California Assembly Bill AB1383 Introduced / Bill

 BILL NUMBER: AB 1383INTRODUCED BILL TEXT INTRODUCED BY Committee on Labor and Employment (Roger Hernndez (Chair), Alejo, Chau, and Holden) MARCH 4, 2013 An act to amend Section 1205 of the Labor Code, relating to employment. LEGISLATIVE COUNSEL'S DIGEST AB 1383, as introduced, Committee on Labor and Employment. Employment regulations: local enforcement. Under existing law, the fundamental authority to regulate wages, hours, and working conditions lies within the police power of both the state and local jurisdictions. Existing law provides that such state laws regulating these matters do not restrict the exercise of local police powers in a more stringent manner. This bill would state that nothing in the Labor Code prohibits local enforcement of employment regulations in a manner more stringent than enforcement by the state. Vote: majority. Appropriation: no. Fiscal committee: no. State-mandated local program: no. THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS: SECTION 1. Section 1205 of the Labor Code is amended to read: 1205. (a) As used in this section: (1) "Local jurisdiction" means any city, county, district, or agency, or any subdivision or combination thereof. (2) "State agency" means any state office, officer, department, division, bureau, board, commission, or agency, or any subdivision thereof. (3) "Labor standards" means any legal requirements regarding wages paid, hours worked, and other conditions of employment. (b) Nothing in this  part   code  shall be deemed to restrict the exercise of local police powers in a more stringent manner. (c) When a local jurisdiction expends funds that have been provided to it by a state agency, operates a program that has received assistance from a state agency, or engages in an activity that has received assistance from a state agency, labor standards established by the local jurisdiction through exercise of local police powers or spending powers shall take effect with regard to that expenditure, program, or activity, so long as those labor standards are not in explicit conflict with, or explicitly preempted by, state law. A state agency may not require as a condition to the receipt of state funds or assistance that a local jurisdiction refrain from applying labor standards established by the local jurisdiction to expenditures, programs, or activities supported by the state funds or assistance in question.