California 2019-2020 Regular Session

California Assembly Bill AB3096 Compare Versions

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Version 2 (New)

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1		-	~~Amended IN Assembly March 10, 2020~~ CALIFORNIA LEGISLATURE 20192020 REGULAR SESSION Assembly Bill No. 3096Introduced by Assembly Member ChiuFebruary 21, 2020 An act to amend Section 79 of the Labor Code, relating to employment. ~~add Section 3551.5 to the Government Code, relating to public employment.~~LEGISLATIVE COUNSEL'S DIGESTAB 3096, as ~~amended~~, Chiu. Division of Labor Standards Enforcement. Deterring union membership: University of California: violations. Existing law prohibits a public employer from deterring or discouraging public employees or applicants to be public employees from becoming or remaining members of an employee organization, authorizing representation by an employee organization, or authorizing dues or fee deductions to an employee organization. Existing law generally vests jurisdiction over violations of these provisions in the Public Employment Relations Board. This bill would authorize an employee organization to bring a claim before the Public Employment Relations Board alleging that the University of California violated the above-described provisions. Upon a finding by the board that the University of California violated those provisions, the university would be liable to the employee organization for a penalty of $1,000 for each affected employee and for all attorneys fees and costs incurred in bringing the claim.Existing law creates the Division of Labor Standards Enforcement within the Department of Industrial Relations. Existing law provides that an executive officer, known as the Chief of the Division of Labor Standards Enforcement, shall be appointed by the Governor, and serve at the pleasure of the Director of Industrial Relations, as specified.This bill would make a nonsubstantive change to those provisions.Digest Key Vote: MAJORITY Appropriation: NO Fiscal Committee: ~~NOYES~~ Local Program: NO Bill TextThe people of the State of California do enact as follows:SECTION 1. Section 3551.5 is added to the Government Code, to read:3551.5. An employee organization may bring a claim before the Public Employment Relations Board alleging that the University of California violated Section 3550. Upon a finding by the board that the University of California violated Section 3550, the university shall be liable to the employee organization for a penalty of one thousand dollars ($1,000) per each affected employee and for attorneys fees and costs incurred in bringing the claim.SECTION 1.Section 79 of the Labor Code is amended to read:79.There is in the Department of Industrial Relations the Division of Labor Standards Enforcement. The division shall be under the direction of an executive officer known as the Chief, Division of Labor Standards Enforcement, who shall be appointed by the Governor, subject to confirmation of the Senate, and shall hold office at the pleasure of the Director of Industrial Relations. The annual salary of the chief shall be determined by the Department of Finance.
	1	+	CALIFORNIA LEGISLATURE 20192020 REGULAR SESSION Assembly Bill No. 3096Introduced by Assembly Member ChiuFebruary 21, 2020 An act to amend Section 79 of the Labor Code, relating to employment. LEGISLATIVE COUNSEL'S DIGESTAB 3096, as introduced, Chiu. Division of Labor Standards Enforcement.Existing law creates the Division of Labor Standards Enforcement within the Department of Industrial Relations. Existing law provides that an executive officer, known as the Chief of the Division of Labor Standards Enforcement, shall be appointed by the Governor, and serve at the pleasure of the Director of Industrial Relations, as specified.This bill would make a nonsubstantive change to those 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 79 of the Labor Code is amended to read:79. There is in the Department of Industrial Relations the Division of Labor Standards Enforcement. The Division of Labor Standards Enforcement division shall be under the direction of an executive officer known as the Chief, Division of Labor Standards Enforcement, who shall be appointed by the Governor, subject to confirmation of the Senate, and shall hold office at the pleasure of the Director of Industrial Relations. The annual salary of the chief shall be determined by the Department of Finance.
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3		-	~~Amended IN Assembly March 10, 2020~~ CALIFORNIA LEGISLATURE 20192020 REGULAR SESSION Assembly Bill No. 3096Introduced by Assembly Member ChiuFebruary 21, 2020 An act to amend Section 79 of the Labor Code, relating to employment. ~~add Section 3551.5 to the Government Code, relating to public employment.~~LEGISLATIVE COUNSEL'S DIGESTAB 3096, as ~~amended~~, Chiu. Division of Labor Standards Enforcement. Deterring union membership: University of California: violations. Existing law prohibits a public employer from deterring or discouraging public employees or applicants to be public employees from becoming or remaining members of an employee organization, authorizing representation by an employee organization, or authorizing dues or fee deductions to an employee organization. Existing law generally vests jurisdiction over violations of these provisions in the Public Employment Relations Board. This bill would authorize an employee organization to bring a claim before the Public Employment Relations Board alleging that the University of California violated the above-described provisions. Upon a finding by the board that the University of California violated those provisions, the university would be liable to the employee organization for a penalty of $1,000 for each affected employee and for all attorneys fees and costs incurred in bringing the claim.Existing law creates the Division of Labor Standards Enforcement within the Department of Industrial Relations. Existing law provides that an executive officer, known as the Chief of the Division of Labor Standards Enforcement, shall be appointed by the Governor, and serve at the pleasure of the Director of Industrial Relations, as specified.This bill would make a nonsubstantive change to those provisions.Digest Key Vote: MAJORITY Appropriation: NO Fiscal Committee: ~~NOYES~~ Local Program: NO
	3	+	CALIFORNIA LEGISLATURE 20192020 REGULAR SESSION Assembly Bill No. 3096Introduced by Assembly Member ChiuFebruary 21, 2020 An act to amend Section 79 of the Labor Code, relating to employment. LEGISLATIVE COUNSEL'S DIGESTAB 3096, as introduced, Chiu. Division of Labor Standards Enforcement.Existing law creates the Division of Labor Standards Enforcement within the Department of Industrial Relations. Existing law provides that an executive officer, known as the Chief of the Division of Labor Standards Enforcement, shall be appointed by the Governor, and serve at the pleasure of the Director of Industrial Relations, as specified.This bill would make a nonsubstantive change to those provisions.Digest Key Vote: MAJORITY Appropriation: NO Fiscal Committee: NO Local Program: NO
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5		-	Amended IN Assembly March 10, 2020
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7		-	Amended IN Assembly March 10, 2020
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9	9		CALIFORNIA LEGISLATURE 20192020 REGULAR SESSION
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11	11		Assembly Bill
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13	13		No. 3096
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15	15		Introduced by Assembly Member ChiuFebruary 21, 2020
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17	17		Introduced by Assembly Member Chiu
18	18		February 21, 2020
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20		-	An act to amend Section 79 of the Labor Code, relating to employment. ~~add Section 3551.5 to the Government Code, relating to public employment.~~
	20	+	An act to amend Section 79 of the Labor Code, relating to employment.
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22	22		LEGISLATIVE COUNSEL'S DIGEST
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24	24		## LEGISLATIVE COUNSEL'S DIGEST
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26		-	AB 3096, as ~~amended~~, Chiu. Division of Labor Standards Enforcement. ~~Deterring union membership: University of California: violations.~~
	26	+	AB 3096, as introduced, Chiu. Division of Labor Standards Enforcement.
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28		-	Existing law prohibits a public employer from deterring or discouraging public employees or applicants to be public employees from becoming or remaining members of an employee organization, authorizing representation by an employee organization, or authorizing dues or fee deductions to an employee organization. Existing law generally vests jurisdiction over violations of these provisions in the Public Employment Relations Board. This bill would authorize an employee organization to bring a claim before the Public Employment Relations Board alleging that the University of California violated the above-described provisions. Upon a finding by the board that the University of California violated those provisions, the university would be liable to the employee organization for a penalty of $1,000 for each affected employee and for all attorneys fees and costs incurred in bringing the claim.Existing law creates the Division of Labor Standards Enforcement within the Department of Industrial Relations. Existing law provides that an executive officer, known as the Chief of the Division of Labor Standards Enforcement, shall be appointed by the Governor, and serve at the pleasure of the Director of Industrial Relations, as specified.This bill would make a nonsubstantive change to those provisions.
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30		-	Existing law prohibits a public employer from deterring or discouraging public employees or applicants to be public employees from becoming or remaining members of an employee organization, authorizing representation by an employee organization, or authorizing dues or fee deductions to an employee organization. Existing law generally vests jurisdiction over violations of these provisions in the Public Employment Relations Board.
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32		-	This bill would authorize an employee organization to bring a claim before the Public Employment Relations Board alleging that the University of California violated the above-described provisions. Upon a finding by the board that the University of California violated those provisions, the university would be liable to the employee organization for a penalty of $1,000 for each affected employee and for all attorneys fees and costs incurred in bringing the claim.
	28	+	Existing law creates the Division of Labor Standards Enforcement within the Department of Industrial Relations. Existing law provides that an executive officer, known as the Chief of the Division of Labor Standards Enforcement, shall be appointed by the Governor, and serve at the pleasure of the Director of Industrial Relations, as specified.This bill would make a nonsubstantive change to those provisions.
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34	30		Existing law creates the Division of Labor Standards Enforcement within the Department of Industrial Relations. Existing law provides that an executive officer, known as the Chief of the Division of Labor Standards Enforcement, shall be appointed by the Governor, and serve at the pleasure of the Director of Industrial Relations, as specified.
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38	32		This bill would make a nonsubstantive change to those provisions.
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42	34		## Digest Key
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44	36		## Bill Text
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46		-	The people of the State of California do enact as follows:SECTION 1. Section 3551.5 is added to the Government Code, to read:3551.5. An employee organization may bring a claim before the Public Employment Relations Board alleging that the University of California violated Section 3550. Upon a finding by the board that the University of California violated Section 3550, the university shall be liable to the employee organization for a penalty of one thousand dollars ($1,000) per each affected employee and for attorneys fees and costs incurred in bringing the claim.SECTION 1.Section 79 of the Labor Code is amended to read:79.There is in the Department of Industrial Relations the Division of Labor Standards Enforcement. The division shall be under the direction of an executive officer known as the Chief, Division of Labor Standards Enforcement, who shall be appointed by the Governor, subject to confirmation of the Senate, and shall hold office at the pleasure of the Director of Industrial Relations. The annual salary of the chief shall be determined by the Department of Finance.
	38	+	The people of the State of California do enact as follows:SECTION 1. Section 79 of the Labor Code is amended to read:79. There is in the Department of Industrial Relations the Division of Labor Standards Enforcement. The Division of Labor Standards Enforcement division shall be under the direction of an executive officer known as the Chief, Division of Labor Standards Enforcement, who shall be appointed by the Governor, subject to confirmation of the Senate, and shall hold office at the pleasure of the Director of Industrial Relations. The annual salary of the chief shall be determined by the Department of Finance.
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48	40		The people of the State of California do enact as follows:
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50	42		## The people of the State of California do enact as follows:
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52		-	SECTION 1. Section ~~3551.5~~ is ~~added to the Government Code,~~ to read:~~3551~~.5. An ~~employee organization may bring a claim before~~ the ~~Public Employment Relations Board alleging that the University~~ of ~~California violated Section 3550.~~ ~~Upon a finding~~ by the ~~board that~~ the ~~University~~ of ~~California violated Section 3550,~~ the ~~university~~ shall be ~~liable to~~ the ~~employee organization for a penalty~~ of ~~one thousand dollars ($1,000) per each affected employee and for attorneys fees and costs incurred in bringing the claim~~.
	44	+	SECTION 1. Section 79 of the Labor Code is amended to read:79. There is in the Department of Industrial Relations the Division of Labor Standards Enforcement. The Division of Labor Standards Enforcement division shall be under the direction of an executive officer known as the Chief, Division of Labor Standards Enforcement, who shall be appointed by the Governor, subject to confirmation of the Senate, and shall hold office at the pleasure of the Director of Industrial Relations. The annual salary of the chief shall be determined by the Department of Finance.
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54		-	SECTION 1. Section ~~3551.5~~ is ~~added to the Government Code,~~ to read:
	46	+	SECTION 1. Section 79 of the Labor Code is amended to read:
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56	48		### SECTION 1.
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58		-	~~3551~~.5. An ~~employee organization may bring a claim before~~ the ~~Public Employment Relations Board alleging that the University~~ of ~~California violated Section 3550.~~ ~~Upon a finding~~ by the ~~board that~~ the ~~University~~ of ~~California violated Section 3550,~~ the ~~university~~ shall be ~~liable to~~ the ~~employee organization for a penalty~~ of ~~one thousand dollars ($1,000) per each affected employee and for attorneys fees and costs incurred in bringing the claim~~.
	50	+	79. There is in the Department of Industrial Relations the Division of Labor Standards Enforcement. The Division of Labor Standards Enforcement division shall be under the direction of an executive officer known as the Chief, Division of Labor Standards Enforcement, who shall be appointed by the Governor, subject to confirmation of the Senate, and shall hold office at the pleasure of the Director of Industrial Relations. The annual salary of the chief shall be determined by the Department of Finance.
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60		-	~~3551~~.5. An ~~employee organization may bring a claim before~~ the ~~Public Employment Relations Board alleging that the University~~ of ~~California violated Section 3550.~~ ~~Upon a finding~~ by the ~~board that~~ the ~~University~~ of ~~California violated Section 3550,~~ the ~~university~~ shall be ~~liable to~~ the ~~employee organization for a penalty~~ of ~~one thousand dollars ($1,000) per each affected employee and for attorneys fees and costs incurred in bringing the claim~~.
	52	+	79. There is in the Department of Industrial Relations the Division of Labor Standards Enforcement. The Division of Labor Standards Enforcement division shall be under the direction of an executive officer known as the Chief, Division of Labor Standards Enforcement, who shall be appointed by the Governor, subject to confirmation of the Senate, and shall hold office at the pleasure of the Director of Industrial Relations. The annual salary of the chief shall be determined by the Department of Finance.
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62		-	~~3551~~.5. An ~~employee organization may bring a claim before~~ the ~~Public Employment Relations Board alleging that the University~~ of ~~California violated Section 3550.~~ ~~Upon a finding~~ by the ~~board that~~ the ~~University~~ of ~~California violated Section 3550,~~ the ~~university~~ shall be ~~liable to~~ the ~~employee organization for a penalty~~ of ~~one thousand dollars ($1,000) per each affected employee and for attorneys fees and costs incurred in bringing the claim~~.
	54	+	79. There is in the Department of Industrial Relations the Division of Labor Standards Enforcement. The Division of Labor Standards Enforcement division shall be under the direction of an executive officer known as the Chief, Division of Labor Standards Enforcement, who shall be appointed by the Governor, subject to confirmation of the Senate, and shall hold office at the pleasure of the Director of Industrial Relations. The annual salary of the chief shall be determined by the Department of Finance.
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66		-	3551.5. An employee organization may bring a claim before the Public Employment Relations Board alleging that the University of California violated Section 3550. Upon a finding by the board that the University of California violated Section 3550, the university shall be liable to the employee organization for a penalty of one thousand dollars ($1,000) per each affected employee and for attorneys fees and costs incurred in bringing the claim.
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72		-	There is in the Department of Industrial Relations the Division of Labor Standards Enforcement. The division shall be under the direction of an executive officer known as the Chief, Division of Labor Standards Enforcement, who shall be appointed by the Governor, subject to confirmation of the Senate, and shall hold office at the pleasure of the Director of Industrial Relations. The annual salary of the chief shall be determined by the Department of Finance.
	58	+	79. There is in the Department of Industrial Relations the Division of Labor Standards Enforcement. The Division of Labor Standards Enforcement division shall be under the direction of an executive officer known as the Chief, Division of Labor Standards Enforcement, who shall be appointed by the Governor, subject to confirmation of the Senate, and shall hold office at the pleasure of the Director of Industrial Relations. The annual salary of the chief shall be determined by the Department of Finance.