Amended IN Assembly March 23, 2017 CALIFORNIA LEGISLATURE 20172018 REGULAR SESSION Assembly Bill No. 1700Introduced by Committee on Labor and Employment (Assembly Members Thurmond (Chair), Gomez, Kalra, McCarty, and Reyes) Assembly Member ThurmondFebruary 28, 2017An act to amend Section 6310 of the Labor Code, relating to occupational safety and health. An act to add Section 2066.5 to the Labor Code, relating to car washes.LEGISLATIVE COUNSEL'S DIGESTAB 1700, as amended, Committee on Labor and Employment Thurmond. Occupational safety and health: complaints: retaliation. Car washes.Existing law regulates the employment practices of car washes, including providing specific recordkeeping requirements that employers of car washers must implement with regard to car washer wages, hours, and working conditions, under the enforcement authority of the Division of Labor Standards Enforcement. Existing law requires employers of car washers to register with the Labor Commissioner and pay a specified registration fee, or be subject to a specified civil fine. Existing law also requires employers of car washers to post a $150,000 bond for the benefit of the state to compensate employees damaged by the employers nonpayment of wages, except as specified. Existing law also provides that a successor to a car wash employer that owed wages and penalties to the predecessors employees is liable for those wages and penalties under specified circumstances.This bill would require a car wash employer to provide written notice to a successor employer regarding the above provisions prior to the sale or other transfer of the business.Under existing law, it is unlawful to discharge or discriminate against an employee for making a complaint regarding employee safety or health, instituting or testifying in a proceeding under his or her rights, or participating in an occupational health and safety committee. Existing law makes it a misdemeanor for an employer to willfully refuse to rehire, promote, or otherwise restore an employee who has been determined to be eligible for rehiring or promotion, as specified.This bill would make nonsubstantive changes to these provisions. Digest Key Vote: MAJORITY Appropriation: NO Fiscal Committee: NO Local Program: NO Bill TextThe people of the State of California do enact as follows:SECTION 1. Section 2066.5 is added to the Labor Code, to read:2066.5. An employer engaged in car washing and polishing shall provide a successor with written notice of the provisions of this part, including Section 2066, prior to the sale or other transfer of the business.SECTION 1.Section 6310 of the Labor Code is amended to read:6310.(a)A person shall not discharge or in any manner discriminate against any employee because the employee has done any of the following:(1)Made an 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 employer, or his or her representative.(2)Instituted or caused to be instituted a proceeding under or relating to his or her 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, or others of any rights afforded him or her.(3)Participated in an occupational health and safety committee established pursuant to Section 6401.7.(b)An 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 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 employer, or his or her representative, of unsafe working conditions, or work practices, in his or her 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. An 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.
Amended IN Assembly March 23, 2017 CALIFORNIA LEGISLATURE 20172018 REGULAR SESSION Assembly Bill No. 1700Introduced by Committee on Labor and Employment (Assembly Members Thurmond (Chair), Gomez, Kalra, McCarty, and Reyes) Assembly Member ThurmondFebruary 28, 2017An act to amend Section 6310 of the Labor Code, relating to occupational safety and health. An act to add Section 2066.5 to the Labor Code, relating to car washes.LEGISLATIVE COUNSEL'S DIGESTAB 1700, as amended, Committee on Labor and Employment Thurmond. Occupational safety and health: complaints: retaliation. Car washes.Existing law regulates the employment practices of car washes, including providing specific recordkeeping requirements that employers of car washers must implement with regard to car washer wages, hours, and working conditions, under the enforcement authority of the Division of Labor Standards Enforcement. Existing law requires employers of car washers to register with the Labor Commissioner and pay a specified registration fee, or be subject to a specified civil fine. Existing law also requires employers of car washers to post a $150,000 bond for the benefit of the state to compensate employees damaged by the employers nonpayment of wages, except as specified. Existing law also provides that a successor to a car wash employer that owed wages and penalties to the predecessors employees is liable for those wages and penalties under specified circumstances.This bill would require a car wash employer to provide written notice to a successor employer regarding the above provisions prior to the sale or other transfer of the business.Under existing law, it is unlawful to discharge or discriminate against an employee for making a complaint regarding employee safety or health, instituting or testifying in a proceeding under his or her rights, or participating in an occupational health and safety committee. Existing law makes it a misdemeanor for an employer to willfully refuse to rehire, promote, or otherwise restore an employee who has been determined to be eligible for rehiring or promotion, as specified.This bill would make nonsubstantive changes to these provisions. Digest Key Vote: MAJORITY Appropriation: NO Fiscal Committee: NO Local Program: NO
Amended IN Assembly March 23, 2017
Amended IN Assembly March 23, 2017
CALIFORNIA LEGISLATURE 20172018 REGULAR SESSION
Assembly Bill No. 1700
Introduced by Committee on Labor and Employment (Assembly Members Thurmond (Chair), Gomez, Kalra, McCarty, and Reyes) Assembly Member ThurmondFebruary 28, 2017
Introduced by Committee on Labor and Employment (Assembly Members Thurmond (Chair), Gomez, Kalra, McCarty, and Reyes) Assembly Member Thurmond
February 28, 2017
An act to amend Section 6310 of the Labor Code, relating to occupational safety and health. An act to add Section 2066.5 to the Labor Code, relating to car washes.
LEGISLATIVE COUNSEL'S DIGEST
## LEGISLATIVE COUNSEL'S DIGEST
AB 1700, as amended, Committee on Labor and Employment Thurmond. Occupational safety and health: complaints: retaliation. Car washes.
Existing law regulates the employment practices of car washes, including providing specific recordkeeping requirements that employers of car washers must implement with regard to car washer wages, hours, and working conditions, under the enforcement authority of the Division of Labor Standards Enforcement. Existing law requires employers of car washers to register with the Labor Commissioner and pay a specified registration fee, or be subject to a specified civil fine. Existing law also requires employers of car washers to post a $150,000 bond for the benefit of the state to compensate employees damaged by the employers nonpayment of wages, except as specified. Existing law also provides that a successor to a car wash employer that owed wages and penalties to the predecessors employees is liable for those wages and penalties under specified circumstances.This bill would require a car wash employer to provide written notice to a successor employer regarding the above provisions prior to the sale or other transfer of the business.Under existing law, it is unlawful to discharge or discriminate against an employee for making a complaint regarding employee safety or health, instituting or testifying in a proceeding under his or her rights, or participating in an occupational health and safety committee. Existing law makes it a misdemeanor for an employer to willfully refuse to rehire, promote, or otherwise restore an employee who has been determined to be eligible for rehiring or promotion, as specified.This bill would make nonsubstantive changes to these provisions.
Existing law regulates the employment practices of car washes, including providing specific recordkeeping requirements that employers of car washers must implement with regard to car washer wages, hours, and working conditions, under the enforcement authority of the Division of Labor Standards Enforcement. Existing law requires employers of car washers to register with the Labor Commissioner and pay a specified registration fee, or be subject to a specified civil fine. Existing law also requires employers of car washers to post a $150,000 bond for the benefit of the state to compensate employees damaged by the employers nonpayment of wages, except as specified. Existing law also provides that a successor to a car wash employer that owed wages and penalties to the predecessors employees is liable for those wages and penalties under specified circumstances.
This bill would require a car wash employer to provide written notice to a successor employer regarding the above provisions prior to the sale or other transfer of the business.
Under existing law, it is unlawful to discharge or discriminate against an employee for making a complaint regarding employee safety or health, instituting or testifying in a proceeding under his or her rights, or participating in an occupational health and safety committee. Existing law makes it a misdemeanor for an employer to willfully refuse to rehire, promote, or otherwise restore an employee who has been determined to be eligible for rehiring or promotion, as specified.
This bill would make nonsubstantive changes to these provisions.
## Digest Key
## Bill Text
The people of the State of California do enact as follows:SECTION 1. Section 2066.5 is added to the Labor Code, to read:2066.5. An employer engaged in car washing and polishing shall provide a successor with written notice of the provisions of this part, including Section 2066, prior to the sale or other transfer of the business.SECTION 1.Section 6310 of the Labor Code is amended to read:6310.(a)A person shall not discharge or in any manner discriminate against any employee because the employee has done any of the following:(1)Made an 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 employer, or his or her representative.(2)Instituted or caused to be instituted a proceeding under or relating to his or her 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, or others of any rights afforded him or her.(3)Participated in an occupational health and safety committee established pursuant to Section 6401.7.(b)An 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 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 employer, or his or her representative, of unsafe working conditions, or work practices, in his or her 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. An 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.
The people of the State of California do enact as follows:
## The people of the State of California do enact as follows:
SECTION 1. Section 2066.5 is added to the Labor Code, to read:2066.5. An employer engaged in car washing and polishing shall provide a successor with written notice of the provisions of this part, including Section 2066, prior to the sale or other transfer of the business.
SECTION 1. Section 2066.5 is added to the Labor Code, to read:
### SECTION 1.
2066.5. An employer engaged in car washing and polishing shall provide a successor with written notice of the provisions of this part, including Section 2066, prior to the sale or other transfer of the business.
2066.5. An employer engaged in car washing and polishing shall provide a successor with written notice of the provisions of this part, including Section 2066, prior to the sale or other transfer of the business.
2066.5. An employer engaged in car washing and polishing shall provide a successor with written notice of the provisions of this part, including Section 2066, prior to the sale or other transfer of the business.
2066.5. An employer engaged in car washing and polishing shall provide a successor with written notice of the provisions of this part, including Section 2066, prior to the sale or other transfer of the business.
(a)A person shall not discharge or in any manner discriminate against any employee because the employee has done any of the following:
(1)Made an 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 employer, or his or her representative.
(2)Instituted or caused to be instituted a proceeding under or relating to his or her 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, or others of any rights afforded him or her.
(3)Participated in an occupational health and safety committee established pursuant to Section 6401.7.
(b)An 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 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 employer, or his or her representative, of unsafe working conditions, or work practices, in his or her 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. An 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.