Bill Text: CA SB1116 | 2023-2024 | Regular Session | Introduced

California Senate Bill 1116

Introduced

Bill Title: Unemployment insurance: trade disputes: eligibility for benefits.

Spectrum: Partisan Bill (Democrat 2-0)

Status: (Failed) 2024-08-28 - Returned to Chief Clerk pursuant to Joint Rule 62(a). [SB1116 Detail]

Download: California-2023-SB1116-Introduced.html

CALIFORNIA LEGISLATURE— 2023–2024 REGULAR SESSION

Senate Bill

No. 1116

Introduced by Senators Portantino and Durazo

February 13, 2024

An act to amend Section 1262 of the Unemployment Insurance Code, relating to unemployment compensation, and making an appropriation therefor.

LEGISLATIVE COUNSEL'S DIGEST

SB 1116, as introduced, Portantino. Unemployment insurance: trade disputes: eligibility for benefits.

Existing law provides for the payment of unemployment compensation benefits and extended benefits to eligible individuals who meet specified requirements.

Under existing law, unemployment benefits are paid from the Unemployment Fund, which is continuously appropriated for these purposes.

Existing law makes an employee ineligible for benefits if the employee left work because of a trade dispute and specifies that the employee remains ineligible for the duration of the trade dispute. Existing case law holds that employees who left work due to a lockout by the employer, even if it was in anticipation of a trade dispute, are eligible for benefits.

This bill would restore eligibility after the first 2 weeks for an employee who left work because of a trade dispute. The bill would codify specified case law that holds that employees who left work due to a lockout by the employer, even if it was in anticipation of a trade dispute, are eligible for benefits. The bill would specify that the bill’s provisions do not diminish eligibility for benefits of individuals deprived of work due to an employer lockout or similar action, as specified.

Because this bill would expand the categories of people eligible to receive benefits from a continuously appropriated fund, it would make an appropriation.

Vote: MAJORITY Appropriation: YES Fiscal Committee: YES Local Program: NO

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

SECTION 1.

Section 1262 of the Unemployment Insurance Code is amended to read:

1262.

(a) An individual is not eligible for unemployment compensation benefits, and these benefits shall not be ~~payable to him or her,~~ payable, if the individual left ~~his or her~~ work because of a trade dispute. The individual shall remain ineligible for the period during which he or she continues out of work by reason of the fact that the trade dispute is still in active progress in the establishment in which he or she was employed. dispute, other than a lockout in the establishment where the individual was employed. For purposes of this subdivision, “lockout” has the same meaning as defined in Section 1132.8 of the Labor Code.

(b) The ineligibility of an individual to receive benefits pursuant to subdivision (a) shall expire after the first two weeks of the trade dispute.
(c) This section shall not diminish the eligibility of individuals who were deprived of work as a result of an employer lockout or similar action under the principles set out in Coast Packing Co. v. California Unemployment Ins. Appeals Bd. (1966) 64 Cal.2d 76.