Existing law, with certain exceptions, requires the payment of not less than the general prevailing rate of per diem wages, for work of a similar character in the locality in which a public works project is performed, to all workers employed on a public works project. With respect to the extension of public works, existing law extends preference for employment first to California citizens, next to citizens of other states who are in California at the time of application, and next to aliens who are in California at the time of application. Existing law defines alien as any person who is not a born or fully naturalized citizen of the United States.

Under existing law, the Department of Finance is required to ascertain and secure from state agencies tentative plans for the extension of public works that are best adapted to supply increased opportunities for advantageous public labor during periods of temporary unemployment in the state. These employment opportunities are available according to the hiring preferences described above.

This bill would repeal this definition of alien and the provision requiring those preferences to be applied to the extension of public works employment during periods of unemployment in the state.

Existing law, with certain exceptions, requires the payment of not less than the general prevailing rate of per diem wages, for work of a similar character in the locality in which a public works project is performed, to all workers employed on a public works project. With respect to the extension of public works, existing law extends preference for employment first to California citizens, next to citizens of other states who are in California at the time of application, and next to aliens who are in California at the time of application. Existing law defines alien as any person who is not a born or fully naturalized citizen of the United States.

Under existing law, the Department of Finance is required to ascertain and secure from state agencies tentative plans for the extension of public works that are best adapted to supply increased opportunities for advantageous public labor during periods of temporary unemployment in the state. These employment opportunities are available according to the hiring preferences described above.

This bill would repeal this definition of alien and the provision requiring those preferences to be applied to the extension of public works employment during periods of unemployment in the state.

Existing law, with certain exceptions, requires the payment of not less than the general prevailing rate of per diem wages, for work of a similar character in the locality in which a public works project is performed, to all workers employed on a public works project. With respect to the extension of public works, existing law extends preference for employment first to California citizens, next to citizens of other states who are in California at the time of application, and next to aliens who are in California at the time of application. Existing law defines alien as any person who is not a born or fully naturalized citizen of the United States.

This bill would repeal this definition of alien. alien and the provision requiring those preferences to be applied to the extension of public works employment during periods of unemployment in the state.

Existing law, with certain exceptions, requires the payment of not less than the general prevailing rate of per diem wages, for work of a similar character in the locality in which a public works project is performed, to all workers employed on a public works project. With respect to the extension of public works, existing law extends preference for employment first to California citizens, next to citizens of other states who are in California at the time of application, and next to aliens who are in California at the time of application. Existing law defines alien as any person who is not a born or fully naturalized citizen of the United States.

This bill would repeal this definition of alien.

SENATE THIRD READING

STR Bill Id:SB 432

Author:(Mendoza)

As Amended Ver:April 27, 2015

Majority vote

SENATE VOTE: 35-0

SUMMARY: Deletes the definition of "alien" from the Labor Code to describe any person who is not born in or a fully naturalized citizen of the United States and also deletes a prescribed order for the issuance of employment under public works contracts in the limited instance of extraordinary unemployment, as specified.

EXISTING FEDERAL LAW:

1. States that it is illegal for a person or other entity to "knowingly" hire, recruit, or refer for employment an unauthorized individual or any individual without complying with specified employment verification procedures.

2. Requires employers to verify that every new hire is either a United States (U.S.) citizen or authorized to work in the U.S.

3. Requires that all employers have new employees complete form I-9, Employment Eligibility Verification, upon hire.

EXISTING STATE LAW:

1. States that all protections, rights, and remedies available under state law, except any reinstatement remedy prohibited by federal law, are available to all individuals regardless of immigration status who have applied for employment, or who are or have been employed in the state. In addition, for purposes of enforcing state labor and employment laws, a person's immigration status is irrelevant to the issue of liability or in proceedings, where no inquiry is permitted into a person's immigration status except where the person seeking the inquiry has shown, by clear and convincing evidence, that the inquiry is necessary in order to comply with federal immigration law.

2. Prohibits an employer from engaging in (or directing another person or entity to engage in) unfair immigration-related practices against any person for the purpose of, or with the intent of, retaliating against any person for exercising any right protected under Labor Code or by any local ordinance applicable to employees. "Unfair immigration-related practice" means any of the following practices when undertaken for retaliatory purposes:

   1. Requesting more or different employment verification documents than are required under law, or refusing to honor documents that on their face reasonably appear to be genuine.

   2. Using the federal E-Verify system to check the employment authorization status of a person at a time or in a manner not required under federal law, or not authorized under any memorandum of understanding governing the use of the federal E-Verify system.

   3. Threatening to file or the filing of a false police report, or a false report or complaint with any state or federal agency.

   4. Threatening to contact or contacting immigration authorities.

FISCAL EFFECT: None

COMMENTS: According to the author, the U.S. is a country of immigrants who not only form an integral part of our culture and society, but are also critical contributors to our economic success. Immigrants work and pay taxes, as well as-create new products, businesses, and technologies, which generate jobs for all Americans. Additionally, the author points out, the Bureau of Labor Statistics (BLS) Report "Foreign-Born Workers: Labor Force Characteristics in 2013", there were 25.3 million foreign-born persons in the U.S. labor force, comprising 16.3% of the total workforce. The BLS Report also noted that foreign-born workers were more likely than native-born workers to be employed in service occupations. Furthermore, the U.S. Department of Treasury notes that immigrants own 10.8% of all firms with employees thus providing job opportunities for thousands of Americans.

In 1937, the state Legislature enacted various provisions regarding the employment of "aliens," who are defined as any person who is not born in or a fully naturalized citizen of the U.S. The Legislature repealed most of these Labor Code statutes in 1970. However, the definition for "alien" was not repealed and is still found in the Labor Code. Under current law, all employment protections, rights, and remedies available under state law, except as prohibited by federal law, are available to all individuals regardless of immigration status. Over the last few years, bills have been signed into law, which have strengthened labor law protections for immigrant workers.

Proponents argue that California is among the top destination states for immigrants in the U.S. and given the abundant evidence of their many contributions, the author believes it is imperative that any derogative references to foreign-born individuals be repealed from state law. Further, proponents argue that the word "alien" and any statutes prescribing an order for the issuance of employment to "aliens" has no place in the laws of our state and more importantly, should never be the basis of an employment hiring protocol.

No opposition on file.

Analysis Prepared by: Lorie Alvarez / L. & E. / (916) 319-2091 FN: 0001076

Date of Hearing: June 24, 2015

ASSEMBLY COMMITTEE ON LABOR AND EMPLOYMENT

Roger Hernández, Chair

SBPCA Bill Id:SB 432

Author:(Mendoza) – As Amended Ver:April 27, 2015

SENATE VOTE: 35-0

SUBJECT: Public works: aliens.

SUMMARY: Deletes the definition of “alien” from the Labor Code to describe any person who is not born in or a fully naturalized citizen of the United States and also deletes a prescribed order for the issuance of employment under public works contracts in the limited instance of extraordinary unemployment, as specified.

EXISTING FEDERAL LAW:

1. States that it is illegal for a person or other entity to “knowingly” hire, recruit, or refer for employment an unauthorized individual or any individual without complying with specified employment verification procedures.

2. Requires employers to verify that every new hire is either a U.S. citizen or authorized to work in the U.S.

3. Requires that all employers have new employees complete form I-9, Employment Eligibility Verification, upon hire.

EXISTING STATE LAW:

1. States that all protections, rights, and remedies available under state law, except any reinstatement remedy prohibited by federal law, are available to all individuals regardless of immigration status who have applied for employment, or who are or have been employed in the state. In addition, for purposes of enforcing state labor and employment laws, a person’s immigration status is irrelevant to the issue of liability or in proceedings, where no inquiry is permitted into a person’s immigration status except where the person seeking the inquiry has shown, by clear and convincing evidence, that the inquiry is necessary in order to comply with federal immigration law.

2. Prohibits an employer from engaging in (or directing another person or entity to engage in) unfair immigration-related practices against any person for the purpose of, or with the intent of, retaliating against any person for exercising any right protected under Labor Code or by any local ordinance applicable to employees. “Unfair immigration-related practice” means any of the following practices when undertaken for retaliatory purposes:

   1. Requesting more or different employment verification documents than are required under law, or refusing to honor documents that on their face reasonably appear to be genuine.

   2. Using the federal E-Verify system to check the employment authorization status of a person at a time or in a manner not required under federal law, or not authorized under any memorandum of understanding governing the use of the federal E-Verify system.

   3. Threatening to file or the filing of a false police report, or a false report or complaint with any state or federal agency.

   4. Threatening to contact or contacting immigration authorities.

FISCAL EFFECT: None

COMMENTS: According to the author, the U.S. is a country of immigrants who not only form an integral part of our culture and society, but are also critical contributors to our economic success. Immigrants work and pay taxes, as well as-create new products, businesses, and technologies, which generate jobs for all Americans. Additionally, the author points out, the Bureau of Labor Statistics (BLS) Report “Foreign-Born Workers: Labor Force Characteristics in 2013”, there were 25.3 million foreign-born persons in the U.S. labor force, comprising 16.3 percent of the total workforce. The BLS Report also noted that foreign-born workers were more likely than native-born workers to be employed in service occupations. Furthermore, the U.S. Department of Treasury notes that immigrants own 10.8 percent of all firms with employees thus providing job opportunities for thousands of Americans.

In 1937, the state Legislature enacted various provisions regarding the employment of “aliens,” who are defined as any person who is not born in or a fully naturalized citizen of the U.S. The Legislature repealed most of these Labor Code statutes in 1970. However, the definition for “alien” was not repealed and is still found in the Labor Code. Under current law, all employment protections, rights, and remedies available under state law, except as prohibited by federal law, are available to all individuals regardless of immigration status. Over the last few years, bills have been signed into law, which have strengthened labor law protections for immigrant workers.

Proponents argue that California is among the top destination states for immigrants in the U.S. and given the abundant evidence of their many contributions, the author believes it is imperative that any derogative references to foreign-born individuals be repealed from state law. Further, proponents argue that the word “alien” and any statutes prescribing an order for the issuance of employment to “aliens” has no place in the laws of our state and more importantly, should never be the basis of an employment hiring protocol.

REGISTERED SUPPORT / OPPOSITION:

Support

California Applicants’ Attorneys Association

California Rural Legal Assistance Foundation

MALDEF

National Association of Social Workers, CA

Northern CA District Council of International Longshore and Warehouse Union

Opposition

None on file.

Analysis Prepared by: Lorie Alvarez / L. & E. / (916) 319-2091

 THIRD READING  

Bill No: SB 432

Author: Mendoza (D)

Amended: 4/27/15

Vote: 21

SENATE LABOR & IND. REL. COMMITTEE: 5-0, 4/8/15

AYES: Mendoza, Stone, Jackson, Leno, Mitchell

SUBJECT: Public works: aliens

SOURCE: Author

DIGEST: This bill deletes the definition of “alien” from the Labor Code to describe any person who is not a born or fully naturalized citizen of the United States. This bill also deletes a prescribed order for the issuance of employment under public works contracts in the limited instance of extraordinary unemployment, as specified.

Senate Floor Amendments of 4/27/15 repeal a section of the Labor Code that prescribes an order for the issuance of unemployment under public works contracts in the limited instance of extraordinary unemployment, as specified.

ANALYSIS:

Existing federal law:

1. States that it is illegal for a person or other entity to “knowingly” hire, recruit, or refer for employment an unauthorized individual or any individual without complying with specified employment verification procedures.

2. Requires employers to verify that every new hire is either a U.S. citizen or authorized to work in the U.S.

3. Requires that all employers have new employees complete form I-9, Employment Eligibility Verification, upon hire.

Existing state law:

1. States that all protections, rights, and remedies available under state law, except any reinstatement remedy prohibited by federal law, are available to all individuals regardless of immigration status who have applied for employment, or who are or have been employed in the state. In addition, for purposes of enforcing state labor and employment laws, a person’s immigration status is irrelevant to the issue of liability or in proceedings, where no inquiry is permitted into a person’s immigration status except where the person seeking the inquiry has shown, by clear and convincing evidence, that the inquiry is necessary in order to comply with federal immigration law. (Labor Code § 1171.5; Civil Code § 3339; Health and Safety Code § 24000; Government Code § 7285)

2. Prohibits an employer from engaging in (or directing another person or entity to engage in) unfair immigration-related practices against any person for the purpose of, or with the intent of, retaliating against any person for exercising any right protected under Labor Code or by any local ordinance applicable to employees. “Unfair immigration-related practice” means any of the following practices when undertaken for retaliatory purposes (Labor Code § 1019):

   1. Requesting more or different employment verification documents than are required under law, or refusing to honor documents that on their face reasonably appear to be genuine.

   2. Using the federal E-Verify system to check the employment authorization status of a person at a time or in a manner not required under federal law, or not authorized under any memorandum of understanding governing the use of the federal E-Verify system.

   3. Threatening to file or the filing of a false police report, or a false report or complaint with any state or federal agency.

   4. Threatening to contact or contacting immigration authorities.

This bill:

1. Deletes the definition of “alien” from the Labor Code to describe any person who is not a born or fully naturalized citizen of the U.S.

2. Deletes a code section which specifies that under a period of extraordinary unemployment caused by an industrial depression, the preference of employment in public works projects shall be extended as follows: first, to citizens of this State; second, to citizens of other States within the U.S., who are within the State at the time of making application; and third, to aliens who are within the State at the time of application.

Background

In 1937, the Legislature enacted various provisions regarding the employment of “aliens,” who are defined as any person who is not a born or fully naturalized citizen of the U.S. The Legislature repealed most of these Labor Code statutes in 1970. The definition for “alien” was not repealed and is still found in the Labor Code. Under current law, all employment protections, rights, and remedies available under state law, except as prohibited by federal law, are available to all individuals regardless of immigration status. Over the last few years, several bills have been passed and signed into law which has strengthened labor law protections for immigrant workers.

This bill continues these efforts by repealing from the Labor Code the term “alien” as a definition for an immigrant individual.

This bill also strikes from the Labor Code an outdated requirement that prescribes an order for the issuance of employment under public works contracts first to citizens of the U.S., second to citizens of other States in the U.S., and third to aliens.

FISCAL EFFECT: Appropriation: No Fiscal Com.: No Local: No

SUPPORT: (Verified 4/28/15)

California Applicants’ Attorneys Association

California Rural Legal Assistance Foundation

OPPOSITION: (Verified 4/28/15)

None received

ARGUMENTS IN SUPPORT: According to the author, the U.S. is a country of immigrants who not only form an integral part of our culture and society, but are also critical contributors to our economic success. Immigrants work and pay taxes as well as create new products, businesses, and technologies which generate jobs for all Americans. According to the Bureau of Labor Statistics (BLS), in 2013, there were 25.3 million foreign-born persons in the U.S. labor force, comprising 16.3 percent of the total (BLS, “Foreign-Born Workers: Labor Force Characteristics in 2013”). The BLS also found that foreign-born workers were more likely than native-born workers to be employed in service occupations. Furthermore, the U.S. Department of Treasury notes that immigrants own 10.8 percent of all firms with employees, providing job opportunities for thousands of Americans. Proponents argue that California is among the top destination states for immigrants in the U.S. and given the abundant evidence of their many contributions, the author believes it is imperative that any derogative references to foreign-born individuals be repealed from state law. Further, proponents argue that the word “alien,” and any statutes prescribing an order for the issuance of employment to “aliens,” has no place in the laws of our state and more importantly, should never be the basis of an employment hiring protocol.

Prepared by: Alma Perez / L. & I.R. / (916) 651-1556

4/29/15 16:07:41

**** END ****

 THIRD READING  

Bill No: SB 432

Author: Mendoza (D)

Introduced: 2/25/15

Vote: 21

SENATE LABOR & IND. REL. COMMITTEE: 5-0, 4/8/15

AYES: Mendoza, Stone, Jackson, Leno, Mitchell

SUBJECT: Public works: aliens

SOURCE: Author

DIGEST: This bill deletes the definition of “alien” from the Labor Code to describe any person who is not a born or fully naturalized citizen of the United States.

ANALYSIS:

Existing federal law:

1. States that it is illegal for a person or other entity to “knowingly” hire, recruit, or refer for employment an unauthorized individual or any individual without complying with specified employment verification procedures.

2. Requires employers to verify that every new hire is either a U.S. citizen or authorized to work in the U.S.

3. Requires that all employers have new employees complete form I-9, Employment Eligibility Verification, upon hire.

Existing state law:

1. States that all protections, rights, and remedies available under state law, except any reinstatement remedy prohibited by federal law, are available to all individuals regardless of immigration status who have applied for employment, or who are or have been employed in the state. In addition, for purposes of enforcing state labor and employment laws, a person’s immigration status is irrelevant to the issue of liability or in proceedings, where no inquiry is permitted into a person’s immigration status except where the person seeking the inquiry has shown, by clear and convincing evidence, that the inquiry is necessary in order to comply with federal immigration law. (Labor Code § 1171.5; Civil Code § 3339; Health and Safety Code § 24000; Government Code § 7285)

2. Prohibits an employer from engaging in (or directing another person or entity to engage in) unfair immigration-related practices against any person for the purpose of, or with the intent of, retaliating against any person for exercising any right protected under Labor Code or by any local ordinance applicable to employees. “Unfair immigration-related practice” means any of the following practices when undertaken for retaliatory purposes (Labor Code § 1019):

1. Requesting more or different employment verification documents than are required under law, or refusing to honor documents that on their face reasonably appear to be genuine.

2. Using the federal E-Verify system to check the employment authorization status of a person at a time or in a manner not required under federal law, or not authorized under any memorandum of understanding governing the use of the federal E-Verify system.

3. Threatening to file or the filing of a false police report, or a false report or complaint with any state or federal agency.

4. Threatening to contact or contacting immigration authorities.

This bill deletes the definition of “alien” from the Labor Code to describe any person who is not a born or fully naturalized citizen of the U.S.

Background

In 1937, the Legislature enacted various provisions regarding the employment of “aliens,” who are defined as any person who is not a born or fully naturalized citizen of the U.S. The Legislature repealed most of these Labor Code statutes in 1970. The definition for “alien” was not repealed and is still found in the Labor Code. Under current law, all employment protections, rights, and remedies available under state law, except as prohibited by federal law, are available to all individuals regardless of immigration status. Over the last few years, several bills have been passed and signed into law which has strengthened labor law protections for immigrant workers.

This bill continues these efforts by repealing from the Labor Code the term “alien” as a definition for an immigrant individual.

FISCAL EFFECT: Appropriation: No Fiscal Com.: No Local: No

SUPPORT: (Verified 4/8/15)

California Applicants’ Attorneys Association

California Rural Legal Assistance Foundation

OPPOSITION: (Verified 4/8/15)

None received

ARGUMENTS IN SUPPORT: According to the author, the U.S. is a country of immigrants who not only form an integral part of our culture and society, but are also critical contributors to our economic success. Immigrants work and pay taxes as well as create new products, businesses, and technologies which generate jobs for all Americans. According to the Bureau of Labor Statistics (BLS), in 2013, there were 25.3 million foreign-born persons in the U.S. labor force, comprising 16.3 percent of the total (BLS, “Foreign-Born Workers: Labor Force Characteristics in 2013”). The BLS also found that foreign-born workers were more likely than native-born workers to be employed in service occupations. Furthermore, the U.S. Department of Treasury notes that immigrants own 10.8 percent of all firms with employees, providing job opportunities for thousands of Americans. Proponents argue that California is among the top destination states for immigrants in the U.S. and given the abundant evidence of their many contributions, the author believes it is imperative that any derogative references to foreign-born individuals be repealed from state law. Further, proponents argue that the word “alien” has no place in the laws of our state and more importantly, should never be the basis of an employment hiring protocol.

Prepared by: Alma Perez / L. & I.R. / (916) 651-1556

4/10/15 12:06:34

**** END ****

SENATE COMMITTEE ON LABOR AND INDUSTRIAL RELATIONS

Senator Tony Mendoza, Chair

2015 - 2016 Regular

Bill No: SB 432 Hearing Date: April 8, 2015

Subject: Public works: aliens

KEY ISSUE

Should the outdated and derogatory reference to foreign-born individuals as “aliens” be repealed from the Labor Code?

ANALYSIS

Under existing law, it is illegal for a person or other entity to “knowingly” hire, recruit, or refer for employment an unauthorized individual or any individual without complying with specified employment verification procedures. Among other things, the law requires employers to verify that every new hire is either a U.S. citizen or authorized to work in the United States. Existing federal law requires that all employers have new employees complete form I-9, Employment Eligibility Verification, upon hire.

Under existing California law, all protections, rights, and remedies available under state law, except any reinstatement remedy prohibited by federal law, are available to all individuals regardless of immigration status who have applied for employment, or who are or have been employed in the state. In addition, for purposes of enforcing state labor and employment laws, a person’s immigration status is irrelevant to the issue of liability or in proceedings, where no inquiry is permitted into a person’s immigration status except where the person seeking the inquiry has shown, by clear and convincing evidence, that the inquiry is necessary in order to comply with federal immigration law. (Labor Code §1171.5; Civic Code §3339; Health and Safety Code §24000; Government Code §7285)

Existing law prohibits an employer from engaging in (or directing another person or entity to engage in) unfair immigration-related practices against any person for the purpose of, or with the intent of, retaliating against any person for exercising any right protected under Labor Code or by any local ordinance applicable to employees. “Unfair immigration-related practice” means any of the following practices when undertaken for retaliatory purposes (Labor Code §1019):

1. Requesting more or different employment verification documents than are required under law, or refusing to honor documents that on their face reasonably appear to be genuine.

2. Using the federal E-Verify system to check the employment authorization status of a person at a time or in a manner not required under federal law, or not authorized under any memorandum of understanding governing the use of the federal E-Verify system.

3. Threatening to file or the filing of a false police report, or a false report or complaint with any state or federal agency.

4. Threatening to contact or contacting immigration authorities.

This Bill would delete the definition of “alien” to describe any person who is not a born or fully naturalized citizen of the United States.

COMMENTS

1. Need for this bill?

In 1937, the Legislature enacted various provisions regarding the employment of “aliens”, who are defined as any person who is not a born or fully naturalized citizen of the United States. The Legislature repealed most of these Labor Code statutes in 1970. Unfortunately, the definition for “alien” was not repealed and is still found in the Labor Code. Under current law, all employment protections, rights, and remedies available under state law, except as prohibited by federal law, are available to all individuals regardless of immigration status. Over the last few years, several bills have been passed and signed into law which has strengthened labor law protections for immigrant workers. SB 432 would continue these efforts by repealing from the Labor Code the term “alien” as a definition for an immigrant individual.

2. Proponent Arguments:

According to the author, the United States is a country of immigrants who not only form an integral part of our culture and society, but are also critical contributors to our economic success. Immigrants work and pay taxes as well as create new products, businesses, and technologies which generate jobs for all Americans. According to the Bureau of Labor Statistics (BLS), in 2013, there were 25.3 million foreign-born persons in the U.S. labor force, comprising 16.3 percent of the total (Bureau of Labor Statistics, “Foreign-Born Workers: Labor Force Characteristics in 2013”). The BLS also found that foreign-born workers were more likely than native-born workers to be employed in service occupations. Furthermore, the U.S. Department of Treasure notes that immigrants own 10.8 percent of all firms with employees, providing job opportunities for thousands of Americans. Proponents aruge that California is among the top destination states for immigrants in the U.S. and given the abundant evidence of their many contributions, the author believes it is imperative that any derogative references to foreign-born individuals be repealed from state law.

3. Opponent Arguments:

None received.

SUPPORT

California Applicants’ Attorney Association

California Rural Legal Assistance Foundation

OPPOSITION

None on File.

-- END --