Amended  IN  Senate  July 16, 2020
Amended  IN  Assembly  May 11, 2020

CALIFORNIA LEGISLATURE— 2019–2020 REGULAR SESSION

Assembly Bill
No. 2658

Introduced by Assembly Member Burke

February 20, 2020

An act to amend Section 6311 of, and to add Section 6311.5 to, the Labor Code, relating to occupational safety and health.


LEGISLATIVE COUNSEL'S DIGEST


AB 2658, as amended, Burke. Occupational safety and health: hazards.
Existing law prohibits an employee from being laid off or discharged for refusing to perform work in violation of prescribed safety standards, where the violation would create a real and apparent hazard to the employee or fellow employees. Existing law creates a cause of action for wages for the time an employee laid off or discharged for such a refusal is without work as a result. Existing law defines the term “employment” for these and other purposes to exclude household domestic service.
This bill, notwithstanding that definition or any other provision, for purposes of the hazard provisions, would define the term “employee” to include a domestic work employee, as defined.
The bill would make it a crime for a person, after receiving notice to evacuate or leave, to willfully and knowingly direct an employee to remain in, or enter, an area closed under prescribed provisions of law due to a menace to the public health or safety. The bill would extend these provisions to also include a domestic work employee, as defined. safety, including an employee employed for household domestic service.
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.
Vote: MAJORITY   Appropriation: NO   Fiscal Committee: YES   Local Program: YES  

The people of the State of California do enact as follows:


SECTION 1.

 Section 6311 of the Labor Code is amended to read:

6311.
 No employee shall be laid off or discharged for refusing to perform work in the performance of which this code, including Section 6400, any occupational safety or health standard, or any safety order of the division or standards board will be violated, where the violation would create a real and apparent hazard to the employee or their fellow employees. Any employee who is laid off or discharged in violation of this section or is otherwise not paid because the employee refused to perform work in the performance of which this code, any occupational safety or health standard, or any safety order of the division or standards board will be violated and where the violation would create a real and apparent hazard to the employee or their fellow employees shall have a right of action for wages for the time the employee is without work as a result of the layoff or discharge. Notwithstanding Section 6303 or any other provision of law, as used in this section, “employee” includes a domestic work employee, as defined in subdivision (b) of Section 1451.

SEC. 2.

 Section 6311.5 is added to the Labor Code, to read:

6311.5.
 (a) A person who, after receiving notice to evacuate or leave, willfully and knowingly directs an employee to remain in, or enter, an area closed due to a menace to the public health or safety as set forth in Section 409.5 of the Penal Code shall be guilty of a misdemeanor.
(b) Notwithstanding Section 6303 or any other provision of law, as used in this section, “employee” includes a domestic work employee, as defined in subdivision (b) of Section 1451. 6303, Section 1451, or any other provision of law, as used in this section, “employee” includes every person who is required or directed by any employer to engage in any employment or to go to work or be at any time in any place of employment and includes a person employed for household domestic service.

SEC. 3.

 No reimbursement is required by this act pursuant to Section 6 of Article XIII B of the California Constitution because the only costs that may be incurred by a local agency or school district will be incurred because this act creates a new crime or infraction, eliminates a crime or infraction, or changes the penalty for a crime or infraction, within the meaning of Section 17556 of the Government Code, or changes the definition of a crime within the meaning of Section 6 of Article XIII B of the California Constitution.