Amended IN Assembly March 23, 2017 CALIFORNIA LEGISLATURE 20172018 REGULAR SESSION Assembly Bill No. 306Introduced by Assembly Member Gonzalez FletcherFebruary 06, 2017 An act to amend Section 1089 of 1256 of, and to repeal Section 1262 of, the Unemployment Insurance Code, relating to unemployment benefits. benefits, and making an appropriation therefor.LEGISLATIVE COUNSEL'S DIGESTAB 306, as amended, Gonzalez Fletcher. Unemployment benefits. benefits: eligibility.Existing law prescribes a system for the payment of benefits to unemployed individuals who meet specified eligibility criteria. Existing law requires an employer to post and maintain, in places readily accessible to employees, printed statements concerning benefit rights and other matters. Existing law disqualifies an individual for unemployment compensation benefits if the Director of Employment Development finds that the individual left his or her most recent work voluntarily without good cause or that he or she has been discharged for misconduct connected with his or her most recent work. Existing law also deems an individual not eligible for unemployment compensation benefits if the individual left his or her work because of a trade dispute.This bill would delete the prohibition against unemployment compensation benefit eligibility if the individual left his or her work because of a trade dispute. The bill would also provide that an individual is deemed to have left his or her most recent work with good cause if (1) he or she is prohibited by his or her employer from performing his or her work as a result of a trade dispute with the employer regarding wages, hours, or other terms or conditions of employment or (2) he or she left this work during a bona fide strike of more than 50% of the bargaining unit employees in a refusal of these employees who are authorized by a bona fide labor organization pursuant to state or federal labor law to perform work or services for the employer.Because this bill would expand the categories of people who could receive benefits from the Unemployment Fund, a continuously appropriated fund, it would make an appropriation.This bill would make nonsubstantive changes to these provisions.Digest Key Vote: MAJORITY Appropriation: NOYES Fiscal Committee: NOYES Local Program: NO Bill TextThe people of the State of California do enact as follows:SECTION 1. Section 1256 of the Unemployment Insurance Code is amended to read:1256. (a) An individual is disqualified for unemployment compensation benefits if the director finds that he or she the individual left his or her most recent work voluntarily without good cause or that he or she has been discharged for misconduct connected with his or her most recent work. An(b) An individual is presumed to have been discharged for reasons other than misconduct in connection with his or her work and not to have voluntarily left his or her work without good cause unless his or her employer has given written notice to the contrary to the department as provided in Section 1327, setting forth facts sufficient to overcome the presumption. The presumption provided by this section is rebuttable. An(c) An individual whose employment is terminated under the compulsory retirement provisions of a collective bargaining agreement to which the employer is a party, shall not be deemed to have left his or her work without good cause. An(d) An individual may be deemed to have left his or her most recent work with good cause if he or she leaves employment to accompany his or her spouse or domestic partner to a place or to join him or her at a place from which it is impractical to commute to the employment. For purposes of this section spouse includes a person to whom marriage is imminent, and domestic partner includes a person to whom a domestic partnership, as described in Section 297 of the Family Code, is imminent. An(e) An individual may be deemed to have left his or her most recent work with good cause if he or she leaves employment to protect his or her family, or himself or herself, from domestic violence abuse. An(f) An individual shall be deemed to have left his or her most recent work with good cause if he or she elects to be laid off in place of an employee with less seniority pursuant to a provision in a collective bargaining agreement that provides that an employee with more seniority may elect to be laid off in place of an employee with less seniority when the employer has decided to lay off employees.(g) An individual shall be deemed to have left his or her most recent work with good cause if he or she is prohibited by his or her employer from performing his or her work as a result of a trade dispute with the employer regarding wages, hours, or other terms or conditions of employment.(h) An individual shall be deemed to have left his or her most recent work with good cause if he or she left this work during a bona fide strike of more than 50 percent of the bargaining unit employees in a refusal of these employees who are authorized by a bona fide labor organization pursuant to state or federal labor law to perform work or services for the employer.SEC. 2. Section 1262 of the Unemployment Insurance Code is repealed.1262.An individual is not eligible for unemployment compensation benefits, and these benefits shall not be payable to him or her, 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.SECTION 1.Section 1089 of the Unemployment Insurance Code is amended to read:1089.Each employer shall post and maintain in places readily accessible to individuals in his or her service printed statements concerning benefit rights and other matters as may be prescribed by authorized regulations. Each employer shall, pursuant to authorized regulations, supply each individual at the time he or she becomes unemployed with copies of printed statements or materials relating to claims for benefits. Each employer shall immediately notify each employee of any change in his or her relationship with the employer. Failure to comply with this section by an employer shall constitute a misdemeanor. The printed statements shall be supplied by the director to each employer without cost to him or her.
Amended IN Assembly March 23, 2017 CALIFORNIA LEGISLATURE 20172018 REGULAR SESSION Assembly Bill No. 306Introduced by Assembly Member Gonzalez FletcherFebruary 06, 2017 An act to amend Section 1089 of 1256 of, and to repeal Section 1262 of, the Unemployment Insurance Code, relating to unemployment benefits. benefits, and making an appropriation therefor.LEGISLATIVE COUNSEL'S DIGESTAB 306, as amended, Gonzalez Fletcher. Unemployment benefits. benefits: eligibility.Existing law prescribes a system for the payment of benefits to unemployed individuals who meet specified eligibility criteria. Existing law requires an employer to post and maintain, in places readily accessible to employees, printed statements concerning benefit rights and other matters. Existing law disqualifies an individual for unemployment compensation benefits if the Director of Employment Development finds that the individual left his or her most recent work voluntarily without good cause or that he or she has been discharged for misconduct connected with his or her most recent work. Existing law also deems an individual not eligible for unemployment compensation benefits if the individual left his or her work because of a trade dispute.This bill would delete the prohibition against unemployment compensation benefit eligibility if the individual left his or her work because of a trade dispute. The bill would also provide that an individual is deemed to have left his or her most recent work with good cause if (1) he or she is prohibited by his or her employer from performing his or her work as a result of a trade dispute with the employer regarding wages, hours, or other terms or conditions of employment or (2) he or she left this work during a bona fide strike of more than 50% of the bargaining unit employees in a refusal of these employees who are authorized by a bona fide labor organization pursuant to state or federal labor law to perform work or services for the employer.Because this bill would expand the categories of people who could receive benefits from the Unemployment Fund, a continuously appropriated fund, it would make an appropriation.This bill would make nonsubstantive changes to these provisions.Digest Key Vote: MAJORITY Appropriation: NOYES Fiscal Committee: NOYES Local Program: NO
Amended IN Assembly March 23, 2017
Amended IN Assembly March 23, 2017
CALIFORNIA LEGISLATURE 20172018 REGULAR SESSION
Assembly Bill No. 306
Introduced by Assembly Member Gonzalez FletcherFebruary 06, 2017
Introduced by Assembly Member Gonzalez Fletcher
February 06, 2017
An act to amend Section 1089 of 1256 of, and to repeal Section 1262 of, the Unemployment Insurance Code, relating to unemployment benefits. benefits, and making an appropriation therefor.
LEGISLATIVE COUNSEL'S DIGEST
## LEGISLATIVE COUNSEL'S DIGEST
AB 306, as amended, Gonzalez Fletcher. Unemployment benefits. benefits: eligibility.
Existing law prescribes a system for the payment of benefits to unemployed individuals who meet specified eligibility criteria. Existing law requires an employer to post and maintain, in places readily accessible to employees, printed statements concerning benefit rights and other matters. Existing law disqualifies an individual for unemployment compensation benefits if the Director of Employment Development finds that the individual left his or her most recent work voluntarily without good cause or that he or she has been discharged for misconduct connected with his or her most recent work. Existing law also deems an individual not eligible for unemployment compensation benefits if the individual left his or her work because of a trade dispute.This bill would delete the prohibition against unemployment compensation benefit eligibility if the individual left his or her work because of a trade dispute. The bill would also provide that an individual is deemed to have left his or her most recent work with good cause if (1) he or she is prohibited by his or her employer from performing his or her work as a result of a trade dispute with the employer regarding wages, hours, or other terms or conditions of employment or (2) he or she left this work during a bona fide strike of more than 50% of the bargaining unit employees in a refusal of these employees who are authorized by a bona fide labor organization pursuant to state or federal labor law to perform work or services for the employer.Because this bill would expand the categories of people who could receive benefits from the Unemployment Fund, a continuously appropriated fund, it would make an appropriation.This bill would make nonsubstantive changes to these provisions.
Existing law prescribes a system for the payment of benefits to unemployed individuals who meet specified eligibility criteria. Existing law requires an employer to post and maintain, in places readily accessible to employees, printed statements concerning benefit rights and other matters. Existing law disqualifies an individual for unemployment compensation benefits if the Director of Employment Development finds that the individual left his or her most recent work voluntarily without good cause or that he or she has been discharged for misconduct connected with his or her most recent work. Existing law also deems an individual not eligible for unemployment compensation benefits if the individual left his or her work because of a trade dispute.
This bill would delete the prohibition against unemployment compensation benefit eligibility if the individual left his or her work because of a trade dispute. The bill would also provide that an individual is deemed to have left his or her most recent work with good cause if (1) he or she is prohibited by his or her employer from performing his or her work as a result of a trade dispute with the employer regarding wages, hours, or other terms or conditions of employment or (2) he or she left this work during a bona fide strike of more than 50% of the bargaining unit employees in a refusal of these employees who are authorized by a bona fide labor organization pursuant to state or federal labor law to perform work or services for the employer.
Because this bill would expand the categories of people who could receive benefits from the Unemployment Fund, a continuously appropriated fund, it would make an appropriation.
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 1256 of the Unemployment Insurance Code is amended to read:1256. (a) An individual is disqualified for unemployment compensation benefits if the director finds that he or she the individual left his or her most recent work voluntarily without good cause or that he or she has been discharged for misconduct connected with his or her most recent work. An(b) An individual is presumed to have been discharged for reasons other than misconduct in connection with his or her work and not to have voluntarily left his or her work without good cause unless his or her employer has given written notice to the contrary to the department as provided in Section 1327, setting forth facts sufficient to overcome the presumption. The presumption provided by this section is rebuttable. An(c) An individual whose employment is terminated under the compulsory retirement provisions of a collective bargaining agreement to which the employer is a party, shall not be deemed to have left his or her work without good cause. An(d) An individual may be deemed to have left his or her most recent work with good cause if he or she leaves employment to accompany his or her spouse or domestic partner to a place or to join him or her at a place from which it is impractical to commute to the employment. For purposes of this section spouse includes a person to whom marriage is imminent, and domestic partner includes a person to whom a domestic partnership, as described in Section 297 of the Family Code, is imminent. An(e) An individual may be deemed to have left his or her most recent work with good cause if he or she leaves employment to protect his or her family, or himself or herself, from domestic violence abuse. An(f) An individual shall be deemed to have left his or her most recent work with good cause if he or she elects to be laid off in place of an employee with less seniority pursuant to a provision in a collective bargaining agreement that provides that an employee with more seniority may elect to be laid off in place of an employee with less seniority when the employer has decided to lay off employees.(g) An individual shall be deemed to have left his or her most recent work with good cause if he or she is prohibited by his or her employer from performing his or her work as a result of a trade dispute with the employer regarding wages, hours, or other terms or conditions of employment.(h) An individual shall be deemed to have left his or her most recent work with good cause if he or she left this work during a bona fide strike of more than 50 percent of the bargaining unit employees in a refusal of these employees who are authorized by a bona fide labor organization pursuant to state or federal labor law to perform work or services for the employer.SEC. 2. Section 1262 of the Unemployment Insurance Code is repealed.1262.An individual is not eligible for unemployment compensation benefits, and these benefits shall not be payable to him or her, 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.SECTION 1.Section 1089 of the Unemployment Insurance Code is amended to read:1089.Each employer shall post and maintain in places readily accessible to individuals in his or her service printed statements concerning benefit rights and other matters as may be prescribed by authorized regulations. Each employer shall, pursuant to authorized regulations, supply each individual at the time he or she becomes unemployed with copies of printed statements or materials relating to claims for benefits. Each employer shall immediately notify each employee of any change in his or her relationship with the employer. Failure to comply with this section by an employer shall constitute a misdemeanor. The printed statements shall be supplied by the director to each employer without cost to him or her.
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 1256 of the Unemployment Insurance Code is amended to read:1256. (a) An individual is disqualified for unemployment compensation benefits if the director finds that he or she the individual left his or her most recent work voluntarily without good cause or that he or she has been discharged for misconduct connected with his or her most recent work. An(b) An individual is presumed to have been discharged for reasons other than misconduct in connection with his or her work and not to have voluntarily left his or her work without good cause unless his or her employer has given written notice to the contrary to the department as provided in Section 1327, setting forth facts sufficient to overcome the presumption. The presumption provided by this section is rebuttable. An(c) An individual whose employment is terminated under the compulsory retirement provisions of a collective bargaining agreement to which the employer is a party, shall not be deemed to have left his or her work without good cause. An(d) An individual may be deemed to have left his or her most recent work with good cause if he or she leaves employment to accompany his or her spouse or domestic partner to a place or to join him or her at a place from which it is impractical to commute to the employment. For purposes of this section spouse includes a person to whom marriage is imminent, and domestic partner includes a person to whom a domestic partnership, as described in Section 297 of the Family Code, is imminent. An(e) An individual may be deemed to have left his or her most recent work with good cause if he or she leaves employment to protect his or her family, or himself or herself, from domestic violence abuse. An(f) An individual shall be deemed to have left his or her most recent work with good cause if he or she elects to be laid off in place of an employee with less seniority pursuant to a provision in a collective bargaining agreement that provides that an employee with more seniority may elect to be laid off in place of an employee with less seniority when the employer has decided to lay off employees.(g) An individual shall be deemed to have left his or her most recent work with good cause if he or she is prohibited by his or her employer from performing his or her work as a result of a trade dispute with the employer regarding wages, hours, or other terms or conditions of employment.(h) An individual shall be deemed to have left his or her most recent work with good cause if he or she left this work during a bona fide strike of more than 50 percent of the bargaining unit employees in a refusal of these employees who are authorized by a bona fide labor organization pursuant to state or federal labor law to perform work or services for the employer.
SECTION 1. Section 1256 of the Unemployment Insurance Code is amended to read:
### SECTION 1.
1256. (a) An individual is disqualified for unemployment compensation benefits if the director finds that he or she the individual left his or her most recent work voluntarily without good cause or that he or she has been discharged for misconduct connected with his or her most recent work. An(b) An individual is presumed to have been discharged for reasons other than misconduct in connection with his or her work and not to have voluntarily left his or her work without good cause unless his or her employer has given written notice to the contrary to the department as provided in Section 1327, setting forth facts sufficient to overcome the presumption. The presumption provided by this section is rebuttable. An(c) An individual whose employment is terminated under the compulsory retirement provisions of a collective bargaining agreement to which the employer is a party, shall not be deemed to have left his or her work without good cause. An(d) An individual may be deemed to have left his or her most recent work with good cause if he or she leaves employment to accompany his or her spouse or domestic partner to a place or to join him or her at a place from which it is impractical to commute to the employment. For purposes of this section spouse includes a person to whom marriage is imminent, and domestic partner includes a person to whom a domestic partnership, as described in Section 297 of the Family Code, is imminent. An(e) An individual may be deemed to have left his or her most recent work with good cause if he or she leaves employment to protect his or her family, or himself or herself, from domestic violence abuse. An(f) An individual shall be deemed to have left his or her most recent work with good cause if he or she elects to be laid off in place of an employee with less seniority pursuant to a provision in a collective bargaining agreement that provides that an employee with more seniority may elect to be laid off in place of an employee with less seniority when the employer has decided to lay off employees.(g) An individual shall be deemed to have left his or her most recent work with good cause if he or she is prohibited by his or her employer from performing his or her work as a result of a trade dispute with the employer regarding wages, hours, or other terms or conditions of employment.(h) An individual shall be deemed to have left his or her most recent work with good cause if he or she left this work during a bona fide strike of more than 50 percent of the bargaining unit employees in a refusal of these employees who are authorized by a bona fide labor organization pursuant to state or federal labor law to perform work or services for the employer.
1256. (a) An individual is disqualified for unemployment compensation benefits if the director finds that he or she the individual left his or her most recent work voluntarily without good cause or that he or she has been discharged for misconduct connected with his or her most recent work. An(b) An individual is presumed to have been discharged for reasons other than misconduct in connection with his or her work and not to have voluntarily left his or her work without good cause unless his or her employer has given written notice to the contrary to the department as provided in Section 1327, setting forth facts sufficient to overcome the presumption. The presumption provided by this section is rebuttable. An(c) An individual whose employment is terminated under the compulsory retirement provisions of a collective bargaining agreement to which the employer is a party, shall not be deemed to have left his or her work without good cause. An(d) An individual may be deemed to have left his or her most recent work with good cause if he or she leaves employment to accompany his or her spouse or domestic partner to a place or to join him or her at a place from which it is impractical to commute to the employment. For purposes of this section spouse includes a person to whom marriage is imminent, and domestic partner includes a person to whom a domestic partnership, as described in Section 297 of the Family Code, is imminent. An(e) An individual may be deemed to have left his or her most recent work with good cause if he or she leaves employment to protect his or her family, or himself or herself, from domestic violence abuse. An(f) An individual shall be deemed to have left his or her most recent work with good cause if he or she elects to be laid off in place of an employee with less seniority pursuant to a provision in a collective bargaining agreement that provides that an employee with more seniority may elect to be laid off in place of an employee with less seniority when the employer has decided to lay off employees.(g) An individual shall be deemed to have left his or her most recent work with good cause if he or she is prohibited by his or her employer from performing his or her work as a result of a trade dispute with the employer regarding wages, hours, or other terms or conditions of employment.(h) An individual shall be deemed to have left his or her most recent work with good cause if he or she left this work during a bona fide strike of more than 50 percent of the bargaining unit employees in a refusal of these employees who are authorized by a bona fide labor organization pursuant to state or federal labor law to perform work or services for the employer.
1256. (a) An individual is disqualified for unemployment compensation benefits if the director finds that he or she the individual left his or her most recent work voluntarily without good cause or that he or she has been discharged for misconduct connected with his or her most recent work. An(b) An individual is presumed to have been discharged for reasons other than misconduct in connection with his or her work and not to have voluntarily left his or her work without good cause unless his or her employer has given written notice to the contrary to the department as provided in Section 1327, setting forth facts sufficient to overcome the presumption. The presumption provided by this section is rebuttable. An(c) An individual whose employment is terminated under the compulsory retirement provisions of a collective bargaining agreement to which the employer is a party, shall not be deemed to have left his or her work without good cause. An(d) An individual may be deemed to have left his or her most recent work with good cause if he or she leaves employment to accompany his or her spouse or domestic partner to a place or to join him or her at a place from which it is impractical to commute to the employment. For purposes of this section spouse includes a person to whom marriage is imminent, and domestic partner includes a person to whom a domestic partnership, as described in Section 297 of the Family Code, is imminent. An(e) An individual may be deemed to have left his or her most recent work with good cause if he or she leaves employment to protect his or her family, or himself or herself, from domestic violence abuse. An(f) An individual shall be deemed to have left his or her most recent work with good cause if he or she elects to be laid off in place of an employee with less seniority pursuant to a provision in a collective bargaining agreement that provides that an employee with more seniority may elect to be laid off in place of an employee with less seniority when the employer has decided to lay off employees.(g) An individual shall be deemed to have left his or her most recent work with good cause if he or she is prohibited by his or her employer from performing his or her work as a result of a trade dispute with the employer regarding wages, hours, or other terms or conditions of employment.(h) An individual shall be deemed to have left his or her most recent work with good cause if he or she left this work during a bona fide strike of more than 50 percent of the bargaining unit employees in a refusal of these employees who are authorized by a bona fide labor organization pursuant to state or federal labor law to perform work or services for the employer.
1256. (a) An individual is disqualified for unemployment compensation benefits if the director finds that he or she the individual left his or her most recent work voluntarily without good cause or that he or she has been discharged for misconduct connected with his or her most recent work.
An
(b) An individual is presumed to have been discharged for reasons other than misconduct in connection with his or her work and not to have voluntarily left his or her work without good cause unless his or her employer has given written notice to the contrary to the department as provided in Section 1327, setting forth facts sufficient to overcome the presumption. The presumption provided by this section is rebuttable.
An
(c) An individual whose employment is terminated under the compulsory retirement provisions of a collective bargaining agreement to which the employer is a party, shall not be deemed to have left his or her work without good cause.
An
(d) An individual may be deemed to have left his or her most recent work with good cause if he or she leaves employment to accompany his or her spouse or domestic partner to a place or to join him or her at a place from which it is impractical to commute to the employment. For purposes of this section spouse includes a person to whom marriage is imminent, and domestic partner includes a person to whom a domestic partnership, as described in Section 297 of the Family Code, is imminent.
An
(e) An individual may be deemed to have left his or her most recent work with good cause if he or she leaves employment to protect his or her family, or himself or herself, from domestic violence abuse.
An
(f) An individual shall be deemed to have left his or her most recent work with good cause if he or she elects to be laid off in place of an employee with less seniority pursuant to a provision in a collective bargaining agreement that provides that an employee with more seniority may elect to be laid off in place of an employee with less seniority when the employer has decided to lay off employees.
(g) An individual shall be deemed to have left his or her most recent work with good cause if he or she is prohibited by his or her employer from performing his or her work as a result of a trade dispute with the employer regarding wages, hours, or other terms or conditions of employment.
(h) An individual shall be deemed to have left his or her most recent work with good cause if he or she left this work during a bona fide strike of more than 50 percent of the bargaining unit employees in a refusal of these employees who are authorized by a bona fide labor organization pursuant to state or federal labor law to perform work or services for the employer.
SEC. 2. Section 1262 of the Unemployment Insurance Code is repealed.1262.An individual is not eligible for unemployment compensation benefits, and these benefits shall not be payable to him or her, 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.
SEC. 2. Section 1262 of the Unemployment Insurance Code is repealed.
### SEC. 2.
1262.An individual is not eligible for unemployment compensation benefits, and these benefits shall not be payable to him or her, 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.
An individual is not eligible for unemployment compensation benefits, and these benefits shall not be payable to him or her, 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.
Each employer shall post and maintain in places readily accessible to individuals in his or her service printed statements concerning benefit rights and other matters as may be prescribed by authorized regulations. Each employer shall, pursuant to authorized regulations, supply each individual at the time he or she becomes unemployed with copies of printed statements or materials relating to claims for benefits. Each employer shall immediately notify each employee of any change in his or her relationship with the employer. Failure to comply with this section by an employer shall constitute a misdemeanor. The printed statements shall be supplied by the director to each employer without cost to him or her.