Bill Text: CA SB1202 | 2023-2024 | Regular Session | Amended

California Senate Bill 1202

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

Bill Title: Department of Corrections and Rehabilitation: reports: assaults.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Engrossed) 2024-08-15 - August 15 hearing: Held in committee and under submission. [SB1202 Detail]

Download: California-2023-SB1202-Amended.html

Amended IN Senate April 09, 2024

CALIFORNIA LEGISLATURE— 2023–2024 REGULAR SESSION

Senate Bill

No. 1202

Introduced by Senator Newman

February 15, 2024

An act to add Section ~~1182.3~~ 6401.10 to the Labor Code, relating to ~~employment.~~ workplace safety.

LEGISLATIVE COUNSEL'S DIGEST

SB 1202, as amended, Newman. ~~Minimum wage: teaching artist.~~ Labor and Workforce Development Agency: reports: assaults.

Existing law generally grants to the Division of Occupational Safety and Health, within the Department of Industrial Relations, jurisdiction over every employment and place of employment necessary to adequately enforce and administer all laws, standards, and orders. Existing law creates the Occupational Safety and Health Standards Board within the Labor and Workforce Development Agency and, among other things, requires it to adopt standards developed by the division relating to workplace violence prevention plans at hospitals.
This bill would require the Labor and Workforce Development Agency to make a quarterly report regarding assaults, as defined, against employees to the Labor Commissioner and any bargaining unit within the agency within 30 calendar days of the last day of the quarter with respect to assaults that occurred during that quarter and, on or before January 30, 2026, and annually thereafter, the Legislature and the chairs of the Senate Committee on Budget and Fiscal Review and the Assembly Committee on Budget with respect to assaults that occurred during the preceding calendar year. The bill would require that report to include certain information with respect to any assault that occurred during the previous reporting period, including the date of the assault and the job classification of any affected represented employee.
Existing constitutional provisions require that a statute that limits the right of access to the meetings of public bodies or the writings of public officials and agencies be adopted with findings demonstrating the interest protected by the limitation and the need for protecting that interest.
This bill would make legislative findings to that effect.
Existing law generally requires the minimum wage for all industries to not be less than specified amounts to be increased until it is $15 per hour commencing January 1, 2022, for employers employing 26 or more employees, and commencing January 1, 2023, for employers employing 25 or fewer employees. Existing law makes a violation of minimum wage requirements a misdemeanor, and imposes on the Labor Commissioner certain duties related to the enforcement of the minimum wage.
This bill would exempt a teaching artist employed by a nonprofit performing arts organization, as those terms are defined, from a minimum wage or maximum hour order of the commission if the teaching artist receives a weekly salary of at least 85% of the minimum wage for a 40-hour week, regardless of the number of hours per week the teaching artist might work at the nonprofit performing arts organization. The bill would require that if the teaching artist works less than 40 hours per week, the teaching artist shall be paid at least 85% of the minimum hourly wage for each hour worked.

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

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

SECTION 1.

Section 6401.10 is added to the Labor Code, immediately following Section 6401.9, to read:

6401.10.
(a) For purposes of this section, “assault” means a physically aggressive act to staff, including hitting, pushing, kicking, or other acts directed against a staff person that could cause potential or actual injury.
(b) (1) The Labor and Workforce Development Agency shall make a quarterly report, pursuant to subdivision (c), regarding assaults against employees to both of the following:
(A) The Labor Commissioner and any bargaining unit within the agency within 30 calendar days of the last day of the quarter with respect to assaults that occurred during that quarter.
(B) On or before January 30, 2026, and annually thereafter, the Legislature and the chairs of the Senate Committee on Budget and Fiscal Review and the Assembly Committee on Budget with respect to assaults that occurred during the preceding calendar year.
(2) A report submitted to the Legislature pursuant to this subdivision shall be submitted pursuant to Section 9795 of the Government Code.
(c) (1) A report made pursuant to this section shall include all of the following information with respect to any assault that occurred during the previous reporting period:
(A) The date of the assault.
(B) The job classification of any affected represented employee.
(C) The employee’s state bargaining unit designation.
(D) The name of the location at which the incident occurred.
(2) Information reported pursuant to this subdivision shall be reported in a manner that appropriately protects the confidentiality of employees.

SEC. 2.
The Legislature finds and declares that Section 1 of this act, which adds Section 6401.10 to the Labor Code, imposes a limitation on the public’s right of access to the meetings of public bodies or the writings of public officials and agencies within the meaning of Section 3 of Article I of the California Constitution. Pursuant to that constitutional provision, the Legislature makes the following findings to demonstrate the interest protected by this limitation and the need for protecting that interest:
In order to appropriately protect the privacy of persons involved in violent incidents, it is necessary to limit access to the personal information of employees involved in these incidents.

SECTION 1.Section 1182.3 is added to the Labor Code, to read:
1182.3.
(a)A teaching artist employed by a nonprofit performing arts organization shall not be subject to a minimum wage or maximum hour order of the commission if the teaching artist receives a weekly salary of at least 85 percent of the minimum wage for a 40-hour week, regardless of the number of hours per week the teaching artist might work at the nonprofit performing arts organization. If the teaching artist works less than 40 hours per week, the teaching artist shall be paid at least 85 percent of the minimum hourly wage for each hour worked.
~~(b)As used in this section, the following terms have the following meanings:~~
~~(1)“Nonprofit performing arts organization” has the same meaning as set forth in Section 8757 of the Government Code.~~
(2)“Teaching artist” means an individual who provides arts instruction for a nonprofit performing arts organization, engages in a performance tour of seven or more contiguous days, works no more than 500 hours in any calendar year, and does not serve in a managerial or supervisorial capacity.