Bill Text: CA AB2658 | 2019-2020 | Regular Session | Amended
NOTE: There are more recent revisions of this legislation. Read Latest Draft
Bill Title: Occupational safety and health: hazards.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Passed) 2020-09-29 - Chaptered by Secretary of State - Chapter 288, Statutes of 2020. [AB2658 Detail]
Download: California-2019-AB2658-Amended.html
Section 6311 of the Labor Code is amended to read: provision of law, as used in this section, “employee” includes a domestic work employee, as defined in subdivision (b) of Section 1451.
Section 6311.5 is added to the Labor Code, to read:A (1) Except as noted in paragraph (2), 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.
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.
Bill Title: Occupational safety and health: hazards.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Passed) 2020-09-29 - Chaptered by Secretary of State - Chapter 288, Statutes of 2020. [AB2658 Detail]
Download: California-2019-AB2658-Amended.html
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Amended
IN
Senate
August 20, 2020 |
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Amended
IN
Senate
July 16, 2020 |
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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 Sections 6310, 6311, and 6399.7 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, including an employee employed for household domestic service. work, except as specified. The bill would also make conforming changes.
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.
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 their employer, or his or her their
representative.
(2) Instituted or caused to be instituted any proceeding under or relating to his or her their 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, themselves, or others of any rights afforded him or her. to them.
(3) Participated in an occupational health and safety committee established pursuant to Section 6401.7.
(4) Reported a work-related fatality, injury, or illness, requested access to occupational injury or illness reports and records that are made or maintained pursuant to Subchapter 1 (commencing with Section 14000) of Chapter 1 of Division 1 of Title 8 of the California Code of Regulations, or exercised any other rights protected by the federal Occupational Safety and Health Act (29 U.S.C. Sec. 651 et seq.), except in cases where the employee alleges he or she has they have been retaliated against because he or she has
they have filed or made known his or her
their intention to file a workers’ compensation claim pursuant to Section 132a, which is under the exclusive jurisdiction of the Workers’ Compensation Appeals Board.
(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 their 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
their
employer, or his or her their representative, of unsafe working conditions, or work practices, in his or her their 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.
(e) Notwithstanding Section 6303, or any other law, the term “employee,” as used in this section, includes a domestic work employee, as defined in Section 1451.
SECTION 1. SEC. 2.
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 otherSEC. 2. SEC. 3.
Section 6311.5 is added to the Labor Code, to read:6311.5.
(a)(2) This section shall not apply to persons authorized to close an area, or to enter an area that has been
closed, pursuant to subdivision (a) or (b) of Section 409.5 of the Penal Code. This exemption includes persons listed in subdivision (d) of Section 409.5 of the Penal Code.
(b) Notwithstanding Section 6303, Section 1451, or any other provision of law,
the term “employee,” 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 shall include a person employed for household domestic service. work.
