California Senate Bill SB646

California 2021-2022 Regular Session

• Introduced: 2/19/21
• Refer: 3/3/21
• Refer: 3/10/21
• Refer: 3/18/21
• Report Pass: 4/27/21
• Refer: 4/27/21
• Engrossed: 5/13/21
• Refer: 5/20/21
• Refer: 6/21/21
• Refer: 6/24/21
• Report Pass: 7/6/21
• Refer: 7/6/21
• Refer: 7/7/21
• Report Pass: 7/13/21
• Refer: 7/14/21
• Report Pass: 8/26/21
• Refer: 9/3/21
• Enrolled: 9/9/21
• Chaptered: 9/27/21
• Passed: 9/27/21

Caption

Labor Code Private Attorneys General Act of 2004: janitorial employees.

Impact

The bill aims to streamline processes for janitorial employees by allowing them to resolve disputes without resorting to the traditional civil penalties that usually must be navigated via the Labor and Workforce Development Agency. Under this new framework, if employees are covered by a collective bargaining agreement, they can follow the grievance and arbitration processes outlined in that agreement to address workplace violations, thus bolstering their labor rights within the industry for the duration of their contracts.

Summary

Senate Bill No. 646, also known as SB646, addresses the rights of janitorial employees under the Labor Code Private Attorneys General Act of 2004. The bill creates a specific exception for janitorial employees represented by a labor organization that has represented them prior to January 1, 2021. It allows these employees to work under a valid collective bargaining agreement until July 1, 2028, protecting their rights in the workplace while modifying the provisions of the Private Attorneys General Act as they pertain to their claims for violations of labor laws.

Sentiment

General sentiment around SB646 seems to be supportive from labor organizations, as it provides enhanced protections for janitorial workers, which is often a vulnerable workforce within the broader labor market. However, some concerns have been raised about whether the limitations imposed by the bill (namely, its expiration and specific criteria for coverage) might leave certain workers without necessary protections down the line, leading to a polarized view among different stakeholders.

Contention

Notably, one point of contention regarding SB646 revolves around the restriction of its applicability. Critics argue that janitorial employees not represented by certain labor organizations may still face hardships without the ability to access the same grievance procedures. The bill is seen as a mixed bag; while it secures protections for specific classes, it risks creating disparities among janitorial workers based on their representation status and the timing of their employment agreements.