Bill Text: CA AB2095 | 2021-2022 | Regular Session | Amended
Bill Title: Employment information: worker metrics.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced - Dead) 2022-05-19 - In committee: Held under submission. [AB2095 Detail]
Download: California-2021-AB2095-Amended.html
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Amended
IN
Assembly
March 21, 2022 |
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Amended
IN
Assembly
March 10, 2022 |
CALIFORNIA LEGISLATURE—
2021–2022 REGULAR SESSION
Assembly Bill
No. 2095
| Introduced by Assembly Member Kalra |
February 14, 2022 |
An act to add Chapter 6 (commencing with Section 1415) to Part 4 of Division 2 of the Labor Code, and to amend Section 1095 of the Unemployment Insurance Code, relating to private employment.
LEGISLATIVE COUNSEL'S DIGEST
AB 2095, as amended, Kalra.
Employment information: worker metrics.
Existing law establishes within the Labor and Workforce Development Agency the Department of Industrial Relations, one of the purposes of which is to foster, promote, and develop the welfare of the wage earners of California, to improve their working conditions, and to advance their opportunities for profitable employment.
This bill would establish a program in, and administered by, the agency and would require employers with more than 1,000 employees in California, as provided, to submit various statistics regarding those employees to the agency. The bill would require the agency to develop in a prescribed manner criteria and a scoring methodology to rank employers that would qualify as an employer eligible to be certified as a high-road employer. The bill would further require the agency to collect the worker-related statistics annually and,
after collection, to assign each employer to an appropriate industry or subindustry. The bill would require the Employment Development Department to provide the agency with specified employer information to promote compliance with the program. The bill would require the agency, commencing June 30, 2024, and annually thereafter, to publish on its internet website specified worker-related statistics submitted by all employers. The bill would require that employer executive officers provided provide certain information under penalty of perjury. Because this would expand the definition of a crime, this bill would impose a state-mandated local program.
Existing law authorizes the Director of Employment Development, except as specified, to permit the use of any information in the
director’s possession to the extent necessary for certain purposes, and to require reimbursement for all direct costs incurred in providing the information.
This bill, to the extent permitted by state and federal law, would authorize the director to provide the Labor and Workforce Development Agency agency with the names and relevant tax information, deemed appropriate by the agency secretary, Secretary of Labor and Workforce Development, of each private company that employs 1,000 or more employees in California for the purpose of complying with the agency-administered program described
above.
The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.
This bill would provide that no reimbursement is required by this act for a specified reason.
Digest Key
Vote: MAJORITY Appropriation: NO Fiscal Committee: YES Local Program: YESBill Text
The people of the State of California do enact as follows:
SECTION 1.
The Legislature finds and declares as follows:(a) Establishing a data-driven program promises to incentivize exemplary behavior by businesses and help develop a new social compact for California workers, based on an inclusive vision in which everyone shares in economic growth.
(b) The creation of this program is firmly in step with the stated interests of major business organizations, including the Business Roundtable, whose CEO members in August 2019 pledged to deliver value to all stakeholders, including by “investing in our employees.” Corporate leaders from the U.S. Chamber of Commerce
and World Economic Forum have similarly vowed to create “higher-paying jobs” and workplaces that offer “all those with a stake in the firm’s value creation the opportunity to thrive and grow.”
(c) Independent studies from the Good Jobs Institute, Glassdoor, JUST Capital, and others have concluded that companies can improve their financial performance when they invest in their workers.
(d) The state will collect data only from large employers, for whom it should not be an undue burden to provide fundamental worker-related metrics on pay, hours and scheduling, prospects for internal advancement, benefits, the use of contractors, workplace safety, turnover, and equity.
(e) Workers also have a clear interest in having
access to this data and seeing how companies treat their employees according to a set of objective measures.
(f) Consumers, investors, public officials, and members of communities in which businesses operate also have an interest in having this data, as they make judgments about where to shop and where to deploy their capital.
(g) This act will help to address a central finding of the California Future of Work Commission: that the state must address the challenges of inequity, a lack of economic mobility, and low-quality work. The act accomplishes this in a simple manner: through the public dissemination of workforce information from California’s largest employers. Currently, essential worker-related information is not accessible, much less comparable across companies
and industry sectors.
(h) The goals of rewarding exemplary employers and of serving a broader public interest by mandating the disclosure of essential worker-related data can best be met by the following:
(1) Having the state collect relevant worker-related data from large employers.
(2) Making public the data of each individual company.
(3) Putting the data in context by also calculating and making public industry averages or other benchmarks.
(4) Using the data that is collected to establish and administer a program, under which qualifying companies will be entitled to certain benefits from the
state.
SEC. 2.
Chapter 6 (commencing with Section 1415) is added to Part 4 of Division 2 of the Labor Code, to read:CHAPTER 6. Uplifting Employers That Advance Job Quality Act
1415.
For purposes of this chapter:(a) “Agency” means the Labor and Workforce Development Agency.
(b) “Employer,” “company,” or “firm” means any private-sector enterprise with 1,000 or more employees in California that hires and remunerates a person for their labor or services. “Employer,” “company,” or “firm” does not mean a public agency or agency, a nonprofit corporation.
corporation, or a temporary staffing company.
(c) “Worker-related statistics” means the set of metrics specified in subdivisions (c) and (d) of Section 1416.
1416.
(a) (1) A program for the disclosure of worker-related metrics is hereby established in the Labor and Workforce Development Agency and shall be administered by the agency in accordance with this chapter. It is the intent of the Legislature to establish a certification program to provide incentives, (2) The agency shall develop criteria and a scoring methodology, utilizing only the data collected in this chapter, for the purpose of objectively ranking employers that would qualify as an employer eligible to be certified as a high-road employer and therefore entitled to the benefits of such a certification. In developing the scoring methodology, the agency shall consult with industry experts, representatives from labor, government, academia, and nonprofit organizations, and the Legislative Analyst’s Office. The agency shall convene and consult with stakeholders by June 30, 2024. The agency shall also consult with stakeholders on the development of an eligibility threshold, based on the data collected, for an employer to be a certified high-road employer.
(3) To the extent necessary, the agency may contract with an outside nonprofit organization, college, or university to help operate and maintain the program.
(b) The agency shall collect annually from employers a set of worker-related statistics, as specified in subdivision (c).
(c) On or before March 31, 2024, and annually on or before March 31 each year thereafter, an employer shall submit to the agency the following worker-related statistics covering the size of the employer’s workforce for the prior calendar year, including:
(1) Full-time workers in the United States.
(2) Part-time workers in the United States.
(3) Hourly workers in the United States.
(4) Salaried workers in the United States.
(5) Number of workers in California.
(d) In accordance with the same schedule specified in subdivision (c), an employer shall submit to the agency the following worker-related statistics covering the treatment of the company’s workforce for the prior calendar year:
(1) Pay, which shall include:
(A) Median pay for all workers in the United States.
(B) Percentage of full-time workers earning above the United States living wage.
(2) Hours, which shall include:
(A) Median weekly hours for full-time workers.
(B) Median weekly hours for part-time workers.
(3) Scheduling, which shall include:
(A) Median number of days of advance notice with which work schedules are first published for both full- and part-time workers.
(B) Median volatility in weekly hours for workers for both full- and part-time workers.
(4) Percentage of salaried managerial positions filled by internal promotion.
(5) Benefits, which shall include:
(A) Percentage of workers below the median for pay who participate in company-provided health coverage.
(B) Company contributions made to all employee retirement plans as a percentage of total payroll.
(C) Percentage of workers below the median for pay who are offered a minimum of 12 weeks of short-term disability insurance or paid medical leave.
(6) Ratio of nonsupervisory employees to engaged independent contractors and temporary workers.
(7) Safety, which shall include:
(A) Total recordable case rate of injuries and illnesses across all United States facilities.
(B) Total number of fatalities at all United States facilities.
(8) Annual turnover rate among all workers who joined the company within the past year.
(9) Equity, which shall include:
(A) Ratio of median pay for White non-Hispanic males to White non-Hispanic females, Hispanic males and females, Black males and females, Asian and Pacific Islander males and females, and Native American and Alaska Native males and females.
(B) Percentage of salaried
managerial positions held by White non-Hispanic males, White non-Hispanic females, Hispanic males and females, Black males and females, Asian and Pacific Islander males and females, and Native American and Alaska Native males and females.
(e) The agency shall publish guidelines to assist employers in providing the worker-related statistics specified in paragraphs (c) and (d), including definitions of terms and formulas for calculating the information that is required.
(f) The agency shall produce a report form that includes a section for employers to provide clarifying remarks regarding any of the information provided. All relevant clarifying information will be included as part of any public-facing disclosure. An
employer shall not be required to provide clarifying remarks.
(g) (1) An employer providing worker-related statistics pursuant to subdivisions (c) or (d) shall provide the information to the agency in an electronic format. The agency shall establish the format on or before June 30, 2023.
(2) The electronic records described in paragraph (1) shall include a statement by the chief executive of the employer provided under penalty of perjury that attests that all of the worker-related statistics being reported are true, correct, and complete to the best of the executive’s knowledge and belief.
(h) After worker-related statistics are collected, the agency shall assign each employer to an
appropriate industry or subindustry.
1417.
(a) Upon request by the agency, no later than 60 days from the date of the request, the Employment Development Department shall provide the agency with the names and addresses of all employers to which this chapter applies in order to ensure compliance with the chapter.(b) On or before June 30, 2024, and on or before June 30 of each year thereafter, the agency shall publish on its internet website all worker-related statistics submitted by all employers, except those described in paragraph (9) of subdivision (d) of Section 1416, classified by an appropriate industry or subindustry.
SEC. 3.
Section 1095 of the Unemployment Insurance Code is amended to read:1095.
The director shall permit the use of any information in the director’s possession to the extent necessary for any of the following purposes, and may require reimbursement for all direct costs incurred in providing any and all information specified in this section, except information specified in subdivisions (a) to (e), inclusive:(a) To enable the director or the director’s representative to carry out their responsibilities under this code.
(b) To properly present a claim for benefits.
(c) To acquaint a worker or their authorized agent with the worker’s existing or prospective right
to benefits.
(d) To furnish an employer or their authorized agent with information to enable the employer to fully discharge their obligations or safeguard their rights under this division or Division 3 (commencing with Section 9000).
(e) To enable an employer to receive a reduction in contribution rate.
(f) To enable federal, state, or local governmental departments or agencies, subject to federal law, to verify or determine the eligibility or entitlement of an applicant for, or a recipient of, public social services provided pursuant to Division 9 (commencing with Section 10000) of the Welfare and Institutions Code, or Part A of Subchapter IV of the federal Social Security Act (42 U.S.C. Sec. 601 et seq.),
when the verification or determination is directly connected with, and limited to, the administration of public social services.
(g) To enable county administrators of general relief or assistance, or their representatives, to determine entitlement to locally provided general relief or assistance, when the determination is directly connected with, and limited to, the administration of general relief or assistance.
(h) To enable state or local governmental departments or agencies to seek criminal, civil, or administrative remedies in connection with the unlawful application for, or receipt of, relief provided under Division 9 (commencing with Section 10000) of the Welfare and Institutions Code or to enable the collection of expenditures for medical assistance services pursuant to Part 5 (commencing
with Section 17000) of Division 9 of the Welfare and Institutions Code.
(i) To provide any law enforcement agency with the name, address, telephone number, birth date, social security number, physical description, and names and addresses of present and past employers, of any victim, suspect, missing person, potential witness, or person for whom a felony arrest warrant has been issued, when a request for this information is made by any investigator or peace officer as defined by Sections 830.1 and 830.2 of the Penal Code, or by any federal law enforcement officer to whom the Attorney General has delegated authority to enforce federal search warrants, as defined under Sections 60.2 and 60.3 of Title 28 of the Code of Federal Regulations, as amended, and when the requesting officer has been designated by the head of the law enforcement
agency and requests this information in the course of and as a part of an investigation into the commission of a crime when there is a reasonable suspicion that the crime is a felony and that the information would lead to relevant evidence. The information provided pursuant to this subdivision shall be provided to the extent permitted by federal law and regulations, and to the extent the information is available and accessible within the constraints and configurations of existing department records. Any person who receives any information under this subdivision shall make a written report of the information to the law enforcement agency that employs the person, for filing under the normal procedures of that agency.
(1) This subdivision shall not be construed to authorize the release to any law enforcement agency of a general list
identifying individuals applying for or receiving benefits.
(2) The department shall maintain records pursuant to this subdivision only for periods required under regulations or statutes enacted for the administration of its programs.
(3) This subdivision shall not be construed as limiting the information provided to law enforcement agencies to that pertaining only to applicants for, or recipients of, benefits.
(4) The department shall notify all applicants for benefits that release of confidential information from their records will not be protected should there be a felony arrest warrant issued against the applicant or in the event of an investigation by a law enforcement agency into the commission of a felony.
(j) To provide public employee retirement systems in California with information relating to the earnings of any person who has applied for or is receiving a disability income, disability allowance, or disability retirement allowance, from a public employee retirement system. The earnings information shall be released only upon written request from the governing board specifying that the person has applied for or is receiving a disability allowance or disability retirement allowance from its retirement system. The request may be made by the chief executive officer of the system or by an employee of the system so authorized and identified by name and title by the chief executive officer in writing.
(k) To enable the Division of Labor Standards Enforcement in the Department of
Industrial Relations to seek criminal, civil, or administrative remedies in connection with the failure to pay, or the unlawful payment of, wages pursuant to Chapter 1 (commencing with Section 200) of Part 1 of Division 2 of, and Chapter 1 (commencing with Section 1720) of Part 7 of Division 2 of, the Labor Code.
(l) To enable federal, state, or local governmental departments or agencies to administer child support enforcement programs under Part D of Title IV of the federal Social Security Act (42 U.S.C. Sec. 651 et seq.).
(m) To provide federal, state, or local governmental departments or agencies with wage and claim information in its possession that will assist those departments and agencies in the administration of the Victims of Crime Program or in the location of
victims of crime who, by state mandate or court order, are entitled to restitution that has been or can be recovered.
(n) To provide federal, state, or local governmental departments or agencies with information concerning any individuals who are or have been:
(1) Directed by state mandate or court order to pay restitution, fines, penalties, assessments, or fees as a result of a violation of law.
(2) Delinquent or in default on guaranteed student loans or who owe repayment of funds received through other financial assistance programs administered by those agencies. The information released by the director for the purposes of this paragraph shall not include unemployment insurance benefit information.
(o) To provide an authorized governmental agency with any and all relevant information that relates to any specific workers’ compensation insurance fraud investigation. The information shall be provided to the extent permitted by federal law and regulations. For purposes of this subdivision, “authorized governmental agency” means the district attorney of any county, the office of the Attorney General, the Contractors State License Board, the Department of Industrial Relations, and the Department of Insurance. An authorized governmental agency may disclose this information to the State Bar of California, the Medical Board of California, or any other licensing board or department whose licensee is the subject of a workers’ compensation insurance fraud investigation. This subdivision shall not prevent any authorized governmental agency from
reporting to any board or department the suspected misconduct of any licensee of that body.
(p) To enable the Director of Consumer Affairs, or the director’s representative, to access unemployment insurance quarterly wage data on a case-by-case basis to verify information on school administrators, school staff, and students provided by those schools who are being investigated for possible violations of Chapter 8 (commencing with Section 94800) of Part 59 of Division 10 of Title 3 of the Education Code.
(q) To provide employment tax information to the tax officials of Mexico, if a reciprocal agreement exists. For purposes of this subdivision, “reciprocal agreement” means a formal agreement to exchange information between national taxing officials of Mexico and taxing authorities
of the State Board of Equalization, the Franchise Tax Board, and the Employment Development Department. Furthermore, the reciprocal agreement shall be limited to the exchange of information that is essential for tax administration purposes only. Taxing authorities of the State of California shall be granted tax information only on California residents. Taxing authorities of Mexico shall be granted tax information only on Mexican nationals.
(r) To enable city and county planning agencies to develop economic forecasts for planning purposes. The information shall be limited to businesses within the jurisdiction of the city or county whose planning agency is requesting the information, and shall not include information regarding individual employees.
(s) To provide the State
Department of Developmental Services with wage and employer information that will assist in the collection of moneys owed by the recipient, parent, or any other legally liable individual for services and supports provided pursuant to Chapter 9 (commencing with Section 4775) of Division 4.5 of, and Chapter 2 (commencing with Section 7200) and Chapter 3 (commencing with Section 7500) of Division 7 of, the Welfare and Institutions Code.
(t) To provide the State Board of Equalization with employment tax information that will assist in the administration of tax programs. The information shall be limited to the exchange of employment tax information essential for tax administration purposes to the extent permitted by federal law and regulations.
(u) This section shall not be construed
to authorize or permit the use of information obtained in the administration of this code by any private collection agency.
(v) The disclosure of the name and address of an individual or business entity that was issued an assessment that included penalties under Section 1128 or 1128.1 shall not be in violation of Section 1094 if the assessment is final. The disclosure may also include any of the following:
(1) The total amount of the assessment.
(2) The amount of the penalty imposed under Section 1128 or 1128.1 that is included in the assessment.
(3) The facts that resulted in the charging of the penalty under Section 1128 or 1128.1.
(w) To enable the Contractors State License Board to verify the employment history of an individual applying for licensure pursuant to Section 7068 of the Business and Professions Code.
(x) To provide any peace officer with the Division of Investigation in the Department of Consumer Affairs information pursuant to subdivision (i) when the requesting peace officer has been designated by the chief of the Division of Investigation and requests this information in the course of and as part of an investigation into the commission of a crime or other unlawful act when there is reasonable suspicion to believe that the crime or act may be connected to the information requested and would lead to relevant information regarding the crime or unlawful act.
(y) To enable the Labor Commissioner of the Division of Labor Standards Enforcement in the Department of Industrial Relations to identify, pursuant to Section 90.3 of the Labor Code, unlawfully uninsured employers. The information shall be provided to the extent permitted by federal law and regulations.
(z) To enable the Chancellor of the California Community Colleges, in accordance with the requirements of Section 84754.5 of the Education Code, to obtain quarterly wage data, commencing January 1, 1993, on students who have attended one or more community colleges, to assess the impact of education on the employment and earnings of students, to conduct the annual evaluation of district-level and individual college performance in achieving priority educational outcomes, and to submit the required reports to the Legislature and the
Governor. The information shall be provided to the extent permitted by federal statutes and regulations.
(aa) To enable the Public Employees’ Retirement System to seek criminal, civil, or administrative remedies in connection with the unlawful application for, or receipt of, benefits provided under Part 3 (commencing with Section 20000) of Division 5 of Title 2 of the Government Code.
(ab) To enable the State Department of Education, the University of California, the California State University, and the Chancellor of the California Community Colleges, pursuant to the requirements prescribed by the federal American Recovery and Reinvestment Act of 2009 (Public Law 111-5), to obtain quarterly wage data, commencing July 1, 2010, on students who have attended their
respective systems to assess the impact of education on the employment and earnings of those students, to conduct the annual analysis of district-level and individual district or postsecondary education system performance in achieving priority educational outcomes, and to submit the required reports to the Legislature and the Governor. The information shall be provided to the extent permitted by federal statutes and regulations.
(ac) To provide the Agricultural Labor Relations Board with employee, wage, and employer information, for use in the
investigation or enforcement of the Alatorre-Zenovich-Dunlap-Berman Agricultural Labor Relations Act of 1975 (Part 3.5 (commencing with Section 1140) of Division 2 of the Labor Code). The information shall be provided to the extent permitted by federal statutes and regulations.
(ad) (1) To enable the State Department of Health Care Services, the California Health Benefit Exchange, the Managed Risk Medical Insurance Board, and county departments and agencies to obtain information regarding employee wages, California employer names and account numbers, employer reports of wages and number of employees, and disability insurance and unemployment insurance claim information, for the purpose of:
(A) Verifying or determining the eligibility of an
applicant for, or a recipient of, state health subsidy programs, limited to the Medi-Cal program provided pursuant to Chapter 7 (commencing with Section 14000) of Part 3 of Division 9 of the Welfare and Institutions Code, and the Medi-Cal Access Program provided pursuant to Chapter 2 (commencing with Section 15810) of Part 3.3 of Division 9 of the Welfare and Institutions Code, when the verification or determination is directly connected with, and limited to, the administration of the state health subsidy programs referenced in this subparagraph.
(B) Verifying or determining the eligibility of an applicant for, or a recipient of, federal subsidies offered through the California Health Benefit Exchange, provided pursuant to Title 22 (commencing with Section 100500) of the Government Code, including federal tax credits and cost-sharing
assistance pursuant to the federal Patient Protection and Affordable Care Act (Public Law 111-148), as amended by the federal Health Care and Education Reconciliation Act of 2010 (Public Law 111-152), when the verification or determination is directly connected with, and limited to, the administration of the California Health Benefit Exchange.
(C) Verifying or determining the eligibility of employees and employers for health coverage through the Small Business Health Options Program, provided pursuant to Section 100502 of the Government Code, when the verification or determination is directly connected with, and limited to, the administration of the Small Business Health Options Program.
(2) The information provided under this subdivision shall be subject to the
requirements of, and provided to the extent permitted by, federal law and regulations, including Part 603 of Title 20 of the Code of Federal Regulations.
(ae) To provide any peace officer with the Investigations Division of the Department of Motor Vehicles with information
pursuant to subdivision (i), when the requesting peace officer has been designated by the Chief of the Investigations Division and requests this information in the course of, and as part of, an investigation into identity theft, counterfeiting, document fraud, or consumer fraud, and there is reasonable suspicion that the crime is a felony and that the information would lead to relevant evidence regarding the identity theft, counterfeiting, document fraud, or consumer fraud. The information provided pursuant to this subdivision shall be provided to the extent permitted by federal law and regulations, and to the extent the information is available and accessible within the constraints and configurations of existing department records. Any person who receives any information under this subdivision shall make a written report of the information to the Investigations Division of the Department
of Motor Vehicles, for filing under the normal procedures of that division.
(af) Until January 1, 2020, to enable the Department of Finance to prepare and submit the report required by Section 13084 of the Government Code that identifies all employers in California that employ 100 or more employees who receive benefits from the Medi-Cal program (Chapter 7 (commencing with Section 14000) of Part 3 of Division 9 of the Welfare and Institutions Code). The information used for this purpose shall be limited to information obtained pursuant to Section 11026.5 of the Welfare and Institutions Code and from the administration of personal income tax wage withholding pursuant to Division 6 (commencing with Section 13000) and the disability insurance program and may be disclosed to the Department of Finance only for the purpose of preparing
and submitting the report and only to the extent not prohibited by federal law.
(ag) To provide, to the extent permitted by federal law and regulations, the Student Aid Commission with wage information in order to verify the employment status of an individual applying for a Cal Grant C award pursuant to subdivision (c) of Section 69439 of the Education Code.
(ah) To enable the Department of Corrections and Rehabilitation to obtain quarterly wage data of former inmates who have been incarcerated within the prison system in order to assess the impact of rehabilitation services or the lack of these services on the employment and earnings of these former inmates. Quarterly data for a former inmate’s employment status and wage history shall be provided for a period of one year, three
years, and five years following release. The data shall only be used for the purpose of tracking outcomes for former inmates in order to assess the effectiveness of rehabilitation strategies on the wages and employment histories of those formerly incarcerated. The information shall be provided to the department to the extent not prohibited by federal law.
(ai) To enable federal, state, or local government departments or agencies, or their contracted agencies, subject to federal law, including the confidentiality, disclosure, and other requirements set forth in Part 603 of Title 20 of the Code of Federal Regulations, to evaluate, research, or forecast the effectiveness of public social services programs administered pursuant to Division 9 (commencing with Section 10000) of the Welfare and Institutions Code, or Part A of Subchapter IV
of Chapter 7 of the federal Social Security Act (42 U.S.C. Sec. 601 et seq.), when the evaluation, research, or forecast is directly connected with, and limited to, the administration of the public social services programs.
(aj) (1) To enable the California Workforce Development Board, the Chancellor of the California Community Colleges, the Superintendent of Public Instruction, the Department of Rehabilitation, the State Department of Social Services, the Bureau for Private Postsecondary Education, the Department of Industrial Relations, the Division of Apprenticeship Standards, the Department of Corrections and Rehabilitation, the Prison Industry Authority, the Employment Training Panel, and a chief elected official, as that term is defined in Section 3102(9) of Title 29 of the United States Code, to access any
relevant quarterly wage data necessary for the evaluation and reporting of their respective program performance outcomes as required and permitted by various local, state, and federal laws pertaining to performance measurement and program evaluation, including responsibilities arising under Sections 14013, 14033, and 14042 of this code and Sections 2032 and 2038 of the Streets and Highways Code; the federal Workforce Innovation and Opportunity Act (Public Law 113-128); the workforce metrics dashboard pursuant to paragraph (1) of subdivision (i) of Section 14013; the Adult Education Block Grant Program consortia performance metrics pursuant to Section 84920 of the Education Code; the economic and workforce development program performance measures pursuant to Section 88650 of the Education Code; and the California Community Colleges Economic and Workforce Development Program performance measures
established in Part 52.5 (commencing with Section 88600) of Division 7 of Title 3 of the Education Code. Disclosures under this subdivision shall comply with federal and state privacy laws that require the informed consent from program participants of city and county departments or agencies that administer public workforce development programs for the evaluation, research, or forecast of their programs regardless of local, state, or federal funding source.
(2) The department shall do all of the following:
(A) Consistent with this subdivision, develop the minimum requirements for granting a request for disclosure of information authorized by this subdivision regardless of local, state, or federal funding source.
(B) Develop a standard application for submitting a request for disclosure of information authorized by this subdivision.
(C) Approve or deny a request for disclosure of information authorized by this subdivision, or request additional information, within 20 business days of receiving the standard application. The entity submitting the application shall respond to any request by the department for additional information within 20 business days of receipt of the department’s request. Within 30 calendar days of receiving any additional information, the department shall provide a final approval or denial of the request for disclosure of information authorized by this subdivision. Any approval, denial, or request for additional information shall be in writing. Denials shall identify the reason or category of reasons for the denial.
(D) Make publicly available on the department’s internet website all of the following:
(i) The minimum requirements for granting a request for disclosure of information authorized by this subdivision, as developed pursuant to subparagraph (A).
(ii) The standard application developed pursuant to subparagraph (B).
(iii) The timeframe for information request determinations by the department, as specified in subparagraph (C).
(iv) Contact information for assistance with requests for disclosures of information authorized by this subdivision.
(v) Any denials for requests of disclosure of information authorized by this subdivision, including the reason or category of reasons for the denial.
(ak) (1) To provide any peace officer with the Enforcement Branch of the Department of Insurance with both of the following:
(A) Information provided pursuant to subdivision (i) that relates to a specific insurance fraud investigation involving automobile insurance fraud, life insurance and annuity fraud, property and casualty insurance fraud, and organized automobile insurance fraud. That information shall be provided when the requesting peace officer has been designated by the Chief of the Fraud Division of the Department of Insurance and requests the information in the course of, and as part of, an
investigation into the commission of a crime or other unlawful act when there is reasonable suspicion to believe that the crime or act may be connected to the information requested and would lead to relevant information regarding the crime or unlawful act.
(B) Employee, wage, employer, and state disability insurance claim information that relates to a specific insurance fraud investigation involving health or disability insurance fraud when the requesting peace officer has been designated by the Chief of the Fraud Division of the Department of Insurance and requests the information in the course of, and as part of, an investigation into the commission of a crime or other unlawful act when there is reasonable suspicion to believe that the crime or act may be connected to the information requested and would lead to relevant information
regarding the crime or unlawful act.
(2) To enable the State Department of Developmental Services to obtain quarterly wage data of consumers served by that department for the purposes of monitoring and evaluating employment outcomes to determine the effectiveness of the Employment First Policy, established pursuant to Section 4869 of the Welfare and Institutions Code.
(3) The information provided pursuant to this subdivision shall be provided to the extent permitted by federal statutes and regulations.
(al) To provide the CalSavers Retirement Savings Board with employer tax information for use in the administration of, and to facilitate compliance with, the CalSavers Retirement Savings Trust Act (Title 21
(commencing with Section 100000) of the Government Code). The information should be limited to the tax information the director deems appropriate, and shall be provided to the extent permitted by federal laws and regulations.
(am) (1) To enable the Joint Enforcement Strike Force as established by Section 329, and the Labor Enforcement Task Force, as established pursuant to Assembly Bill 1464 of the 2011–12 Regular Session (Chapter 21 of the Statutes of 2012), to carry out their duties.
(2) To provide an agency listed in subdivision (a) of Section 329 intelligence, data, including confidential tax and fee information, documents, information, complaints, or lead referrals pursuant to Section 15925 of the Government Code.
(an) To enable the Bureau for Private Postsecondary Education to access and use any relevant quarterly wage data necessary to perform the labor market outcome reporting data match pursuant to Section 94892.6 of the Education Code. The information provided pursuant to this subdivision shall be provided to the extent permitted by state and federal laws and regulations.
(ao) To enable the Department of Fair Employment and Housing to carry out its duties, including ensuring compliance with Section 12999 of the Government Code. Conduct related to information provided pursuant to this subdivision shall not be subject to the criminal sanctions set forth in subdivision (f) of Section 1094.
(ap) To enable the Cradle-to-Career Data System, as established by Article 2 (commencing with
Section 10860) of Chapter 8.5 of Part 7 of Division 1 of Title 1 of the Education Code, to receive employment and earnings data and, as required of the director pursuant to Section 10871 of the Education Code, to provide
information to the data system, to the extent permissible by federal laws and regulations.
(aq) (1) To enable the State Air Resources Board to receive unpaid final tax assessment information issued to a port drayage motor carrier or short-haul trucking service for misclassification of a commercial driver, for use in the administration of, and to facilitate compliance with, Chapter 3.6 (commencing with Section 39680) of Part 2 of Division 26 of the Health and Safety Code. The information shall be limited to the tax information the director deems appropriate for disclosure and shall be provided only to the extent permitted by federal laws and regulations.
(2) For purposes of this subdivision, the following definitions apply:
(A) “Commercial driver” has the same meaning as defined in Section 2810.4 of the Labor Code.
(B) “Port drayage motor carrier” has the same meaning as defined in Section 2810.4 of the Labor Code.
(C) “Short-haul trucking service” has the same meaning as defined in Section 39682 of the Health and Safety Code.
(ar) To provide the Labor and Workforce Development Agency with the names and relevant tax information, deemed appropriate by the agency secretary, Secretary of Labor and Workforce Development,
including legal corporate address, of each private company that employs 1,000 or more employees in California for the purpose of complying with Chapter 6 (commencing with Section 1415) of Part 4 of Division 2 of the Labor Code. The information provided pursuant to this subdivision shall be provided to the extent permitted by state and federal laws and regulations.
