Bill Text: CA AB1509 | 2015-2016 | Regular Session | Amended

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

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Bill Title: Employer liability.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Passed) 2015-10-11 - Chaptered by Secretary of State - Chapter 792, Statutes of 2015. [AB1509 Detail]

Download: California-2015-AB1509-Amended.html

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BILL NUMBER: AB 1509	AMENDED
	BILL TEXT

	AMENDED IN ASSEMBLY  MARCH 26, 2015

INTRODUCED BY    Committee on Labor and Employment 
 (   Assembly Members Roger Hernández
(Chair), Chu, Low, McCarty, and Thurmond   )
  Assembly Member   Roger  Hernández 

                        MARCH 4, 2015

   An act to amend  Section 6310   Sections
98.6, 1102.5, and 6310  of the Labor Code, relating to 
occupational safety and health   employment .



	LEGISLATIVE COUNSEL'S DIGEST


   AB 1509, as amended,  Committee on Labor and Employment
  Roger  Hernández  .  Occupational safety
and health:   Employees: protected disclosures and 
complaints: retaliation. 
   Existing law prohibits an employer from discharging an employee or
in any manner discriminating, retaliating, or taking any adverse
action against any employee or applicant for employment because the
employee or applicant has engaged in protected conduct, as specified.
Existing law provides that an employee who made a bona fide
complaint, and was consequently discharged or otherwise suffered an
adverse action, is entitled to reinstatement and reimbursement for
lost wages. Existing law makes it a misdemeanor for an employer to
willfully refuse to reinstate or otherwise restore an employee who is
determined by a specified procedure to be eligible for
reinstatement. Existing law subjects a person who violates these
provisions to a civil penalty of up to $10,000 per violation. 

   This bill would extend the protections of these provisions to an
employee who is a family member of a person who engaged in, or was
preceived to engage in, the protected conduct or make a complaint
protected by these provisions. This bill would define terms for the
purpose of these provisions.  
   Under existing law, it is unlawful to discharge or discriminate
against an employee for making a complaint regarding employee safety
or health, instituting or testifying in a proceeding under his or her
rights, participating in an occupational health and safety
committee, or refusing to perform work in violation of any
occupational safety or health standard or safety order. Existing law
further requires the reinstatement and reimbursement, as specified,
of an employee who was discharged or discriminated against in the
terms or conditions of his or her employment, in violation of these
provisions. Existing law makes it a misdemeanor for an employer to
willfully refuse to rehire, promote, or otherwise restore an employee
who has been determined to be eligible for rehiring or promotion, as
specified.  
   This bill would make technical, nonsubstantive changes to these
provisions. 
   Vote: majority. Appropriation: no. Fiscal committee:  no
  yes  . State-mandated local program: no.


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

   SECTION 1.    Section 98.6 of the   Labor
Code   is amended to read: 
   98.6.  (a) A person shall not discharge an employee or in any
manner discriminate, retaliate, or take any adverse action against
any employee or applicant for employment because the employee or
applicant engaged in any conduct delineated in this chapter,
including the conduct described in subdivision (k) of Section 96, and
Chapter 5 (commencing with Section 1101) of Part 3 of Division 2, or
because the employee or applicant for employment has filed a bona
fide complaint or claim or instituted or caused to be instituted any
proceeding under or relating to his or her rights that are under the
jurisdiction of the Labor Commissioner, made a written or oral
complaint that he or she is owed unpaid wages, or because the
employee has initiated any action or notice pursuant to Section 2699,
or has testified or is about to testify in a proceeding pursuant to
that section, or because of the exercise by the employee or applicant
for employment on behalf of himself, herself, or others of any
rights afforded him or her.
   (b) (1) Any employee who is discharged, threatened with discharge,
demoted, suspended, retaliated against, subjected to an adverse
action, or in any other manner discriminated against in the terms and
conditions of his or her employment because the employee engaged in
any conduct delineated in this chapter, including the conduct
described in subdivision (k) of Section 96, and Chapter 5 (commencing
with Section 1101) of Part 3 of Division 2, or because the employee
has made a bona fide complaint or claim to the division pursuant to
this part, or because the employee has initiated any action or notice
pursuant to Section 2699 shall be entitled to reinstatement and
reimbursement for lost wages and work benefits caused by those acts
of the employer.
   (2) An employer who willfully refuses to hire, promote, or
otherwise restore an employee or former employee who has been
determined to be eligible for rehiring or promotion by a grievance
procedure, arbitration, or hearing authorized by law, is guilty of a
misdemeanor.
   (3) In addition to other remedies available, an employer who
violates this section is liable for a civil penalty not exceeding ten
thousand dollars ($10,000) per employee for each violation of this
section, to be awarded to the employee or employees who suffered the
violation.
   (c) (1) Any applicant for employment who is refused employment,
who is not selected for a training program leading to employment, or
who in any other manner is discriminated against in the terms and
conditions of any offer of employment because the applicant engaged
in any conduct delineated in this chapter, including the conduct
described in subdivision (k) of Section 96, and Chapter 5 (commencing
with Section 1101) of Part 3 of Division 2, or because the applicant
has made a bona fide complaint or claim to the division pursuant to
this part, or because the employee has initiated any action or notice
pursuant to Section 2699 shall be entitled to employment and
reimbursement for lost wages and work benefits caused by the acts of
the prospective employer.
   (2) This subdivision shall not be construed to invalidate any
collective bargaining agreement that requires an applicant for a
position that is subject to the collective bargaining agreement to
sign a contract that protects either or both of the following as
specified in subparagraphs (A) and (B), nor shall this subdivision be
construed to invalidate any employer requirement of an applicant for
a position that is not subject to a collective bargaining agreement
to sign an employment contract that protects either or both of the
following:
   (A) An employer against any conduct that is actually in direct
conflict with the essential enterprise-related interests of the
employer and where breach of that contract would actually constitute
a material and substantial disruption of the employer's operation.
   (B) A firefighter against any disease that is presumed to arise in
the course and scope of employment, by limiting his or her
consumption of tobacco products on and off the job.
   (d) The provisions of this section creating new actions or
remedies that are effective on January 1, 2002, to employees or
applicants for employment do not apply to any state or local law
enforcement agency, any religious association or corporation
specified in subdivision (d) of Section 12926 of the Government Code,
except as provided in Section 12926.2 of the Government Code, or any
person described in Section 1070 of the Evidence Code. 
   (e) An employer, or a person acting on behalf of the employer,
shall not retaliate against an employee because the employee is a
family member of a person who has, or is perceived to have, engaged
in any conduct delineated in this chapter.  
   (f) For purposes of this section, "employer" or "a person acting
on behalf of the employer" includes, but is not limited to, a client
employer as defined in paragraph (1) of subdivision (a) of Section
2810.3 and an employer listed in subdivision (b) of Section 6400.

   SEC. 2.    Section 1102.5 of the   Labor
Code   is amended to read: 
   1102.5.  (a) An employer, or any person acting on behalf of the
employer, shall not make, adopt, or enforce any rule, regulation, or
policy preventing an employee from disclosing information to a
government or law enforcement agency, to a person with authority over
the employee, or to another employee who has authority to
investigate, discover, or correct the violation or noncompliance, or
from providing information to, or testifying before, any public body
conducting an investigation, hearing, or inquiry, if the employee has
reasonable cause to believe that the information discloses a
violation of state or federal statute, or a violation of or
noncompliance with a local, state, or federal rule or regulation,
regardless of whether disclosing the information is part of the
employee's job duties.
   (b) An employer, or any person acting on behalf of the employer,
shall not retaliate against an employee for disclosing information,
or because the employer believes that the employee disclosed or may
disclose information, to a government or law enforcement agency, to a
person with authority over the employee or another employee who has
the authority to investigate, discover, or correct the violation or
noncompliance, or for providing information to, or testifying before,
any public body conducting an investigation, hearing, or inquiry, if
the employee has reasonable cause to believe that the information
discloses a violation of state or federal statute, or a violation of
or noncompliance with a local, state, or federal rule or regulation,
regardless of whether disclosing the information is part of the
employee's job duties.
   (c) An employer, or any person acting on behalf of the employer,
shall not retaliate against an employee for refusing to participate
in an activity that would result in a violation of state or federal
statute, or a violation of or noncompliance with a local, state, or
federal rule or regulation.
   (d) An employer, or any person acting on behalf of the employer,
shall not retaliate against an employee for having exercised his or
her rights under subdivision (a), (b), or (c) in any former
employment.
   (e) A report made by an employee of a government agency to his or
her employer is a disclosure of information to a government or law
enforcement agency pursuant to subdivisions (a) and (b).
   (f) In addition to other penalties, an employer that is a
corporation or limited liability company is liable for a civil
penalty not exceeding ten thousand dollars ($10,000) for each
violation of this section.
   (g) This section does not apply to rules, regulations, or policies
that implement, or to actions by employers against employees who
violate, the confidentiality of the lawyer-client privilege of
Article 3 (commencing with Section 950) of, or the physician-patient
privilege of Article 6 (commencing with Section 990) of, Chapter 4 of
Division 8 of the Evidence Code, or trade secret information. 
   (h) An employer, or a person acting on behalf of the employer,
shall not retaliate against an employee because the employee is a
family member of a person who has, or is perceived to have, engaged
in any acts protected by this section.  
   (i) For purposes of this section, "employer" or "a person acting
on behalf of the employer" includes, but is not limited to, a client
employer as defined in paragraph (1) of subdivision (a) of Section
2810.3 and an employer listed in subdivision (b) of Section 6400.

   SEC. 3.    Section 6310 of the   Labor Code
  is amended to read: 
   6310.  (a) No person shall discharge or in any manner discriminate
against any employee because the employee has done any of the
following:
   (1) Made any oral or written complaint to the division, other
governmental agencies having statutory responsibility for or
assisting the division with reference to employee safety or health,
his or her employer, or his or her representative.
   (2) Instituted or caused to be instituted any proceeding under or
relating to his or her rights or has testified or is about to testify
in the proceeding or because of the exercise by the employee on
behalf of himself, herself, or others of any rights afforded him or
her.
   (3) Participated in an occupational health and safety committee
established pursuant to Section 6401.7.
   (b) Any employee who is discharged, threatened with discharge,
demoted, suspended, or in any other manner discriminated against in
the terms and conditions of employment by his or her employer because
the employee has made a bona fide oral or written complaint to the
division, other governmental agencies having statutory responsibility
for or assisting the division with reference to employee safety or
health, his or her employer, or his or her representative, of unsafe
working conditions, or work practices, in his or her employment or
place of employment, or has participated in an employer-employee
occupational health and safety committee, shall be entitled to
reinstatement and reimbursement for lost wages and work benefits
caused by the acts of the employer. Any employer who willfully
refuses to rehire, promote, or otherwise restore an employee or
former employee who has been determined to be eligible for rehiring
or promotion by a grievance procedure, arbitration, or hearing
authorized by law, is guilty of a misdemeanor. 
   (c) An employer, or a person acting on behalf of the employer,
shall not retaliate against an employee because the employee is a
family member of a person who has, or is perceived to have, engaged
in any acts protected by this section.  
   (d) For purposes of this section, "employer" or "a person acting
on behalf of the employer" includes, but is not limited to, a client
employer as defined in paragraph (1) of subdivision (a) of Section
2810.3 and an employer listed in subdivision (b) of Section 6400.
 
  SECTION 1.    Section 6310 of the Labor Code is
amended to read:
   6310.  (a) A person shall not discharge or in any manner
discriminate against any employee because the employee has done any
of the following:
   (1) Made an oral or written complaint to the division, other
governmental agencies having statutory responsibility for or
assisting the division with reference to employee safety or health,
his or her employer, or his or her representative.
   (2) Instituted or caused to be instituted a proceeding under or
relating to his or her rights or has testified or is about to testify
in the proceeding or because of the exercise by the employee on
behalf of himself, herself, or others of any rights afforded him or
her.
   (3) Participated in an occupational health and safety committee
established pursuant to Section 6401.7.
   (b) An employee who is discharged, threatened with discharge,
demoted, suspended, or in any other manner discriminated against in
the terms and conditions of employment by his or her employer because
the employee has made a bona fide oral or written complaint to the
division, other governmental agencies having statutory responsibility
for or assisting the division with reference to employee safety or
health, his or her employer, or his or her representative, of unsafe
working conditions, or work practices, in his or her employment or
place of employment, or has participated in an employer-employee
occupational health and safety committee, shall be entitled to
reinstatement and reimbursement for lost wages and work benefits
caused by the acts of the employer. An employer who willfully refuses
to rehire, promote, or otherwise restore an employee or former
employee who has been determined to be eligible for rehiring or
promotion by a grievance procedure, arbitration, or hearing
authorized by law, is guilty of a misdemeanor.