THIRD READING  

Bill No: AB 1867

Author: Committee on Budget

Amended: 8/28/20 in Senate

Vote: 21

SENATE BUDGET & FISCAL REVIEW COMMITTEE: 13-5, 8/29/20

AYES: Mitchell, Beall, Caballero, Durazo, Hertzberg, Hurtado, Leyva, McGuire, Monning, Pan, Roth, Skinner, Wieckowski

NOES: Nielsen, Dahle, Melendez, Moorlach, Morrell

ASSEMBLY FLOOR: Not relevant

SUBJECT: Small employer family leave mediation: handwashing: supplemental paid sick leave

SOURCE: Author

DIGEST:

This bill implements the labor provisions associated with the Budget Act.

ANALYSIS: Existing federal law, pursuant to the Families First Coronavirus Response Act (FFCRA), provides up to two weeks of paid sick leave to all employees of employers of 500 or less employees for specified reasons related to COVID-19 at with specified rate of pay. The FFCRA authorizes a health care or emergency responder employer to exclude certain health care providers and emergency responders from these provisions. Additionally, the FFCRA authorizes the Secretary of Labor to issue regulations to exclude certain health care providers and emergency responders from this, including allowing an employer of these workers to opt out. The FFCRA sunset on December 31, 2020.

Existing state law:

1. Provides, under the Healthy Workplaces, Healthy Families Act of 2014, that an employee who works for the same employer for 30 or more days within a year from the commencement of employment is entitled to a minimum of 24 hours or three paid sick days on the 120^th calendar day of employment.
2. Provides that an employer is not required to provide additional paid sick leave if the employer has a paid leave policy or paid time off policy and makes available an amount of leave to employees under the same conditions and the policy satisfies the accrual, carryover, and use requirements described in existing law.
3. Requires an employer, in each workplace of the employer, to display a poster in a conspicuous place containing specified information on paid sick days.
4. Establishes the Labor Commissioner’s Office within the Department of Industrial Relations to, among other things, enforce wage, overtime, and sick leave laws.
5. Requires the Labor Commissioner to enforce the paid sick leave provisions and provides for procedures, including investigation and hearing, and for remedies and penalties.
6. Requires, pursuant to Executive Order N-51-20, a hiring entity with 500 or more employees to provide an eligible food sector worker supplemental paid sick leave related to COVID-19, as specified. The Executive Order also permits employees working in any food facility to wash their hands every 30 minutes and additionally if needed.

This bill makes various statutory changes to implement COVID-19 food sector supplemental paid sick leave (SPSL), and COVID-19 SPSL for workers including active firefighters, and healthcare providers, as specified. This bill also requires the Labor Commissioner to enforce the new COVID-19 SPSL requirements. This bill also establishes a small employer family leave mediation pilot at the Department of Fair Employment and Housing (DFEH). Specifically, this bill:

1. Hand Washing. Requires a food employee working in any food facility, as defined, to be permitted to wash their hands every 30 minutes and additionally as needed.
2. Small Employer Family Leave Mediation. Creates a Small Employer Family Leave Mediation pilot at the DFEH. This pilot program would allow a small employer or employee, within 30 days of receipt or obtaining of a right-to-sue notice, to request all parties to participate in DFEH’s dispute resolution division. If an employer or employee requests mediation, the employee shall not pursue any civil action until the mediation is complete. Additionally, the employee’s statute of limitation on claims will be tolled until the mediation is complete, as specified. This pilot program will sunset on January 1, 2024, and is contingent upon enactment of SB 1383 (Jackson) regarding unlawful employment practice relating to family leave.

COVID – 19 Food Sector Supplemental Paid Sick Leave

1. Creates the COVID-19 Food Sector Supplemental Paid Sick Leave which requires up to two weeks of COVID-19 SPSL for food sector workers, as defined, at hiring entities with 500 or more workers.
2. Defines a food sector worker to mean any person who leaves their home or place of residents to work and also satisfies one or more of the following criteria:
3. The person works in an industry or occupation identified in specified Industrial Wage Commission Orders, including canning, freezing, preserving, industries handling products after harvest, industries preparing agricultural products for market on the farm, and agricultural occupation, as specified.
4. The person works for a hiring entity that operates a food facility, as specified.
5. The person delivers food from a food facility, as specified, for or through a hiring entity.
6. Defines a hiring entity as a private sole proprietorship or any kind of private entity that has 500 or more employees in the United States.
7. Specifies that the hiring entity shall provide COVID-19 Food Sector SPSL to food sector workers that are unable to work because they are:
   1. Subject to a federal, state, or local quarantine or isolation order related to COVID-19, or
   2. Advised by a health care provider to self-quarantine or self-isolate due to concerns related to COVID-19, or
   3. Prohibited from working by the food sector worker’s hiring entity due to health concerns related to the potential transmission of COVID-19.
8. Requires a hiring entity to provide 80 hours of COVID-19 Food Sector SPSL for each food sector worker who are either considered full-time, or has worked or were scheduled to work for at least 40 hours for the employer in the two weeks preceding the date the employee took the SPSL.
9. Requires a hiring entity to provide a food sector worker who has a normal weekly schedule, but do not qualify for the above, to provide the same number of COVID-19 Food Sector SPSL hours as the total number of hours the worker was normally scheduled to work over two weeks.
10. Requires a hiring entity to provide a food sector worker with variable number of work hours, 14 times the average number of hours the worker worked each day in the six months prior to the date the worker took SPSL. For food sector workers that have worked for fewer than six months, this calculation shall be made over the entire period the worker started at the hiring entity.
11. Specifies that the total number of COVID-19 food sector SPSL is in addition to any paid sick leave available to the food sector worker under existing law as specified, but is not in addition to the supplemental paid sick leave available under Executive Order N-51-20.
12. Authorizes a food sector worker to determine how many hours of COVID-19 food sector SPSL to use, up to the total number of hours to which the worker is entitled to. These hours shall be made available for immediate use upon request by the worker to the hiring entity.
13. Establishes the rate of compensation for the SPSL to be the highest of the food sector worker’s regular rate of pay in the last pay period, the state minimum wage, or an applicable local minimum wage, up to a daily and aggregate total maximum payments.
14. Specifies that the hiring entity shall not require the food sector worker to use any other paid or unpaid leave, time off or vacation time before the worker uses COVID-19 food sector SPSL or in lieu of the SPSL.
15. Specifies that if a hiring entity already provides the food sector worker with a supplemental benefit for the same COVID-19 related reasons as described above, and that would compensate the worker in an amount equal to or greater than the amount the worker would receive under the SPSL, then the hiring entity may count those hours towards the total number of hours required in this bill.

This bill states that the hiring entities supplemental benefits does not include paid sick days that workers are currently entitled under existing law, however it may include hours that were already provided under Executive Order N-51-20 or supplemental leave provided pursuant to federal or local laws for the same purpose as COVID-19 related reasons described above.

1. Requires the Labor Commissioner to enforce the bill provisions as if its COVID-19 food sector SPSL provisions were paid sick days, paid sick leave, or sick leave under provisions of existing law and would authorize a food sector worker to file a complaint with the Labor Commissioner.
2. Applies, retroactively, the COVID-19 food sector SPSL to April 16, 2020 and sunsets the requirement on December 31, 2020, or upon the expiration of any federal extension of the Emergency Paid Sick Leave Act established by the Families First Coronavirus Response Act, Public Law 116-127, whichever is later, except that a food sector worker taking COVID-19 food sector supplemental paid sick leave at the time of the expiration of any such proclamation shall be permitted to take the full amount of COVID-19 food sector supplemental paid sick leave to which that food sector worker otherwise would have been entitled under this section.

COVID-19 Supplemental Paid Sick Leave

1. Establishes the COVID-19 SPSL program, to take effect no later than 10 days after the enactment of the bill, for covered workers who leave their place of residence to perform work and are either:
   1. Employed by a hiring entity that has 500 or more employees in the United States, or
   2. Employed as a health care provider or emergency responder, as specified, by a hiring entity, including a public entity, that has elected to exclude such employees from the emergency paid sick leave under the Families First Coronavirus Response Act.
2. Specifies that the COVID-19 SPSL does not include food sector workers, as specified.
3. Defines a hiring entity as either a private sole proprietorship or any kind of private entity that has 500 or more employees in the United States, or an entity, including a public entity that employs health care providers and has elected to exclude such employees from emergency paid sick leave under the Families First Coronavirus Response Act.
4. Specifies that the hiring entity shall provide COVID-19 SPSL to covered workers that are unable to work because the worker is:
   1. Subject to a federal, state, or local quarantine or isolation order related to COVID-19, or
   2. Advised by a health care provider to self-quarantine or self-isolate due to concerns related to COVID-19, or
   3. Prohibited from working by hiring entity due to health concerns related to the potential transmission of COVID-19.
5. Requires a hiring entity to provide 80 hours of SPSL if the worker is either considered as full time, or worked or was scheduled to work on average at least 40 hours per week in the two weeks preceding the date that the worker took SPSL.
6. Requires, notwithstanding the above, a hiring entity to provide an active firefighter, as specified, who was scheduled to work more than 80 hours in the two weeks prior to taking SPSL, the same amount of SPSL as the number of hours that the active firefighter was scheduled to work in those two preceding weeks.
7. Requires a hiring entity to provide SPSL the following hours for workers who do not satisfy the conditions above, as follows:
   1. For workers who have a normal weekly schedule, the hiring entity shall provide the same number of hours that the worker is normally scheduled to work over two weeks,
   2. For workers that have variable hours, the hiring entity shall provide 14 times the average number of hours worked each day in the last six months. For workers that have worked for less than six months, but more than 14 days, this calculation shall be made over the entire period the worker has worked at the hiring entity.
   3. For workers with variable hours, but has worked with the entity for 14 days or less, the hiring entity shall provide the worker with the same number of hours worked.
8. Specifies that the COVID-19 SPSL is in addition to any paid sick leave that the covered worker receives pursuant to existing law.
9. Specifies that the worker may determine how many SPSL to use, and the hiring entity shall make it available for immediate use upon oral or written request by the worker.
10. Establishes the rate of compensation for the SPSL to be the highest of the worker’s regular rate of pay in the last pay period, the state minimum wage, or an applicable local minimum wage, up to daily and aggregate total maximum payments.
11. Prohibits a hiring entity from requiring a worker to use other paid or unpaid leave, paid time off or vacation time before the worker uses SPSL or in lieu of SPSL.
12. Specifies that if a hiring entity already provides a supplemental benefit for the same purposes as specified, and is an equal or greater amount than provided for by the COVID-19 SPSL, then the hiring entity may count the hours of such other benefit towards the hours required by COVID-19 SPSL. The bill specifies that the hiring entity may count paid leave already provided pursuant to Executive Order N-51-20, COVID-19 Food Sector SPSL or other supplemental paid leave provided pursuant to federal or local law for the same purposes.

This bill allows employers who previously provided supplemental paid leave on or after March 4, 2020, to retroactively provide supplemental pay to workers to satisfy the COVID-19 SPSL.

1. Requires the Labor Commissioner to enforce the COVID-19 SPSL as “paid sick days”, “paid sick leave” or “sick leave” under existing law, as specified.
2. Requires the Labor Commissioner by seven days after this bill is effective to make publicly available a model notice for employers to display a poster regarding COVID-19 SPSL. A hiring entity may satisfy this requirement for workers who do not frequent a workplace by disseminating notice through electronic means, such as by electronic mail.
3. Sunsets the requirement to provide COVID-19 SPSL on December 31, 2020 or upon the expiration of any federal extension of the Emergency Paid Sick Leave Act established by the Families First Coronavirus Response Act, Public Law 116-127, whichever is later, except that a covered worker taking COVID-19 supplemental paid sick leave at the time of the expiration of this section shall be permitted to take the full amount of COVID-19 SLsL to which that covered worker otherwise would have been entitled under this section.
4. Specifies that the Labor Commissioner, when enforcing paid sick days laws, may issue citations, file a civil action, and use administrative proceedings set forth in existing law, as specified.

FISCAL EFFECT: Appropriation: Yes Fiscal Com.: Yes Local: Yes

According to the Senate Budget & Fiscal Review Committee, appropriates $100,000 from the Labor and Workforce Development Fund to the Labor Commissioner to implement the provisions of this bill.

SUPPORT: (Verified 8/29/20)

None received

OPPOSITION: (Verified 8/29/20)

None received

Prepared by: Anita Lee / B. & F.R. / 916-651-4103

8/31/20 0:32:08

**** END ****

(Without Reference to File)

CONCURRENCE IN SENATE AMENDMENTS

CSA1 Bill Id:AB 1867

Author:(Committee on Budget)

As Amended Ver:August 28, 2020

Majority vote. Budget Bill Appropriation Takes Effect Immediately

SUMMARY:

This trailer bill makes statutory changes related to paid sick leave and family leave necessary to implement the Budget Act of 2020.

Major Provisions:

Creates a family leave mediation pilot program for small employers (5-19 employees), allowing them (or an employee) to request mediation with the Department of Fair Employment and Housing (DFEH) prior to an employee filing a lawsuit in court. If mediation is requested, the employee may not pursue a lawsuit until mediation is complete. The mediation would be deemed complete when, at any time after the employer or employee's request, the department notifies the parties that further mediation would be futile. Sunset date is January 1, 2024.

1. The small employer family leave mediation pilot would become operative only if SB 1383 (Jackson) is enacted.
2. Requires a food employee working in any food facility to be permitted to wash their hands every 30 minutes and additionally, as needed.
3. Establishes COVID-19 supplemental paid sick leave for food sector workers unable to work due to specified reasons relating to COVID-19.
4. Requires the Labor Commissioner to enforce the COVID-19 food sector supplemental paid sick leave provisions as if those leave provisions were paid sick days under existing law and authorizes a food sector worker to file a complaint with the Labor Commissioner.
5. Establishes COVID-19 supplemental paid sick leave for covered workers including those persons employed by private businesses of 500 or more employees, persons employed as certain types of health care providers, and emergency responders employed by public or private entities, all of whom were excluded from the paid sick leave provisions of the federal Families First Coronavirus Response Act.
6. Requirements to provide COVID-19 food sector supplemental paid sick leave and COVID-19 supplemental paid sick leave for covered workers expire on December 31, 2020, or upon expiration of any federal extension of the Emergency Paid Sick Leave Act established by the federal Families First Coronavirus Response Act, whichever is later.
7. Requires the Labor Commissioner to make available a model notice for COVID-19 supplemental paid sick leave for covered workers and permits electronic posting of this notice if a hiring entities' covered workers do not frequent the workplace.
8. Authorizes the Labor Commissioner to enforce paid sick leave laws by issuing citations or filing civil actions.
9. Appropriates $100,000 from the Labor and Workforce Development Fund to the Labor Commissioner for staffing resources to implement and enforce the provisions related to the COVID-19 supplemental paid sick leave and the COVID-19 food sector supplemental paid sick leave.

COMMENTS:

This bill is a budget trailer bill within the overall 2020-21 budget package to implement actions related to paid sick leave and family leave.

According to the Author:

None on file.

Arguments in Support:

None on file.

Arguments in Opposition:

None on file.

FISCAL COMMENTS:

This bill makes an appropriation by providing $100,000 from the Labor and Workforce Development Fund to the Labor Commissioner for staffing resources to implement and enforce the provisions related to the COVID-19 supplemental paid sick leave and the COVID-19 food sector supplemental paid sick leave.

VOTES:

ASSEMBLY FLOOR: 60-14-5

YES: Aguiar-Curry, Arambula, Bauer-Kahan, Berman, Bloom, Boerner Horvath, Bonta, Burke, Calderon, Carrillo, Cervantes, Chau, Chiu, Chu, Cooley, Cooper, Daly, Eggman, Frazier, Friedman, Gabriel, Cristina Garcia, Eduardo Garcia, Gipson, Gloria, Gonzalez, Gray, Grayson, Holden, Irwin, Jones-Sawyer, Kalra, Kamlager, Levine, Limón, Low, Maienschein, McCarty, Medina, Mullin, Muratsuchi, Nazarian, O'Donnell, Petrie-Norris, Quirk, Quirk-Silva, Ramos, Reyes, Luz Rivas, Robert Rivas, Rodriguez, Blanca Rubio, Salas, Santiago, Mark Stone, Ting, Weber, Wicks, Wood, Rendon

NO: Bigelow, Brough, Cunningham, Megan Dahle, Flora, Fong, Gallagher, Kiley, Lackey, Mayes, Obernolte, Patterson, Voepel, Waldron

ABS, ABST OR NV: Chen, Choi, Diep, Mathis, Smith

UPDATED:

VERSION: August 28, 2020

CONSULTANT: Farra Bracht / BUDGET / (916) 319-2099 FN: 0003635

SENATE COMMITTEE ON BUDGET AND FISCAL REVIEW

Senator Holly Mitchell, Chair

2019 - 2020 Regular

Bill No: AB 1867 Hearing Date: August 29, 2020

Subject: Small employer family leave mediation: handwashing: supplemental paid sick leave

Summary:

This bill implements the labor provisions associated with the Budget Act.

Background:

EXISTING STATE LAW:

1. Provides, under the Healthy Workplaces, Healthy Families Act of 2014, that an employee who works for the same employer for 30 or more days within a year from the commencement of employment is entitled to a minimum of 24 hours or three paid sick days on the 120^th calendar day of employment.
2. Provides that an employer is not required to provide additional paid sick leave if the employer has a paid leave policy or paid time off policy and makes available an amount of leave to employees under the same conditions and the policy satisfies the accrual, carryover, and use requirements described in existing law.
3. Requires an employer, in each workplace of the employer, to display a poster in a conspicuous place containing specified information on paid sick days.
4. Establishes the Labor Commissioner’s Office within the Department of Industrial Relations to, among other things, enforce wage, overtime, and sick leave laws.
5. Requires the Labor Commissioner to enforce the paid sick leave provisions and provides for procedures, including investigation and hearing, and for remedies and penalties.

STATE EXECUTIVE ORDER

1. Executive Order N-51-20 requires a hiring entity with 500 or more employees to provide an eligible food sector worker supplemental paid sick leave related to COVID-19, as specified. The executive order also permitted employees working in any food facility to wash their hands every 30 minutes and additionally if needed.

EXISTING FEDERAL LAW:

1. The Families First Coronavirus Response Act (FFCRA) - Provides up to two weeks of paid sick leave to all employees of employers of 500 or less employees for specified reasons related to COVID-19 at with specified rate of pay.

The FFCRA authorizes a health care or emergency responder employer to exclude certain health care providers and emergency responders from these provisions. Additionally, the FFCRA authorizes the Secretary of Labor to issue regulations to exclude certain health care providers and emergency responders from this, including allowing an employer of these workers to opt out. The FFCRA sunset on December 31, 2020.

Proposed Law:

This bill makes various statutory changes to implement COVID-19 food sector supplemental paid sick leave (SPSL), and COVID-19 SPSL for workers including active firefighters, and healthcare providers, as specified. The bill also requires the Labor Commissioner to enforce the new COVID-19 SPSL requirements. The bill also establishes a small employer family leave mediation pilot at the Department of Fair Employment and Housing. This bill specifically:

1. Hand Washing. Requires a food employee working in any food facility, as defined, to be permitted to wash their hands every 30 minutes and additionally as needed.
2. Small Employer Family Leave Mediation. Creates a Small Employer Family Leave Mediation pilot at the Department of Fair Employment and Housing. This pilot program would allow a small employer or employee, within 30 days of receipt or obtaining of a right-to-sue notice, to request all parties to participate in DFEH’s dispute resolution division. If an employer or employee requests mediation, the employee shall not pursue any civil action until the mediation is complete. Additionally, the employee’s statute of limitation on claims will be tolled until the mediation is complete, as specified. This pilot program will sunset on January 1, 2024, and is contingent upon enactment of Senate Bill 1383 (Jackson) regarding unlawful employment practice relating to family leave.

COVID – 19 Food Sector Supplemental Paid Sick Leave

1. Creates the COVID-19 Food Sector Supplemental Paid Sick Leave which requires up to two weeks of COVID-19 supplemental paid sick leave (SPSL) for food sector workers, as defined, at hiring entities with 500 or more workers.
2. Defines a food sector worker to mean any person who leaves their home or place of residents to work and also satisfies one or more of the following criteria:
   • 1. The person works in an industry or occupation identified in specified Industrial Wage Commission Orders, including canning, freezing, preserving, industries handling products after harvest, industries preparing agricultural products for market on the farm, and agricultural occupation, as specified.
     2. The person works for a hiring entity that operates a food facility, as specified.
     3. The person delivers food from a food facility, as specified, for or through a hiring entity.
3. Defines a hiring entity as a private sole proprietorship or any kind of private entity that has 500 or more employees in the United States.
4. Specifies that the hiring entity shall provide COVID-19 Food Sector SPSL to food sector workers that are unable to work because they are:
   1. Subject to a federal, state, or local quarantine or isolation order related to COVID-19, or
   2. Advised by a health care provider to self-quarantine or self-isolate due to concerns related to COVID-19, or
   3. Prohibited from working by the food sector worker’s hiring entity due to health concerns related to the potential transmission of COVID-19.
5. Requires a hiring entity to provide 80 hours of COVID-19 Food Sector SPSL for each food sector worker who are either considered full-time, or has worked or were scheduled to work for at least 40 hours for the employer in the two weeks preceding the date the employee took the SPSL.
6. Requires a hiring entity to provide a food sector worker who has a normal weekly schedule, but do not qualify for the above, to provide the same number of COVID-19 Food Sector SPSL hours as the total number of hours the worker was normally scheduled to work over two weeks.
7. Requires a hiring entity to provide a food sector worker with variable number of work hours, 14 times the average number of hours the worker worked each day in the six months prior to the date the worker took SPSL. For food sector workers that have worked for fewer than six months, this calculation shall be made over the entire period the worker started at the hiring entity.
8. Specifies that the total number of COVID-19 food sector SPSL is in addition to any paid sick leave available to the food sector worker under existing law as specified, but is not in addition to the supplemental paid sick leave available under Executive Order N-51-20.
9. Authorizes a food sector worker to determine how many hours of COVID-19 food sector SPSL to use, up to the total number of hours to which the worker is entitled to. These hours shall be made available for immediate use upon request by the worker to the hiring entity.
10. Establishes the rate of compensation for the SPSL to be the highest of the food sector worker’s regular rate of pay in the last pay period, the state minimum wage, or an applicable local minimum wage, up to a daily and aggregate total maximum payments.
11. Specifies that the hiring entity shall not require the food sector worker to use any other paid or unpaid leave, time off or vacation time before the worker uses COVID-19 food sector SPSL or in lieu of the SPSL.
12. Specifies that if a hiring entity already provides the food sector worker with a supplemental benefit for the same COVID-19 related reasons as described above, and that would compensate the worker in an amount equal to or greater than the amount the worker would receive under the SPSL, then the hiring entity may count those hours towards the total number of hours required in this bill.

The bill states that the hiring entities supplemental benefits does not include paid sick days that workers are currently entitled under existing law, however it may include hours that were already provided under Executive Order N-51-20 or supplemental leave provided pursuant to federal or local laws for the same purpose as COVID-19 related reasons described above.

1. Requires the Labor Commissioner to enforce the bill provisions as if its COVID-19 food sector SPSL provisions were paid sick days, paid sick leave, or sick leave under provisions of existing law and would authorize a food sector worker to file a complaint with the Labor Commissioner.
2. Retroactively applies the COVID-19 food sector SPSL to April 16, 2020 and sunsets the requirement on December 31, 2020 or upon the expiration of any federal extension of the Emergency Paid Sick Leave Act established by the Families First Coronavirus Response Act, Public Law 116-127, whichever is later, except that a food sector worker taking COVID-19 food sector supplemental paid sick leave at the time of the expiration of any such proclamation shall be permitted to take the full amount of COVID-19 food sector supplemental paid sick leave to which that food sector worker otherwise would have been entitled under this section.

COVID-19 Supplemental Paid Sick Leave

1. Establishes the COVID-19 SPSL program, to take effect no later than 10 days after the enactment of the bill, for covered workers who leave their place of residence to perform work and are either:
   1. Employed by a hiring entity that has 500 or more employees in the United States, or
   2. Employed as a health care provider or emergency responder, as specified, by a hiring entity, including a public entity, that has elected to exclude such employees from the emergency paid sick leave under the Families First Coronavirus Response Act.
2. Specifies that the COVID-19 SPSL does not include food sector workers, as specified.
3. Defines a hiring entity as either a private sole proprietorship or any kind of private entity that has 500 or more employees in the United States, or an entity, including a public entity that employs health care providers and has elected to exclude such employees from emergency paid sick leave under the Families First Coronavirus Response Act.
4. Specifies that the hiring entity shall provide COVID-19 SPSL to covered workers that are unable to work because the worker is:
   1. Subject to a federal, state, or local quarantine or isolation order related to COVID-19, or
   2. Advised by a health care provider to self-quarantine or self-isolate due to concerns related to COVID-19, or
   3. Prohibited from working by hiring entity due to health concerns related to the potential transmission of COVID-19.
5. Requires a hiring entity to provide 80 hours of SPSL if the worker is either considered as full time, or worked or was scheduled to work on average at least 40 hours per week in the two weeks preceding the date that the worker took SPSL.
6. Requires, notwithstanding the above, a hiring entity to provide an active firefighter, as specified, who was scheduled to work more than 80 hours in the two weeks prior to taking SPSL, the same amount of SPSL as the number of hours that the active firefighter was scheduled to work in those two preceding weeks.
7. Requires a hiring entity to provide SPSL the following hours for workers who do not satisfy the conditions above, as follows:
8. For workers who have a normal weekly schedule, the hiring entity shall provide the same number of hours that the worker is normally scheduled to work over two weeks,
9. For workers that have variable hours, the hiring entity shall provide 14 times the average number of hours worked each day in the last six months. For workers that have worked for less than six months, but more than 14 days, this calculation shall be made over the entire period the worker has worked at the hiring entity.
10. For workers with variable hours, but has worked with the entity for 14 days or less, the hiring entity shall provide the worker with the same number of hours worked.
11. Specifies that the COVID-19 SPSL is in addition to any paid sick leave that the covered worker receives pursuant to existing law.
12. Specifies that the worker may determine how many SPSL to use, and the hiring entity shall make it available for immediate use upon oral or written request by the worker.
13. Establishes the rate of compensation for the SPSL to be the highest of the worker’s regular rate of pay in the last pay period, the state minimum wage, or an applicable local minimum wage, up to daily and aggregate total maximum payments.
14. Prohibits a hiring entity from requiring a worker to use other paid or unpaid leave, paid time off or vacation time before the worker uses SPSL or in lieu of SPSL.
15. Specifies that if a hiring entity already provides a supplemental benefit for the same purposes as specified, and is an equal or greater amount than provided for by the COVID-19 SPSL, then the hiring entity may count the hours of such other benefit towards the hours required by COVID-19 SPSL. The bill specifies that the hiring entity may count paid leave already provided pursuant to Executive Order N-51-20, COVID-19 Food Sector SPSL or other supplemental paid leave provided pursuant to federal or local law for the same purposes.

The bill allows employers who previously provided supplemental paid leave on or after March 4, 2020 to retroactively provide supplemental pay to workers to satisfy the COVID-19 SPSL.

1. Requires the Labor Commissioner to enforce the COVID-19 SPSL as “paid sick days”, “paid sick leave” or “sick leave” under existing law, as specified.
2. Requires the Labor Commissioner by seven days after this bill is effective to make publicly available a model notice for employers to display a poster regarding COVID-19 SPSL. A hiring entity may satisfy this requirement for workers who do not frequent a workplace by disseminating notice through electronic means, such as by electronic mail.
3. Sunsets the requirement to provide COVID-19 SPSL on December 31, 2020 or upon the expiration of any federal extension of the Emergency Paid Sick Leave Act established by the Families First Coronavirus Response Act, Public Law 116-127, whichever is later, except that a covered worker taking COVID-19 supplemental paid sick leave at the time of the expiration of this section shall be permitted to take the full amount of COVID-19 supplemental paid sick leave to which that covered worker otherwise would have been entitled under this section.
4. Specifies that the Labor Commissioner, when enforcing paid sick days laws, may issue citations, file a civil action, and use administrative proceedings set forth in existing law, as specified.

Fiscal Effect:

Appropriates $100,000 from the Labor and Workforce Development Fund to the Labor Commissioner to implement the provisions of this bill.

Support:

None on file.

Opposed:

None on file.

-- END --

ASSEMBLY THIRD READING

ATR Bill Id:AB 1867

Author:(Committee on Budget)

As Amended Ver:February 25, 2020

Majority vote. Budget Bill Appropriation Takes Effect Immediately

SUMMARY:

This bill expresses the intent of the Legislature to enact statutory changes relating to the Budget Act of 2020.

Major Provisions

COMMENTS:

According to the Author:

Arguments in Support:

Arguments in Opposition:

FISCAL COMMENTS:

VOTES:

UPDATED:

VERSION: February 25, 2020

CONSULTANT: Christian Griffith / BUDGET / (916) 319-2099 FN: 0002698