News about current legislation affecting workplace rights before the U.S. Congress and the legislatures of all 50 states.
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Area Erectors, Inc. to Pay $630,000 to Class of Black Workers in Race Discrimination Lawsuit.
Source: EEOC, EEOC
Date: June 3, 2009
Area Erectors, Inc., a construction company headquartered in Rockford, Ill., will pay $630,000 and provide significant remedial relief to settle a race discrimination class lawsuit brought by the U.S. Equal Employment Opportunity Commission (EEOC), the federal agency announced today.
Assembly Republicans Block Labor Contract for State Government Workers
Source: Eric Bailey and Patrick McGreevy , Los Angeles Times
Date: May 5, 2009
A unified band of Assembly Republicans on Monday blocked a labor contract for 95,000 state government workers that would have restored half of the monthly pay cut they absorbed in recent months as the state scrambled to bridge a $42-billion budget deficit.
California Appellate Court Protects Employers Who Allow Tips for Dishwashers.
Source: Matthew D. Marca & Guissu N. Raafat, Littler - Press Releases
Date: April 8, 2009
On March 27, 2009, in Brad Etheridge v. Reins International California, Inc., No. B205005, the Second Appellate District of the California Court of Appeal approved a mandatory tip-pooling policy that allows participation of kitchen staff. The court rejected all wage and hour claims by a class of waiters arguing that kitchen staff cannot participate in a tip pool. Given the ruling in Etheridge, California restaurant employers with mandatory tip pooling policies would be well advised to review, and if necessary, amend their policies.
San Francisco labor hails passage of sick leave measure
Source: Lee Romney, Los Angeles Times
Date: November 9, 2006
Cementing its reputation as a progressive haven and further irking business groups, San
Francisco has become the first city in the country to mandate paid sick leave for all employees. The ballot
measure, which hardly generated discussion here and passed with a resounding 61% of the vote, comes at a time
when businesses are reeling from a city plan that requires employers to contribute to universal healthcare and
a citywide minimum wage boost phased in over the last few years.
State minimum wage gets a raise
Source: Marc Lifsher, Alana Semuels, Los Angeles Times
Date: September 13, 2006
On Jan. 1, California's hourly minimum wage--now $6.75--will become $7.50. And a year
later, it goes up to $8. California's minimum wage, now the eighth-highest in the nation, will jump to fourth
place in 2007 and first in 2008. Annual full-time pay will hit $16,640 and cost employers an additional $2.6
billion a year when the new wage is fully in place. "Thank God, this is going to help a lot," said Eder
Barrios, who supports his family of five with the minimum wage he earns selling clothes in a small shop in
downtown Los Angeles. "This can help us get a bigger apartment and is going to improve the quality of our
lives."
Assembly approves universal health care
Source: Lynda Gledhill, San Francisco Chronicle
Date: August 29, 2006
The Democratic-controlled Legislature is on the verge of sending Gov. Arnold
Schwarzenegger a bill that would create a state-run universal health care system. The Assembly approved a bill
that would eliminate private medical insurance plans and establish a statewide health insurance system that
would provide coverage to all Californians. The state Senate has already approved the plan once and is expected
this week to approve changes that the Assembly made to the bill. The passage of the bill [is] historic because
it was the first time both houses of the Legislature have passed a universal health care bill.
California to raise minimum wage to highest in US
Source: Jim Christie, Reuters, Washington Post
Date: August 22, 2006
The agreement between the governor and the legislature's leaders would increase
California's minimum wage by $1.25 over the next year and a half to $8 an hour. The deal calls for an increase
of 75 cents an hour next January and a rise of 50 cents an hour the following January. Schwarzenegger, a fiscal
conservative and ally of business groups concerned about the cost of doing business in California, said the
state economy had recovered and companies could afford to pay minimum-wage workers more.
Lawmakers OK minimum wage bills
Source: Nancy Vogel, Jordan Rau, Los Angeles Times
Date: June 2, 2006
The Legislature ignored Gov. Schwarzenegger's warning against allowing automatic
increases in California's minimum wage and passed bills to raise the minimum wage by $1 over the next two
years and tie future increases to inflation. Under the minimum wage bills, the state's minimum wage--currently
$6.75 an hour--would increase by 50 cents in July 2007 and an additional 50 cents in July 2008, then adjust to
keep pace with inflation each year starting in 2009. Schwarzenegger vetoed a similar bill last year, and in
2004 he vetoed a bill to raise the minimum wage by $1 without a provision for automatic adjustments.
State Senate endorses Monday's immigrant boycott; schools chief opposes it
Source: Don Thompson, Associated Press, San Jose Mercury News
Date: April 27, 2006
State [California] senators on Thursday endorsed
Monday's boycott of schools, jobs and stores by illegal immigrants and their allies as supporters equated the
protest with great social movements in American history. By a 24-13 vote that split along party lines, the
Senate approved a resolution that calls the one-day protest the Great American Boycott 2006 and describes it as
an attempt to educate Americans "about the tremendous contribution immigrants make on a daily basis to our
society and economy." The boycott, also called "A Day Without Immigrants," grew out of huge pro-immigrant
marches across the United States in recent weeks. Organizers are urging [immigrants] to stay home from school
and jobs and avoid spending money on Monday to demonstrate their importance to the U.S. economy.
L.A. Council acts to save grocery jobs
Source: Patrick McGreevy, Abigail Goldman, Los Angeles Times
Date: December 22, 2005
In a victory for organized labor, the Los Angeles City Council approved an ordinance Wednesday
that would make it harder for a company that buys a grocery store to get rid of the previous owner's employees
for at least three months. The ordinance passed 11 to 2 despite the threat of a lawsuit by the grocery
industry. The measure would require the purchasers of grocery stores larger than 15,000 square feet to keep
existing employees for at least 90 days. After that, the acquiring company would be required to conduct a
written performance evaluation of employees. If a worker's evaluation is satisfactory, the new owner would
have to consider offering a job to the worker before hiring from outside.
Kerry joins fight against Prop. 75 as Democrats try to boost turnout
Source: Jordan Rau, Los Angeles Times
Date: October 14, 2005
Three days after Gov. Arnold Schwarzenegger campaigned for his special election agenda
alongside U.S. Sen. John McCain, union leaders Thursday imported fellow Sen. John Kerry to help with their
fight against Schwarzenegger's most popular initiative. Joined by Los Angeles Mayor Antonio Villaraigosa at a
news conference outside a downtown firehouse, Kerry said Schwarzenegger's Proposition 75 to curb union
political spending was part of a national effort to give Republicans and corporations an unfair edge in
governing.
Governor signs bills targeting slave rings
Source: Jordan Rau, Los Angeles Times
Date: September 22, 2005
Gov. Arnold Schwarzenegger approved a package of legislation intended to crack down on slave rings that force
people--often poor and illegal immigrants--to perform menial and sometimes debasing work in sweatshops,
construction and prostitution. The legislation establishes a felony crime of human trafficking, which is a
national problem that particularly afflicts California. A number of other states have enacted somewhat similar
laws, including Arizona, Minnesota, Missouri, Texas and Washington. Advocates of California's [new] law said
it was the most comprehensive because it would address not only law enforcement issues but would help victims
get money and protect them from being deported if they told authorities about the rings.
Governor, public workers' unions square off for a battle over clout
Source: Jordan Rau, Nancy Vogel, Los Angeles Times
Date: May 6, 2005
Gov. Arnold Schwarzenegger and California's public employee unions
appeared headed Thursday for a politically crippling fight over labor's continued clout in the Capitol. Lewis
K. Uhler, a Sacramento anti-tax crusader, said he began submitting to county elections offices 600,000 voter
signatures he has collected for an initiative that could hobble the political potency of public employee
unions. The measure would require unions to annually obtain written permission from each member to use their
dues for political donations. In large part to avert Uhler's proposition, the unions have been working
feverishly to avoid the special election Schwarzenegger is threatening to call for later this year.
Proposed meal-break rules panned by worker advocates
Source: Nancy Cleeland, Los Angeles Times
Date: February 9, 2005
Would tinkering with a law on meal breaks amount to a corporate free lunch? Gov. Arnold
Schwarzenegger's proposal to redefine a state statute requiring that employers provide 30 minutes off for
meals has drawn fire from worker advocates who complain that unscrupulous employers might deny employees any
lunch break at all. Proponents of the changes say they reflect efforts by Schwarzenegger to ease onerous
regulations on business. Critics say the effort is another administration attack on worker rights. Worker
advocates said that even under the current scheme, enforcement was difficult. The proposed wording would make
it harder, they contend, by pitting the worker's word against the employer's.
Council adopts anti-sweatshop law
Source: Patrick McGreevy, Los Angeles Times
Date: November 10, 2004
Concerned that uniforms for police officers and other city employees might be
produced in sweatshops, the Los Angeles City Council approved an ordinance Tuesday that eventually would
require garment-makers who are city contractors to pay a living wage. The anti-sweatshop law, approved 13 to 0,
requires city contractors and firms on city-approved lists for employee purchases to sign a code of conduct
that affirms that they and their suppliers will abide by all workplace laws. More than a dozen union activists
and other supporters of the law said Los Angeles would be the first major city to adopt the measure, which they
hoped would serve as a model nationwide.
Workplace health care proposal could make history
Source: Judy Silber, Contra Costa Times
Date: October 26, 2004
Beginning with a proposal by Gov. Earl Warren in the 1940s, every effort in California to expand
health care coverage through the workplace has failed. Plans put forward nationally have also flopped, leaving
most politicians scared of any approach that would force more businesses to pay for health coverage. Voter
approval of Proposition 72 may break that stalemate. If it passes, the measure will require California
businesses with 50 or more workers to either provide health care coverage for their employees or pay into a
state fund that would provide the coverage. The symbolism of the measure looms larger than the actual impact,
for both supporters and opponents.
Businesses trying to repeal health insurance law
Source: George Raine, San Francisco Chronicle
Date: October 15, 2004
At a time when employers across the country are cutting back health
care benefits, California voters will choose in November whether to draw a line in the sand on the issue.
Proposition 72 is a referendum placed on the ballot by critics who seek to repeal California's Health
Insurance Act, signed into law last year, which requires employers with 200 or more workers to pay at least 80
percent of the premiums for employees and their dependents beginning Jan. 1, 2006, or pay a fee to the state
comparable to the cost of coverage. Approval of the measure would extend the post-World War II bonus of
employer-paid health insurance just as employers are shifting more of the cost burden to workers.
Minimum wage bill vetoed by governor
Source: Lynda Gledhill, Mark Martin, San Francisco Chronicle
Date: September 19, 2004
A bill that would have increased the minimum wage and another that would have made it
more difficult to build large retail chain stores were vetoed by Gov. Arnold Schwarzenegger on Saturday,
cementing his image as a pro-business Republican. The vetoes, particularly of the measure that would have made
California's minimum wage the highest in the nation, prompted Democrats to declare that Schwarzenegger was
siding with big business over low-wage earners. In rejecting a push to raise the lowest hourly wage from $6.75
to $7.75, Schwarzenegger said the bill would have hurt the state's economy and resulted in fewer jobs.
Source: Jordan Rau, Los Angeles Times
Date: September 19, 2004
Aligning himself with business leaders in perhaps his most
unambiguous way yet, Gov. Arnold Schwarzenegger on Saturday vetoed a measure to boost California's minimum
wage to the nation's highest, instead leaving it at the lowest level on the West Coast. Schwarzenegger also
rejected legislation that would have required giant retailers such as Wal-Mart that wanted to open colossal
stores to first finance studies showing whether they would hurt the neighborhood economy and affect traffic.
Together, the two vetoes and accompanying explanations were some of Schwarzenegger's clearest articulations of
where his views lie in disputes between business and labor.
Minimum wage increase goes to governor, its fate uncertain
Source: Marc Lifsher, Los Angeles Times
Date: August 24, 2004
A bill that would hike the minimum wage by 15% won final
legislative approval Monday, but it is expected to have trouble finding favor with a governor who has made
improving the state's business climate his top priority. Gov. Arnold Schwarzenegger has taken no official
position on the measure. Republican lawmakers and business groups are urging the governor to veto the bill.
Even with the increase, California's minimum wage would provide workers with barely enough income for a
"subsistence" living, [Assemblywoman Sally] Lieber said.
Source: Marc Lifsher, Los Angeles Times
Date: August 20, 2004
The [California] state Senate on Thursday approved a two-step hike in the hourly minimum wage that would boost
it to $7.75, the highest in the nation. The bill, which passed on a party-line vote in the
Democratic-controlled Senate, is expected to win an easy final tally in the Assembly before going to Gov.
Arnold Schwarzenegger next week. Business lobbyists said they were counting on the governor to kill the
increase. Assemblywoman Sally Lieber, who sponsored the bill in the lower house, said she hoped that
Schwarzenegger would sign the bill as a way of polishing his populist image.
McDonald's fights try for paid health insurance
Source: Rob Kaiser, Chicago Tribune
Date: August 19, 2004
A battle is gearing up in California to determine if companies will be forced to pay for workers' health
insurance. A law requiring many employers to pay at least 80 percent of workers' premiums will go into effect
unless voters strike it down in November, and Oak Brook-based McDonald's Corp. and many franchisees are among
the companies leading the campaign against it. While business leaders argue the legislation will weaken
California's already shaky economy, the dramatic rise in insurance premiums and the increasing number of
uninsured in California and across the U.S. has generated broad support for the measure.
Warning required to track Web, car use
Source: Michael Gardner, Copley News Service, San Diego Union-Tribune
Date: August 18, 2004
[California] Employers soon may have to warn workers if they plan to read
e-mails, monitor Web surfing or track the use of company cars with global positioning systems. The 80-member
Assembly approved the warning requirement yesterday without a vote to spare, 41-29. The measure now returns to
the Senate, which approved an earlier version. Gov. Arnold Schwarzenegger has not taken a position on the bill.
This is [Sen. Debra] Bowen's fourth attempt to enact a measure of protection for workers. Former Gov. Gray
Davis vetoed the previous three bills.
A new twist in the Wal-Mart wars
Source: Daniel B. Wood, Christian Science Monitor
Date: August 12, 2004
Proponents say it may become a national model for handling skirmishes over so-called "big box" stores moving
into economically fragile communities. Opponents call it another thinly veiled attempt by pro-labor legislators
to stand in the way of stores like Wal-Mart. Still others see the new ordinance, given initial approval this
week by the Los Angeles City Council, as more evidence of a deadlock between America's largest employer and
its largest state over the store's future and its policies. The ordinance says simply that developers of
superstores must do cost/benefit analyses to assess their economic impacts. The key concerns include potential
business displacement, housing and open-space effects, impact on city revenues, job creation or loss, and
access to low-cost goods.
Face-off over minimum wage bill?
Source: Kate Folmar, Mercury News [California]
Date: July 27, 2004
A bill that would raise the minimum wage by a dollar an hour for more than 1 million California
workers is pitting business and labor interests against each other, and it could set up a face-off between the
governor and legislators. Assemblywoman Sally Lieber is pushing to increase the state's minimum wage 50 cents
an hour for each of the next two years, bringing it to $7.75 by July 2006. She contends the income boost would
help poor California families, even if doesn't bring many of them above the federal poverty level. But
opponents think the measure could hurt California's economy, which is taking its first, tentative steps out of
a recession. The measure passed the Assembly earlier this year and is expected to sail through the Senate next
month. Once on the governor's desk, it will provide a key indicator of Arnold Schwarzenegger's often
hard-to-pin-down priorities.
Calif. 'sue your boss' law continues
Source: Associated Press, USA Today
Date: July 23, 2004
Instead
of asking the state to cite their employers, [some workers] sued the under California's "sue your boss" law,
signed in the last days of Gov. Gray Davis' administration. Democrats and labor lawyers say the law makes
employers accountable for rules the state lacks the manpower to enforce. Republicans [say the law] is
generating frivolous lawsuits and driving businesses out of state. And unless the law is repealed, the
Republicans say, they will hold up the already-overdue budget. The union-sponsored law--said to be the
nation's first--is one of three issues blocking a proposed $103 billion budget deal that was 23 days overdue
as of Friday.
Bill would raise state minimum wage to $7.75
Source: Edward Sifuentes, North County Times [California]
Date: July 21, 2004
A bill making its way through the Legislature would raise California's minimum
wage from $6.75 to $7.75 an hour by July 2006. The change in the state's minimum wage would bring
California's lowest-paid workers from last to first among the West Coast states in terms of pay, supporters
said. Opponents, including business and agriculture associations, argue that the increase would hurt employers
and may force small companies to lay off workers. Supporters said better-paid workers help improve the state's
economy through their increased savings and spending power.
Source: Randi Rossmann, Press Democrat [California]
Date: July 8, 2004
A divided Sonoma City Council tentatively approved a living wage law Wednesday, becoming the
second Sonoma County city to mandate better pay for some public employees. But before casting a 3-2 vote, the
council narrowed the law at least temporarily to exempt most of the part-time workers it was originally meant
to benefit. As a result, just six people will be covered by the law, which sets a minimum City Hall wage of
$11.70 an hour. The law, which also covers some private businesses that have city contracts, would take effect
next year. Sebastopol adopted a similar law last year.
Offshoring issue heats up Capitol
Source: Clint Swett, Sacramento Bee
Date: July 3, 2004
The
hot-button issue of offshoring may take center stage in the Capitol next month if [California] Gov. Arnold
Schwarzenegger vetoes a bill that would limit the practice by state agencies. The governor so far has been
neutral on the issue of sending jobs to low-wage countries, but parties on both sides say recent actions
suggest Schwarzenegger may be leaning toward offshoring as a way to help trim the state budget. Many believe he
is likely to veto a bill with strong Democratic support that would prohibit state agencies from contracting for
services unless the work was performed in the United States.
Bill would prohibit offshoring jobs
Source: Associated Press, Record Searchlight [California]
Date: July 1, 2004
Trying to stem the tide of jobs going to foreign countries, the
[California] Assembly approved a bill Thursday that would ban state contractors from offshoring jobs.
Assemblywoman Carol Liu's bill would require all contractors and subcontractors to certify that the "contract
work will be performed by people in the state of California," she said. Opponents said the bill was
shortsighted because outsourcing jobs keeps those contracts cheaper. The bill doesn't attempt to stop private
companies from outsourcing, but jobs paid for with state tax money should be kept in the state when possible,
said Assemblyman Gene Mullin, D-San Francisco. Liu's bill was approved 44-26 and sent to the Senate.
Council gives nod to municipal living wage; approves budget
Source: Blair Clarkson, surfsantamonica.com
Date: June 17, 2004
The controversial issue of a living wage for
municipal employees [in Santa Monica, California] took center stage at Tuesday's City Council meeting,
overshadowing the adoption of the City's "constrained but optimistic" $377 million budget. Following a
spirited debate over the merits of the contentious $11.50 hourly wage, the divided Council narrowly voted by a
4 to 3 margin to have staff review the financial impact and return with the necessary paperwork as soon as
possible for approval. In its instruction to staff to return with a living wage resolution, the Council did not
mandate the $11.50 hourly rate, leaving open the possibility of a lower wage floor. When staff returns with a
possible resolution, the Council will hold a public forum to hear comments from the greater community.
Source: Gilbert Chan, Sacramento Bee
Date: June 10, 2004
A
showdown over a labor-backed proposal to raise the [California] minimum wage looms at a time when Gov. Arnold
Schwarzenegger has made the state's business climate his top priority. The Republican governor has not taken a
position on the bill, which would hike the state's minimum wage 50 cents in each of the next two years. By
2006, the rate would be $7.75 per hour, higher than any other state pays today. But with strong Democratic
support, the measure appears certain to reach Schwarzenegger's desk, prompting speculation it may be vetoed.
"Someone working full time should be making enough to survive," Tom Rankin, president of the California Labor
Federation, said in defense of the bill, AB 2832 by Assemblywoman Sally Lieber, D-Mountain View.
Rising benefit costs hurt small businesses' financial health
Source: Jim Hopkins, USA Today
Date: June 4, 2004
Small employers, whacked by soaring health costs, are fighting back as rising premiums threaten
entrepreneurship. In November, California voters will be asked to repeal [a] new California law through a
referendum forced on the ballot by small-business and other trade groups. From California to Washington, D.C.,
this is a bumper year for political fights over small-business health costs, the top issue for the USA's 5.8
million small employers. The battles in statehouses and Congress cut both ways. The California law's opponents
say it will burden businesses with even higher health costs just as the state's wobbly economy needs them to
grow. Supporters say it will boost the number of Californians with health benefits by more than 1 million.
Council to vote on living wage
Source: Joshua Coman, Sonoma Index-Tribune [California]
Date: June 1, 2004
The fate of the controversial proposed "living-wage" ordinance [in Sonoma,
California] will be determined Wednesday night. Citing financial uncertainties and an increase in both staff
workload and costs to the city, a report written by City Manager Mike Fuson recommends that councilmembers
discontinue pursuing the proposed ordinance. Backed by the Living Wage Coalition of Sonoma County, the proposed
ordinance would require employers in five limited categories to pay employees up to double the state-mandated
minimum wage and to provide benefits, including health insurance and paid vacation.
Bills from legislature could raise costs for California businesses
Source: Jim Wasserman, Associated Press, Journal Gazette [Indiana]
Date: June 1, 2004
As Gov. Arnold Schwarzenegger crusades to make California more
business friendly, Democrat lawmakers passed an array of bills last week that would impose a variety of fees
and higher costs on businesses operating in the Golden State. In a weeklong blur of activity, the houses of the
Democrat-controlled Legislature passed bills that would raise the minimum wage to one of the nation's highest
levels; hit chemical companies with a fee to pay for new programs; keep it easy for employees to sue their
bosses for workplace violations; and require the recycling of cell phones and fluorescent lamps. All would make
it harder to do business in a state that's already one of the nation's most expensive, according to business
interests. Democratic Party leaders called that just "the same old misinformation."
$1 increase in state minimum wage gets Assembly OK: governor, against more regulatory burdens on California businesses, likely to veto bill
Source: Associated Press, San Francisco Chronicle
Date: May 28, 2004
California's minimum wage would go up by $1 under a bill making its way through the
Legislature but will probably face a veto by Gov. Arnold Schwarzenegger if it reaches his desk. The Assembly,
on a 45-29 vote, approved a bill that would increase the wage from $6.75 an hour to $7.25 an hour starting in
January and to $7.75 an hour starting in January 2006.
Source: Robert Salladay, Los Angeles Times
Date: May 27, 2004
The minimum wage in California would climb nearly 15% over the next 18 months to $7.75 an hour under
legislation approved Wednesday by the Assembly. Passage in the Assembly was the biggest hurdle for the bill,
which is expected to slide through the more-liberal state Senate. An estimated 1 million Californians make the
minimum wage.
New health insurance law faces showdown
Source: Marc Lifsher, Los Angeles Times
Date: May 25, 2004
The November ballot battle over California's controversial new law on employer-provided
health insurance is shaping up to be both noisy and expensive. The law, known as SB 2 and signed in the waning
days of Gov. Gray Davis' abbreviated term, is facing a recall of its own. A business-backed referendum on the
Nov. 2 ballot could wipe the law off the books. The contest officially kicks off today when a coalition that
includes labor unions, doctors, nurses, church groups and retirees launches its defense of the 2003 law.
Schwarzenegger Wins Overhaul of Workers' Compensation
Source: Charlie LeDuff, New York Times
Date: April 17, 2004
Gov. Arnold Schwarzenegger, perhaps the only politician who ever made reform of workers' compensation an
applause line, won yet another victory on Friday when the California Legislature, as expected, overwhelmingly
passed sweeping changes to the enormously expensive system. Despite enthusiasm from labor and business circles
that was only muted, the final product was a significant political achievement, just the latest in what has
become a growing list for Mr. Schwarzenegger. In the six months since ousting Gov. Gray Davis from office in a
historic recall election, he has broken gridlock in Sacramento and delivered on a string of campaign promises,
from rescinding drivers' licenses for illegal immigrants to reversing $4 billion in car tax increases to
winning public approval of a state bond issue addressing the state's vast fiscal problems.
Workers' Comp Vote Expected This Week
Source: Kate Folmar, Mercury News (CA)
Date: April 13, 2004
As a
legislative leader predicted a vote by Thursday on workers' compensation reform, Gov. Arnold Schwarzenegger on
Monday increased the pressure at a rally promoting a voter initiative to bypass legislators if they don't act
by week's end. Today, Schwarzenegger has planned a similar event in Sacramento to show legislators across town
that the public is behind him even if they're not. "They are dragging their feet,'' Schwarzenegger told
cheering crowds at a Costco in Burbank, where store workers continued to collect signatures for a November
ballot measure. Legislators "know if they cannot make up their minds, you the people will. I hope they come to
their senses.'' So far, about 800,000 signatures have been collected. Only 598,105 are needed, but initiative
backers are seeking a million signatures to ensure that enough are valid. Monday, proponents reported receiving
a $300,000 contribution from a Schwarzenegger campaign committee, in addition to $1.5 million in previous
contributions from the governor's committees. The governor's statements notwithstanding, the Legislature's
most powerful Democrat said Monday that he hopes for a vote Thursday on an as-yet-unseen bill to overhaul the
state's expensive and convoluted workers' comp system.
Workers' Comp Bill Changes Stalled
Source: John M. Hubbell, San Francisco Chronicle
Date: April 12, 2004
Lawmakers returning to the Capitol from spring recess today will find
efforts to fix the state's maligned workers' compensation system stuck on a rather key point: money. How,
interested parties wonder after weeks of negotiations, will elected officials guarantee businesses won't be
left subjected to high premiums that many allege are driving firms from the state? Democrats are pushing for
assurances -- possibly through rate regulation -- that businesses owners won't still be left vulnerable after
an overhaul. Republicans say rates will drop once the market is more competitive.
Foes Say Workers' Comp Plan Bad for Farm Workers
Source: Steve Lawrence (Associated Press), Tri-Valley Herald
Date: March 30, 2004
With a statue of Cesar Chavez as a backdrop, a group of attorneys and doctors said Monday
that Gov. Arnold Schwarzenegger's plan to overhaul California's costly workers' compensation system would be
particularly harmful to farm workers. "He has not been in the real world," Art Azevedo, president of the
California Applicant Attorneys Association, said of the Republican governor. "He certainly has not been in any
field. He should go out and see what farm workers do 10 hours a day." Schwarzenegger's legislation includes a
requirement that physicians use "objective medical findings" to determine if an employee has a work-related
injury. Those findings could not include claims of injuries that were not "reproducible, measurable or
observable." Critics of the bill say that language could screen out a high percentage of back injuries, a
frequent complaint of farm workers because of the stooping and bending required to pick crops. "I can only
empathize with the field worker who is injured and has back pain that may or may not show up with objective
findings on an X-ray or an MRI or what have you," said Dr. Ramon Jimenez, former president of the California
Orthopedic Association.
Garamendi Issues Plan for Workers' Comp
Source: Associated Press, Los Angeles Times
Date: February 11, 2004
Hoping to influence how lawmakers reform California's workers' compensation system, state Insurance
Commissioner John Garamendi released his own plan Tuesday that he said would reduce costly lawsuits and get
benefits more quickly to injured employees. The plan calls for a slew of changes to the state's current
system, which California employers say is too costly and worker advocates contend does not provide adequate
benefits. "What I am proposing is a bridge between the business community and labor interests in California
that the Legislature can cross over," Garamendi said. Garamendi's proposal comes as lawmakers in Sacramento
debate the merits of a workers' compensation bill backed by Gov. Arnold Schwarzenegger.
Schwarzenegger Plans to Trim Workers' Comp
Source: Greg Lucas, San Francisco Chronicle
Date: November 14, 2003
One of the first bills Arnold Schwarzenegger will introduce as governor Tuesday when he calls
lawmakers back into session is an overhaul of the state's costly and cumbersome workers' compensation system.
The proposal follows through on his often-repeated campaign pledge to revamp the 90-year-old system, which is
expected to cost public and private employers $29 billion this year. But by championing a plan backed by
businesses and insurers, Schwarzenegger launches a direct assault on the Democratic-controlled Legislature and
two of its most generous backers: unions and trial lawyers.
Davis' Signing of Labor Bills Is Raising Questions
Source: Catherine Saillant, Los Angeles Times
Date: October 30, 2003
Two bills recently signed into law by Gov. Gray Davis would benefit
public safety unions that have contributed millions of dollars to his campaigns — but could add significant new
costs to cash-strapped local governments. The first enables police unions in Los Angeles, San Diego, Ventura
and 17 other counties to negotiate a new benefit called a deferred retirement option. The provision would allow
law enforcement officers to "retire," but continue working for up to five years, collecting both a salary and
pension pay. Davis has twice vetoed similar legislation, saying it could create substantial new costs for local
governments. But he signed SB 274 on Oct. 12, five days after voters overwhelmingly recalled him. On the same
day, Davis approved another bill, SB 440, mandating that local governments abide by the ruling of an
arbitration panel in police union disputes unless the local governing board votes unanimously to reject the
arbitrators' decision.
New Laws Reshape Workplace [in California]
Source: Kathy Robertson, Sacramento Business Journal
Date: October 23, 2003
California is acquiring a new set of laws that will reshape the workplace on
disputes ranging from harassment by customers to at-will employment starting in 2004. Only a few of the laws
have received much attention so far. The changes come in some of several bills signed by departing Gov. Gray
Davis, who also vetoed several bills opposed by business. But organized labor scored some significant wins in
the first half of the 2003-04 session, including expanded employer liability for harassment of workers, new
worker rights to sue under the state Labor Code, and rules that limit mandatory overtime and at-will employment
by government contractors.
New Law Ups Protection for Workplace Harassment
Source: Susan Blitch, The Californian
Date: October 21, 2003
A new state law significantly increases employee protection from workplace harassment. The
California Legislature passed Assembly Bill 76 in response to the case of Salazar v. Diversified Paratransit
Inc. In this case, which is up for review by the California Supreme Court, a woman employee brought a cause of
action pursuant to the California Fair Employment and Housing Act (FEHA) for actions taken by her employer's
client or customer. Specifically, a passenger repeatedly harassed the plaintiff in the Salazar case during the
course of her employment as driver of a bus. She alleged that the employer knew this client was a problem and
did not stop him. The Court of Appeal found that FEHA's anti-harassment provisions did not create employer
liability for harassment of an employee by a non-employee client or customer.
Mixed Results for Labor [in California]
Source: Tom Abate, San Francisco Chronicle
Date: October 15, 2003
In his last swipe of the gubernatorial pen, Gov. Gray Davis signed a bill that gives workers the
right to sue their employers for alleged violations of the state's labor code and get paid a portion of any
settlement if they win. But Davis vetoed a companion measure that would have made it easier for an employee who
is fired after filing a workplace complaint to assert that the dismissal was an act of retaliation. Organized
labor had backed both bills, while business groups opposed the measures, which were passed just before the
Legislature ended its regular session Sept. 12.
Mandatory Health Insurance Signed into Law
Source: Sacramento Business Journal
Date: October 6, 2003
Many California businesses will have to provide worker health insurance or pay a similar amount into
a state pool under a measure signed into law Sunday by Gov. Gray Davis. The law -- SB 2 by Sen. John Burton, a
San Francisco Democrat -- applies to businesses with 50 or more employees. Those employing 200 or more will be
required to buy health insurance for their workers and their families by 2006; firms with 50 to 199 employees
must provide health insurance for their workers, but not their families, by 2007. Companies with fewer than 50
workers are not affected.
Bill May Buffer 'Ills' of Non-Fulltime Work
Source: Rebecca Vesely, Oakland Tribune
Date: September 29, 2003
Part-time workers could benefit from California's new health insurance mandate, dubbed SB2, which Gov. Gray
Davis is expected to sign soon. But questions remain about how affordable the benefit will be to part-time
employees and how the state will enforce non-compliance. The bill requires companies with at least 20 employees
to provide health insurance to workers logging at least 100 hours a month -- or 25 hours a week. The mandate
goes into effect for employers with 200 or more workers in 2006, and for those with 20 or more employees in
2007.
Source: Gilbert Chan, Sacramento Bee
Date: September 26, 2003
Gov.
Gray Davis on Monday signed legislation to crack down on corporate fraud and establish a whistle-blower hot
line. The governor and supporters touted the trio of bills as a major step in increasing corporate
accountability in California and rebuilding public trust in the nation's financial markets, which have been
rattled in recent years by a wave of corporate scandals. In a prepared statement, Davis said the laws will help
restore fairness in the marketplace. "Corporate insiders should share the same risks and enjoy the same
choices," he said.
Accord Reached on Work Injuries
Source: Marla Dickerson and Nancy Vogel, Los Angeles Times
Date: September 10, 2003
Lawmakers on Tuesday agreed on a set of reforms for
California's troubled workers' compensation system, whose spiraling costs have pounded employers, wrecked
insurers and become an issue in the recall campaign. Beating a midnight deadline, a committee of negotiators
from both parties pushed through a measure widely expected to be approved by the Assembly and Senate this week,
before they adjourn for the year, and signed into law by Gov. Gray Davis.
Measure Calls for Health Benefits
Source: Carl Ingram, Los Angeles Times
Date: September 9, 2003
As lawmakers face a frenetic week before adjourning for the year on Friday, legislation is being crafted that
for the first time would require California employers to purchase health insurance for 2.5 million uninsured
workers and families. Some participants in the debate consider the proposal to be as potentially significant
for health care in California as energy deregulation was for the utility industry in 1996.
Sex-Harass Bill Places Onus on Employers
Source: Jim Sanders, Sacramento Bee
Date: September 9, 2003
A
passenger attack on a bus driver has prompted California lawmakers to pass legislation that would hold
employers liable for failing to protect workers from sexual harassment by customers.
AB 76 cleared the
Legislature last week and is awaiting action from Gov. Gray Davis. The bill addresses a hot workplace issue
spotlighted by a Los Angeles County lawsuit pending before the California Supreme Court. The bill would make
employers liable for sexual harassment by customers or clients if employers -- or their agents or supervisors
-- knew or should have known of the harassment and failed to take immediate action to stop
it.
Californians Can Sue Bosses Under Bill
Source: Associated Press, Newsday
Date: September 12, 2003
Workers in California could sue their bosses to enforce labor
laws including safe workplace or minimum wage regulations, under a bill sent to the governor Friday. The bill
passed the state Senate on a 21-17 vote. The bill's sponsor, Sen. Joe Dunn, D-Santa Ana, said the measure is
necessary because the state Labor and Workforce Development Agency has had its enforcement budget severely cut.
Davis Signs Ban on Bias Against Transgenders
Source: Mark Martin, San Francisco Chronicle
Date: August 5, 2003
Gov. Gray Davis, quietly jumping into a potentially hot-button gay- rights issue as
he struggles to persuade voters to keep him in office, has signed legislation making it illegal for landlords
and businesses to discriminate against transgendered people. Davis' signature means California will become the
fourth state in the country to add gender to the list of protected traits such as race and sex in the Fair
Housing and Employment Act. The signing of the measure San Francisco Assemblyman Mark Leno originated comes as
recent developments such as the Supreme Court's rejection of sodomy laws has generated a larger discussion
about equal rights for gay, lesbian and transgendered people.
California Becomes 4th State to Ban Transgendered Discrimination
Source: Associated Press, Sarasota Herald Tribune
Date: August 3, 2003
California Gov. Gray Davis has signed a bill banning housing and job
discrimination against transgendered people, aides to the governor said Sunday. The measure, which Davis signed
Saturday afternoon, will take effect Jan. 1, 2004. The new law has long been a goal of lesbian, gay, bisexual
and transgender activists in the state, said Shannon Minter, legal director of the National Center for Lesbian
Rights.
Read More: gender identity
discrimination
(California) Senate Passes Bill Outlawing Bias Against Transgendered Residents
Source: Lisa Leff (AP), San Francisco Chronicle
Date: July 24, 2003
In a sign of growing tolerance for transsexuals, the California Senate agreed
Thursday to ban housing and job discrimination against residents whose "perceived gender characteristics are
different from those traditionally associated with the individual's sex at birth." The Senate voted 23-11 to
add "gender identity or expression" to the dozen characteristics already protected under the state's Fair
Employment and Housing Act. If the governor signs the bill, California would become the fourth state to make it
illegal to deny someone a job or place to live on that basis.
State Panel to Tackle Workers' Comp Crisis
Source: Associated Press, Los Angeles Times
Date: July 9, 2003
State lawmakers plan to convene a two-house committee to try to draft legislation to respond to skyrocketing
workers' compensation insurance costs, a senator said Tuesday. Sen. Richard Alarcon (D-Van Nuys), chairman of
the Senate Labor and Industrial Relations Committee, said 20 bills dealing with various aspects of the
workers' comp problem would be sent to a conference committee.
Law Protects Undocumented Workers in [California]
Source: Susan Blitch, California Online
Date: June 17, 2003
Employers and employees alike may be unaware of a recently passed California law that is designed to
protect undocumented workers from unfair labor practices. The state Legislature adopted California Civil Code
Section 3339 in response to a 2002 U.S. Supreme Court case, Hoffman Plastics Compounds, Inc. v. National Labor
Relations Board. In Hoffman, the Supreme Court ruled that federal immigration law prevented an award of back
pay to undocumented workers, even where the undocumented workers were victims of unfair labor practices. The
court's decision in Hoffman had the effect of excluding millions of workers in the United States from basic
workplace rights. The undocumented workers, because of their status, were simply out of luck. In passing
Section 3339, the California Legislature affirmed that at least in California, labor, employment, and civil
rights laws apply to all workers in the state, regardless of their immigration status. The law permits an
undocumented worker to recover damages in the form of back pay or other monetary relief for wrongful
termination, employment discrimination and other similar claims.
