California 2019 2019-2020 Regular Session

California Assembly Bill AB1066 Amended / Bill

Filed 04/22/2019

                    Amended IN  Assembly  April 22, 2019 Amended IN  Assembly  March 26, 2019 CALIFORNIA LEGISLATURE 20192020 REGULAR SESSION Assembly Bill No. 1066Introduced by Assembly Member GonzalezFebruary 21, 2019 An act to amend Section 1262 of the Unemployment Insurance Code, relating to unemployment compensation, and making an appropriation therefor.LEGISLATIVE COUNSEL'S DIGESTAB 1066, as amended, Gonzalez. Unemployment insurance: trade disputes: eligibility for benefits. Existing law provides for the payment of unemployment compensation benefits and extended benefits to eligible individuals who meet specified requirements.Under existing law, unemployment benefits are paid from the Unemployment Fund, which is continuously appropriated for these purposes. Existing law makes an employee ineligible for benefits if the employee left work because of a trade dispute and specifies that the employee remains ineligible for the duration of the trade dispute. Existing caselaw holds that employees who left work due to a lockout by the employer, even if it was in anticipation of a trade dispute, are eligible for benefits.This bill would restore eligibility after the first 2 weeks for an employee who left work because of a trade dispute. The bill would codify specified caselaw that holds that employees who left work due to a lockout by the employer, even if it was in anticipation of a trade dispute, are eligible for benefits. The bill would specify the bills provisions do not diminish eligibility for benefits of individuals deprived of work due to an employer lockout or similar action, as specified.Because this bill would expand the categories of people eligible to receive benefits from a continuously appropriated fund, it would make an appropriation.Digest Key Vote: MAJORITY  Appropriation: YES  Fiscal Committee: YES  Local Program: NO Bill TextThe people of the State of California do enact as follows:SECTION 1. Section 1262 of the Unemployment Insurance Code is amended to read:1262. (a) An individual is not eligible for unemployment compensation benefits, and these benefits shall not be payable, if the individual left work because of a trade dispute. dispute, other than a lockout in the establishment where the individual was employed.(b) The ineligibility of an individual to receive benefits pursuant to subdivision (a), (a) shall expire after the first two weeks of the trade dispute and shall, thereafter, be eligible.(c) Nothing in this section shall diminish the eligibility of individuals who were deprived of work as a result of an employer lockout or similar action under the principles set out in Coast Packing Co. v. California Unemployment Ins. Appeals Bd. (1966) 64 Cal.2d 76.

 Amended IN  Assembly  April 22, 2019 Amended IN  Assembly  March 26, 2019 CALIFORNIA LEGISLATURE 20192020 REGULAR SESSION Assembly Bill No. 1066Introduced by Assembly Member GonzalezFebruary 21, 2019 An act to amend Section 1262 of the Unemployment Insurance Code, relating to unemployment compensation, and making an appropriation therefor.LEGISLATIVE COUNSEL'S DIGESTAB 1066, as amended, Gonzalez. Unemployment insurance: trade disputes: eligibility for benefits. Existing law provides for the payment of unemployment compensation benefits and extended benefits to eligible individuals who meet specified requirements.Under existing law, unemployment benefits are paid from the Unemployment Fund, which is continuously appropriated for these purposes. Existing law makes an employee ineligible for benefits if the employee left work because of a trade dispute and specifies that the employee remains ineligible for the duration of the trade dispute. Existing caselaw holds that employees who left work due to a lockout by the employer, even if it was in anticipation of a trade dispute, are eligible for benefits.This bill would restore eligibility after the first 2 weeks for an employee who left work because of a trade dispute. The bill would codify specified caselaw that holds that employees who left work due to a lockout by the employer, even if it was in anticipation of a trade dispute, are eligible for benefits. The bill would specify the bills provisions do not diminish eligibility for benefits of individuals deprived of work due to an employer lockout or similar action, as specified.Because this bill would expand the categories of people eligible to receive benefits from a continuously appropriated fund, it would make an appropriation.Digest Key Vote: MAJORITY  Appropriation: YES  Fiscal Committee: YES  Local Program: NO 

 Amended IN  Assembly  April 22, 2019 Amended IN  Assembly  March 26, 2019

Amended IN  Assembly  April 22, 2019
Amended IN  Assembly  March 26, 2019

 CALIFORNIA LEGISLATURE 20192020 REGULAR SESSION

Assembly Bill No. 1066

Introduced by Assembly Member GonzalezFebruary 21, 2019

Introduced by Assembly Member Gonzalez
February 21, 2019

 An act to amend Section 1262 of the Unemployment Insurance Code, relating to unemployment compensation, and making an appropriation therefor.

LEGISLATIVE COUNSEL'S DIGEST

## LEGISLATIVE COUNSEL'S DIGEST

AB 1066, as amended, Gonzalez. Unemployment insurance: trade disputes: eligibility for benefits. 

Existing law provides for the payment of unemployment compensation benefits and extended benefits to eligible individuals who meet specified requirements.Under existing law, unemployment benefits are paid from the Unemployment Fund, which is continuously appropriated for these purposes. Existing law makes an employee ineligible for benefits if the employee left work because of a trade dispute and specifies that the employee remains ineligible for the duration of the trade dispute. Existing caselaw holds that employees who left work due to a lockout by the employer, even if it was in anticipation of a trade dispute, are eligible for benefits.This bill would restore eligibility after the first 2 weeks for an employee who left work because of a trade dispute. The bill would codify specified caselaw that holds that employees who left work due to a lockout by the employer, even if it was in anticipation of a trade dispute, are eligible for benefits. The bill would specify the bills provisions do not diminish eligibility for benefits of individuals deprived of work due to an employer lockout or similar action, as specified.Because this bill would expand the categories of people eligible to receive benefits from a continuously appropriated fund, it would make an appropriation.

Existing law provides for the payment of unemployment compensation benefits and extended benefits to eligible individuals who meet specified requirements.

Under existing law, unemployment benefits are paid from the Unemployment Fund, which is continuously appropriated for these purposes.

 Existing law makes an employee ineligible for benefits if the employee left work because of a trade dispute and specifies that the employee remains ineligible for the duration of the trade dispute. Existing caselaw holds that employees who left work due to a lockout by the employer, even if it was in anticipation of a trade dispute, are eligible for benefits.

This bill would restore eligibility after the first 2 weeks for an employee who left work because of a trade dispute. The bill would codify specified caselaw that holds that employees who left work due to a lockout by the employer, even if it was in anticipation of a trade dispute, are eligible for benefits. The bill would specify the bills provisions do not diminish eligibility for benefits of individuals deprived of work due to an employer lockout or similar action, as specified.

Because this bill would expand the categories of people eligible to receive benefits from a continuously appropriated fund, it would make an appropriation.

## Digest Key

## Bill Text

The people of the State of California do enact as follows:SECTION 1. Section 1262 of the Unemployment Insurance Code is amended to read:1262. (a) An individual is not eligible for unemployment compensation benefits, and these benefits shall not be payable, if the individual left work because of a trade dispute. dispute, other than a lockout in the establishment where the individual was employed.(b) The ineligibility of an individual to receive benefits pursuant to subdivision (a), (a) shall expire after the first two weeks of the trade dispute and shall, thereafter, be eligible.(c) Nothing in this section shall diminish the eligibility of individuals who were deprived of work as a result of an employer lockout or similar action under the principles set out in Coast Packing Co. v. California Unemployment Ins. Appeals Bd. (1966) 64 Cal.2d 76.

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 1262 of the Unemployment Insurance Code is amended to read:1262. (a) An individual is not eligible for unemployment compensation benefits, and these benefits shall not be payable, if the individual left work because of a trade dispute. dispute, other than a lockout in the establishment where the individual was employed.(b) The ineligibility of an individual to receive benefits pursuant to subdivision (a), (a) shall expire after the first two weeks of the trade dispute and shall, thereafter, be eligible.(c) Nothing in this section shall diminish the eligibility of individuals who were deprived of work as a result of an employer lockout or similar action under the principles set out in Coast Packing Co. v. California Unemployment Ins. Appeals Bd. (1966) 64 Cal.2d 76.

SECTION 1. Section 1262 of the Unemployment Insurance Code is amended to read:

### SECTION 1.

1262. (a) An individual is not eligible for unemployment compensation benefits, and these benefits shall not be payable, if the individual left work because of a trade dispute. dispute, other than a lockout in the establishment where the individual was employed.(b) The ineligibility of an individual to receive benefits pursuant to subdivision (a), (a) shall expire after the first two weeks of the trade dispute and shall, thereafter, be eligible.(c) Nothing in this section shall diminish the eligibility of individuals who were deprived of work as a result of an employer lockout or similar action under the principles set out in Coast Packing Co. v. California Unemployment Ins. Appeals Bd. (1966) 64 Cal.2d 76.

1262. (a) An individual is not eligible for unemployment compensation benefits, and these benefits shall not be payable, if the individual left work because of a trade dispute. dispute, other than a lockout in the establishment where the individual was employed.(b) The ineligibility of an individual to receive benefits pursuant to subdivision (a), (a) shall expire after the first two weeks of the trade dispute and shall, thereafter, be eligible.(c) Nothing in this section shall diminish the eligibility of individuals who were deprived of work as a result of an employer lockout or similar action under the principles set out in Coast Packing Co. v. California Unemployment Ins. Appeals Bd. (1966) 64 Cal.2d 76.

1262. (a) An individual is not eligible for unemployment compensation benefits, and these benefits shall not be payable, if the individual left work because of a trade dispute. dispute, other than a lockout in the establishment where the individual was employed.(b) The ineligibility of an individual to receive benefits pursuant to subdivision (a), (a) shall expire after the first two weeks of the trade dispute and shall, thereafter, be eligible.(c) Nothing in this section shall diminish the eligibility of individuals who were deprived of work as a result of an employer lockout or similar action under the principles set out in Coast Packing Co. v. California Unemployment Ins. Appeals Bd. (1966) 64 Cal.2d 76.



1262. (a) An individual is not eligible for unemployment compensation benefits, and these benefits shall not be payable, if the individual left work because of a trade dispute. dispute, other than a lockout in the establishment where the individual was employed.

(b) The ineligibility of an individual to receive benefits pursuant to subdivision (a), (a) shall expire after the first two weeks of the trade dispute and shall, thereafter, be eligible.

(c) Nothing in this section shall diminish the eligibility of individuals who were deprived of work as a result of an employer lockout or similar action under the principles set out in Coast Packing Co. v. California Unemployment Ins. Appeals Bd. (1966) 64 Cal.2d 76.