigate the alleged violation within 30 calendar days of the
postmark date of the notice received pursuant to  subparagraph
(B) of  paragraph (1). Upon receipt of that notice or if no
notice is provided within 33 calendar days of the postmark date of
the notice given pursuant to  subparagraph (B) of  paragraph
(1), the aggrieved employee may commence a civil action pursuant to
Section 2699.
   (B) If the agency intends to investigate the alleged violation, it
shall notify the employer and the aggrieved employee or
representative by certified mail of its decision within 33 calendar
days of the postmark date of the notice received pursuant to
subparagraph (B) of  paragraph (1). Within 120 calendar days of
that decision, the agency may investigate the alleged violation and
issue any appropriate citation. If the agency determines that no
citation will be issued, it shall notify the employer and aggrieved
employee  or representative  of that decision within five
business days thereof by certified mail. Upon receipt of that notice
or if no citation is issued by the agency within  the
  that  158-day period prescribed by 
subparagraph (A) and  this subparagraph or if the agency
fails to provide timely or any notification, the aggrieved employee
may commence a civil action pursuant to Section 2699.
   (C) Notwithstanding any other provision of law, a plaintiff may as
a matter of right amend an existing complaint to add a cause of
action arising under this part at any time within 60 days of the time
periods specified in this part.
   (b) A civil action by an aggrieved employee pursuant to
subdivision (a) or (f) of Section 2699 alleging a violation of any
provision of Division 5 (commencing with Section 6300) other than
those listed in Section 2699.5 shall commence only after the
following requirements have been met:
   (1)  (A)    The aggrieved employee or
representative shall give notice by certified mail to the Division of
Occupational Safety and Health and the employer, with a copy to the
Labor and Workforce Development Agency, of the specific provisions of
Division 5 (commencing with Section 6300) alleged to have been
violated, including the facts and theories to support the alleged
violation. 
   (B) The employer may cure the alleged violation according to the
procedures described in paragraph (2) of subdivision (c). If the
alleged violation is not cured within the 33-day period prescribed in
paragraph (2) of subdivision (c), in lieu of commencing a civil
action, the employee or representative shall notify by certified mail
the Division of Occupational Safety and Health and the employer,
with a copy to the Labor and Workforce Development Agency, of the
failure to cure or, if the employee disputes that the alleged
violation has been cured, the employee or representative shall
provide notice pursuant to the procedures of subparagraph (A) of
paragraph (3) of subdivision (c). 
   (2) (A) The division shall inspect or investigate the alleged
violation pursuant to the procedures specified in Division 5
(commencing with Section 6300).
   (i) If the division issues a citation, the employee may not
commence an action pursuant to Section 2699. The division shall
notify the aggrieved employee  or representative  and
employer in writing within 14 calendar days of certifying that the
employer has corrected the violation.
   (ii) If by the end of the period for inspection or investigation
provided for in Section 6317, the division fails to issue a citation
and the aggrieved employee disputes that decision, the employee may
challenge that decision in the superior court. In such an action, the
superior court shall follow precedents of the Occupational Safety
and Health Appeals Board. If the court finds that the division should
have issued a citation and orders the division to issue a citation,
then the aggrieved employee may not commence a civil action pursuant
to Section 2699.
   (iii) A complaint in superior court alleging a violation of
Division 5 (commencing with Section 6300) other than those listed in
Section 2699.5 shall include therewith a copy of the notice
of violation   notices  provided to the division
and employer pursuant to  subparagraphs (A) and (B) of 
paragraph (1).
   (iv) The superior court shall not dismiss the action for
nonmaterial differences in facts or theories between those contained
in the  notice of violation   notices 
provided to the division and employer pursuant to  subparagraphs
(A) and (B) of  paragraph (1) and the complaint filed with the
court.
   (B) If the division fails to inspect or investigate the alleged
violation as provided by Section 6309, the  provisions of
subdivision (c) shall apply   aggrieved employee may
commence a civil action pursuant  to  the determination
of the alleged violation.   Section 2699. 
   (3) (A) Nothing in this subdivision shall be construed to alter
the authority of the division to permit long-term abatement periods
or to enter into memoranda of understanding or joint agreements with
employers in the case of long-term abatement issues.
   (B) Nothing in this subdivision shall be construed to authorize an
employee to file a notice or to commence a civil action pursuant to
Section 2699 during the period that an employer has voluntarily
entered into consultation with the division to ameliorate a condition
in that particular worksite.
   (C) An employer who has been provided notice pursuant to this
section may not then enter into consultation with the division in
order to avoid an action under this section.
   (4) The superior court shall review and approve any proposed
settlement of alleged violations of the provisions of Division 5
(commencing with Section 6300) to ensure that the settlement
provisions are at least as effective as the protections or remedies
provided by state and federal law or regulation for the alleged
violation. The provisions of the settlement relating to health and
safety laws shall be submitted to the division at the same time that
they are submitted to the court. This requirement shall be construed
to authorize and permit the division to comment on those settlement
provisions, and the court shall grant the division's commentary the
appropriate weight.
   (c) A civil action by an aggrieved employee pursuant to
subdivision (a) or (f) of Section 2699 alleging a violation of any
provision other than those listed in Section 2699.5 or Division 5
(commencing with Section 6300) shall commence only after the
following requirements have been met:
   (1) The aggrieved employee or representative shall give written
notice by certified mail to the Labor and Workforce Development
Agency and the employer of the specific provisions of this code
alleged to have been violated, including the facts and theories to
support the alleged violation.
   (2) (A) The employer may cure the alleged violation within 33
calendar days of the postmark date of the notice. The employer shall
give written notice by certified mail within that period of time to
the aggrieved employee or representative and the agency if the
alleged violation is cured, including a description of actions taken,
and no civil action pursuant to Section 2699 may commence. If the
alleged violation is not cured within the 33-day period, the employee
may commence a civil action pursuant to Section 2699.
   (B) (i) Subject to the limitation in clause (ii), no employer may
avail himself or herself of the notice and cure provisions of this
subdivision more than three times in a 12-month period for the same
violation or violations contained in the notice, regardless of the
location of the worksite.
   (ii) No employer may avail himself or herself of the notice and
cure provisions of this subdivision with respect to alleged
violations of paragraph (6) or (8) of subdivision (a) of Section 226
more than once in a 12-month period for the same violation or
violations contained in the notice, regardless of the location of the
worksite. 
   (3) (A) If the aggrieved employee disputes that the alleged
violation has been cured, the aggrieved employee or representative
shall provide written notice by certified mail, including specified
grounds to support that dispute, to the employer and the agency.
 
   (3)  If the aggrieved employee disputes that the alleged violation
has been cured, the aggrieved employee or representative shall
provide written notice by certified mail, including specified grounds
to support that dispute, to the employer and the agency. Within

    (B)     Within  17 calendar days of
the postmark date of that notice, the agency shall review the actions
taken by the employer to cure the alleged violation, and provide
written notice of its decision by certified mail to the aggrieved
employee  or representative  and the employer. The agency
may grant the employer three additional business days to cure the
alleged violation. If the agency determines that the alleged
violation has not been cured or if the agency fails to provide timely
or any notification, the employee may proceed with the civil action
pursuant to Section 2699. If the agency determines that the alleged
violation has been cured, but the employee still disagrees, the
employee may appeal that determination to the superior court.
   (d) The periods specified in this section are not counted as part
of the time limited for the commencement of the civil action to
recover penalties under this part.
   SEC. 2.    The sum of one million four hundred
thousand dollars ($1,400,000) is hereby appropriated from the General
Fund to the Department of Industrial Relations for deposit into the
Labor and Workforce Development Fund for the purpose of establishing
nine new positions at the Department of Industrial Relations to
review and investigate cases under t   he Labor Code Private
Attorneys General Act of 2004.  
  SECTION 1.    The Legislature finds and declares
all of the following:
   (a) On November 19, 2014, the Regents of the University of
California voted on a "five-year stability plan," which establishes
annual tuition and student fee increases of up to 5 percent per year
for both undergraduate and graduate students, with increase levels
contingent on state funding.
   (b) While increasing tuition costs for students, the regents also
approved compensation increases of up to 20 percent for several
chancellors and executives.
   (c) As a public institution designed to serve students, the
University of California has a responsibility to keep education
accessible and affordable and to prioritize student needs over
executive pay.
   (d) The State of California has an interest in holding the
University of California accountable and maintaining affordability in
higher education.  
  SEC. 2.    Article 2 (commencing with Section
92010) is added to Chapter 1 of Part 57 of Division 9 of Title 3 of
the Education Code, to read:

      Article 2.  Executive Compensation


   92010.  (a) The Regents of the University of California are
requested to refrain from using public funds to increase the
compensation of any executive officer when the amount of mandatory
systemwide student fees and tuition of the university has been
increased at any time in the immediately preceding two years.
   (b) As used in this section, "executive officer" includes, but is
not limited to, the President of the University of California, the
chancellor of an individual campus, a vice president of the
university, the treasurer or the assistant treasurer of the
university, the general counsel of the university, and the regents'
secretary.
   (c) Subdivision (a) shall apply only to executive officers that
enter into or renew contracts for employment with the University of
California on or after January 1, 2016.