SB 1444: Employment.
- Session Year: 2025-2026
- House: Senate
- Latest Version Date: 2026-08-27
Current Status:
Passed
(2026-08-27: Chaptered by Secretary of State. Chapter 162, Statutes of 2026.)
Introduced
In Committee
Awaiting First Chamber Vote
Passed First Chamber
In Committee
Awaiting Second Chamber Vote
Passed Second Chamber
Enacted
What does this bill do?
The bill extends the time Public Employees Retirement System members have to make, change, or revoke optional retirement elections from 30 to 60 days, affecting state and local retirees. It updates Labor Commissioner procedures by requiring parties to keep electronic addresses current, allowing notice and decisions to be served by first‑class or registered mail or by any method the party agrees to, and requiring attorneys to accept electronic service. The bill also lets employees (or the Labor Commissioner or public prosecutors) recover civil penalties for willful independent‑contractor misclassification, removes a State Fire Marshal Fire Control 5 training requirement for certain airport firefighters to qualify for workers’ compensation presumptions, and requires school employer experience reports to go to the Legislature and the Employment Development Department’s IT plan to cover a three‑year horizon.
The summary is provided by generative AI which can make mistakes. For original language, please view the details in the table below.
(1)Existing law, the Public Employees Retirement Law, permits a member of the Public Employees Retirement System to elect from among several optional settlements for the purpose of structuring the members retirement allowance. Existing law requires a member to make an election, revocation, or change of election within 30 calendar days after the making of the first payment on account of any retirement allowance or, in the event of a change of retirement status after retirement, within 30 calendar days after making the first payment on account of that change in retirement status.
This bill would extend the timeframe for those actions to within 60 calendar days after making the first payment.
(2)Existing law sets forth the Labor Commissioners duties, including investigating employee complaints, and requires the Labor Commissioner, within 30 days of the filing of the complaint, to notify the parties as to whether a hearing will be held and whether certain actions will be taken. Existing law requires a party who has received actual notice of a claim before the Labor Commissioner to notify the Labor Commissioner in writing of any changes in that partys business or personal address within 10 days after the change in address occurs. Existing law requires a copy of the complaint to be served on all parties when a hearing is set, and specifies the copy shall be served personally, by certified mail, or pursuant to specified provisions authorizing certain service in lieu of personal delivery. Existing law requires the Labor Commissioner to file a decision within 15 days after the hearing is concluded and to serve a copy of that decision on the parties in the same manner as the copy of the complaint.
This bill would also require a party to notify the Labor Commissioner of any changes to that partys electronic address. The bill would revise the manner in which notice is required to be given and the copy of the decision is required to be served to include first-class mail, registered mail, or any manner that the party agrees to accept service, except that any party that is represented by an attorney would be required to accept electronic service from the Labor Commissioner. The bill would require a represented party to provide their attorneys electronic mail address.
(3)Existing law makes it unlawful for a person or employer to engage in certain acts relating to the willful misclassification of an individual as an independent contractor and imposes certain civil penalties for violations of that provision, as specified. Existing law entitles an employee to recover damages for a violation, as specified, and sets forth certain enforcement provisions. In this regard, existing law provides that, for each public employee subject to specified statutes, the Labor Commissioner or a public prosecutor may alternatively recover the above-referenced civil penalties as damages payable to the employee, as specified.
This bill would, instead, provide that each employee under those statutes, the Labor Commissioner, or a public prosecutor may alternatively recover the above-referenced civil penalties as damages payable to the employee, as specified.
(4)Existing law establishes a workers compensation system to compensate an employee for injuries sustained in the course of employment. Existing law creates a rebuttable presumption that specified injuries, including cancer and post-traumatic stress disorder, that developed or manifested during a period in which the person is serving as a first responder, as specified, arose out of and in the course of employment. Existing law makes these provisions applicable to an active firefighting members of a fire department that provides fire protection to a commercial airport regulated by the Federal Aviation Administration, as specified, and that are trained and certified by the State Fire Marshal as meeting the standards of Fire Control 5 and a specified section of the Code of Federal Regulations.
This bill would eliminate the requirement that the above-described active firefighters be trained and certified by the State Fire Marshal as meeting the standards of Fire Control 5 for the above-described presumptions to apply to those firefighters.
(5)Existing law requires the Director of Employment Development to calculate the experiences of school employers relative to usage of the Unemployment Fund and to provide this information, among other things, to the affected school employer and governing body thereof at least annually.
This bill would require the report also to be made to the Legislature.
Existing law requires the Director of Employment Development to develop experience relationships on all benefits paid to employees via the School Employees Fund and on school employers experience related to use and exposure, and to report this each year to the Legislature before March 31.
This bill would recast those provisions and require the development of experience relationships to be included in the report containing calculation of the experiences of school employers relative to usage of the Unemployment Fund described above.
Existing law requires the director to prepare a biennial report to the Legislature on the departments automation plans that, among other things, provides a strategic information technology plan that describes the long-term goals and strategies that shall be undertaken by the department covering a 10-year planning horizon, as specified.
This bill would instead require the report to include a plan covering a 3-year planning horizon. The bill would also make other nonsubstantive changes.
(1)Existing law, the Public Employees Retirement Law, permits a member of the Public Employees Retirement System to elect from among several optional settlements for the purpose of structuring the members retirement allowance. Existing law requires a member to make an election, revocation, or change of election within 30 calendar days after the making of the first payment on account of any retirement allowance or, in the event of a change of retirement status after retirement, within 30 calendar days after making the first payment on account of that change in retirement status.
This bill would extend the timeframe for those actions to within 60 calendar days after making the first payment.
(2)Existing law sets forth the Labor Commissioners duties, including investigating employee complaints, and requires the Labor Commissioner, within 30 days of the filing of the complaint, to notify the parties as to whether a hearing will be held and whether certain actions will be taken. Existing law requires a party who has received actual notice of a claim before the Labor Commissioner to notify the Labor Commissioner in writing of any changes in that partys business or personal address within 10 days after the change in address occurs. Existing law requires a copy of the complaint to be served on all parties when a hearing is set, and specifies the copy shall be served personally, by certified mail, or pursuant to specified provisions authorizing certain service in lieu of personal delivery. Existing law requires the Labor Commissioner to file a decision within 15 days after the hearing is concluded and to serve a copy of that decision on the parties in the same manner as the copy of the complaint.
This bill would also require a party to notify the Labor Commissioner of any changes to that partys electronic address. The bill would revise the manner in which notice is required to be given and the copy of the decision is required to be served to include first-class mail, registered mail, or any manner that the party agrees to accept service, except that any party that is represented by an attorney would be required to accept electronic service from the Labor Commissioner. The bill would require a represented party to provide their attorneys electronic mail address.
(3)Existing law makes it unlawful for a person or employer to engage in certain acts relating to the willful misclassification of an individual as an independent contractor and imposes certain civil penalties for violations of that provision, as specified. Existing law entitles an employee to recover damages for a violation, as specified, and sets forth certain enforcement provisions. In this regard, existing law provides that, for each public employee subject to specified statutes, the Labor Commissioner or a public prosecutor may alternatively recover the above-referenced civil penalties as damages payable to the employee, as specified.
This bill would, instead, provide that each employee under those statutes, the Labor Commissioner, or a public prosecutor may alternatively recover the above-referenced civil penalties as damages payable to the employee, as specified.
(4)Existing law establishes a workers compensation system to compensate an employee for injuries sustained in the course of employment. Existing law creates a rebuttable presumption that specified injuries, including cancer and post-traumatic stress disorder, that developed or manifested during a period in which the person is serving as a first responder, as specified, arose out of and in the course of employment. Existing law makes these provisions applicable to an active firefighting members of a fire department that provides fire protection to a commercial airport regulated by the Federal Aviation Administration, as specified, and that are trained and certified by the State Fire Marshal as meeting the standards of Fire Control 5 and a specified section of the Code of Federal Regulations.
This bill would eliminate the requirement that the above-described active firefighters be trained and certified by the State Fire Marshal as meeting the standards of Fire Control 5 for the above-described presumptions to apply to those firefighters.
(5)Existing law requires the Director of Employment Development to calculate the experiences of school employers relative to usage of the Unemployment Fund and to provide this information, among other things, to the affected school employer and governing body thereof at least annually.
This bill would require the report also to be made to the Legislature.
Existing law requires the Director of Employment Development to develop experience relationships on all benefits paid to employees via the School Employees Fund and on school employers experience related to use and exposure, and to report this each year to the Legislature before March 31.
This bill would recast those provisions and require the development of experience relationships to be included in the report containing calculation of the experiences of school employers relative to usage of the Unemployment Fund described above.
Existing law requires the director to prepare a biennial report to the Legislature on the departments automation plans that, among other things, provides a strategic information technology plan that describes the long-term goals and strategies that shall be undertaken by the department covering a 10-year planning horizon, as specified.
This bill would instead require the report to include a plan covering a 3-year planning horizon. The bill would also make other nonsubstantive changes.
(1)Existing law, the Public Employees Retirement Law, permits a member of the Public Employees Retirement System to elect from among several optional settlements for the purpose of structuring the members retirement allowance. Existing law requires a member to make an election, revocation, or change of election within 30 calendar days after the making of the first payment on account of any retirement allowance or, in the event of a change of retirement status after retirement, within 30 calendar days after making the first payment on account of that change in retirement status.
This bill would extend the timeframe for those actions to within 60 calendar days after making the first payment.
(2)Existing law sets forth the Labor Commissioners duties, including investigating employee complaints, and requires the Labor Commissioner, within 30 days of the filing of the complaint, to notify the parties as to whether a hearing will be held and whether certain actions will be taken. Existing law requires a party who has received actual notice of a claim before the Labor Commissioner to notify the Labor Commissioner in writing of any changes in that partys business or personal address within 10 days after the change in address occurs. Existing law requires a copy of the complaint to be served on all parties when a hearing is set, and specifies the copy shall be served personally, by certified mail, or pursuant to specified provisions authorizing certain service in lieu of personal delivery. Existing law requires the Labor Commissioner to file a decision within 15 days after the hearing is concluded and to serve a copy of that decision on the parties in the same manner as the copy of the complaint.
This bill would also require a party to notify the Labor Commissioner of any changes to that partys electronic address. The bill would revise the manner in which notice is required to be given and the copy of the decision is required to be served to include first-class mail, registered mail, or any manner that the party agrees to accept service, except that any party that is represented by an attorney would be required to accept electronic service from the Labor Commissioner. The bill would require a represented party to provide their attorneys electronic mail address.
(3)Existing law makes it unlawful for a person or employer to engage in certain acts relating to the willful misclassification of an individual as an independent contractor and imposes certain civil penalties for violations of that provision, as specified. Existing law entitles an employee to recover damages for a violation, as specified, and sets forth certain enforcement provisions. In this regard, existing law provides that, for each public employee subject to specified statutes, the Labor Commissioner or a public prosecutor may alternatively recover the above-referenced civil penalties as damages payable to the employee, as specified.
This bill would, instead, provide that each employee under those statutes, the Labor Commissioner, or a public prosecutor may alternatively recover the above-referenced civil penalties as damages payable to the employee, as specified.
(4)Existing law establishes a workers compensation system to compensate an employee for injuries sustained in the course of employment. Existing law creates a rebuttable presumption that specified injuries, including cancer and post-traumatic stress disorder, that developed or manifested during a period in which the person is serving as a first responder, as specified, arose out of and in the course of employment. Existing law makes these provisions applicable to an active firefighting members of a fire department that provides fire protection to a commercial airport regulated by the Federal Aviation Administration, as specified, and that are trained and certified by the State Fire Marshal as meeting the standards of Fire Control 5 and a specified section of the Code of Federal Regulations.
This bill would eliminate the requirement that the above-described active firefighters be trained and certified by the State Fire Marshal as meeting the standards of Fire Control 5 for the above-described presumptions to apply to those firefighters.
(5)Existing law requires the Director of Employment Development to calculate the experiences of school employers relative to usage of the Unemployment Fund and to provide this information, among other things, to the affected school employer and governing body thereof at least annually.
This bill would require the report also to be made to the Legislature.
Existing law requires the Director of Employment Development to develop experience relationships on all benefits paid to employees via the School Employees Fund and on school employers experience related to use and exposure, and to report this each year to the Legislature before March 31. Existing law also requires the report to contain comments and recommendations on improvement to administration, enforcement, and financing of the provisions relative thereto.
This bill would recast those provisions and require the development of experience relationships to be included in the report containing calculation of the experiences of school employers relative to usage of the Unemployment Fund described above. The bill would remove the requirement that the report contain comments and recommendations on improvement.
Existing law requires the director to prepare a biennial report to the Legislature on the departments automation plans that, among other things, provides a strategic information technology plan that describes the long-term goals and strategies that shall be undertaken by the department covering a 10-year planning horizon, as specified.
This bill would instead require the report to include a plan covering a 3-year planning horizon. The bill would also make other nonsubstantive changes.
(1)Existing law, the Public Employees Retirement Law, permits a member of the Public Employees Retirement System to elect from among several optional settlements for the purpose of structuring the members retirement allowance. Existing law requires a member to make an election, revocation, or change of election within 30 calendar days after the making of the first payment on account of any retirement allowance or, in the event of a change of retirement status after retirement, within 30 calendar days after making the first payment on account of that change in retirement status.
This bill would extend the timeframe for those actions to within 60 calendar days after making the first payment.
(2)Existing law sets forth the Labor Commissioners duties, including investigating employee complaints, and requires the Labor Commissioner, within 30 days of the filing of the complaint, to notify the parties as to whether a hearing will be held and whether certain actions will be taken. Existing law requires a party who has received actual notice of a claim before the Labor Commissioner to notify the Labor Commissioner in writing of any changes in that partys business or personal address within 10 days after the change in address occurs. Existing law requires a copy of the complaint to be served on all parties when a hearing is set, and specifies the copy shall be served personally, by certified mail, or pursuant to specified provisions authorizing certain service in lieu of personal delivery.
This bill would also require a party to notify the Labor Commissioner of any changes to that partys electronic address. The bill would revise the manner in which notice is required to be given to include first-class mail, registered mail, or any manner that the party agrees to accept service, except that any party that is represented by an attorney would be required to accept electronic service from the Labor Commissioner.
(3)Existing law makes it unlawful for a person or employer to engage in certain acts relating to the willful misclassification of an individual as an independent contractor and imposes certain civil penalties for violations of that provision, as specified. Existing law entitles an employee to recover damages for a violation, as specified, and sets forth certain enforcement provisions. In this regard, existing law provides that, for each public employee subject to specified statutes, the Labor Commissioner or a public prosecutor may alternatively recover the above-referenced civil penalties as damages payable to the employee, as specified.
This bill would, instead, provide that each employee under those statutes, the Labor Commissioner, or a public prosecutor may alternatively recover the above-referenced civil penalties as damages payable to the employee, as specified.
(4)Existing law establishes a workers compensation system to compensate an employee for injuries sustained in the course of employment. Existing law creates a rebuttable presumption that specified injuries, including cancer and post-traumatic stress disorder, that developed or manifested during a period in which the person is serving as a first responder, as specified, arose out of and in the course of employment. Existing law makes these provisions applicable to an active firefighting members of a fire department that provides fire protection to a commercial airport regulated by the Federal Aviation Administration, as specified, and that are trained and certified by the State Fire Marshal as meeting the standards of Fire Control 5 and a specified section of the Code of Federal Regulations.
This bill would eliminate the requirement that the above-described active firefighters be trained and certified by the State Fire Marshal as meeting the standards of Fire Control 5 for the above-described presumptions to apply to those firefighters.
(5)Existing law requires the Director of Employment Development to calculate the experiences of school employers relative to usage of the Unemployment Fund and to provide this information, among other things, to the affected school employer and governing body thereof at least annually.
This bill would require the report also to be made to the Legislature.
Existing law requires the Director of Employment Development to develop experience relationships on all benefits paid to employees via the School Employees Fund and on school employers experience related to use and exposure, and to report this each year to the Legislature before March 31. Existing law also requires the report to contain comments and recommendations on improvement to administration, enforcement, and financing of the provisions relative thereto.
This bill would recast those provisions and require the development of experience relationships to be included in the report containing calculation of the experiences of school employers relative to usage of the Unemployment Fund described above. The bill would remove the requirement that the report contain comments and recommendations on improvement.
Existing law requires the director to prepare a biennial report to the Legislature on the departments automation plans that, among other things, provides a strategic information technology plan that describes the long-term goals and strategies that shall be undertaken by the department covering a 10-year planning horizon, as specified.
This bill would instead require the report to include a plan covering a 3-year planning horizon. The bill would also make other nonsubstantive changes.
(a)An election, revocation, or change of election shall be made within 60 calendar days after the making of the first payment on account of any retirement allowance or, in the event of a change of retirement status after retirement, within 60 calendar days after the making of the first payment on account of any retirement allowance following the change in retirement status. Change in retirement status includes, but is not limited to, change from service to disability retirement, from disability retirement to service retirement, from nonindustrial disability retirement to industrial disability retirement, or from industrial to nonindustrial disability retirement.
(b)For purposes of this section, payment shall be deemed to have been made on the date a warrant is mailed, or the date funds are electronically transferred to a bank, savings and loan association, or credit union account for deposit in the members account.
(c)This section shall not be construed to authorize a member to change their retirement status after the election, revocation, or change of election provided in this section.
(d)This section shall apply to any member who retires on or after January 1, 2018.
SEC. 2.Section 98 of the Labor Code is amended to read:98.(a)The Labor Commissioner is authorized to investigate employee complaints. The Labor Commissioner may provide for a hearing in any action to recover wages, penalties, and other demands for compensation, including liquidated damages if the complaint alleges payment of a wage less than the minimum wage fixed by an order of the Industrial Welfare Commission or by statute, properly before the division or the Labor Commissioner, including orders of the Industrial Welfare Commission, and shall determine all matters arising under their jurisdiction. The Labor Commissioner may also provide for a hearing to recover civil penalties due pursuant to Section 558 against any employer or other person acting on behalf of an employer, including, but not limited to, an individual liable pursuant to Section 558.1. It is within the jurisdiction of the Labor Commissioner to accept and determine claims from holders of payroll checks or payroll drafts returned unpaid because of insufficient funds, if, after a diligent search, the holder is unable to return the dishonored check or draft to the payee and recover the sums paid out. Within 30 days of the filing of the complaint, the Labor Commissioner shall notify the parties as to whether a hearing will be held, whether action will be taken in accordance with Section 98.3, or whether no further action will be taken on the complaint. If the determination is made by the Labor Commissioner to hold a hearing, the hearing shall be held within 90 days of the date of that determination. However, the Labor Commissioner may postpone or grant additional time before setting a hearing if the Labor Commissioner finds that it would lead to an equitable and just resolution of the dispute. A party who has received actual notice of a claim before the Labor Commissioner shall, while the matter is before the Labor Commissioner, notify the Labor Commissioner in writing of any change in that partys business address, personal address, or electronic address within 10 days after the change in address occurs.
It is the intent of the Legislature that hearings held pursuant to this section be conducted in an informal setting preserving the rights of the parties.
(b)When a hearing is set, a copy of the complaint, which shall include the amount of compensation requested, together with a notice of time and place of the hearing, shall be served on all parties.
(c)Within 10 days after service of the notice and the complaint, a defendant may file an answer with the Labor Commissioner in any form as the Labor Commissioner may prescribe, setting forth the particulars in which the complaint is inaccurate or incomplete and the facts upon which the defendant intends to rely.
(d)No pleading other than the complaint and answer of the defendant or defendants shall be required. Both shall be in writing and shall conform to the form and the rules of practice and procedure adopted by the Labor Commissioner.
(e)Evidence on matters not pleaded in the answer shall be allowed only on terms and conditions the Labor Commissioner shall impose. In all these cases, the claimant shall be entitled to a continuance for purposes of review of the new evidence.
(f)If the defendant fails to appear or answer within the time allowed under this chapter, no default shall be taken against them, but the Labor Commissioner shall hear the evidence offered and shall issue an order, decision, or award in accordance with the evidence. A defendant failing to appear or answer, or subsequently contending to be aggrieved in any manner by want of notice of the pendency of the proceedings, may apply to the Labor Commissioner for relief in accordance with Section 473 of the Code of Civil Procedure. The Labor Commissioner may afford this relief. No right to relief, including the claim that the findings or award of the Labor Commissioner or judgment entered thereon are void upon their face, shall accrue to the defendant in any court unless prior application is made to the Labor Commissioner in accordance with this chapter.
(g)All hearings conducted pursuant to this chapter are governed by the division and by the rules of practice and procedure adopted by the Labor Commissioner.
(h)(1)Whenever a claim is filed under this chapter against a person operating or doing business under a fictitious business name, as defined in Section 17900 of the Business and Professions Code, which relates to the persons business, the division shall inquire at the time of the hearing whether the name of the person is the legal name under which the business or person has been licensed, registered, incorporated, or otherwise authorized to do business.
(2)The division may amend an order, decision, or award to conform to the legal name of the business or the person who is the defendant to a wage claim, if it can be shown that proper service was made on the defendant or their agent, unless a judgment had been entered on the order, decision, or award pursuant to subdivision (d) of Section 98.2. The Labor Commissioner may apply to the clerk of the superior court to amend a judgment that has been issued pursuant to a final order, decision, or award to conform to the legal name of the defendant, if it can be shown that proper service was made on the defendant or their agent.
(i)(A)A notice required to be given pursuant to this section shall be given by personal service, first-class mail, certified mail, registered mail, in the manner specified in Section 415.20 of the Code of Civil Procedure, or by any manner that the party agrees to accept service, including, but not limited to, electronic service.
(B)A party that is represented by an attorney shall provide the Labor Commissioner with the attorneys electronic mail address and shall accept electronic service from the Labor Commissioner.
SEC. 3.Section 98.1 of the Labor Code is amended to read:98.1.(a)(1)Within 15 days after the hearing is concluded, the Labor Commissioner shall file in the office of the division a copy of the order, decision, or award. The order, decision, or award shall include a summary of the hearing and the reasons for the decision. Upon filing of the order, decision, or award, the Labor Commissioner shall serve a copy of the decision in compliance with paragraph (2). The notice shall also advise the parties of their right to appeal the decision or award and further advise the parties that failure to do so within the period prescribed by this chapter shall result in the decision or award becoming final and enforceable as a judgment by the superior court.
(2)(A)The Labor Commissioner shall serve the notice required by this subdivision by personal service, first-class mail, certified mail, registered mail, in the manner specified in Section 415.20 of the Code of Civil Procedure, or by any manner that the party agrees to accept service, including, but not limited to, electronic service.
(B)A party that is represented by an attorney shall provide the Labor Commissioner with the attorneys electronic mail address and shall accept electronic service from the Labor Commissioner.
(b)For the purpose of this section, an award shall include any sums found owing, damages proved, and any penalties awarded pursuant to this code.
(c)All awards granted pursuant to a hearing under this chapter shall accrue interest on all due and unpaid wages at the same rate as prescribed by subdivision (b) of Section 3289 of the Civil Code. The interest shall accrue until the wages are paid from the date that the wages were due and payable as provided in Part 1 (commencing with Section 200) of Division 2.
SEC. 4.Section 226.8 of the Labor Code is amended to read:226.8.(a)It is unlawful for any person or employer to engage in any of the following activities:
(1)Willful misclassification of an individual as an independent contractor.
(2)Charging an individual who has been willfully misclassified as an independent contractor a fee, or making any deductions from compensation, for any purpose, including for goods, materials, space rental, services, government licenses, repairs, equipment maintenance, or fines arising from the individuals employment where any of the acts described in this paragraph would have violated the law if the individual had not been misclassified.
(b)If the Labor and Workforce Development Agency or a court issues a determination that a person or employer has engaged in any of the enumerated violations of subdivision (a), the person or employer shall be subject to a civil penalty of not less than five thousand dollars ($5,000) and not more than fifteen thousand dollars ($15,000) for each violation, in addition to any other penalties or fines permitted by law.
(c)If the Labor and Workforce Development Agency or a court issues a determination that a person or employer has engaged in any of the enumerated violations of subdivision (a) and the person or employer has engaged in or is engaging in a pattern or practice of these violations, the person or employer shall be subject to a civil penalty of not less than ten thousand dollars ($10,000) and not more than twenty-five thousand dollars ($25,000) for each violation, in addition to any other penalties or fines permitted by law.
(d)(1)If the Labor and Workforce Development Agency or a court issues a determination that a person or employer that is a licensed contractor pursuant to the Contractors State License Law has violated subdivision (a), the agency, in addition to any other remedy that has been ordered, shall transmit a certified copy of the order to the Contractors State License Board.
(2)The registrar of the Contractors State License Board shall initiate disciplinary action against a licensee within 30 days of receiving a certified copy of an agency or court order that resulted in disbarment pursuant to paragraph (1).
(e)If the Labor and Workforce Development Agency or a court issues a determination that a person or employer has violated subdivision (a), the agency or court, in addition to any other remedy that has been ordered, shall order the person or employer to display prominently on its internet website, in an area which is accessible to all employees and the general public, or, if the person or employer does not have an internet website, to display prominently in an area that is accessible to all employees and the general public at each location where a violation of subdivision (a) occurred, a notice that sets forth all of the following:
(1)That the Labor and Workforce Development Agency or a court, as applicable, has found that the person or employer has committed a serious violation of the law by engaging in the willful misclassification of employees.
(2)That the person or employer has changed its business practices in order to avoid committing further violations of this section.
(3)That any employee who believes that they are being misclassified as an independent contractor may contact the Labor and Workforce Development Agency. The notice shall include the mailing address, email address, and telephone number of the agency.
(4)That the notice is being posted pursuant to a state order.
(f)In addition to including the information specified in subdivision (e), a person or employer also shall satisfy the following requirements in preparing the notice:
(1)An officer shall sign the notice.
(2)It shall post the notice for one year commencing with the date of the final decision and order.
(g)(1)In accordance with the procedures set forth in Sections 98, 98.1, 98.2, 98.3, 98.7, 98.74, or 1197.1, the Labor Commissioner may enforce this section and issue a determination that a person or employer has violated subdivision (a). This enforcement of this section may include investigating an alleged violation of subdivision (a), ordering appropriate temporary relief to mitigate the violation or to maintain the status quo pending the completion of an investigation or hearing, issuance of a citation against an employer who violates subdivision (a), and filing a civil action. If a citation is issued, the procedures for issuing, contesting, and enforcing judgments for citations and civil penalties issued by the Labor Commissioner shall be the same as those set out in Section 98.74 or 1197.1, as appropriate. A public prosecutor, as defined in subdivision (a) of Section 181, may also enforce this section by seeking the damages described in paragraph (2).
(2)In any enforcement pursuant to this subdivision, each employee under Sections 98 to 98.2, inclusive, the Labor Commissioner under Section 98.3, 98.7, 98.74, or 1197.1, or a public prosecutor, as defined in subdivision (a) of Section 181, may alternatively recover the penalties set forth in subdivisions (b) and (c) as damages payable to the employee. An employee is entitled to either recover the damages as provided for in this section or to enforce a civil penalty, as set forth in subdivision (a) of Section 2699, but not both, for the same violation. Except as specified in this section, the remedy provided by this section is cumulative and does not limit the availability of any other remedy available to the employee.
(h)Any administrative or civil penalty, damages, or disciplinary action pursuant to this section shall remain in effect against any successor corporation, owner, or business entity that satisfies both of the following:
(1)Has one or more of the same principals or officers as the person or employer subject to the penalty or action.
(2)Is engaged in the same or a similar business as the person or employer subject to the penalty or action.
(i)For purposes of this section, the following definitions apply:
(1)Determination means an order, decision, award, or citation issued by an agency or a court of competent jurisdiction for which the time to appeal has expired and for which no appeal is pending.
(2)Labor and Workforce Development Agency means the Labor and Workforce Development Agency or any of its departments, divisions, commissions, boards, or agencies.
(3)Officer means the chief executive officer, president, any vice president in charge of a principal business unit, division, or function, or any other officer of the corporation who performs a policymaking function. If the employer is a partnership, officer means a partner. If the employer is a sole proprietor, officer means the owner.
(4)Willful misclassification means avoiding employee status for an individual by voluntarily and knowingly misclassifying that individual as an independent contractor.
(j)Nothing in this section is intended to limit any rights or remedies otherwise available at law.
SEC. 5.Section 3212 of the Labor Code is amended to read:3212.(a)(1)In the case of members of a sheriffs office or the California Highway Patrol, district attorneys staff of inspectors and investigators or of police or fire departments of cities, counties, cities and counties, districts or other public or municipal corporations or political subdivisions, whether those members are volunteer, partly paid, or fully paid, and in the case of active firefighting members of the Department of Forestry and Fire Protection whose duties require firefighting or of any county forestry or firefighting department or unit, whether voluntary, fully paid, or partly paid, and in the case of members of the warden service of the Wildlife Protection Branch of the Department of Fish and Wildlife whose principal duties consist of active law enforcement service, excepting those whose principal duties are clerical or otherwise do not clearly fall within the scope of active law enforcement service such as stenographers, telephone operators, and other officeworkers, the term injury as used in this act includes hernia when any part of the hernia develops or manifests itself during a period while the member is in the service in the office, staff, division, department, or unit, and in the case of members of fire departments, except those whose principal duties are clerical, such as stenographers, telephone operators, and other officeworkers, and in the case of county forestry or firefighting departments, except those whose principal duties are clerical, such as stenographers, telephone operators, and other officeworkers, and in the case of active firefighting members of the Department of Forestry and Fire Protection whose duties require firefighting, and in the case of members of the warden service of the Wildlife Protection Branch of the Department of Fish and Wildlife whose principal duties consist of active law enforcement service, excepting those whose principal duties are clerical or otherwise do not clearly fall within the scope of active law enforcement service such as stenographers, telephone operators, and other officeworkers, the term injury includes pneumonia and heart trouble that develops or manifests itself during a period while the member is in the service of the office, staff, department, or unit. In the case of regular salaried county or city and county peace officers, the term injury also includes any hernia that manifests itself or develops during a period while the officer is in the service. The compensation that is awarded for the hernia, heart trouble, or pneumonia shall include full hospital, surgical, medical treatment, disability indemnity, and death benefits, as provided by the workers compensation laws of this state.
(2)The hernia, heart trouble, or pneumonia so developing or manifesting itself in those cases shall be presumed to arise out of and in the course of the employment. This presumption is disputable and may be controverted by other evidence, but unless so controverted, the appeals board is bound to find in accordance with it. The presumption shall be extended to a member following termination of service for a period of three calendar months for each full year of the requisite service, but not to exceed 60 months in any circumstance, commencing with the last date actually worked in the specified capacity.
(3)The hernia, heart trouble, or pneumonia so developing or manifesting itself in those cases shall in no case be attributed to any disease existing prior to that development or manifestation.
(b)This section also applies to all of the following, for injuries occurring on or after January 1, 2026:
(1)Active firefighting members of a fire department that serves a United States Department of Defense installation and who are certified by the United States Department of Defense as meeting its standards for firefighters.
(2)Active firefighting members of a fire department that serves a National Aeronautics and Space Administration installation and who adhere to training standards established in accordance with Article 4 (commencing with Section 13155) of Chapter 1 of Part 2 of Division 12 of the Health and Safety Code.
(3)Active firefighting members of a fire department that provides fire protection to a commercial airport regulated by the Federal Aviation Administration (FAA) under Part 139 (commencing with Section 139.1) of Subchapter G of Chapter I of Title 14 of the Code of Federal Regulations and are trained in accordance with the standards of Section 139.319 of Title 14 of the Code of Federal Regulations.
SEC. 6.Section 3212.1 of the Labor Code is amended to read:3212.1.(a)This section applies to all of the following:
(1)Active firefighting members, whether volunteers, partly paid, or fully paid, of all of the following fire departments:
(A)A fire department of a city, county, city and county, district, or other public or municipal corporation or political subdivision.
(B)A fire department of the University of California and the California State University.
(C)The Department of Forestry and Fire Protection.
(D)A county forestry or firefighting department or unit.
(2)Active firefighting members of a fire department that serves a United States Department of Defense installation and who are certified by the Department of Defense as meeting its standards for firefighters.
(3)Active firefighting members of a fire department that serves a National Aeronautics and Space Administration installation and who adhere to training standards established in accordance with Article 4 (commencing with Section 13155) of Chapter 1 of Part 2 of Division 12 of the Health and Safety Code.
(4)Active firefighting members of a fire department that provides fire protection to a commercial airport regulated by the Federal Aviation Administration (FAA) under Part 139 (commencing with Section 139.1) of Subchapter G of Chapter I of Title 14 of the Code of Federal Regulations and are trained in accordance with the standards of Section 139.319 of Title 14 of the Code of Federal Regulations for injuries occurring on or after January 1, 2026.
(5)Peace officers, as defined in Section 830.1, subdivision (a) of Section 830.2, and subdivisions (a) and (b) of Section 830.37, of the Penal Code, who are primarily engaged in active law enforcement activities.
(6)(A)Fire and rescue services coordinators who work for the Office of Emergency Services.
(B)For purposes of this paragraph, fire and rescue services coordinators means coordinators with any of the following job classifications: coordinator, senior coordinator, or chief coordinator.
(b)The term injury, as used in this division, includes cancer, including leukemia, that develops or manifests itself during a period in which any member described in subdivision (a) is in the service of the department or unit, if the member demonstrates that they were exposed, while in the service of the department or unit, to a known carcinogen as defined by the International Agency for Research on Cancer, or as defined by the director.
(c)The compensation that is awarded for cancer shall include full hospital, surgical, medical treatment, disability indemnity, and death benefits, as provided by this division.
(d)The cancer so developing or manifesting itself in these cases shall be presumed to arise out of and in the course of the employment. This presumption is disputable and may be controverted by evidence that the primary site of the cancer has been established and that the carcinogen to which the member has demonstrated exposure is not reasonably linked to the disabling cancer. Unless so controverted, the appeals board is bound to find in accordance with the presumption. This presumption shall be extended to a member following termination of service for a period of three calendar months for each full year of the requisite service, but not to exceed 120 months in any circumstance, commencing with the last date actually worked in the specified capacity.
(e)The amendments to this section enacted during the 1999 portion of the 19992000 Regular Session shall be applied to claims for benefits filed or pending on or after January 1, 1997, including, but not limited to, claims for benefits filed on or after that date that have previously been denied, or that are being appealed following denial.
(f)This section shall be known, and may be cited, as the William Dallas Jones Cancer Presumption Act of 2010.
SEC. 7.Section 3212.15 of the Labor Code is amended to read:3212.15.(a)This section applies to all of the following:
(1)Active firefighting members, whether volunteers, partly paid, or fully paid, of all of the following fire departments:
(A)A fire department of a city, county, city and county, district, or other public or municipal corporation or political subdivision.
(B)A fire department of the University of California and the California State University.
(C)The Department of Forestry and Fire Protection.
(D)A county forestry or firefighting department or unit.
(2)Active firefighting members of a fire department that serves a United States Department of Defense installation and who are certified by the Department of Defense as meeting its standards for firefighters.
(3)Active firefighting members of a fire department that serves a National Aeronautics and Space Administration installation and who adhere to training standards established in accordance with Article 4 (commencing with Section 13155) of Chapter 1 of Part 2 of Division 12 of the Health and Safety Code.
(4)Active firefighting members of a fire department that provides fire protection to a commercial airport regulated by the Federal Aviation Administration (FAA) under Part 139 (commencing with Section 139.1) of Subchapter G of Chapter I of Title 14 of the Code of Federal Regulations and are trained in accordance with the standards of Section 139.319 of Title 14 of the Code of Federal Regulations for injuries occurring on or after January 1, 2026.
(5)Peace officers, as defined in Section 830.1 of, subdivisions (a), (b), and (c) of Section 830.2 of, Section 830.32 of, subdivisions (a) and (b) of Section 830.37 of, Section 830.5 of, and Section 830.55 of, the Penal Code, who are primarily engaged in active law enforcement activities.
(6)(A)Fire and rescue services coordinators who work for the Office of Emergency Services.
(B)For purposes of this paragraph, fire and rescue services coordinators means coordinators with any of the following job classifications: coordinator, senior coordinator, or chief coordinator.
(b)In the case of a person described in subdivision (a), the term injury, as used in this division, includes post-traumatic stress disorder, as diagnosed according to the most recent edition of the Diagnostic and Statistical Manual of Mental Disorders published by the American Psychiatric Association and that develops or manifests itself during a period in which any person described in subdivision (a) is in the service of the department, unit, office, or agency.
(c)For an injury that is diagnosed as specified in subdivision (b):
(1)The compensation that is awarded shall include full hospital, surgical, medical treatment, disability indemnity, and death benefits, as provided by this division.
(2)The injury so developing or manifesting itself in these cases shall be presumed to arise out of and in the course of the employment. This presumption is disputable and may be controverted by other evidence, but unless so controverted, the appeals board is bound to find in accordance with the presumption. This presumption shall be extended to a person described in subdivision (a) following termination of service for a period of 3 calendar months for each full year of the requisite service, but not to exceed 60 months in any circumstance, commencing with the last date actually worked in the specified capacity.
(d)Compensation shall not be paid pursuant to this section for a claim of injury unless the person has performed services for the department, unit, office, or agency for at least six months. The six months of employment need not be continuous. This subdivision does not apply if the injury is caused by a sudden and extraordinary employment condition.
(e)This section, as added by Section 2 of Chapter 390 of the Statutes of 2019, applies to injuries occurring on or after January 1, 2020.
(f)(1)The Commission on Health and Safety and Workers Compensation shall submit a report to the Legislature analyzing the effectiveness of the presumption created by this section. The report shall review data from post-traumatic stress disorder injuries for which compensation is claimed under this section from January 1, 2020, through December 31, 2025. The report shall be provided to the Senate Committee on Labor, Public Employment and Retirement and the Assembly Committee on Insurance no later than January 1, 2027.
(2)The Commission on Health and Safety and Workers Compensation shall submit a report to the Legislature analyzing claims filed for post-traumatic stress disorder injury for which compensation is claimed by public safety dispatchers, public safety telecommunicators, and emergency response communication employees, from January 1, 2020, through December 31, 2023. The study shall review data, including, but not limited to, the total number of claims, frequency of claim acceptance, frequency of claim denial, the initial claim determination, and the average time between the filing of a claim and the final determination of compensability. The report shall be provided to the Senate Committee on Labor, Public Employment and Retirement and the Assembly Committee on Insurance no later than January 1, 2025. For purposes of this subdivision, a public safety dispatcher, public safety telecommunicator, or emergency response communication employee means an individual employed by a public safety agency whose primary responsibility is to receive, process, transmit, or dispatch emergency and nonemergency calls for law enforcement, fire, emergency medical, and other public safety services by telephone, radio, or other communication device, and includes an individual who supervises other individuals who perform these functions.
(3)A report submitted pursuant to this subdivision shall be submitted in compliance with Section 9795 of the Government Code.
(g)This section shall remain in effect only until January 1, 2029, and as of that date is repealed.
SEC. 8.Section 3212.6 of the Labor Code is amended to read:3212.6.(a)(1)In the case of a member of a police department of a city or county, or a member of the sheriffs office of a county, or a member of the California Highway Patrol, or an inspector or investigator in a district attorneys office of any county whose principal duties consist of active law enforcement service, or a prison or jail guard or correctional officer who is employed by a public agency, when that person is employed upon a regular, full-time salary, or in the case of members of fire departments of any city, county, or district, or other public or municipal corporations or political subdivisions, when those members are employed on a regular fully paid basis, and in the case of active firefighting members of the Department of Forestry and Fire Protection whose duties require firefighting and first-aid response services, or of any county forestry or firefighting department or unit, where those members are employed on a regular fully paid basis, excepting those whose principal duties are clerical or otherwise do not clearly fall within the scope of active law enforcement, firefighting, or emergency first-aid response service such as stenographers, telephone operators, and other officeworkers, the term injury includes tuberculosis that develops or manifests itself during a period while that member is in the service of that department or office. The compensation that is awarded for the tuberculosis shall include full hospital, surgical, medical treatment, disability indemnity, and death benefits as provided by the provisions of this division.
(2)The tuberculosis so developing or manifesting itself shall be presumed to arise out of and in the course of the employment. This presumption is disputable and may be controverted by other evidence, but unless so controverted, the appeals board is bound to find in accordance with it. This presumption shall be extended to a member following termination of service for a period of three calendar months for each full year of the requisite service, but not to exceed 60 months in any circumstance, commencing with the last date actually worked in the specified capacity.
(3)A public entity may require applicants for employment in firefighting positions who would be entitled to the benefits granted by this section to be tested for infection for tuberculosis.
(b)This section also applies to all of the following, for injuries occurring on or after January 1, 2026:
(1)Active firefighting members of a fire department that serves a United States Department of Defense installation and who are certified by the United States Department of Defense as meeting its standards for firefighters.
(2)Active firefighting members of a fire department that serves a National Aeronautics and Space Administration installation and who adhere to training standards established in accordance with Article 4 (commencing with Section 13155) of Chapter 1 of Part 2 of Division 12 of the Health and Safety Code.
(3)Active firefighting members of a fire department that provides fire protection to a commercial airport regulated by the Federal Aviation Administration (FAA) under Part 139 (commencing with Section 139.1) of Subchapter G of Chapter I of Title 14 of the Code of Federal Regulations and are trained in accordance with the standards of Section 139.319 of Title 14 of the Code of Federal Regulations.
SEC. 9.Section 3212.8 of the Labor Code is amended to read:3212.8.(a)In the case of members of a sheriffs office, of police or fire departments of cities, counties, cities and counties, districts, or other public or municipal corporations or political subdivisions, or individuals described in Chapter 4.5 (commencing with Section 830) of Title 3 of Part 2 of the Penal Code, whether those persons are volunteer, partly paid, or fully paid, and in the case of active firefighting members of the Department of Forestry and Fire Protection, or of any county forestry or firefighting department or unit, whether voluntary, fully paid, or partly paid, excepting those whose principal duties are clerical or otherwise do not clearly fall within the scope of active law enforcement service or active firefighting services, such as stenographers, telephone operators, and other officeworkers, the term injury as used in this division, includes a blood-borne infectious disease or methicillin-resistant Staphylococcus aureus skin infection when any part of the blood-borne infectious disease or methicillin-resistant Staphylococcus aureus skin infection develops or manifests itself during a period while that person is in the service of that office, staff, division, department, or unit. The compensation that is awarded for a blood-borne infectious disease or methicillin-resistant Staphylococcus aureus skin infection shall include, but not be limited to, full hospital, surgical, medical treatment, disability indemnity, and death benefits, as provided by the workers compensation laws of this state.
(b)(1)The blood-borne infectious disease or methicillin-resistant Staphylococcus aureus skin infection so developing or manifesting itself in those cases shall be presumed to arise out of and in the course of the employment or service. This presumption is disputable and may be controverted by other evidence, but unless so controverted, the appeals board is bound to find in accordance with it.
(2)The blood-borne infectious disease presumption shall be extended to a person covered by subdivision (a) following termination of service for a period of three calendar months for each full year of service, but not to exceed 60 months in any circumstance, commencing with the last date actually worked in the specified capacity.
(3)Notwithstanding paragraph (2), the methicillin-resistant Staphylococcus aureus skin infection presumption shall be extended to a person covered by subdivision (a) following termination of service for a period of 90 days, commencing with the last day actually worked in the specified capacity.
(c)The blood-borne infectious disease or methicillin-resistant Staphylococcus aureus skin infection so developing or manifesting itself in those cases shall in no case be attributed to any disease or skin infection existing prior to that development or manifestation.
(d)For the purposes of this section, blood-borne infectious disease means a disease caused by exposure to pathogenic microorganisms that are present in human blood that can cause disease in humans, including those pathogenic microorganisms defined as blood-borne pathogens by the Department of Industrial Relations.
(e)This section also applies to all of the following, for injuries occurring on or after January 1, 2026:
(1)Active firefighting members of a fire department that serves a United States Department of Defense installation and who are certified by the United States Department of Defense as meeting its standards for firefighters.
(2)Active firefighting members of a fire department that serves a National Aeronautics and Space Administration installation and who adhere to training standards established in accordance with Article 4 (commencing with Section 13155) of Chapter 1 of Part 2 of Division 12 of the Health and Safety Code.
(3)Active firefighting members of a fire department that provides fire protection to a commercial airport regulated by the Federal Aviation Administration (FAA) under Part 139 (commencing with Section 139.1) of Subchapter G of Chapter I of Title 14 of the Code of Federal Regulations and are trained in accordance with the standards of Section 139.319 of Title 14 of the Code of Federal Regulations.
SEC. 10.Section 3212.85 of the Labor Code is amended to read:3212.85.(a)This section applies to peace officers described in Sections 830.1 to 830.5, inclusive, of the Penal Code, and members of a fire department.
(b)The term injury, as used in this division, includes illness or resulting death due to exposure to a biochemical substance that develops or occurs during a period in which any member described in subdivision (a) is in the service of the department or unit.
(c)The compensation that is awarded for injury pursuant to this section shall include full hospital, surgical, medical treatment, disability indemnity, and death benefits, as provided by this division.
(d)The injury that develops or manifests itself in these cases shall be presumed to arise out of, and in the course of, the employment. This presumption is disputable and may be controverted by other evidence. Unless controverted, the appeals board is bound to find in accordance with the presumption. This presumption shall be extended to a member following termination of service for a period of three calendar months for each full year of the requisite service, but not to exceed 60 months in any circumstance, commencing with the last date actually worked in the specified capacity.
(e)For purposes of this section, the following definitions apply:
(1)Biochemical substance means any biological or chemical agent that may be used as a weapon of mass destruction, including, but not limited to, any chemical warfare agent, weaponized biological agent, or nuclear or radiological agent, as these terms are defined in Section 11417 of the Penal Code.
(2)Members of a fire department includes, but is not limited to, an apprentice, volunteer, partly paid, or fully paid member of any of the following:
(A)A fire department of a city, county, city and county, district, or other public or municipal corporation or political subdivision.
(B)A fire department of the University of California and the California State University.
(C)The Department of Forestry and Fire Protection.
(D)A county forestry or firefighting department or unit.
(E)Active firefighting members of a fire department that serves a United States Department of Defense installation and who are certified by the United States Department of Defense as meeting its standards for firefighters for injuries occurring on or after January 1, 2026.
(F)Active firefighting members of a fire department that serves a National Aeronautics and Space Administration installation and who adhere to training standards established in accordance with Article 4 (commencing with Section 13155) of Chapter 1 of Part 2 of Division 12 of the Health and Safety Code for injuries occurring on or after January 1, 2026.
(G)Active firefighting members of a fire department that provides fire protection to a commercial airport regulated by the Federal Aviation Administration (FAA) under Part 139 (commencing with Section 139.1) of Subchapter G of Chapter I of Title 14 of the Code of Federal Regulations and are trained in accordance with the standards of Section 139.319 of Title 14 of the Code of Federal Regulations for injuries occurring on or after January 1, 2026.
SEC. 11.Section 3212.9 of the Labor Code is amended to read:3212.9.(a)(1)In the case of a member of a police department of a city, county, or city and county, or a member of the sheriffs office of a county, or a member of the California Highway Patrol, or a county probation officer, or an inspector or investigator in a district attorneys office of any county whose principal duties consist of active law enforcement service, when that person is employed on a regular, full-time salary, or in the case of a member of a fire department of any city, county, or district, or other public or municipal corporation or political subdivision, or any county forestry or firefighting department or unit, when those members are employed on a regular full-time salary, excepting those whose principal duties are clerical or otherwise do not clearly fall within the scope of active law enforcement or firefighting, such as stenographers, telephone operators, and other officeworkers, the term injury includes meningitis that develops or manifests itself during a period while that person is in the service of that department, office, or unit. The compensation that is awarded for the meningitis shall include full hospital, surgical, medical treatment, disability indemnity, and death benefits as provided by the provisions of this division.
(2)The meningitis so developing or manifesting itself shall be presumed to arise out of and in the course of the employment. This presumption is disputable and may be controverted by other evidence, but unless so controverted, the appeals board is bound to find in accordance with it. This presumption shall be extended to a person following termination of service for a period of three calendar months for each full year of the requisite service, but not to exceed 60 months in any circumstance, commencing with the last date actually worked in the specified capacity.
(b)This section also applies to all of the following, for injuries occurring on or after January 1, 2026:
(1)Active firefighting members of a fire department that serves a United States Department of Defense installation and who are certified by the United States Department of Defense as meeting its standards for firefighters.
(2)Active firefighting members of a fire department that serves a National Aeronautics and Space Administration installation and who adhere to training standards established in accordance with Article 4 (commencing with Section 13155) of Chapter 1 of Part 2 of Division 12 of the Health and Safety Code.
(3)Active firefighting members of a fire department that provides fire protection to a commercial airport regulated by the Federal Aviation Administration (FAA) under Part 139 (commencing with Section 139.1) of Subchapter G of Chapter I of Title 14 of the Code of Federal Regulations and are trained in accordance with the standards of Section 139.319 of Title 14 of the Code of Federal Regulations.
SEC. 12.Section 832 of the Unemployment Insurance Code is amended to read:832.(a)The administrator shall at least annually calculate, as of the close of and for the immediately preceding fiscal year, the experiences of school employers relative to usage of the Unemployment Fund. The calculations shall include tabulations on the experience of each school employer in relation to the expenditures from and the income to the School Employees Fund from the wages paid by the employer. All school employers shall be listed and ranked by ratio of use. The administrator shall also develop experience relationships on all benefits paid to employees through the School Employees Fund and on school employers experience related to use and exposure. Data shall relate to numbers of employees and types of programs and shall be calculated as of the close of and for the immediately preceding fiscal year. The report shall contain comments and recommendations on improvements to the administration, enforcement, and financing of the provisions relative to this article. The report by the administrator on the above shall be made each year to the Legislature and to the affected school employer, and governing board thereof, before March 31.
(b)A report to be submitted pursuant to subdivision (a) shall be submitted in compliance with Section 9795 of the Government Code.
SEC. 13.Section 4902 of the Unemployment Insurance Code is amended to read:4902.(a)The report, required by Section 4901, shall be transmitted to the Legislative Analyst, the Assembly Committees on Insurance, Labor and Employment, and Budget, the Senate Committees on Industrial Relations and Budget and Fiscal Review, the Department of Finance, and the Governor, on or before February 1 of each even-numbered year. The report shall do all of the following:
(1)Provide a strategic information technology plan that describes the long-term goals and strategies that shall be undertaken by the department to create an information technology environment that will not only support the achievement of the departments strategic business mission and goals but set the foundation for using information technology to make substantial and sustainable improvements in how it conducts business. The plan shall cover a three-year planning horizon and include the departments information vision, its information management principles, and long-term goals and strategies for achieving its information vision.
(2)Provide a tactical information plan of specific automation and infrastructure projects to be undertaken within three years of the date of the report. The plan shall include project description and scope, consistency with the strategic information plan, relationship to other projects, priority of development, estimated project costs and benefits, and improvements in services. For automation projects, it shall also provide reductions in personnel and operating costs, and identification of how personnel and cost savings will be used, transferred, or otherwise accounted for.
(3)Not necessarily be in addition to or replace any reports now submitted by the director to the California Department of Technology.
(b)A report to be submitted pursuant to subdivision (a) shall be submitted in compliance with Section 9795 of the Government Code.
(a)An election, revocation, or change of election shall be made within 60 calendar days after the making of the first payment on account of any retirement allowance or, in the event of a change of retirement status after retirement, within 60 calendar days after the making of the first payment on account of any retirement allowance following the change in retirement status. Change in retirement status includes, but is not limited to, change from service to disability retirement, from disability retirement to service retirement, from nonindustrial disability retirement to industrial disability retirement, or from industrial to nonindustrial disability retirement.
(b)For purposes of this section, payment shall be deemed to have been made on the date a warrant is mailed, or the date funds are electronically transferred to a bank, savings and loan association, or credit union account for deposit in the members account.
(c)This section shall not be construed to authorize a member to change their retirement status after the election, revocation, or change of election provided in this section.
(d)This section shall apply to any member who retires on or after January 1, 2018.
SEC. 2.Section 98 of the Labor Code is amended to read:98.(a)The Labor Commissioner is authorized to investigate employee complaints. The Labor Commissioner may provide for a hearing in any action to recover wages, penalties, and other demands for compensation, including liquidated damages if the complaint alleges payment of a wage less than the minimum wage fixed by an order of the Industrial Welfare Commission or by statute, properly before the division or the Labor Commissioner, including orders of the Industrial Welfare Commission, and shall determine all matters arising under their jurisdiction. The Labor Commissioner may also provide for a hearing to recover civil penalties due pursuant to Section 558 against any employer or other person acting on behalf of an employer, including, but not limited to, an individual liable pursuant to Section 558.1. It is within the jurisdiction of the Labor Commissioner to accept and determine claims from holders of payroll checks or payroll drafts returned unpaid because of insufficient funds, if, after a diligent search, the holder is unable to return the dishonored check or draft to the payee and recover the sums paid out. Within 30 days of the filing of the complaint, the Labor Commissioner shall notify the parties as to whether a hearing will be held, whether action will be taken in accordance with Section 98.3, or whether no further action will be taken on the complaint. If the determination is made by the Labor Commissioner to hold a hearing, the hearing shall be held within 90 days of the date of that determination. However, the Labor Commissioner may postpone or grant additional time before setting a hearing if the Labor Commissioner finds that it would lead to an equitable and just resolution of the dispute. A party who has received actual notice of a claim before the Labor Commissioner shall, while the matter is before the Labor Commissioner, notify the Labor Commissioner in writing of any change in that partys business address, personal address, or electronic address within 10 days after the change in address occurs.
It is the intent of the Legislature that hearings held pursuant to this section be conducted in an informal setting preserving the rights of the parties.
(b)When a hearing is set, a copy of the complaint, which shall include the amount of compensation requested, together with a notice of time and place of the hearing, shall be served on all parties.
(c)Within 10 days after service of the notice and the complaint, a defendant may file an answer with the Labor Commissioner in any form as the Labor Commissioner may prescribe, setting forth the particulars in which the complaint is inaccurate or incomplete and the facts upon which the defendant intends to rely.
(d)No pleading other than the complaint and answer of the defendant or defendants shall be required. Both shall be in writing and shall conform to the form and the rules of practice and procedure adopted by the Labor Commissioner.
(e)Evidence on matters not pleaded in the answer shall be allowed only on terms and conditions the Labor Commissioner shall impose. In all these cases, the claimant shall be entitled to a continuance for purposes of review of the new evidence.
(f)If the defendant fails to appear or answer within the time allowed under this chapter, no default shall be taken against them, but the Labor Commissioner shall hear the evidence offered and shall issue an order, decision, or award in accordance with the evidence. A defendant failing to appear or answer, or subsequently contending to be aggrieved in any manner by want of notice of the pendency of the proceedings, may apply to the Labor Commissioner for relief in accordance with Section 473 of the Code of Civil Procedure. The Labor Commissioner may afford this relief. No right to relief, including the claim that the findings or award of the Labor Commissioner or judgment entered thereon are void upon their face, shall accrue to the defendant in any court unless prior application is made to the Labor Commissioner in accordance with this chapter.
(g)All hearings conducted pursuant to this chapter are governed by the division and by the rules of practice and procedure adopted by the Labor Commissioner.
(h)(1)Whenever a claim is filed under this chapter against a person operating or doing business under a fictitious business name, as defined in Section 17900 of the Business and Professions Code, which relates to the persons business, the division shall inquire at the time of the hearing whether the name of the person is the legal name under which the business or person has been licensed, registered, incorporated, or otherwise authorized to do business.
(2)The division may amend an order, decision, or award to conform to the legal name of the business or the person who is the defendant to a wage claim, if it can be shown that proper service was made on the defendant or their agent, unless a judgment had been entered on the order, decision, or award pursuant to subdivision (d) of Section 98.2. The Labor Commissioner may apply to the clerk of the superior court to amend a judgment that has been issued pursuant to a final order, decision, or award to conform to the legal name of the defendant, if it can be shown that proper service was made on the defendant or their agent.
(i)(A)A notice required to be given pursuant to this section shall be given by personal service, first-class mail, certified mail, registered mail, in the manner specified in Section 415.20 of the Code of Civil Procedure, or by any manner that the party agrees to accept service, including, but not limited to, electronic service.
(B)A party that is represented by an attorney shall provide the Labor Commissioner with the attorneys electronic mail address and shall accept electronic service from the Labor Commissioner.
SEC. 3.Section 98.1 of the Labor Code is amended to read:98.1.(a)(1)Within 15 days after the hearing is concluded, the Labor Commissioner shall file in the office of the division a copy of the order, decision, or award. The order, decision, or award shall include a summary of the hearing and the reasons for the decision. Upon filing of the order, decision, or award, the Labor Commissioner shall serve a copy of the decision in compliance with paragraph (2). The notice shall also advise the parties of their right to appeal the decision or award and further advise the parties that failure to do so within the period prescribed by this chapter shall result in the decision or award becoming final and enforceable as a judgment by the superior court.
(2)(A)The Labor Commissioner shall serve the notice required by this subdivision by personal service, first-class mail, certified mail, registered mail, in the manner specified in Section 415.20 of the Code of Civil Procedure, or by any manner that the party agrees to accept service, including, but not limited to, electronic service.
(B)A party that is represented by an attorney shall provide the Labor Commissioner with the attorneys electronic mail address and shall accept electronic service from the Labor Commissioner.
(b)For the purpose of this section, an award shall include any sums found owing, damages proved, and any penalties awarded pursuant to this code.
(c)All awards granted pursuant to a hearing under this chapter shall accrue interest on all due and unpaid wages at the same rate as prescribed by subdivision (b) of Section 3289 of the Civil Code. The interest shall accrue until the wages are paid from the date that the wages were due and payable as provided in Part 1 (commencing with Section 200) of Division 2.
SEC. 4.Section 226.8 of the Labor Code is amended to read:226.8.(a)It is unlawful for any person or employer to engage in any of the following activities:
(1)Willful misclassification of an individual as an independent contractor.
(2)Charging an individual who has been willfully misclassified as an independent contractor a fee, or making any deductions from compensation, for any purpose, including for goods, materials, space rental, services, government licenses, repairs, equipment maintenance, or fines arising from the individuals employment where any of the acts described in this paragraph would have violated the law if the individual had not been misclassified.
(b)If the Labor and Workforce Development Agency or a court issues a determination that a person or employer has engaged in any of the enumerated violations of subdivision (a), the person or employer shall be subject to a civil penalty of not less than five thousand dollars ($5,000) and not more than fifteen thousand dollars ($15,000) for each violation, in addition to any other penalties or fines permitted by law.
(c)If the Labor and Workforce Development Agency or a court issues a determination that a person or employer has engaged in any of the enumerated violations of subdivision (a) and the person or employer has engaged in or is engaging in a pattern or practice of these violations, the person or employer shall be subject to a civil penalty of not less than ten thousand dollars ($10,000) and not more than twenty-five thousand dollars ($25,000) for each violation, in addition to any other penalties or fines permitted by law.
(d)(1)If the Labor and Workforce Development Agency or a court issues a determination that a person or employer that is a licensed contractor pursuant to the Contractors State License Law has violated subdivision (a), the agency, in addition to any other remedy that has been ordered, shall transmit a certified copy of the order to the Contractors State License Board.
(2)The registrar of the Contractors State License Board shall initiate disciplinary action against a licensee within 30 days of receiving a certified copy of an agency or court order that resulted in disbarment pursuant to paragraph (1).
(e)If the Labor and Workforce Development Agency or a court issues a determination that a person or employer has violated subdivision (a), the agency or court, in addition to any other remedy that has been ordered, shall order the person or employer to display prominently on its internet website, in an area which is accessible to all employees and the general public, or, if the person or employer does not have an internet website, to display prominently in an area that is accessible to all employees and the general public at each location where a violation of subdivision (a) occurred, a notice that sets forth all of the following:
(1)That the Labor and Workforce Development Agency or a court, as applicable, has found that the person or employer has committed a serious violation of the law by engaging in the willful misclassification of employees.
(2)That the person or employer has changed its business practices in order to avoid committing further violations of this section.
(3)That any employee who believes that they are being misclassified as an independent contractor may contact the Labor and Workforce Development Agency. The notice shall include the mailing address, email address, and telephone number of the agency.
(4)That the notice is being posted pursuant to a state order.
(f)In addition to including the information specified in subdivision (e), a person or employer also shall satisfy the following requirements in preparing the notice:
(1)An officer shall sign the notice.
(2)It shall post the notice for one year commencing with the date of the final decision and order.
(g)(1)In accordance with the procedures set forth in Sections 98, 98.1, 98.2, 98.3, 98.7, 98.74, or 1197.1, the Labor Commissioner may enforce this section and issue a determination that a person or employer has violated subdivision (a). This enforcement of this section may include investigating an alleged violation of subdivision (a), ordering appropriate temporary relief to mitigate the violation or to maintain the status quo pending the completion of an investigation or hearing, issuance of a citation against an employer who violates subdivision (a), and filing a civil action. If a citation is issued, the procedures for issuing, contesting, and enforcing judgments for citations and civil penalties issued by the Labor Commissioner shall be the same as those set out in Section 98.74 or 1197.1, as appropriate. A public prosecutor, as defined in subdivision (a) of Section 181, may also enforce this section by seeking the damages described in paragraph (2).
(2)In any enforcement pursuant to this subdivision, each employee under Sections 98 to 98.2, inclusive, the Labor Commissioner under Section 98.3, 98.7, 98.74, or 1197.1, or a public prosecutor, as defined in subdivision (a) of Section 181, may alternatively recover the penalties set forth in subdivisions (b) and (c) as damages payable to the employee. An employee is entitled to either recover the damages as provided for in this section or to enforce a civil penalty, as set forth in subdivision (a) of Section 2699, but not both, for the same violation. Except as specified in this section, the remedy provided by this section is cumulative and does not limit the availability of any other remedy available to the employee.
(h)Any administrative or civil penalty, damages, or disciplinary action pursuant to this section shall remain in effect against any successor corporation, owner, or business entity that satisfies both of the following:
(1)Has one or more of the same principals or officers as the person or employer subject to the penalty or action.
(2)Is engaged in the same or a similar business as the person or employer subject to the penalty or action.
(i)For purposes of this section, the following definitions apply:
(1)Determination means an order, decision, award, or citation issued by an agency or a court of competent jurisdiction for which the time to appeal has expired and for which no appeal is pending.
(2)Labor and Workforce Development Agency means the Labor and Workforce Development Agency or any of its departments, divisions, commissions, boards, or agencies.
(3)Officer means the chief executive officer, president, any vice president in charge of a principal business unit, division, or function, or any other officer of the corporation who performs a policymaking function. If the employer is a partnership, officer means a partner. If the employer is a sole proprietor, officer means the owner.
(4)Willful misclassification means avoiding employee status for an individual by voluntarily and knowingly misclassifying that individual as an independent contractor.
(j)Nothing in this section is intended to limit any rights or remedies otherwise available at law.
SEC. 5.Section 3212 of the Labor Code is amended to read:3212.(a)(1)In the case of members of a sheriffs office or the California Highway Patrol, district attorneys staff of inspectors and investigators or of police or fire departments of cities, counties, cities and counties, districts or other public or municipal corporations or political subdivisions, whether those members are volunteer, partly paid, or fully paid, and in the case of active firefighting members of the Department of Forestry and Fire Protection whose duties require firefighting or of any county forestry or firefighting department or unit, whether voluntary, fully paid, or partly paid, and in the case of members of the warden service of the Wildlife Protection Branch of the Department of Fish and Wildlife whose principal duties consist of active law enforcement service, excepting those whose principal duties are clerical or otherwise do not clearly fall within the scope of active law enforcement service such as stenographers, telephone operators, and other officeworkers, the term injury as used in this act includes hernia when any part of the hernia develops or manifests itself during a period while the member is in the service in the office, staff, division, department, or unit, and in the case of members of fire departments, except those whose principal duties are clerical, such as stenographers, telephone operators, and other officeworkers, and in the case of county forestry or firefighting departments, except those whose principal duties are clerical, such as stenographers, telephone operators, and other officeworkers, and in the case of active firefighting members of the Department of Forestry and Fire Protection whose duties require firefighting, and in the case of members of the warden service of the Wildlife Protection Branch of the Department of Fish and Wildlife whose principal duties consist of active law enforcement service, excepting those whose principal duties are clerical or otherwise do not clearly fall within the scope of active law enforcement service such as stenographers, telephone operators, and other officeworkers, the term injury includes pneumonia and heart trouble that develops or manifests itself during a period while the member is in the service of the office, staff, department, or unit. In the case of regular salaried county or city and county peace officers, the term injury also includes any hernia that manifests itself or develops during a period while the officer is in the service. The compensation that is awarded for the hernia, heart trouble, or pneumonia shall include full hospital, surgical, medical treatment, disability indemnity, and death benefits, as provided by the workers compensation laws of this state.
(2)The hernia, heart trouble, or pneumonia so developing or manifesting itself in those cases shall be presumed to arise out of and in the course of the employment. This presumption is disputable and may be controverted by other evidence, but unless so controverted, the appeals board is bound to find in accordance with it. The presumption shall be extended to a member following termination of service for a period of three calendar months for each full year of the requisite service, but not to exceed 60 months in any circumstance, commencing with the last date actually worked in the specified capacity.
(3)The hernia, heart trouble, or pneumonia so developing or manifesting itself in those cases shall in no case be attributed to any disease existing prior to that development or manifestation.
(b)This section also applies to all of the following, for injuries occurring on or after January 1, 2026:
(1)Active firefighting members of a fire department that serves a United States Department of Defense installation and who are certified by the United States Department of Defense as meeting its standards for firefighters.
(2)Active firefighting members of a fire department that serves a National Aeronautics and Space Administration installation and who adhere to training standards established in accordance with Article 4 (commencing with Section 13155) of Chapter 1 of Part 2 of Division 12 of the Health and Safety Code.
(3)Active firefighting members of a fire department that provides fire protection to a commercial airport regulated by the Federal Aviation Administration (FAA) under Part 139 (commencing with Section 139.1) of Subchapter G of Chapter I of Title 14 of the Code of Federal Regulations and are trained in accordance with the standards of Section 139.319 of Title 14 of the Code of Federal Regulations.
SEC. 6.Section 3212.1 of the Labor Code is amended to read:3212.1.(a)This section applies to all of the following:
(1)Active firefighting members, whether volunteers, partly paid, or fully paid, of all of the following fire departments:
(A)A fire department of a city, county, city and county, district, or other public or municipal corporation or political subdivision.
(B)A fire department of the University of California and the California State University.
(C)The Department of Forestry and Fire Protection.
(D)A county forestry or firefighting department or unit.
(2)Active firefighting members of a fire department that serves a United States Department of Defense installation and who are certified by the Department of Defense as meeting its standards for firefighters.
(3)Active firefighting members of a fire department that serves a National Aeronautics and Space Administration installation and who adhere to training standards established in accordance with Article 4 (commencing with Section 13155) of Chapter 1 of Part 2 of Division 12 of the Health and Safety Code.
(4)Active firefighting members of a fire department that provides fire protection to a commercial airport regulated by the Federal Aviation Administration (FAA) under Part 139 (commencing with Section 139.1) of Subchapter G of Chapter I of Title 14 of the Code of Federal Regulations and are trained in accordance with the standards of Section 139.319 of Title 14 of the Code of Federal Regulations for injuries occurring on or after January 1, 2026.
(5)Peace officers, as defined in Section 830.1, subdivision (a) of Section 830.2, and subdivisions (a) and (b) of Section 830.37, of the Penal Code, who are primarily engaged in active law enforcement activities.
(6)(A)Fire and rescue services coordinators who work for the Office of Emergency Services.
(B)For purposes of this paragraph, fire and rescue services coordinators means coordinators with any of the following job classifications: coordinator, senior coordinator, or chief coordinator.
(b)The term injury, as used in this division, includes cancer, including leukemia, that develops or manifests itself during a period in which any member described in subdivision (a) is in the service of the department or unit, if the member demonstrates that they were exposed, while in the service of the department or unit, to a known carcinogen as defined by the International Agency for Research on Cancer, or as defined by the director.
(c)The compensation that is awarded for cancer shall include full hospital, surgical, medical treatment, disability indemnity, and death benefits, as provided by this division.
(d)The cancer so developing or manifesting itself in these cases shall be presumed to arise out of and in the course of the employment. This presumption is disputable and may be controverted by evidence that the primary site of the cancer has been established and that the carcinogen to which the member has demonstrated exposure is not reasonably linked to the disabling cancer. Unless so controverted, the appeals board is bound to find in accordance with the presumption. This presumption shall be extended to a member following termination of service for a period of three calendar months for each full year of the requisite service, but not to exceed 120 months in any circumstance, commencing with the last date actually worked in the specified capacity.
(e)The amendments to this section enacted during the 1999 portion of the 19992000 Regular Session shall be applied to claims for benefits filed or pending on or after January 1, 1997, including, but not limited to, claims for benefits filed on or after that date that have previously been denied, or that are being appealed following denial.
(f)This section shall be known, and may be cited, as the William Dallas Jones Cancer Presumption Act of 2010.
SEC. 7.Section 3212.15 of the Labor Code is amended to read:3212.15.(a)This section applies to all of the following:
(1)Active firefighting members, whether volunteers, partly paid, or fully paid, of all of the following fire departments:
(A)A fire department of a city, county, city and county, district, or other public or municipal corporation or political subdivision.
(B)A fire department of the University of California and the California State University.
(C)The Department of Forestry and Fire Protection.
(D)A county forestry or firefighting department or unit.
(2)Active firefighting members of a fire department that serves a United States Department of Defense installation and who are certified by the Department of Defense as meeting its standards for firefighters.
(3)Active firefighting members of a fire department that serves a National Aeronautics and Space Administration installation and who adhere to training standards established in accordance with Article 4 (commencing with Section 13155) of Chapter 1 of Part 2 of Division 12 of the Health and Safety Code.
(4)Active firefighting members of a fire department that provides fire protection to a commercial airport regulated by the Federal Aviation Administration (FAA) under Part 139 (commencing with Section 139.1) of Subchapter G of Chapter I of Title 14 of the Code of Federal Regulations and are trained in accordance with the standards of Section 139.319 of Title 14 of the Code of Federal Regulations for injuries occurring on or after January 1, 2026.
(5)Peace officers, as defined in Section 830.1 of, subdivisions (a), (b), and (c) of Section 830.2 of, Section 830.32 of, subdivisions (a) and (b) of Section 830.37 of, Section 830.5 of, and Section 830.55 of, the Penal Code, who are primarily engaged in active law enforcement activities.
(6)(A)Fire and rescue services coordinators who work for the Office of Emergency Services.
(B)For purposes of this paragraph, fire and rescue services coordinators means coordinators with any of the following job classifications: coordinator, senior coordinator, or chief coordinator.
(b)In the case of a person described in subdivision (a), the term injury, as used in this division, includes post-traumatic stress disorder, as diagnosed according to the most recent edition of the Diagnostic and Statistical Manual of Mental Disorders published by the American Psychiatric Association and that develops or manifests itself during a period in which any person described in subdivision (a) is in the service of the department, unit, office, or agency.
(c)For an injury that is diagnosed as specified in subdivision (b):
(1)The compensation that is awarded shall include full hospital, surgical, medical treatment, disability indemnity, and death benefits, as provided by this division.
(2)The injury so developing or manifesting itself in these cases shall be presumed to arise out of and in the course of the employment. This presumption is disputable and may be controverted by other evidence, but unless so controverted, the appeals board is bound to find in accordance with the presumption. This presumption shall be extended to a person described in subdivision (a) following termination of service for a period of 3 calendar months for each full year of the requisite service, but not to exceed 60 months in any circumstance, commencing with the last date actually worked in the specified capacity.
(d)Compensation shall not be paid pursuant to this section for a claim of injury unless the person has performed services for the department, unit, office, or agency for at least six months. The six months of employment need not be continuous. This subdivision does not apply if the injury is caused by a sudden and extraordinary employment condition.
(e)This section, as added by Section 2 of Chapter 390 of the Statutes of 2019, applies to injuries occurring on or after January 1, 2020.
(f)(1)The Commission on Health and Safety and Workers Compensation shall submit a report to the Legislature analyzing the effectiveness of the presumption created by this section. The report shall review data from post-traumatic stress disorder injuries for which compensation is claimed under this section from January 1, 2020, through December 31, 2025. The report shall be provided to the Senate Committee on Labor, Public Employment and Retirement and the Assembly Committee on Insurance no later than January 1, 2027.
(2)The Commission on Health and Safety and Workers Compensation shall submit a report to the Legislature analyzing claims filed for post-traumatic stress disorder injury for which compensation is claimed by public safety dispatchers, public safety telecommunicators, and emergency response communication employees, from January 1, 2020, through December 31, 2023. The study shall review data, including, but not limited to, the total number of claims, frequency of claim acceptance, frequency of claim denial, the initial claim determination, and the average time between the filing of a claim and the final determination of compensability. The report shall be provided to the Senate Committee on Labor, Public Employment and Retirement and the Assembly Committee on Insurance no later than January 1, 2025. For purposes of this subdivision, a public safety dispatcher, public safety telecommunicator, or emergency response communication employee means an individual employed by a public safety agency whose primary responsibility is to receive, process, transmit, or dispatch emergency and nonemergency calls for law enforcement, fire, emergency medical, and other public safety services by telephone, radio, or other communication device, and includes an individual who supervises other individuals who perform these functions.
(3)A report submitted pursuant to this subdivision shall be submitted in compliance with Section 9795 of the Government Code.
(g)This section shall remain in effect only until January 1, 2029, and as of that date is repealed.
SEC. 8.Section 3212.6 of the Labor Code is amended to read:3212.6.(a)(1)In the case of a member of a police department of a city or county, or a member of the sheriffs office of a county, or a member of the California Highway Patrol, or an inspector or investigator in a district attorneys office of any county whose principal duties consist of active law enforcement service, or a prison or jail guard or correctional officer who is employed by a public agency, when that person is employed upon a regular, full-time salary, or in the case of members of fire departments of any city, county, or district, or other public or municipal corporations or political subdivisions, when those members are employed on a regular fully paid basis, and in the case of active firefighting members of the Department of Forestry and Fire Protection whose duties require firefighting and first-aid response services, or of any county forestry or firefighting department or unit, where those members are employed on a regular fully paid basis, excepting those whose principal duties are clerical or otherwise do not clearly fall within the scope of active law enforcement, firefighting, or emergency first-aid response service such as stenographers, telephone operators, and other officeworkers, the term injury includes tuberculosis that develops or manifests itself during a period while that member is in the service of that department or office. The compensation that is awarded for the tuberculosis shall include full hospital, surgical, medical treatment, disability indemnity, and death benefits as provided by the provisions of this division.
(2)The tuberculosis so developing or manifesting itself shall be presumed to arise out of and in the course of the employment. This presumption is disputable and may be controverted by other evidence, but unless so controverted, the appeals board is bound to find in accordance with it. This presumption shall be extended to a member following termination of service for a period of three calendar months for each full year of the requisite service, but not to exceed 60 months in any circumstance, commencing with the last date actually worked in the specified capacity.
(3)A public entity may require applicants for employment in firefighting positions who would be entitled to the benefits granted by this section to be tested for infection for tuberculosis.
(b)This section also applies to all of the following, for injuries occurring on or after January 1, 2026:
(1)Active firefighting members of a fire department that serves a United States Department of Defense installation and who are certified by the United States Department of Defense as meeting its standards for firefighters.
(2)Active firefighting members of a fire department that serves a National Aeronautics and Space Administration installation and who adhere to training standards established in accordance with Article 4 (commencing with Section 13155) of Chapter 1 of Part 2 of Division 12 of the Health and Safety Code.
(3)Active firefighting members of a fire department that provides fire protection to a commercial airport regulated by the Federal Aviation Administration (FAA) under Part 139 (commencing with Section 139.1) of Subchapter G of Chapter I of Title 14 of the Code of Federal Regulations and are trained in accordance with the standards of Section 139.319 of Title 14 of the Code of Federal Regulations.
SEC. 9.Section 3212.8 of the Labor Code is amended to read:3212.8.(a)In the case of members of a sheriffs office, of police or fire departments of cities, counties, cities and counties, districts, or other public or municipal corporations or political subdivisions, or individuals described in Chapter 4.5 (commencing with Section 830) of Title 3 of Part 2 of the Penal Code, whether those persons are volunteer, partly paid, or fully paid, and in the case of active firefighting members of the Department of Forestry and Fire Protection, or of any county forestry or firefighting department or unit, whether voluntary, fully paid, or partly paid, excepting those whose principal duties are clerical or otherwise do not clearly fall within the scope of active law enforcement service or active firefighting services, such as stenographers, telephone operators, and other officeworkers, the term injury as used in this division, includes a blood-borne infectious disease or methicillin-resistant Staphylococcus aureus skin infection when any part of the blood-borne infectious disease or methicillin-resistant Staphylococcus aureus skin infection develops or manifests itself during a period while that person is in the service of that office, staff, division, department, or unit. The compensation that is awarded for a blood-borne infectious disease or methicillin-resistant Staphylococcus aureus skin infection shall include, but not be limited to, full hospital, surgical, medical treatment, disability indemnity, and death benefits, as provided by the workers compensation laws of this state.
(b)(1)The blood-borne infectious disease or methicillin-resistant Staphylococcus aureus skin infection so developing or manifesting itself in those cases shall be presumed to arise out of and in the course of the employment or service. This presumption is disputable and may be controverted by other evidence, but unless so controverted, the appeals board is bound to find in accordance with it.
(2)The blood-borne infectious disease presumption shall be extended to a person covered by subdivision (a) following termination of service for a period of three calendar months for each full year of service, but not to exceed 60 months in any circumstance, commencing with the last date actually worked in the specified capacity.
(3)Notwithstanding paragraph (2), the methicillin-resistant Staphylococcus aureus skin infection presumption shall be extended to a person covered by subdivision (a) following termination of service for a period of 90 days, commencing with the last day actually worked in the specified capacity.
(c)The blood-borne infectious disease or methicillin-resistant Staphylococcus aureus skin infection so developing or manifesting itself in those cases shall in no case be attributed to any disease or skin infection existing prior to that development or manifestation.
(d)For the purposes of this section, blood-borne infectious disease means a disease caused by exposure to pathogenic microorganisms that are present in human blood that can cause disease in humans, including those pathogenic microorganisms defined as blood-borne pathogens by the Department of Industrial Relations.
(e)This section also applies to all of the following, for injuries occurring on or after January 1, 2026:
(1)Active firefighting members of a fire department that serves a United States Department of Defense installation and who are certified by the United States Department of Defense as meeting its standards for firefighters.
(2)Active firefighting members of a fire department that serves a National Aeronautics and Space Administration installation and who adhere to training standards established in accordance with Article 4 (commencing with Section 13155) of Chapter 1 of Part 2 of Division 12 of the Health and Safety Code.
(3)Active firefighting members of a fire department that provides fire protection to a commercial airport regulated by the Federal Aviation Administration (FAA) under Part 139 (commencing with Section 139.1) of Subchapter G of Chapter I of Title 14 of the Code of Federal Regulations and are trained in accordance with the standards of Section 139.319 of Title 14 of the Code of Federal Regulations.
SEC. 10.Section 3212.85 of the Labor Code is amended to read:3212.85.(a)This section applies to peace officers described in Sections 830.1 to 830.5, inclusive, of the Penal Code, and members of a fire department.
(b)The term injury, as used in this division, includes illness or resulting death due to exposure to a biochemical substance that develops or occurs during a period in which any member described in subdivision (a) is in the service of the department or unit.
(c)The compensation that is awarded for injury pursuant to this section shall include full hospital, surgical, medical treatment, disability indemnity, and death benefits, as provided by this division.
(d)The injury that develops or manifests itself in these cases shall be presumed to arise out of, and in the course of, the employment. This presumption is disputable and may be controverted by other evidence. Unless controverted, the appeals board is bound to find in accordance with the presumption. This presumption shall be extended to a member following termination of service for a period of three calendar months for each full year of the requisite service, but not to exceed 60 months in any circumstance, commencing with the last date actually worked in the specified capacity.
(e)For purposes of this section, the following definitions apply:
(1)Biochemical substance means any biological or chemical agent that may be used as a weapon of mass destruction, including, but not limited to, any chemical warfare agent, weaponized biological agent, or nuclear or radiological agent, as these terms are defined in Section 11417 of the Penal Code.
(2)Members of a fire department includes, but is not limited to, an apprentice, volunteer, partly paid, or fully paid member of any of the following:
(A)A fire department of a city, county, city and county, district, or other public or municipal corporation or political subdivision.
(B)A fire department of the University of California and the California State University.
(C)The Department of Forestry and Fire Protection.
(D)A county forestry or firefighting department or unit.
(E)Active firefighting members of a fire department that serves a United States Department of Defense installation and who are certified by the United States Department of Defense as meeting its standards for firefighters for injuries occurring on or after January 1, 2026.
(F)Active firefighting members of a fire department that serves a National Aeronautics and Space Administration installation and who adhere to training standards established in accordance with Article 4 (commencing with Section 13155) of Chapter 1 of Part 2 of Division 12 of the Health and Safety Code for injuries occurring on or after January 1, 2026.
(G)Active firefighting members of a fire department that provides fire protection to a commercial airport regulated by the Federal Aviation Administration (FAA) under Part 139 (commencing with Section 139.1) of Subchapter G of Chapter I of Title 14 of the Code of Federal Regulations and are trained in accordance with the standards of Section 139.319 of Title 14 of the Code of Federal Regulations for injuries occurring on or after January 1, 2026.
SEC. 11.Section 3212.9 of the Labor Code is amended to read:3212.9.(a)(1)In the case of a member of a police department of a city, county, or city and county, or a member of the sheriffs office of a county, or a member of the California Highway Patrol, or a county probation officer, or an inspector or investigator in a district attorneys office of any county whose principal duties consist of active law enforcement service, when that person is employed on a regular, full-time salary, or in the case of a member of a fire department of any city, county, or district, or other public or municipal corporation or political subdivision, or any county forestry or firefighting department or unit, when those members are employed on a regular full-time salary, excepting those whose principal duties are clerical or otherwise do not clearly fall within the scope of active law enforcement or firefighting, such as stenographers, telephone operators, and other officeworkers, the term injury includes meningitis that develops or manifests itself during a period while that person is in the service of that department, office, or unit. The compensation that is awarded for the meningitis shall include full hospital, surgical, medical treatment, disability indemnity, and death benefits as provided by the provisions of this division.
(2)The meningitis so developing or manifesting itself shall be presumed to arise out of and in the course of the employment. This presumption is disputable and may be controverted by other evidence, but unless so controverted, the appeals board is bound to find in accordance with it. This presumption shall be extended to a person following termination of service for a period of three calendar months for each full year of the requisite service, but not to exceed 60 months in any circumstance, commencing with the last date actually worked in the specified capacity.
(b)This section also applies to all of the following, for injuries occurring on or after January 1, 2026:
(1)Active firefighting members of a fire department that serves a United States Department of Defense installation and who are certified by the United States Department of Defense as meeting its standards for firefighters.
(2)Active firefighting members of a fire department that serves a National Aeronautics and Space Administration installation and who adhere to training standards established in accordance with Article 4 (commencing with Section 13155) of Chapter 1 of Part 2 of Division 12 of the Health and Safety Code.
(3)Active firefighting members of a fire department that provides fire protection to a commercial airport regulated by the Federal Aviation Administration (FAA) under Part 139 (commencing with Section 139.1) of Subchapter G of Chapter I of Title 14 of the Code of Federal Regulations and are trained in accordance with the standards of Section 139.319 of Title 14 of the Code of Federal Regulations.
SEC. 12.Section 832 of the Unemployment Insurance Code is amended to read:832.(a)The administrator shall at least annually calculate, as of the close of and for the immediately preceding fiscal year, the experiences of school employers relative to usage of the Unemployment Fund. The calculations shall include tabulations on the experience of each school employer in relation to the expenditures from and the income to the School Employees Fund from the wages paid by the employer. All school employers shall be listed and ranked by ratio of use. The administrator shall also develop experience relationships on all benefits paid to employees through the School Employees Fund and on school employers experience related to use and exposure. Data shall relate to numbers of employees and types of programs and shall be calculated as of the close of and for the immediately preceding fiscal year. The report shall contain comments and recommendations on improvements to the administration, enforcement, and financing of the provisions relative to this article. The report by the administrator on the above shall be made each year to the Legislature and to the affected school employer, and governing board thereof, before March 31.
(b)A report to be submitted pursuant to subdivision (a) shall be submitted in compliance with Section 9795 of the Government Code.
SEC. 13.Section 4902 of the Unemployment Insurance Code is amended to read:4902.(a)The report, required by Section 4901, shall be transmitted to the Legislative Analyst, the Assembly Committees on Insurance, Labor and Employment, and Budget, the Senate Committees on Industrial Relations and Budget and Fiscal Review, the Department of Finance, and the Governor, on or before February 1 of each even-numbered year. The report shall do all of the following:
(1)Provide a strategic information technology plan that describes the long-term goals and strategies that shall be undertaken by the department to create an information technology environment that will not only support the achievement of the departments strategic business mission and goals but set the foundation for using information technology to make substantial and sustainable improvements in how it conducts business. The plan shall cover a three-year planning horizon and include the departments information vision, its information management principles, and long-term goals and strategies for achieving its information vision.
(2)Provide a tactical information plan of specific automation and infrastructure projects to be undertaken within three years of the date of the report. The plan shall include project description and scope, consistency with the strategic information plan, relationship to other projects, priority of development, estimated project costs and benefits, and improvements in services. For automation projects, it shall also provide reductions in personnel and operating costs, and identification of how personnel and cost savings will be used, transferred, or otherwise accounted for.
(3)Not necessarily be in addition to or replace any reports now submitted by the director to the California Department of Technology.
(b)A report to be submitted pursuant to subdivision (a) shall be submitted in compliance with Section 9795 of the Government Code.
(a)An election, revocation, or change of election shall be made within 60 calendar days after the making of the first payment on account of any retirement allowance or, in the event of a change of retirement status after retirement, within 60 calendar days after the making of the first payment on account of any retirement allowance following the change in retirement status. Change in retirement status includes, but is not limited to, change from service to disability retirement, from disability retirement to service retirement, from nonindustrial disability retirement to industrial disability retirement, or from industrial to nonindustrial disability retirement.
(b)For purposes of this section, payment shall be deemed to have been made on the date a warrant is mailed, or the date funds are electronically transferred to a bank, savings and loan association, or credit union account for deposit in the members account.
(c)This section shall not be construed to authorize a member to change their retirement status after the election, revocation, or change of election provided in this section.
(d)This section shall apply to any member who retires on or after January 1, 2018.
SEC. 2.Section 98 of the Labor Code is amended to read:98.(a)The Labor Commissioner is authorized to investigate employee complaints. The Labor Commissioner may provide for a hearing in any action to recover wages, penalties, and other demands for compensation, including liquidated damages if the complaint alleges payment of a wage less than the minimum wage fixed by an order of the Industrial Welfare Commission or by statute, properly before the division or the Labor Commissioner, including orders of the Industrial Welfare Commission, and shall determine all matters arising under their jurisdiction. The Labor Commissioner may also provide for a hearing to recover civil penalties due pursuant to Section 558 against any employer or other person acting on behalf of an employer, including, but not limited to, an individual liable pursuant to Section 558.1. It is within the jurisdiction of the Labor Commissioner to accept and determine claims from holders of payroll checks or payroll drafts returned unpaid because of insufficient funds, if, after a diligent search, the holder is unable to return the dishonored check or draft to the payee and recover the sums paid out. Within 30 days of the filing of the complaint, the Labor Commissioner shall notify the parties as to whether a hearing will be held, whether action will be taken in accordance with Section 98.3, or whether no further action will be taken on the complaint. If the determination is made by the Labor Commissioner to hold a hearing, the hearing shall be held within 90 days of the date of that determination. However, the Labor Commissioner may postpone or grant additional time before setting a hearing if the Labor Commissioner finds that it would lead to an equitable and just resolution of the dispute. A party who has received actual notice of a claim before the Labor Commissioner shall, while the matter is before the Labor Commissioner, notify the Labor Commissioner in writing of any change in that partys business, business address, personal address, or electronic address within 10 days after the change in address occurs.
It is the intent of the Legislature that hearings held pursuant to this section be conducted in an informal setting preserving the rights of the parties.
(b)When a hearing is set, a copy of the complaint, which shall include the amount of compensation requested, together with a notice of time and place of the hearing, shall be served on all parties.
(c)Within 10 days after service of the notice and the complaint, a defendant may file an answer with the Labor Commissioner in any form as the Labor Commissioner may prescribe, setting forth the particulars in which the complaint is inaccurate or incomplete and the facts upon which the defendant intends to rely.
(d)No pleading other than the complaint and answer of the defendant or defendants shall be required. Both shall be in writing and shall conform to the form and the rules of practice and procedure adopted by the Labor Commissioner.
(e)Evidence on matters not pleaded in the answer shall be allowed only on terms and conditions the Labor Commissioner shall impose. In all these cases, the claimant shall be entitled to a continuance for purposes of review of the new evidence.
(f)If the defendant fails to appear or answer within the time allowed under this chapter, no default shall be taken against them, but the Labor Commissioner shall hear the evidence offered and shall issue an order, decision, or award in accordance with the evidence. A defendant failing to appear or answer, or subsequently contending to be aggrieved in any manner by want of notice of the pendency of the proceedings, may apply to the Labor Commissioner for relief in accordance with Section 473 of the Code of Civil Procedure. The Labor Commissioner may afford this relief. No right to relief, including the claim that the findings or award of the Labor Commissioner or judgment entered thereon are void upon their face, shall accrue to the defendant in any court unless prior application is made to the Labor Commissioner in accordance with this chapter.
(g)All hearings conducted pursuant to this chapter are governed by the division and by the rules of practice and procedure adopted by the Labor Commissioner.
(h)(1)Whenever a claim is filed under this chapter against a person operating or doing business under a fictitious business name, as defined in Section 17900 of the Business and Professions Code, which relates to the persons business, the division shall inquire at the time of the hearing whether the name of the person is the legal name under which the business or person has been licensed, registered, incorporated, or otherwise authorized to do business.
(2)The division may amend an order, decision, or award to conform to the legal name of the business or the person who is the defendant to a wage claim, if it can be shown that proper service was made on the defendant or their agent, unless a judgment had been entered on the order, decision, or award pursuant to subdivision (d) of Section 98.2. The Labor Commissioner may apply to the clerk of the superior court to amend a judgment that has been issued pursuant to a final order, decision, or award to conform to the legal name of the defendant, if it can be shown that proper service was made on the defendant or their agent.
(i)(A)A notice required to be given pursuant to this section shall be given by personal service, first-class mail, certified mail, registered mail, in the manner specified in Section 415.20 of the Code of Civil Procedure, or by any manner that the party agrees to accept service, including, but not limited to, electronic service.
(B)A party that is represented by an attorney shall provide the Labor Commissioner with the attorneys electronic mail address and shall accept electronic service from the Labor Commissioner.
SEC. 3.Section 98.1 of the Labor Code is amended to read:98.1.(a)(1)Within 15 days after the hearing is concluded, the Labor Commissioner shall file in the office of the division a copy of the order, decision, or award. The order, decision, or award shall include a summary of the hearing and the reasons for the decision. Upon filing of the order, decision, or award, the Labor Commissioner shall serve a copy of the decision personally, by first-class mail, or in the manner specified in Section 415.20 of the Code of Civil Procedure on the parties. in compliance with paragraph (2). The notice shall also advise the parties of their right to appeal the decision or award and further advise the parties that failure to do so within the period prescribed by this chapter shall result in the decision or award becoming final and enforceable as a judgment by the superior court.
(2)(A)The Labor Commissioner shall serve the notice required by this subdivision by personal service, first-class mail, certified mail, registered mail, in the manner specified in Section 415.20 of the Code of Civil Procedure, or by any manner that the party agrees to accept service, including, but not limited to, electronic service.
(B)A party that is represented by an attorney shall provide the Labor Commissioner with the attorneys electronic mail address and shall accept electronic service from the Labor Commissioner.
(b)For the purpose of this section, an award shall include any sums found owing, damages proved, and any penalties awarded pursuant to this code.
(c)All awards granted pursuant to a hearing under this chapter shall accrue interest on all due and unpaid wages at the same rate as prescribed by subdivision (b) of Section 3289 of the Civil Code. The interest shall accrue until the wages are paid from the date that the wages were due and payable as provided in Part 1 (commencing with Section 200) of Division 2.
SEC. 3.SEC. 4.Section 226.8 of the Labor Code is amended to read:226.8.(a)It is unlawful for any person or employer to engage in any of the following activities:
(1)Willful misclassification of an individual as an independent contractor.
(2)Charging an individual who has been willfully misclassified as an independent contractor a fee, or making any deductions from compensation, for any purpose, including for goods, materials, space rental, services, government licenses, repairs, equipment maintenance, or fines arising from the individuals employment where any of the acts described in this paragraph would have violated the law if the individual had not been misclassified.
(b)If the Labor and Workforce Development Agency or a court issues a determination that a person or employer has engaged in any of the enumerated violations of subdivision (a), the person or employer shall be subject to a civil penalty of not less than five thousand dollars ($5,000) and not more than fifteen thousand dollars ($15,000) for each violation, in addition to any other penalties or fines permitted by law.
(c)If the Labor and Workforce Development Agency or a court issues a determination that a person or employer has engaged in any of the enumerated violations of subdivision (a) and the person or employer has engaged in or is engaging in a pattern or practice of these violations, the person or employer shall be subject to a civil penalty of not less than ten thousand dollars ($10,000) and not more than twenty-five thousand dollars ($25,000) for each violation, in addition to any other penalties or fines permitted by law.
(d)(1)If the Labor and Workforce Development Agency or a court issues a determination that a person or employer that is a licensed contractor pursuant to the Contractors State License Law has violated subdivision (a), the agency, in addition to any other remedy that has been ordered, shall transmit a certified copy of the order to the Contractors State License Board.
(2)The registrar of the Contractors State License Board shall initiate disciplinary action against a licensee within 30 days of receiving a certified copy of an agency or court order that resulted in disbarment pursuant to paragraph (1).
(e)If the Labor and Workforce Development Agency or a court issues a determination that a person or employer has violated subdivision (a), the agency or court, in addition to any other remedy that has been ordered, shall order the person or employer to display prominently on its internet website, in an area which is accessible to all employees and the general public, or, if the person or employer does not have an internet website, to display prominently in an area that is accessible to all employees and the general public at each location where a violation of subdivision (a) occurred, a notice that sets forth all of the following:
(1)That the Labor and Workforce Development Agency or a court, as applicable, has found that the person or employer has committed a serious violation of the law by engaging in the willful misclassification of employees.
(2)That the person or employer has changed its business practices in order to avoid committing further violations of this section.
(3)That any employee who believes that they are being misclassified as an independent contractor may contact the Labor and Workforce Development Agency. The notice shall include the mailing address, email address, and telephone number of the agency.
(4)That the notice is being posted pursuant to a state order.
(f)In addition to including the information specified in subdivision (e), a person or employer also shall satisfy the following requirements in preparing the notice:
(1)An officer shall sign the notice.
(2)It shall post the notice for one year commencing with the date of the final decision and order.
(g)(1)In accordance with the procedures set forth in Sections 98, 98.1, 98.2, 98.3, 98.7, 98.74, or 1197.1, the Labor Commissioner may enforce this section and issue a determination that a person or employer has violated subdivision (a). This enforcement of this section may include investigating an alleged violation of subdivision (a), ordering appropriate temporary relief to mitigate the violation or to maintain the status quo pending the completion of an investigation or hearing, issuance of a citation against an employer who violates subdivision (a), and filing a civil action. If a citation is issued, the procedures for issuing, contesting, and enforcing judgments for citations and civil penalties issued by the Labor Commissioner shall be the same as those set out in Section 98.74 or 1197.1, as appropriate. A public prosecutor, as defined in subdivision (a) of Section 181, may also enforce this section by seeking the damages described in paragraph (2).
(2)In any enforcement pursuant to this subdivision, each employee under Sections 98 to 98.2, inclusive, the Labor Commissioner under Section 98.3, 98.7, 98.74, or 1197.1, or a public prosecutor, as defined in subdivision (a) of Section 181, may alternatively recover the penalties set forth in subdivisions (b) and (c) as damages payable to the employee. An employee is entitled to either recover the damages as provided for in this section or to enforce a civil penalty, as set forth in subdivision (a) of Section 2699, but not both, for the same violation. Except as specified in this section, the remedy provided by this section is cumulative and does not limit the availability of any other remedy available to the employee.
(h)Any administrative or civil penalty, damages, or disciplinary action pursuant to this section shall remain in effect against any successor corporation, owner, or business entity that satisfies both of the following:
(1)Has one or more of the same principals or officers as the person or employer subject to the penalty or action.
(2)Is engaged in the same or a similar business as the person or employer subject to the penalty or action.
(i)For purposes of this section, the following definitions apply:
(1)Determination means an order, decision, award, or citation issued by an agency or a court of competent jurisdiction for which the time to appeal has expired and for which no appeal is pending.
(2)Labor and Workforce Development Agency means the Labor and Workforce Development Agency or any of its departments, divisions, commissions, boards, or agencies.
(3)Officer means the chief executive officer, president, any vice president in charge of a principal business unit, division, or function, or any other officer of the corporation who performs a policymaking function. If the employer is a partnership, officer means a partner. If the employer is a sole proprietor, officer means the owner.
(4)Willful misclassification means avoiding employee status for an individual by voluntarily and knowingly misclassifying that individual as an independent contractor.
(j)Nothing in this section is intended to limit any rights or remedies otherwise available at law.
SEC. 4.SEC. 5.Section 3212 of the Labor Code is amended to read:3212.(a)(1)In the case of members of a sheriffs office or the California Highway Patrol, district attorneys staff of inspectors and investigators or of police or fire departments of cities, counties, cities and counties, districts or other public or municipal corporations or political subdivisions, whether those members are volunteer, partly paid, or fully paid, and in the case of active firefighting members of the Department of Forestry and Fire Protection whose duties require firefighting or of any county forestry or firefighting department or unit, whether voluntary, fully paid, or partly paid, and in the case of members of the warden service of the Wildlife Protection Branch of the Department of Fish and Wildlife whose principal duties consist of active law enforcement service, excepting those whose principal duties are clerical or otherwise do not clearly fall within the scope of active law enforcement service such as stenographers, telephone operators, and other officeworkers, the term injury as used in this act includes hernia when any part of the hernia develops or manifests itself during a period while the member is in the service in the office, staff, division, department, or unit, and in the case of members of fire departments, except those whose principal duties are clerical, such as stenographers, telephone operators, and other officeworkers, and in the case of county forestry or firefighting departments, except those whose principal duties are clerical, such as stenographers, telephone operators, and other officeworkers, and in the case of active firefighting members of the Department of Forestry and Fire Protection whose duties require firefighting, and in the case of members of the warden service of the Wildlife Protection Branch of the Department of Fish and Wildlife whose principal duties consist of active law enforcement service, excepting those whose principal duties are clerical or otherwise do not clearly fall within the scope of active law enforcement service such as stenographers, telephone operators, and other officeworkers, the term injury includes pneumonia and heart trouble that develops or manifests itself during a period while the member is in the service of the office, staff, department, or unit. In the case of regular salaried county or city and county peace officers, the term injury also includes any hernia that manifests itself or develops during a period while the officer is in the service. The compensation that is awarded for the hernia, heart trouble, or pneumonia shall include full hospital, surgical, medical treatment, disability indemnity, and death benefits, as provided by the workers compensation laws of this state.
(2)The hernia, heart trouble, or pneumonia so developing or manifesting itself in those cases shall be presumed to arise out of and in the course of the employment. This presumption is disputable and may be controverted by other evidence, but unless so controverted, the appeals board is bound to find in accordance with it. The presumption shall be extended to a member following termination of service for a period of three calendar months for each full year of the requisite service, but not to exceed 60 months in any circumstance, commencing with the last date actually worked in the specified capacity.
(3)The hernia, heart trouble, or pneumonia so developing or manifesting itself in those cases shall in no case be attributed to any disease existing prior to that development or manifestation.
(b)This section also applies to all of the following, for injuries occurring on or after January 1, 2026:
(1)Active firefighting members of a fire department that serves a United States Department of Defense installation and who are certified by the United States Department of Defense as meeting its standards for firefighters.
(2)Active firefighting members of a fire department that serves a National Aeronautics and Space Administration installation and who adhere to training standards established in accordance with Article 4 (commencing with Section 13155) of Chapter 1 of Part 2 of Division 12 of the Health and Safety Code.
(3)Active firefighting members of a fire department that provides fire protection to a commercial airport regulated by the Federal Aviation Administration (FAA) under Part 139 (commencing with Section 139.1) of Subchapter G of Chapter I of Title 14 of the Code of Federal Regulations and are trained in accordance with the standards of Section 139.319 of Title 14 of the Code of Federal Regulations.
SEC. 5.SEC. 6.Section 3212.1 of the Labor Code is amended to read:3212.1.(a)This section applies to all of the following:
(1)Active firefighting members, whether volunteers, partly paid, or fully paid, of all of the following fire departments:
(A)A fire department of a city, county, city and county, district, or other public or municipal corporation or political subdivision.
(B)A fire department of the University of California and the California State University.
(C)The Department of Forestry and Fire Protection.
(D)A county forestry or firefighting department or unit.
(2)Active firefighting members of a fire department that serves a United States Department of Defense installation and who are certified by the Department of Defense as meeting its standards for firefighters.
(3)Active firefighting members of a fire department that serves a National Aeronautics and Space Administration installation and who adhere to training standards established in accordance with Article 4 (commencing with Section 13155) of Chapter 1 of Part 2 of Division 12 of the Health and Safety Code.
(4)Active firefighting members of a fire department that provides fire protection to a commercial airport regulated by the Federal Aviation Administration (FAA) under Part 139 (commencing with Section 139.1) of Subchapter G of Chapter I of Title 14 of the Code of Federal Regulations and are trained in accordance with the standards of Section 139.319 of Title 14 of the Code of Federal Regulations for injuries occurring on or after January 1, 2026.
(5)Peace officers, as defined in Section 830.1, subdivision (a) of Section 830.2, and subdivisions (a) and (b) of Section 830.37, of the Penal Code, who are primarily engaged in active law enforcement activities.
(6)(A)Fire and rescue services coordinators who work for the Office of Emergency Services.
(B)For purposes of this paragraph, fire and rescue services coordinators means coordinators with any of the following job classifications: coordinator, senior coordinator, or chief coordinator.
(b)The term injury, as used in this division, includes cancer, including leukemia, that develops or manifests itself during a period in which any member described in subdivision (a) is in the service of the department or unit, if the member demonstrates that they were exposed, while in the service of the department or unit, to a known carcinogen as defined by the International Agency for Research on Cancer, or as defined by the director.
(c)The compensation that is awarded for cancer shall include full hospital, surgical, medical treatment, disability indemnity, and death benefits, as provided by this division.
(d)The cancer so developing or manifesting itself in these cases shall be presumed to arise out of and in the course of the employment. This presumption is disputable and may be controverted by evidence that the primary site of the cancer has been established and that the carcinogen to which the member has demonstrated exposure is not reasonably linked to the disabling cancer. Unless so controverted, the appeals board is bound to find in accordance with the presumption. This presumption shall be extended to a member following termination of service for a period of three calendar months for each full year of the requisite service, but not to exceed 120 months in any circumstance, commencing with the last date actually worked in the specified capacity.
(e)The amendments to this section enacted during the 1999 portion of the 19992000 Regular Session shall be applied to claims for benefits filed or pending on or after January 1, 1997, including, but not limited to, claims for benefits filed on or after that date that have previously been denied, or that are being appealed following denial.
(f)This section shall be known, and may be cited, as the William Dallas Jones Cancer Presumption Act of 2010.
SEC. 6.SEC. 7.Section 3212.15 of the Labor Code is amended to read:3212.15.(a)This section applies to all of the following:
(1)Active firefighting members, whether volunteers, partly paid, or fully paid, of all of the following fire departments:
(A)A fire department of a city, county, city and county, district, or other public or municipal corporation or political subdivision.
(B)A fire department of the University of California and the California State University.
(C)The Department of Forestry and Fire Protection.
(D)A county forestry or firefighting department or unit.
(2)Active firefighting members of a fire department that serves a United States Department of Defense installation and who are certified by the Department of Defense as meeting its standards for firefighters.
(3)Active firefighting members of a fire department that serves a National Aeronautics and Space Administration installation and who adhere to training standards established in accordance with Article 4 (commencing with Section 13155) of Chapter 1 of Part 2 of Division 12 of the Health and Safety Code.
(4)Active firefighting members of a fire department that provides fire protection to a commercial airport regulated by the Federal Aviation Administration (FAA) under Part 139 (commencing with Section 139.1) of Subchapter G of Chapter I of Title 14 of the Code of Federal Regulations and are trained in accordance with the standards of Section 139.319 of Title 14 of the Code of Federal Regulations for injuries occurring on or after January 1, 2026.
(5)Peace officers, as defined in Section 830.1 of, subdivisions (a), (b), and (c) of Section 830.2 of, Section 830.32 of, subdivisions (a) and (b) of Section 830.37 of, Section 830.5 of, and Section 830.55 of, the Penal Code, who are primarily engaged in active law enforcement activities.
(6)(A)Fire and rescue services coordinators who work for the Office of Emergency Services.
(B)For purposes of this paragraph, fire and rescue services coordinators means coordinators with any of the following job classifications: coordinator, senior coordinator, or chief coordinator.
(b)In the case of a person described in subdivision (a), the term injury, as used in this division, includes post-traumatic stress disorder, as diagnosed according to the most recent edition of the Diagnostic and Statistical Manual of Mental Disorders published by the American Psychiatric Association and that develops or manifests itself during a period in which any person described in subdivision (a) is in the service of the department, unit, office, or agency.
(c)For an injury that is diagnosed as specified in subdivision (b):
(1)The compensation that is awarded shall include full hospital, surgical, medical treatment, disability indemnity, and death benefits, as provided by this division.
(2)The injury so developing or manifesting itself in these cases shall be presumed to arise out of and in the course of the employment. This presumption is disputable and may be controverted by other evidence, but unless so controverted, the appeals board is bound to find in accordance with the presumption. This presumption shall be extended to a person described in subdivision (a) following termination of service for a period of 3 calendar months for each full year of the requisite service, but not to exceed 60 months in any circumstance, commencing with the last date actually worked in the specified capacity.
(d)Compensation shall not be paid pursuant to this section for a claim of injury unless the person has performed services for the department, unit, office, or agency for at least six months. The six months of employment need not be continuous. This subdivision does not apply if the injury is caused by a sudden and extraordinary employment condition.
(e)This section, as added by Section 2 of Chapter 390 of the Statutes of 2019, applies to injuries occurring on or after January 1, 2020.
(f)(1)The Commission on Health and Safety and Workers Compensation shall submit a report to the Legislature analyzing the effectiveness of the presumption created by this section. The report shall review data from post-traumatic stress disorder injuries for which compensation is claimed under this section from January 1, 2020, through December 31, 2025. The report shall be provided to the Senate Committee on Labor, Public Employment and Retirement and the Assembly Committee on Insurance no later than January 1, 2027.
(2)The Commission on Health and Safety and Workers Compensation shall submit a report to the Legislature analyzing claims filed for post-traumatic stress disorder injury for which compensation is claimed by public safety dispatchers, public safety telecommunicators, and emergency response communication employees, from January 1, 2020, through December 31, 2023. The study shall review data, including, but not limited to, the total number of claims, frequency of claim acceptance, frequency of claim denial, the initial claim determination, and the average time between the filing of a claim and the final determination of compensability. The report shall be provided to the Senate Committee on Labor, Public Employment and Retirement and the Assembly Committee on Insurance no later than January 1, 2025. For purposes of this subdivision, a public safety dispatcher, public safety telecommunicator, or emergency response communication employee means an individual employed by a public safety agency whose primary responsibility is to receive, process, transmit, or dispatch emergency and nonemergency calls for law enforcement, fire, emergency medical, and other public safety services by telephone, radio, or other communication device, and includes an individual who supervises other individuals who perform these functions.
(3)A report submitted pursuant to this subdivision shall be submitted in compliance with Section 9795 of the Government Code.
(g)This section shall remain in effect only until January 1, 2029, and as of that date is repealed.
SEC. 7.SEC. 8.Section 3212.6 of the Labor Code is amended to read:3212.6.(a)(1)In the case of a member of a police department of a city or county, or a member of the sheriffs office of a county, or a member of the California Highway Patrol, or an inspector or investigator in a district attorneys office of any county whose principal duties consist of active law enforcement service, or a prison or jail guard or correctional officer who is employed by a public agency, when that person is employed upon a regular, full-time salary, or in the case of members of fire departments of any city, county, or district, or other public or municipal corporations or political subdivisions, when those members are employed on a regular fully paid basis, and in the case of active firefighting members of the Department of Forestry and Fire Protection whose duties require firefighting and first-aid response services, or of any county forestry or firefighting department or unit, where those members are employed on a regular fully paid basis, excepting those whose principal duties are clerical or otherwise do not clearly fall within the scope of active law enforcement, firefighting, or emergency first-aid response service such as stenographers, telephone operators, and other officeworkers, the term injury includes tuberculosis that develops or manifests itself during a period while that member is in the service of that department or office. The compensation that is awarded for the tuberculosis shall include full hospital, surgical, medical treatment, disability indemnity, and death benefits as provided by the provisions of this division.
(2)The tuberculosis so developing or manifesting itself shall be presumed to arise out of and in the course of the employment. This presumption is disputable and may be controverted by other evidence, but unless so controverted, the appeals board is bound to find in accordance with it. This presumption shall be extended to a member following termination of service for a period of three calendar months for each full year of the requisite service, but not to exceed 60 months in any circumstance, commencing with the last date actually worked in the specified capacity.
(3)A public entity may require applicants for employment in firefighting positions who would be entitled to the benefits granted by this section to be tested for infection for tuberculosis.
(b)This section also applies to all of the following, for injuries occurring on or after January 1, 2026:
(1)Active firefighting members of a fire department that serves a United States Department of Defense installation and who are certified by the United States Department of Defense as meeting its standards for firefighters.
(2)Active firefighting members of a fire department that serves a National Aeronautics and Space Administration installation and who adhere to training standards established in accordance with Article 4 (commencing with Section 13155) of Chapter 1 of Part 2 of Division 12 of the Health and Safety Code.
(3)Active firefighting members of a fire department that provides fire protection to a commercial airport regulated by the Federal Aviation Administration (FAA) under Part 139 (commencing with Section 139.1) of Subchapter G of Chapter I of Title 14 of the Code of Federal Regulations and are trained in accordance with the standards of Section 139.319 of Title 14 of the Code of Federal Regulations.
SEC. 8.SEC. 9.Section 3212.8 of the Labor Code is amended to read:3212.8.(a)In the case of members of a sheriffs office, of police or fire departments of cities, counties, cities and counties, districts, or other public or municipal corporations or political subdivisions, or individuals described in Chapter 4.5 (commencing with Section 830) of Title 3 of Part 2 of the Penal Code, whether those persons are volunteer, partly paid, or fully paid, and in the case of active firefighting members of the Department of Forestry and Fire Protection, or of any county forestry or firefighting department or unit, whether voluntary, fully paid, or partly paid, excepting those whose principal duties are clerical or otherwise do not clearly fall within the scope of active law enforcement service or active firefighting services, such as stenographers, telephone operators, and other officeworkers, the term injury as used in this division, includes a blood-borne infectious disease or methicillin-resistant Staphylococcus aureus skin infection when any part of the blood-borne infectious disease or methicillin-resistant Staphylococcus aureus skin infection develops or manifests itself during a period while that person is in the service of that office, staff, division, department, or unit. The compensation that is awarded for a blood-borne infectious disease or methicillin-resistant Staphylococcus aureus skin infection shall include, but not be limited to, full hospital, surgical, medical treatment, disability indemnity, and death benefits, as provided by the workers compensation laws of this state.
(b)(1)The blood-borne infectious disease or methicillin-resistant Staphylococcus aureus skin infection so developing or manifesting itself in those cases shall be presumed to arise out of and in the course of the employment or service. This presumption is disputable and may be controverted by other evidence, but unless so controverted, the appeals board is bound to find in accordance with it.
(2)The blood-borne infectious disease presumption shall be extended to a person covered by subdivision (a) following termination of service for a period of three calendar months for each full year of service, but not to exceed 60 months in any circumstance, commencing with the last date actually worked in the specified capacity.
(3)Notwithstanding paragraph (2), the methicillin-resistant Staphylococcus aureus skin infection presumption shall be extended to a person covered by subdivision (a) following termination of service for a period of 90 days, commencing with the last day actually worked in the specified capacity.
(c)The blood-borne infectious disease or methicillin-resistant Staphylococcus aureus skin infection so developing or manifesting itself in those cases shall in no case be attributed to any disease or skin infection existing prior to that development or manifestation.
(d)For the purposes of this section, blood-borne infectious disease means a disease caused by exposure to pathogenic microorganisms that are present in human blood that can cause disease in humans, including those pathogenic microorganisms defined as blood-borne pathogens by the Department of Industrial Relations.
(e)This section also applies to all of the following, for injuries occurring on or after January 1, 2026:
(1)Active firefighting members of a fire department that serves a United States Department of Defense installation and who are certified by the United States Department of Defense as meeting its standards for firefighters.
(2)Active firefighting members of a fire department that serves a National Aeronautics and Space Administration installation and who adhere to training standards established in accordance with Article 4 (commencing with Section 13155) of Chapter 1 of Part 2 of Division 12 of the Health and Safety Code.
(3)Active firefighting members of a fire department that provides fire protection to a commercial airport regulated by the Federal Aviation Administration (FAA) under Part 139 (commencing with Section 139.1) of Subchapter G of Chapter I of Title 14 of the Code of Federal Regulations and are trained in accordance with the standards of Section 139.319 of Title 14 of the Code of Federal Regulations.
SEC. 9.SEC. 10.Section 3212.85 of the Labor Code is amended to read:3212.85.(a)This section applies to peace officers described in Sections 830.1 to 830.5, inclusive, of the Penal Code, and members of a fire department.
(b)The term injury, as used in this division, includes illness or resulting death due to exposure to a biochemical substance that develops or occurs during a period in which any member described in subdivision (a) is in the service of the department or unit.
(c)The compensation that is awarded for injury pursuant to this section shall include full hospital, surgical, medical treatment, disability indemnity, and death benefits, as provided by this division.
(d)The injury that develops or manifests itself in these cases shall be presumed to arise out of, and in the course of, the employment. This presumption is disputable and may be controverted by other evidence. Unless controverted, the appeals board is bound to find in accordance with the presumption. This presumption shall be extended to a member following termination of service for a period of three calendar months for each full year of the requisite service, but not to exceed 60 months in any circumstance, commencing with the last date actually worked in the specified capacity.
(e)For purposes of this section, the following definitions apply:
(1)Biochemical substance means any biological or chemical agent that may be used as a weapon of mass destruction, including, but not limited to, any chemical warfare agent, weaponized biological agent, or nuclear or radiological agent, as these terms are defined in Section 11417 of the Penal Code.
(2)Members of a fire department includes, but is not limited to, an apprentice, volunteer, partly paid, or fully paid member of any of the following:
(A)A fire department of a city, county, city and county, district, or other public or municipal corporation or political subdivision.
(B)A fire department of the University of California and the California State University.
(C)The Department of Forestry and Fire Protection.
(D)A county forestry or firefighting department or unit.
(E)Active firefighting members of a fire department that serves a United States Department of Defense installation and who are certified by the United States Department of Defense as meeting its standards for firefighters for injuries occurring on or after January 1, 2026.
(F)Active firefighting members of a fire department that serves a National Aeronautics and Space Administration installation and who adhere to training standards established in accordance with Article 4 (commencing with Section 13155) of Chapter 1 of Part 2 of Division 12 of the Health and Safety Code for injuries occurring on or after January 1, 2026.
(G)Active firefighting members of a fire department that provides fire protection to a commercial airport regulated by the Federal Aviation Administration (FAA) under Part 139 (commencing with Section 139.1) of Subchapter G of Chapter I of Title 14 of the Code of Federal Regulations and are trained in accordance with the standards of Section 139.319 of Title 14 of the Code of Federal Regulations for injuries occurring on or after January 1, 2026.
SEC. 10.SEC. 11.Section 3212.9 of the Labor Code is amended to read:3212.9.(a)(1)In the case of a member of a police department of a city, county, or city and county, or a member of the sheriffs office of a county, or a member of the California Highway Patrol, or a county probation officer, or an inspector or investigator in a district attorneys office of any county whose principal duties consist of active law enforcement service, when that person is employed on a regular, full-time salary, or in the case of a member of a fire department of any city, county, or district, or other public or municipal corporation or political subdivision, or any county forestry or firefighting department or unit, when those members are employed on a regular full-time salary, excepting those whose principal duties are clerical or otherwise do not clearly fall within the scope of active law enforcement or firefighting, such as stenographers, telephone operators, and other officeworkers, the term injury includes meningitis that develops or manifests itself during a period while that person is in the service of that department, office, or unit. The compensation that is awarded for the meningitis shall include full hospital, surgical, medical treatment, disability indemnity, and death benefits as provided by the provisions of this division.
(2)The meningitis so developing or manifesting itself shall be presumed to arise out of and in the course of the employment. This presumption is disputable and may be controverted by other evidence, but unless so controverted, the appeals board is bound to find in accordance with it. This presumption shall be extended to a person following termination of service for a period of three calendar months for each full year of the requisite service, but not to exceed 60 months in any circumstance, commencing with the last date actually worked in the specified capacity.
(b)This section also applies to all of the following, for injuries occurring on or after January 1, 2026:
(1)Active firefighting members of a fire department that serves a United States Department of Defense installation and who are certified by the United States Department of Defense as meeting its standards for firefighters.
(2)Active firefighting members of a fire department that serves a National Aeronautics and Space Administration installation and who adhere to training standards established in accordance with Article 4 (commencing with Section 13155) of Chapter 1 of Part 2 of Division 12 of the Health and Safety Code.
(3)Active firefighting members of a fire department that provides fire protection to a commercial airport regulated by the Federal Aviation Administration (FAA) under Part 139 (commencing with Section 139.1) of Subchapter G of Chapter I of Title 14 of the Code of Federal Regulations and are trained in accordance with the standards of Section 139.319 of Title 14 of the Code of Federal Regulations.
SEC. 11.SEC. 12.Section 832 of the Unemployment Insurance Code is amended to read:832.(a)The administrator shall at least annually calculate, as of the close of and for the immediately preceding fiscal year, the experiences of school employers relative to usage of the Unemployment Fund. The calculations shall include tabulations on the experience of each school employer in relation to the expenditures from and the income to the School Employees Fund from the wages paid by the employer. All school employers shall be listed and ranked by ratio of use. The administrator shall also develop experience relationships on all benefits paid to employees through the School Employees Fund and on school employers experience related to use and exposure. Data shall relate to numbers of employees and types of programs and shall be calculated as of the close of and for the immediately preceding fiscal year. The report shall contain comments and recommendations on improvements to the administration, enforcement, and financing of the provisions relative to this article. The report by the administrator on the above shall be made each year to the Legislature and to the affected school employer, and governing board thereof, before March 31.
(b)A report to be submitted pursuant to subdivision (a) shall be submitted in compliance with Section 9795 of the Government Code.
SEC. 12.SEC. 13.Section 4902 of the Unemployment Insurance Code is amended to read:4902.(a)The report, required by Section 4901, shall be transmitted to the Legislative Analyst, the Assembly Committees on Insurance, Labor and Employment, and Budget, the Senate Committees on Industrial Relations and Budget and Fiscal Review, the Department of Finance, and the Governor, on or before February 1 of each even-numbered year. The report shall do all of the following:
(1)Provide a strategic information technology plan that describes the long-term goals and strategies that shall be undertaken by the department to create an information technology environment that will not only support the achievement of the departments strategic business mission and goals but set the foundation for using information technology to make substantial and sustainable improvements in how it conducts business. The plan shall cover a three-year planning horizon and include the departments information vision, its information management principles, and long-term goals and strategies for achieving its information vision.
(2)Provide a tactical information plan of specific automation and infrastructure projects to be undertaken within three years of the date of the report. The plan shall include project description and scope, consistency with the strategic information plan, relationship to other projects, priority of development, estimated project costs and benefits, and improvements in services. For automation projects, it shall also provide reductions in personnel and operating costs, and identification of how personnel and cost savings will be used, transferred, or otherwise accounted for.
(3)Not necessarily be in addition to or replace any reports now submitted by the director to the California Department of Technology.
(b)A report to be submitted pursuant to subdivision (a) shall be submitted in compliance with Section 9795 of the Government Code.
(a)An election, revocation, or change of election shall be made within 30 60 calendar days after the making of the first payment on account of any retirement allowance or, in the event of a change of retirement status after retirement, within 30 60 calendar days after the making of the first payment on account of any retirement allowance following the change in retirement status. Change in retirement status includes, but is not limited to, change from service to disability retirement, from disability retirement to service retirement, from nonindustrial disability retirement to industrial disability retirement, or from industrial to nonindustrial disability retirement retirement.
(b)For purposes of this section, payment shall be deemed to have been made on the date a warrant is mailed, or the date funds are electronically transferred to a bank, savings and loan association, or credit union account for deposit in the members account.
(c)This section shall not be construed to authorize a member to change his or her their retirement status after the election, revocation, or change of election provided in this section.
(d)This section shall apply to any member who retires on or after January 1, 2018.
SEC. 2.Section 98 of the Labor Code is amended to read:98.(a)The Labor Commissioner is authorized to investigate employee complaints. The Labor Commissioner may provide for a hearing in any action to recover wages, penalties, and other demands for compensation, including liquidated damages if the complaint alleges payment of a wage less than the minimum wage fixed by an order of the Industrial Welfare Commission or by statute, properly before the division or the Labor Commissioner, including orders of the Industrial Welfare Commission, and shall determine all matters arising under his or her their jurisdiction. The Labor Commissioner may also provide for a hearing to recover civil penalties due pursuant to Section 558 against any employer or other person acting on behalf of an employer, including, but not limited to, an individual liable pursuant to Section 558.1. It is within the jurisdiction of the Labor Commissioner to accept and determine claims from holders of payroll checks or payroll drafts returned unpaid because of insufficient funds, if, after a diligent search, the holder is unable to return the dishonored check or draft to the payee and recover the sums paid out. Within 30 days of the filing of the complaint, the Labor Commissioner shall notify the parties as to whether a hearing will be held, whether action will be taken in accordance with Section 98.3, or whether no further action will be taken on the complaint. If the determination is made by the Labor Commissioner to hold a hearing, the hearing shall be held within 90 days of the date of that determination. However, the Labor Commissioner may postpone or grant additional time before setting a hearing if the Labor Commissioner finds that it would lead to an equitable and just resolution of the dispute. A party who has received actual notice of a claim before the Labor Commissioner shall, while the matter is before the Labor Commissioner, notify the Labor Commissioner in writing of any change in that partys business or business, personal address, or electronic address within 10 days after the change in address occurs.
It is the intent of the Legislature that hearings held pursuant to this section be conducted in an informal setting preserving the rights of the parties.
(b)When a hearing is set, a copy of the complaint, which shall include the amount of compensation requested, together with a notice of time and place of the hearing, shall be served on all parties, personally or by certified mail, or in the manner specified in Section 415.20 of the Code of Civil Procedure. parties.
(c)Within 10 days after service of the notice and the complaint, a defendant may file an answer with the Labor Commissioner in any form as the Labor Commissioner may prescribe, setting forth the particulars in which the complaint is inaccurate or incomplete and the facts upon which the defendant intends to rely.
(d)No pleading other than the complaint and answer of the defendant or defendants shall be required. Both shall be in writing and shall conform to the form and the rules of practice and procedure adopted by the Labor Commissioner.
(e)Evidence on matters not pleaded in the answer shall be allowed only on terms and conditions the Labor Commissioner shall impose. In all these cases, the claimant shall be entitled to a continuance for purposes of review of the new evidence.
(f)If the defendant fails to appear or answer within the time allowed under this chapter, no default shall be taken against him or her, them, but the Labor Commissioner shall hear the evidence offered and shall issue an order, decision, or award in accordance with the evidence. A defendant failing to appear or answer, or subsequently contending to be aggrieved in any manner by want of notice of the pendency of the proceedings, may apply to the Labor Commissioner for relief in accordance with Section 473 of the Code of Civil Procedure. The Labor Commissioner may afford this relief. No right to relief, including the claim that the findings or award of the Labor Commissioner or judgment entered thereon are void upon their face, shall accrue to the defendant in any court unless prior application is made to the Labor Commissioner in accordance with this chapter.
(g)All hearings conducted pursuant to this chapter are governed by the division and by the rules of practice and procedure adopted by the Labor Commissioner.
(h)(1)Whenever a claim is filed under this chapter against a person operating or doing business under a fictitious business name, as defined in Section 17900 of the Business and Professions Code, which relates to the persons business, the division shall inquire at the time of the hearing whether the name of the person is the legal name under which the business or person has been licensed, registered, incorporated, or otherwise authorized to do business.
(2)The division may amend an order, decision, or award to conform to the legal name of the business or the person who is the defendant to a wage claim, if it can be shown that proper service was made on the defendant or his or her their agent, unless a judgment had been entered on the order, decision, or award pursuant to subdivision (d) of Section 98.2. The Labor Commissioner may apply to the clerk of the superior court to amend a judgment that has been issued pursuant to a final order, decision, or award to conform to the legal name of the defendant, if it can be shown that proper service was made on the defendant or his or her their agent.
(i)(A)A notice required to be given pursuant to this section shall be given by personal service, first-class mail, certified mail, registered mail, in the manner specified in Section 415.20 of the Code of Civil Procedure, or by any manner that the party agrees to accept service, including, but not limited to, electronic service.
(B)A party that is represented by an attorney shall accept electronic service from the Labor Commissioner.
SEC. 3.Section 226.8 of the Labor Code is amended to read:226.8.(a)It is unlawful for any person or employer to engage in any of the following activities:
(1)Willful misclassification of an individual as an independent contractor.
(2)Charging an individual who has been willfully misclassified as an independent contractor a fee, or making any deductions from compensation, for any purpose, including for goods, materials, space rental, services, government licenses, repairs, equipment maintenance, or fines arising from the individuals employment where any of the acts described in this paragraph would have violated the law if the individual had not been misclassified.
(b)If the Labor and Workforce Development Agency or a court issues a determination that a person or employer has engaged in any of the enumerated violations of subdivision (a), the person or employer shall be subject to a civil penalty of not less than five thousand dollars ($5,000) and not more than fifteen thousand dollars ($15,000) for each violation, in addition to any other penalties or fines permitted by law.
(c)If the Labor and Workforce Development Agency or a court issues a determination that a person or employer has engaged in any of the enumerated violations of subdivision (a) and the person or employer has engaged in or is engaging in a pattern or practice of these violations, the person or employer shall be subject to a civil penalty of not less than ten thousand dollars ($10,000) and not more than twenty-five thousand dollars ($25,000) for each violation, in addition to any other penalties or fines permitted by law.
(d)(1)If the Labor and Workforce Development Agency or a court issues a determination that a person or employer that is a licensed contractor pursuant to the Contractors State License Law has violated subdivision (a), the agency, in addition to any other remedy that has been ordered, shall transmit a certified copy of the order to the Contractors State License Board.
(2)The registrar of the Contractors State License Board shall initiate disciplinary action against a licensee within 30 days of receiving a certified copy of an agency or court order that resulted in disbarment pursuant to paragraph (1).
(e)If the Labor and Workforce Development Agency or a court issues a determination that a person or employer has violated subdivision (a), the agency or court, in addition to any other remedy that has been ordered, shall order the person or employer to display prominently on its internet website, in an area which is accessible to all employees and the general public, or, if the person or employer does not have an internet website, to display prominently in an area that is accessible to all employees and the general public at each location where a violation of subdivision (a) occurred, a notice that sets forth all of the following:
(1)That the Labor and Workforce Development Agency or a court, as applicable, has found that the person or employer has committed a serious violation of the law by engaging in the willful misclassification of employees.
(2)That the person or employer has changed its business practices in order to avoid committing further violations of this section.
(3)That any employee who believes that they are being misclassified as an independent contractor may contact the Labor and Workforce Development Agency. The notice shall include the mailing address, email address, and telephone number of the agency.
(4)That the notice is being posted pursuant to a state order.
(f)In addition to including the information specified in subdivision (e), a person or employer also shall satisfy the following requirements in preparing the notice:
(1)An officer shall sign the notice.
(2)It shall post the notice for one year commencing with the date of the final decision and order.
(g)(1)In accordance with the procedures set forth in Sections 98, 98.1, 98.2, 98.3, 98.7, 98.74, or 1197.1, the Labor Commissioner may enforce this section and issue a determination that a person or employer has violated subdivision (a). This enforcement of this section may include investigating an alleged violation of subdivision (a), ordering appropriate temporary relief to mitigate the violation or to maintain the status quo pending the completion of an investigation or hearing, issuance of a citation against an employer who violates subdivision (a), and filing a civil action. If a citation is issued, the procedures for issuing, contesting, and enforcing judgments for citations and civil penalties issued by the Labor Commissioner shall be the same as those set out in Section 98.74 or 1197.1, as appropriate. A public prosecutor, as defined in subdivision (a) of Section 181, may also enforce this section by seeking the damages described in paragraph (2).
(2)In any enforcement pursuant to this subdivision, for each employee subject to under Sections 98 to 98.2, inclusive, the Labor Commissioner under Section 98.3, 98.7, 98.74, or 1197.1, or a public prosecutor, as defined in subdivision (a) of Section 181, may alternatively recover the penalties set forth in subdivisions (b) and (c) as damages payable to the employee. An employee is entitled to either recover the damages as provided for in this section or to enforce a civil penalty, as set forth in subdivision (a) of Section 2699, but not both, for the same violation. Except as specified in this section, the remedy provided by this section is cumulative and does not limit the availability of any other remedy available to the employee.
(h)Any administrative or civil penalty, damages, or disciplinary action pursuant to this section shall remain in effect against any successor corporation, owner, or business entity that satisfies both of the following:
(1)Has one or more of the same principals or officers as the person or employer subject to the penalty or action.
(2)Is engaged in the same or a similar business as the person or employer subject to the penalty or action.
(i)For purposes of this section, the following definitions apply:
(1)Determination means an order, decision, award, or citation issued by an agency or a court of competent jurisdiction for which the time to appeal has expired and for which no appeal is pending.
(2)Labor and Workforce Development Agency means the Labor and Workforce Development Agency or any of its departments, divisions, commissions, boards, or agencies.
(3)Officer means the chief executive officer, president, any vice president in charge of a principal business unit, division, or function, or any other officer of the corporation who performs a policymaking function. If the employer is a partnership, officer means a partner. If the employer is a sole proprietor, officer means the owner.
(4)Willful misclassification means avoiding employee status for an individual by voluntarily and knowingly misclassifying that individual as an independent contractor.
(j)Nothing in this section is intended to limit any rights or remedies otherwise available at law.
SEC. 4.Section 3212 of the Labor Code is amended to read:3212.(a)(1)In the case of members of a sheriffs office or the California Highway Patrol, district attorneys staff of inspectors and investigators or of police or fire departments of cities, counties, cities and counties, districts or other public or municipal corporations or political subdivisions, whether those members are volunteer, partly paid, or fully paid, and in the case of active firefighting members of the Department of Forestry and Fire Protection whose duties require firefighting or of any county forestry or firefighting department or unit, whether voluntary, fully paid, or partly paid, and in the case of members of the warden service of the Wildlife Protection Branch of the Department of Fish and Game Wildlife whose principal duties consist of active law enforcement service, excepting those whose principal duties are clerical or otherwise do not clearly fall within the scope of active law enforcement service such as stenographers, telephone operators, and other officeworkers, the term injury as used in this act includes hernia when any part of the hernia develops or manifests itself during a period while the member is in the service in the office, staff, division, department, or unit, and in the case of members of fire departments, except those whose principal duties are clerical, such as stenographers, telephone operators, and other officeworkers, and in the case of county forestry or firefighting departments, except those whose principal duties are clerical, such as stenographers, telephone operators, and other officeworkers, and in the case of active firefighting members of the Department of Forestry and Fire Protection whose duties require firefighting, and in the case of members of the warden service of the Wildlife Protection Branch of the Department of Fish and Game Wildlife whose principal duties consist of active law enforcement service, excepting those whose principal duties are clerical or otherwise do not clearly fall within the scope of active law enforcement service such as stenographers, telephone operators, and other officeworkers, the term injury includes pneumonia and heart trouble that develops or manifests itself during a period while the member is in the service of the office, staff, department, or unit. In the case of regular salaried county or city and county peace officers, the term injury also includes any hernia that manifests itself or develops during a period while the officer is in the service. The compensation that is awarded for the hernia, heart trouble, or pneumonia shall include full hospital, surgical, medical treatment, disability indemnity, and death benefits, as provided by the workers compensation laws of this state.
(2)The hernia, heart trouble, or pneumonia so developing or manifesting itself in those cases shall be presumed to arise out of and in the course of the employment. This presumption is disputable and may be controverted by other evidence, but unless so controverted, the appeals board is bound to find in accordance with it. The presumption shall be extended to a member following termination of service for a period of three calendar months for each full year of the requisite service, but not to exceed 60 months in any circumstance, commencing with the last date actually worked in the specified capacity.
(3)The hernia, heart trouble, or pneumonia so developing or manifesting itself in those cases shall in no case be attributed to any disease existing prior to that development or manifestation.
(b)This section also applies to all of the following, for injuries occurring on or after January 1, 2026:
(1)Active firefighting members of a fire department that serves a United States Department of Defense installation and who are certified by the United States Department of Defense as meeting its standards for firefighters.
(2)Active firefighting members of a fire department that serves a National Aeronautics and Space Administration installation and who adhere to training standards established in accordance with Article 4 (commencing with Section 13155) of Chapter 1 of Part 2 of Division 12 of the Health and Safety Code.
(3)Active firefighting members of a fire department that provides fire protection to a commercial airport regulated by the Federal Aviation Administration (FAA) under Part 139 (commencing with Section 139.1) of Subchapter G of Chapter I of Title 14 of the Federal Code of Code of Federal Regulations and are trained and certified by the State Fire Marshal as meeting in accordance with the standards of Fire Control 5 and Section 139.319 of Title 14 of the Federal Code of Code of Federal Regulations.
SEC. 5.Section 3212.1 of the Labor Code is amended to read:3212.1.(a)This section applies to all of the following:
(1)Active firefighting members, whether volunteers, partly paid, or fully paid, of all of the following fire departments:
(A)A fire department of a city, county, city and county, district, or other public or municipal corporation or political subdivision.
(B)A fire department of the University of California and the California State University.
(C)The Department of Forestry and Fire Protection.
(D)A county forestry or firefighting department or unit.
(2)Active firefighting members of a fire department that serves a United States Department of Defense installation and who are certified by the Department of Defense as meeting its standards for firefighters.
(3)Active firefighting members of a fire department that serves a National Aeronautics and Space Administration installation and who adhere to training standards established in accordance with Article 4 (commencing with Section 13155) of Chapter 1 of Part 2 of Division 12 of the Health and Safety Code.
(4)Active firefighting members of a fire department that provides fire protection to a commercial airport regulated by the Federal Aviation Administration (FAA) under Part 139 (commencing with Section 139.1) of Subchapter G of Chapter I of Title 14 of the Federal Code of Code of Federal Regulations and are trained and certified by the State Fire Marshal as meeting in accordance with the standards of Fire Control 5 and Section 139.319 of Title 14 of the Federal Code of Code of Federal Regulations for injuries occurring on or after January 1, 2026.
(5)Peace officers, as defined in Section 830.1, subdivision (a) of Section 830.2, and subdivisions (a) and (b) of Section 830.37, of the Penal Code, who are primarily engaged in active law enforcement activities.
(6)(A)Fire and rescue services coordinators who work for the Office of Emergency Services.
(B)For purposes of this paragraph, fire and rescue services coordinators means coordinators with any of the following job classifications: coordinator, senior coordinator, or chief coordinator.
(b)The term injury, as used in this division, includes cancer, including leukemia, that develops or manifests itself during a period in which any member described in subdivision (a) is in the service of the department or unit, if the member demonstrates that they were exposed, while in the service of the department or unit, to a known carcinogen as defined by the International Agency for Research on Cancer, or as defined by the director.
(c)The compensation that is awarded for cancer shall include full hospital, surgical, medical treatment, disability indemnity, and death benefits, as provided by this division.
(d)The cancer so developing or manifesting itself in these cases shall be presumed to arise out of and in the course of the employment. This presumption is disputable and may be controverted by evidence that the primary site of the cancer has been established and that the carcinogen to which the member has demonstrated exposure is not reasonably linked to the disabling cancer. Unless so controverted, the appeals board is bound to find in accordance with the presumption. This presumption shall be extended to a member following termination of service for a period of three calendar months for each full year of the requisite service, but not to exceed 120 months in any circumstance, commencing with the last date actually worked in the specified capacity.
(e)The amendments to this section enacted during the 1999 portion of the 19992000 Regular Session shall be applied to claims for benefits filed or pending on or after January 1, 1997, including, but not limited to, claims for benefits filed on or after that date that have previously been denied, or that are being appealed following denial.
(f)This section shall be known, and may be cited, as the William Dallas Jones Cancer Presumption Act of 2010.
SEC. 6.Section 3212.15 of the Labor Code is amended to read:3212.15.(a)This section applies to all of the following:
(1)Active firefighting members, whether volunteers, partly paid, or fully paid, of all of the following fire departments:
(A)A fire department of a city, county, city and county, district, or other public or municipal corporation or political subdivision.
(B)A fire department of the University of California and the California State University.
(C)The Department of Forestry and Fire Protection.
(D)A county forestry or firefighting department or unit.
(2)Active firefighting members of a fire department that serves a United States Department of Defense installation and who are certified by the Department of Defense as meeting its standards for firefighters.
(3)Active firefighting members of a fire department that serves a National Aeronautics and Space Administration installation and who adhere to training standards established in accordance with Article 4 (commencing with Section 13155) of Chapter 1 of Part 2 of Division 12 of the Health and Safety Code.
(4)Active firefighting members of a fire department that provides fire protection to a commercial airport regulated by the Federal Aviation Administration (FAA) under Part 139 (commencing with Section 139.1) of Subchapter G of Chapter I of Title 14 of the Federal Code of Code of Federal Regulations and are trained and certified by the State Fire Marshal as meeting in accordance with the standards of Fire Control 5 and Section 139.319 of Title 14 of the Federal Code of Code of Federal Regulations for injuries occurring on or after January 1, 2026.
(5)Peace officers, as defined in Section 830.1 of, subdivisions (a), (b), and (c) of Section 830.2 of, Section 830.32 of, subdivisions (a) and (b) of Section 830.37 of, Section 830.5 of, and Section 830.55 of, the Penal Code, who are primarily engaged in active law enforcement activities.
(6)(A)Fire and rescue services coordinators who work for the Office of Emergency Services.
(B)For purposes of this paragraph, fire and rescue services coordinators means coordinators with any of the following job classifications: coordinator, senior coordinator, or chief coordinator.
(b)In the case of a person described in subdivision (a), the term injury, as used in this division, includes post-traumatic stress disorder, as diagnosed according to the most recent edition of the Diagnostic and Statistical Manual of Mental Disorders published by the American Psychiatric Association and that develops or manifests itself during a period in which any person described in subdivision (a) is in the service of the department, unit, office, or agency.
(c)For an injury that is diagnosed as specified in subdivision (b):
(1)The compensation that is awarded shall include full hospital, surgical, medical treatment, disability indemnity, and death benefits, as provided by this division.
(2)The injury so developing or manifesting itself in these cases shall be presumed to arise out of and in the course of the employment. This presumption is disputable and may be controverted by other evidence, but unless so controverted, the appeals board is bound to find in accordance with the presumption. This presumption shall be extended to a person described in subdivision (a) following termination of service for a period of 3 calendar months for each full year of the requisite service, but not to exceed 60 months in any circumstance, commencing with the last date actually worked in the specified capacity.
(d)Compensation shall not be paid pursuant to this section for a claim of injury unless the person has performed services for the department, unit, office, or agency for at least six months. The six months of employment need not be continuous. This subdivision does not apply if the injury is caused by a sudden and extraordinary employment condition.
(e)This section, as added by Section 2 of Chapter 390 of the Statutes of 2019, applies to injuries occurring on or after January 1, 2020.
(f)(1)The Commission on Health and Safety and Workers Compensation shall submit a report to the Legislature analyzing the effectiveness of the presumption created by this section. The report shall review data from post-traumatic stress disorder injuries for which compensation is claimed under this section from January 1, 2020, through December 31, 2025. The report shall be provided to the Senate Committee on Labor, Public Employment and Retirement and the Assembly Committee on Insurance no later than January 1, 2027.
(2)The Commission on Health and Safety and Workers Compensation shall submit a report to the Legislature analyzing claims filed for post-traumatic stress disorder injury for which compensation is claimed by public safety dispatchers, public safety telecommunicators, and emergency response communication employees, from January 1, 2020, through December 31, 2023. The study shall review data, including, but not limited to, the total number of claims, frequency of claim acceptance, frequency of claim denial, the initial claim determination, and the average time between the filing of a claim and the final determination of compensability. The report shall be provided to the Senate Committee on Labor, Public Employment and Retirement and the Assembly Committee on Insurance no later than January 1, 2025. For purposes of this subdivision, a public safety dispatcher, public safety telecommunicator, or emergency response communication employee means an individual employed by a public safety agency whose primary responsibility is to receive, process, transmit, or dispatch emergency and nonemergency calls for law enforcement, fire, emergency medical, and other public safety services by telephone, radio, or other communication device, and includes an individual who supervises other individuals who perform these functions.
(3)A report submitted pursuant to this subdivision shall be submitted in compliance with Section 9795 of the Government Code.
(g)This section shall remain in effect only until January 1, 2029, and as of that date is repealed.
SEC. 7.Section 3212.6 of the Labor Code is amended to read:3212.6.(a)(1)In the case of a member of a police department of a city or county, or a member of the sheriffs office of a county, or a member of the California Highway Patrol, or an inspector or investigator in a district attorneys office of any county whose principal duties consist of active law enforcement service, or a prison or jail guard or correctional officer who is employed by a public agency, when that person is employed upon a regular, full-time salary, or in the case of members of fire departments of any city, county, or district, or other public or municipal corporations or political subdivisions, when those members are employed on a regular fully paid basis, and in the case of active firefighting members of the Department of Forestry and Fire Protection whose duties require firefighting and first-aid response services, or of any county forestry or firefighting department or unit, where those members are employed on a regular fully paid basis, excepting those whose principal duties are clerical or otherwise do not clearly fall within the scope of active law enforcement, firefighting, or emergency first-aid response service such as stenographers, telephone operators, and other officeworkers, the term injury includes tuberculosis that develops or manifests itself during a period while that member is in the service of that department or office. The compensation that is awarded for the tuberculosis shall include full hospital, surgical, medical treatment, disability indemnity, and death benefits as provided by the provisions of this division.
(2)The tuberculosis so developing or manifesting itself shall be presumed to arise out of and in the course of the employment. This presumption is disputable and may be controverted by other evidence, but unless so controverted, the appeals board is bound to find in accordance with it. This presumption shall be extended to a member following termination of service for a period of three calendar months for each full year of the requisite service, but not to exceed 60 months in any circumstance, commencing with the last date actually worked in the specified capacity.
(3)A public entity may require applicants for employment in firefighting positions who would be entitled to the benefits granted by this section to be tested for infection for tuberculosis.
(b)This section also applies to all of the following, for injuries occurring on or after January 1, 2026:
(1)Active firefighting members of a fire department that serves a United States Department of Defense installation and who are certified by the United States Department of Defense as meeting its standards for firefighters.
(2)Active firefighting members of a fire department that serves a National Aeronautics and Space Administration installation and who adhere to training standards established in accordance with Article 4 (commencing with Section 13155) of Chapter 1 of Part 2 of Division 12 of the Health and Safety Code.
(3)Active firefighting members of a fire department that provides fire protection to a commercial airport regulated by the Federal Aviation Administration (FAA) under Part 139 (commencing with Section 139.1) of Subchapter G of Chapter I of Title 14 of the Federal Code of Code of Federal Regulations and are trained and certified by the State Fire Marshal as meeting in accordance with the standards of Fire Control 5 and Section 139.319 of Title 14 of the Federal Code of Code of Federal Regulations.
SEC. 8.Section 3212.8 of the Labor Code is amended to read:3212.8.(a)In the case of members of a sheriffs office, of police or fire departments of cities, counties, cities and counties, districts, or other public or municipal corporations or political subdivisions, or individuals described in Chapter 4.5 (commencing with Section 830) of Title 3 of Part 2 of the Penal Code, whether those persons are volunteer, partly paid, or fully paid, and in the case of active firefighting members of the Department of Forestry and Fire Protection, or of any county forestry or firefighting department or unit, whether voluntary, fully paid, or partly paid, excepting those whose principal duties are clerical or otherwise do not clearly fall within the scope of active law enforcement service or active firefighting services, such as stenographers, telephone operators, and other officeworkers, the term injury as used in this division, includes a blood-borne infectious disease or methicillin-resistant Staphylococcus aureus skin infection when any part of the blood-borne infectious disease or methicillin-resistant Staphylococcus aureus skin infection develops or manifests itself during a period while that person is in the service of that office, staff, division, department, or unit. The compensation that is awarded for a blood-borne infectious disease or methicillin-resistant Staphylococcus aureus skin infection shall include, but not be limited to, full hospital, surgical, medical treatment, disability indemnity, and death benefits, as provided by the workers compensation laws of this state.
(b)(1)The blood-borne infectious disease or methicillin-resistant Staphylococcus aureus skin infection so developing or manifesting itself in those cases shall be presumed to arise out of and in the course of the employment or service. This presumption is disputable and may be controverted by other evidence, but unless so controverted, the appeals board is bound to find in accordance with it.
(2)The blood-borne infectious disease presumption shall be extended to a person covered by subdivision (a) following termination of service for a period of three calendar months for each full year of service, but not to exceed 60 months in any circumstance, commencing with the last date actually worked in the specified capacity.
(3)Notwithstanding paragraph (2), the methicillin-resistant Staphylococcus aureus skin infection presumption shall be extended to a person covered by subdivision (a) following termination of service for a period of 90 days, commencing with the last day actually worked in the specified capacity.
(c)The blood-borne infectious disease or methicillin-resistant Staphylococcus aureus skin infection so developing or manifesting itself in those cases shall in no case be attributed to any disease or skin infection existing prior to that development or manifestation.
(d)For the purposes of this section, blood-borne infectious disease means a disease caused by exposure to pathogenic microorganisms that are present in human blood that can cause disease in humans, including those pathogenic microorganisms defined as blood-borne pathogens by the Department of Industrial Relations.
(e)This section also applies to all of the following, for injuries occurring on or after January 1, 2026:
(1)Active firefighting members of a fire department that serves a United States Department of Defense installation and who are certified by the United States Department of Defense as meeting its standards for firefighters.
(2)Active firefighting members of a fire department that serves a National Aeronautics and Space Administration installation and who adhere to training standards established in accordance with Article 4 (commencing with Section 13155) of Chapter 1 of Part 2 of Division 12 of the Health and Safety Code.
(3)Active firefighting members of a fire department that provides fire protection to a commercial airport regulated by the Federal Aviation Administration (FAA) under Part 139 (commencing with Section 139.1) of Subchapter G of Chapter I of Title 14 of the Federal Code of Code of Federal Regulations and are trained and certified by the State Fire Marshal as meeting in accordance with the standards of Fire Control 5 and Section 139.319 of Title 14 of the Federal Code of Code of Federal Regulations.
SEC. 9.Section 3212.85 of the Labor Code is amended to read:3212.85.(a)This section applies to peace officers described in Sections 830.1 to 830.5, inclusive, of the Penal Code, and members of a fire department.
(b)The term injury, as used in this division, includes illness or resulting death due to exposure to a biochemical substance that develops or occurs during a period in which any member described in subdivision (a) is in the service of the department or unit.
(c)The compensation that is awarded for injury pursuant to this section shall include full hospital, surgical, medical treatment, disability indemnity, and death benefits, as provided by this division.
(d)The injury that develops or manifests itself in these cases shall be presumed to arise out of, and in the course of, the employment. This presumption is disputable and may be controverted by other evidence. Unless controverted, the appeals board is bound to find in accordance with the presumption. This presumption shall be extended to a member following termination of service for a period of three calendar months for each full year of the requisite service, but not to exceed 60 months in any circumstance, commencing with the last date actually worked in the specified capacity.
(e)For purposes of this section, the following definitions apply:
(1)Biochemical substance means any biological or chemical agent that may be used as a weapon of mass destruction, including, but not limited to, any chemical warfare agent, weaponized biological agent, or nuclear or radiological agent, as these terms are defined in Section 11417 of the Penal Code.
(2)Members of a fire department includes, but is not limited to, an apprentice, volunteer, partly paid, or fully paid member of any of the following:
(A)A fire department of a city, county, city and county, district, or other public or municipal corporation or political subdivision.
(B)A fire department of the University of California and the California State University.
(C)The Department of Forestry and Fire Protection.
(D)A county forestry or firefighting department or unit.
(E)Active firefighting members of a fire department that serves a United States Department of Defense installation and who are certified by the United States Department of Defense as meeting its standards for firefighters for injuries occurring on or after January 1, 2026.
(F)Active firefighting members of a fire department that serves a National Aeronautics and Space Administration installation and who adhere to training standards established in accordance with Article 4 (commencing with Section 13155) of Chapter 1 of Part 2 of Division 12 of the Health and Safety Code for injuries occurring on or after January 1, 2026.
(G)Active firefighting members of a fire department that provides fire protection to a commercial airport regulated by the Federal Aviation Administration (FAA) under Part 139 (commencing with Section 139.1) of Subchapter G of Chapter I of Title 14 of the Federal Code of Code of Federal Regulations and are trained and certified by the State Fire Marshal as meeting in accordance with the standards of Fire Control 5 and Section 139.319 of Title 14 of the Code of Federal Regulations for injuries occurring on or after January 1, 2026.
SEC. 10.Section 3212.9 of the Labor Code is amended to read:3212.9.(a)(1)In the case of a member of a police department of a city, county, or city and county, or a member of the sheriffs office of a county, or a member of the California Highway Patrol, or a county probation officer, or an inspector or investigator in a district attorneys office of any county whose principal duties consist of active law enforcement service, when that person is employed on a regular, full-time salary, or in the case of a member of a fire department of any city, county, or district, or other public or municipal corporation or political subdivision, or any county forestry or firefighting department or unit, when those members are employed on a regular full-time salary, excepting those whose principal duties are clerical or otherwise do not clearly fall within the scope of active law enforcement or firefighting, such as stenographers, telephone operators, and other officeworkers, the term injury includes meningitis that develops or manifests itself during a period while that person is in the service of that department, office, or unit. The compensation that is awarded for the meningitis shall include full hospital, surgical, medical treatment, disability indemnity, and death benefits as provided by the provisions of this division.
(2)The meningitis so developing or manifesting itself shall be presumed to arise out of and in the course of the employment. This presumption is disputable and may be controverted by other evidence, but unless so controverted, the appeals board is bound to find in accordance with it. This presumption shall be extended to a person following termination of service for a period of three calendar months for each full year of the requisite service, but not to exceed 60 months in any circumstance, commencing with the last date actually worked in the specified capacity.
(b)This section also applies to all of the following, for injuries occurring on or after January 1, 2026:
(1)Active firefighting members of a fire department that serves a United States Department of Defense installation and who are certified by the United States Department of Defense as meeting its standards for firefighters.
(2)Active firefighting members of a fire department that serves a National Aeronautics and Space Administration installation and who adhere to training standards established in accordance with Article 4 (commencing with Section 13155) of Chapter 1 of Part 2 of Division 12 of the Health and Safety Code.
(3)Active firefighting members of a fire department that provides fire protection to a commercial airport regulated by the Federal Aviation Administration (FAA) under Part 139 (commencing with Section 139.1) of Subchapter G of Chapter I of Title 14 of the Federal Code of Code of Federal Regulations and are trained and certified by the State Fire Marshal as meeting in accordance with the standards of Fire Control 5 and Section 139.319 of Title 14 of the Federal Code of Code of Federal Regulations.
SEC. 11.Section 832 of the Unemployment Insurance Code is amended to read:832.(a)The administrator shall at least annually calculate, as of the close of and for the immediately preceding fiscal year, the experiences of school employers relative to usage of the Unemployment Fund. The calculations shall include tabulations on the experience of each school employer in relation to the expenditures from and the income to the School Employees Fund from the wages paid by the employer. All school employers shall be listed and ranked by ratio of use. The administrator shall also develop experience relationships on all benefits paid to employees through the School Employees Fund and on school employers experience related to use and exposure. Data shall relate to numbers of employees and types of programs and shall be calculated as of the close of and for the immediately preceding fiscal year. The report shall contain comments and recommendations on improvements to the administration, enforcement, and financing of the provisions relative to this article. The report by the administrator on the above shall be made each year to the Legislature and to the affected school employer employer, and governing board thereof prior to thereof, before March 31.
(b)A report to be submitted pursuant to subdivision (a) shall be submitted in compliance with Section 9795 of the Government Code.
The administrator shall develop experience relationships on all benefits paid to employees via the School Employees Fund and on school employers experience related to use and exposure. Data shall relate to numbers of employees and types of programs and shall be calculated as of the close of and for the immediately preceding fiscal year. A report by the administrator on the above shall be made each year to the Legislature prior to March 31 containing comments and recommendations on improvement to administration, enforcement and financing of the provisions relative thereto.SEC. 12.Section 4902 of the Unemployment Insurance Code is amended to read:4902.(a)The report, required by Section 4901, shall be transmitted to the Legislative Analyst, the Assembly Committees on Insurance, Labor and Employment, and Budget, the Senate Committees on Industrial Relations and Budget and Fiscal Review, the Department of Finance, and the Governor, on or before February 1 of each even-numbered year. The report shall do all of the following:
(a)(1)Provide a strategic information technology plan that describes the long-term goals and strategies which that shall be undertaken by the department to create an information technology environment that will not only support the achievement of the departments strategic business mission and goals but set the foundation for using information technology to make substantial and sustainable improvements in how it conducts business. The plan shall cover a 10-year three-year planning horizon and include the departments information vision, its information management principles, and long-term goals and strategies for achieving its information vision.
(b)(2)Provide a tactical information plan of specific automation and infrastructure projects to be undertaken within three years of the date of the report. The plan shall include project description and scope, consistency with the strategic information plan, relationship to other projects, priority of development, estimated project costs and benefits, and improvements in services. For automation projects, it shall also provide reductions in personnel and operating costs, and identification of how personnel and cost savings will be used, transferred, or otherwise accounted for.
(c)(3)Not necessarily be in addition to or replace any reports now submitted by the director to the California Department of Technology.
(b)A report to be submitted pursuant to subdivision (a) shall be submitted in compliance with Section 9795 of the Government Code.
|
Date
|
Status
|
|---|---|
| Aug 27, 2026 | Chaptered by Secretary of State. Chapter 162, Statutes of 2026. |
| Aug 27, 2026 | Approved by the Governor. |
| Aug 18, 2026 | Enrolled and presented to the Governor at 3 p.m. |
| Aug 13, 2026 | In Senate. Ordered to engrossing and enrolling. |
| Aug 13, 2026 | Read third time. Passed. (Ayes 72. Noes 0. Page 6160.) Ordered to the Senate. |
| Aug 13, 2026 | Read third time. Passed. Ordered to the Senate. |
| Aug 6, 2026 | Read second time. Ordered to consent calendar. |
| Aug 5, 2026 | From committee: Do pass. Ordered to consent calendar. (Ayes 15. Noes 0.) (August 5). |
| Jun 24, 2026 | From committee: Do pass and re-refer to Com. on APPR. with recommendation: To consent calendar. (Ayes 6. Noes 0.) (June 24). Re-referred to Com. on APPR. |
| Jun 23, 2026 | From committee: Do pass and re-refer to Com. on P. E. & R. with recommendation: To consent calendar. (Ayes 17. Noes 0.) (June 17). Re-referred to Com. on P. E. & R. |
| Jun 18, 2026 | Assembly Rule 56 suspended. |
| May 26, 2026 | Referred to Coms. on INS. and P. E. & R. |
| May 7, 2026 | In Assembly. Read first time. Held at Desk. |
| May 7, 2026 | Read third time. Passed. (Ayes 36. Noes 0.) Ordered to the Assembly. |
| May 7, 2026 | Read third time. Passed. (Ayes 36. Noes 0. Page 4168.) Ordered to the Assembly. |
| May 5, 2026 | Read second time. Ordered to consent calendar. |
| May 4, 2026 | From committee: Be ordered to second reading pursuant to Senate Rule 28.8 and ordered to consent calendar. |
| Apr 28, 2026 | Set for hearing May 4. |
| Apr 23, 2026 | Read second time and amended. Re-referred to Com. on APPR. |
| Apr 22, 2026 | From committee: Do pass as amended and re-refer to Com. on APPR. with recommendation: To consent calendar. (Ayes 5. Noes 0.) (April 22). |
| Apr 22, 2026 | From committee: Do pass as amended and re-refer to Com. on APPR. with recommendation: To consent calendar. (Ayes 5. Noes 0. Page 4013.) (April 22). |
| Apr 15, 2026 | Set for hearing April 22. |
| Mar 25, 2026 | Referred to Com. on L., P.E. & R. |
| Mar 18, 2026 | From printer. May be acted upon on or after April 17. |
| Mar 17, 2026 | Introduced. Read first time. To Com. on RLS. for assignment. To print. |
|
Date
|
Description
|
Location
|
Votes
|
|
|---|---|---|---|---|
| Aug 13, 2026 | SB 1444 Labor, Public Employment and Retirement Consent Calendar Second Day Regular Session | Assembly Floor |
Passed |
|
| Aug 5, 2026 | Do pass. To Consent Calendar. | Assembly Standing Committee on Appropriations |
Passed |
|
| Jun 24, 2026 | Do pass and be re-referred to the Committee on [Appropriations] with recommendation: To Consent Calendar | Assembly Standing Committee on Public Employment and Retirement |
Passed |
|
| Jun 17, 2026 | Do pass as amended, and be re-referred to the Committee on [Public Employment and Retirement] with recommendation: To Consent Calendar | Assembly Standing Committee on Insurance |
Passed |
|
| Jun 17, 2026 | Do pass and be re-referred to the Committee on [Public Employment and Retirement] with recommendation: To Consent Calendar | Assembly Standing Committee on Insurance |
Passed |
|
| May 7, 2026 | Consent Calendar 2nd SB1444 L., P.E. & R. (Smallwood-Cuevas) | Senate Floor |
Passed |
|
| Apr 22, 2026 | Do pass as amended, but first amend, and re-refer to the Committee on [Appropriations] with the recommendation: To Consent Calendar | Senate Standing Committee on Labor, Public Employment and Retirement |
Passed |
This list shows positions taken on this bill by organizations on the date displayed, which is linked to the original source.
Positions by individuals are not included.
|
Organization
|
Position
|
Date
|
|---|---|---|
| Association Of California State Supervisors | ** Support | |
| California Professional Firefighters | ** Support | |
| California State Retirees | ** Support |
Date of Hearing: August 5, 2026
ASSEMBLY COMMITTEE ON APPROPRIATIONS
Buffy Wicks, Chair
SBPCA Bill Id:SB 1444
Author:(Committee on Labor, Public Employment and Retirement) – As Amended Ver:April 23, 2026
Policy Committee: | Insurance | Vote: | 17 - 0 |
Public Employment and Retirement | 6 - 0 | ||
|
|
Urgency: No State Mandated Local Program: No Reimbursable: No
SUMMARY:
This bill extends the timeframe a California Public Employees’ Retirement System (CalPERS) member has to change their designated beneficiary upon retirement and makes various changes to labor laws.
Specifically, this bill:
- Extends the timeframe, from 30 days after the first payment of a retirement allowance to 60 days after such a payment, within which a CalPERS member has to make an election, revocation, or change of election regarding the member’s designated beneficiary.
- Requires a party to an employee’s wage complaint filed with the Labor Commissioner (LC) to inform the LC of any changes to the party’s email address, adds additional mail options and electronic service to the list of methods by which the LC may provide a wage claim notice, and requires a party represented by an attorney to accept electronic service.
- Clarifies that an employee who is willfully misclassified as an independent contractor may directly recover civil penalties as damages payable to the employee, instead of only specifying the LC or a public prosecutor may recover such damages payable to the employee.
- Repeals the requirement that a firefighter serving a commercial airport have Fire Control 5 certification by the State Fire Marshal (SFM) in order for an existing rebuttable presumption applicable to certain first responders’ workers’ compensation claims to apply.
- Modifies reporting procedures of the Employment Development Department (EDD) regarding the School Employee Fund and EDD’s automation plans.
FISCAL EFFECT:
- Minor and absorbable costs to CalPERS to update informational materials and procedures regarding designated beneficiaries.
- Potential minor cost savings to the LC by allowing the use of less costly mail notices, including requiring email for certain communications, during wage claim proceedings.
- Potential minor cost savings to EDD by streamlining reporting requirements.
COMMENTS:
- Purpose. According to the author, “This omnibus bill makes statutory updates to improve efficiency, clarify, and modernization across several state programs.” This bill is supported by state retiree and supervisor groups and the California Professional Firefighters.
- Background. CalPERS Beneficiary. A CalPERS member may provide a designated beneficiary a lifetime allowance upon the member’s death by authorizing a reduction from the member’s unmodified pension allowance. Existing law requires an election, revocation, or change of election regarding the designated beneficiary to be made within 30 days after the first payment of the member’s retirement allowance or within 30 days after the first payment following a change in the member’s retirement status. This bill extends both 30-day timeframes to 60 days, providing the member with additional time to make this decision of lifelong consequence before the selection becomes irrevocable.
Employee Damages. According to the Senate Labor, Public Employment, and Retirement Committee’s analysis of this bill, this bill corrects a drafting error identified by the LC to AB 594 (Maienschein, Chapter 659, Statutes of 2023), which authorized public prosecution of certain Labor Code violations. This bill ensures that an employee may continue to recover misclassification penalties as damages.
Rebuttable Presumption. Existing law establishes industrial injury presumptions for certain first responders’ workers’ compensation claims, under which the specified injury is presumed to arise out of employment unless rebutted by the employer. A firefighter in California maintains such presumptions for cancer, post-traumatic stress disorder, tuberculosis, blood-borne infectious disease or certain staph bacteria infections, illness or death resulting from exposure to a biochemical substance, and meningitis. This bill repeals an outdated certification requirement that certain firefighters providing protection to a commercial airport must meet to qualify for the presumption.
EDD Reports. EDD is responsible for administering the School Employee Fund, which finances unemployment claims filed by school employees. This bill consolidates two separate reports that EDD must publish regarding school employers’ usage of the School Employee Fund to reduce duplication and requires EDD’s biennial report on automation planning to cover a three-year, instead of a 10-year, planning horizon given the rate of emerging technological advancements.
Analysis Prepared by: Irene Ho / APPR. / (916) 319-2081
Date of Hearing: June 24, 2026
ASSEMBLY COMMITTEE ON PUBLIC EMPLOYMENT AND RETIREMENT
Tina S. McKinnor, Chair
SBPCA Bill Id:SB 1444
Author:(Committee on Labor, Public Employment and Retirement) – As Amended Ver:April 23, 2026
SENATE VOTE: 36-0
SUBJECT: Employment
The committee is informed that this bill was heard and passed by the Assembly Committee on Insurance (17-0) on June 17, 2026. As such, this writing only discusses matters that are germane to the jurisdiction of this committee. Please refer to that committee’s analysis for a discussion of matters germane to its jurisdiction.
SUMMARY: Extends the timeframe under which a California Public Employees’ Retirement System (CalPERS) member can modify their post-retirement option beneficiary designation from 30 to 60 days after the making of the first payment, among other provisions that are not within the jurisdiction of this committee.
EXISTING LAW:
- Establishes the Public Employees’ Retirement Law, administered by CalPERS, to effect economy and efficiency in the public service by providing a means whereby employees who become superannuated or otherwise incapacitated may, without hardship or prejudice, be replaced by more capable employees, and to that end provide a retirement system consisting
of retirement compensation and death benefits. (Sections 20000 et seq., Gov. Code.)
- Establishes that public pension or retirement boards have sole and exclusive fiduciary responsibility over the assets of the system; sole and exclusive responsibility to administer the system in a manner that will assure prompt delivery of benefits and related services to participants and their beneficiaries, and among other things, must discharge their duties with the respect to the system with care, skill, prudence, and diligence under the circumstances then prevailing that a prudent person acting in a like capacity and familiar with these matters would use in the conduct of an enterprise of a like character and like aims. (Section 17, art. XVI, Cal. Const.)
- Authorizes a CalPERS member to elect from among several optional settlements for the purpose of structuring the member’s retirement allowance, and requires a member to make an election, revocation, or change of election within 30 calendar days after the making of the first payment on account of any retirement allowance or, in the event of a change of retirement status after retirement, within 30 calendar days after making the first payment on account of that change in retirement status. (Section 21472, Gov. Code.)
FISCAL EFFECT: This bill was passed by the Senate Committee on Appropriations pursuant to Senate Rule 28.8.
COMMENTS:
Background
A CalPERS member may provide a lifetime allowance to a designated beneficiary upon the member’s death by selecting an optional settlement, i.e., contract, for a reduction to their unmodified pension allowance. Under current law, the member may make a change to their option beneficiary prior to receiving their first pension check, which occurs approximately 30 days after their retirement date.
This Bill
Among other things, this bill provides CalPERS members an additional 30 days to modify their option beneficiary to ensure they have fully considered the lifelong consequence to their pension benefit before their selection becomes irrevocable.
To the extent that a member receives their first retirement allowance payment and thereafter, decides to modify their original election within 60 calendar days after they retire, the member may receive two retirement allowance payments during that period. Depending on the member’s modification, subsequent retirement allowance payments to the member may require an actuarial adjustment (reduction or increase) for a period of time to actuarially account for, and reflect, changes resulting from their modification.
Comment by the Assembly Committee on Labor and Employment
Due to schedule constraints prior to legislative deadlines to timely consider this bill where it could not be referred to, and heard by, the Assembly Committee on Labor and Employment that also has jurisdiction over certain provisions, the following information below was received from that committee:
“In addition to non-substantive, technical amendments to the Labor Code, this bill updates the methods by which notice may be served on parties to an action on a wage claim. The bill provides that notice of both the hearing and the issuance of an order, decision or award may be served by any manner that the parties agree to accept service, including electronic service. The bill would further require that a party represented by an attorney provide the Labor Commissioner with the attorney’s electronic address and agree to accept the notice by electronic service. These changes will help ensure that notice of each key step in the wage claim process is timely served on all parties.”
Author’s Statement
“This omnibus bill makes statutory updates to improve efficiency, clarity, and modernization across several state programs.”
Comments by Supporters
The Association of California State Supervisors states, “[this bill] will ensure that CalPERS members have ample time to make an informed decision regarding the long-term impact of their selection.”
The California State Retirees offer substantially similar statements in support of this bill.
Comments by Opponents
None on file.
Prior or Related Legislation
Chapter 199, Statutes of 2016 (Assembly Bill 2404, Cooley) eliminated and combined several of the optional retirement benefit settlements available to CalPERS members; Judges’ Retirement System (JRS) members, and JRS II members who retire on or after January 1, 2018, in order to simplify members’ retirement choices and administration of these retirement systems.
REGISTERED SUPPORT / OPPOSITION:
Support
Association of California State Supervisors
California Professional Firefighters
California State Retirees
Opposition
None on file.
Analysis Prepared by: Michael Bolden / P. E. & R. / (916) 319-3957
Date of Hearing: June 17, 2026
ASSEMBLY COMMITTEE ON INSURANCE
Lisa Calderon, Chair
SBPCA Bill Id:SB 1444
Author:(Committee on Labor, Public Employment and Retirement) – As Amended Ver:April 23, 2026
SENATE VOTE: 36-0
SUBJECT: Employment
SUMMARY: Makes a number of technical, non-substantive, or non-controversial changes to the Government Code, Labor Code, and Unemployment Insurance Code. Specifically, this bill:
- Extends the time Public Employees’ Retirement System (CalPERS) members have to make a change to their option beneficiary from 30 days to 60 days after the first payment of a retirement allowance.
- Authorizes electronic communications in the Labor Commissioner’s wage claims processes.
- Consolidates duplicative reports published by the Employment Development Department (EDD) pertaining to the School Employee Fund.
- Shortens EDD’s automation planning horizon from 10 years to three years.
- Removes the requirement that firefighters that provide fire protection to a commercial airport regulated by the Federal Aviation Administration (FAA) must be certified by the State Fire Marshal as meeting the standards of Fire Control 5 in order to qualify for various workers’ compensation industrial injury presumptions.
- Makes several technical, clarifying, and conforming changes.
EXISTING LAW:
- Authorizes a member of CalPERS to elect from among several optional settlements for the purpose of structuring the member’s retirement allowance; and requires a member to make an election, revocation, or change of election within 30 calendar days after the making of the first payment on account of any retirement allowance or, in the event of a change of retirement status after retirement, within 30 calendar days after making the first payment on account of that change in retirement status. (Government Code Section 21472)
- Establishes, within the Department of Industrial Relations (DIR), the Division of Labor Standards Enforcement (DLSE) under the direction of the Labor Commissioner (LC), and empowers the LC to vigorously enforce the state’s labor laws. (Labor (Lab.) Code Section 79, et seq.)
- Authorizes the LC to investigate employee complaints and provide for a hearing in any action to recover wages, penalties, and other demands for compensation, including liquidated damages if the complaint alleges payment of a wage less than the minimum wage, as specified; requires a party who has received actual notice of a claim before the LC to notify the LC in writing of any changes in that party’s business or personal address within 10 days after the change in address occurs; requires a copy of the complaint to be served on all parties when a hearing is set; and specifies the copy shall be served personally, by certified mail, or pursuant to specified provisions of the Code of Civil Procedure authorizing certain service in lieu of personal delivery. (Lab. Code Sec. 98)
- Prohibits any person or employee from engaging in willful misclassification of an individual as an independent contractor; imposes specified civil penalties and damages for violations of this prohibition; and authorizes the LC or a public prosecutor to recover these penalties and damages under specified circumstances. (Lab. Code Sec. 226.8)
- Establishes a workers’ compensation system that provides benefits to an employee who suffers from an injury or illness that arises out of, and in the course of, employment, irrespective of fault. (California Constitution Article XIV, Section 4)
- Establishes presumptions that certain injuries or conditions arose out of employment for specified public safety officers, including:
- Heart trouble, pneumonia, or hernia; (Lab. Code Secs. 3212, et seq.)
- Cancer; (Lab. Code Sec. 3212.1)
- Tuberculosis; (Lab. Code Sec. 3212.6)
- Post-traumatic Stress Disorder (PTSD); (Lab. Code Sec. 3212.15)
- Blood-borne infectious disease or methicillin-resistant Staphylococcus aureus skin infection (MRSA); (Lab. Code Sec. 3212.8)
- Exposure to a biochemical substance; (Lab. Code Sec. 3212.85)
- Meningitis. (Lab. Code Sec. 3212.9)
- Provides that the presumptions listed above are rebuttable and may be controverted by evidence. However, unless controverted, the Workers’ Compensation Appeals Board must find in accordance with the presumption. (Lab. Code Secs. 3212, et seq.)
- Applies the aforementioned presumptions to various categories of firefighters, including active firefighting members of a fire department that provides fire protection to a commercial airport regulated by the FAA, as specified, that are trained and certified by the State Fire Marshal as meeting the standards of Fire Control 5 and specified federal regulations. (Lab. Code Sec. 3212)
- Establishes EDD in the Labor and Workforce Development Agency, and vests it with various duties and responsibilities including the administration of the Unemployment Insurance (UI) program and the School Employees Fund, which finances unemployment claims filed by school employees. (Unemployment Insurance (UI) Code Secs. 301, et seq.)
- Requires the Director of EDD to at least annually calculate the experiences of school employers relative to usage of the Unemployment Fund and to provide this information, among other things, to the affected school employer and governing body thereof at least annually. (UI Code Sec. 832)
- Requires the Director of EDD to develop experience relationships on all benefits paid to employees via the School Employees Fund and on school employers’ experience related to use and exposure, and to report this to the Legislature each year prior to March 31, including comments and recommendations on improvement to administration, enforcement and financing of the provisions relative thereto. (UI Code Sec. 832)
- Requires the Director of EDD to transmit a report on or before February 1 of each even-numbered year to the Legislative Analyst, the Assembly Committees on Insurance, Labor and Employment, and Budget, the Senate Committees on Industrial Relations and Budget and Fiscal Review, the Department of Finance, and the Governor, providing a strategic information technology plan that describes the long-term goals and strategies that shall be undertaken by EDD covering a 10-year planning horizon, as specified. (UI Code Sec. 4902)
FISCAL EFFECT: Unknown.
COMMENTS:
- Purpose. According to the Senate Committee on Labor, Public Employment and Retirement:
This omnibus bill makes statutory updates to improve efficiency, clarity, and modernization across several state programs. Specifically, the bill:
- Provides CalPERS members an additional 30 days to modify their post-retirement option beneficiary designation to ensure they can make informed decisions about the long-term impact on their pension benefits.
- Streamlines the Labor Commissioner’s Office (LCO) wage claim process by allowing first-class mail in addition to certified mail, permitting email service with consent, and requiring represented parties to accept electronic service and maintain current email addresses with the LCO. These changes will reduce administrative workload and help address wage theft backlogs.
- Corrects a drafting error in Labor Code Section 226.8(g)(2) to ensure workers may recover consistent misclassification penalties in all proceedings, restoring the intended goal of AB 594 (2024).
- Consolidates duplicative School Employee Fund reports, shortens EDD’s automation planning horizon from 10 years to 3 years, and
- Removes an outdated firefighter training reference while preserving existing workers’ compensation presumptions.
- CalPERS Option Beneficiary and double referral. CalPERS members have the option of providing a lifetime allowance to a designated beneficiary upon the member’s death by authorizing a reduction from their unmodified pension allowance. Under existing law, an election, revocation, or change of election for this option must be made within 30 days after the first payment on account of any retirement allowance or within 30 days after the first payment following a change in retirement status. This bill would provide an additional 30 days to make such an election, revocation, or change of election.
The California State Retirees, who support the bill, argue that “SB 1444 will provide CalPERS members with ample time to consider their post-retirement beneficiary designation to ensure they can make an informed decision.”
This bill is double-referred to the Assembly Committee on Public Employment and Retirement. Should the bill pass out of this committee, that committee will evaluate the implications of this provision for public employment and retirement pursuant to its jurisdiction.
- EDD reports on the School Employee Fund and automated planning horizon. EDD is responsible for administering the School Employee Fund, which finances unemployment claims filed by school employees. Under existing law, EDD is required to publish annual reports regarding the School Employee Fund to the Legislature and to affected school employers. The former report requires EDD to develop experience relationships on all benefits paid to employees through the School Employees Fund and on school employers’ experience related to use and exposure. The latter report requires EDD to calculate the experiences of school employers relative to usage of the Unemployment Fund, including the experience of each school employer in relation to the expenditures from and the income to the School Employees Fund from the wages paid by the employer. This bill would combine both reports into a single report issued to both the Legislature and the affected school employers.
EDD is also required to submit a report every other year providing a strategic information technology plan that “describes long-term goals and strategies which shall be undertaken by [EDD] to create an information technology environment that will not only support the achievement of [EDD’s] strategic business mission and goals but to set the foundation for using information technology to make substantial and sustainable improvements in how it conducts business.” This report is transmitted to the Legislative Analyst, the Assembly Committees on Insurance, Labor and Employment, and Budget, the Senate Committees on Industrial Relations and Budget and Fiscal Review, the Department of Finance, and the Governor.
Under existing law, the plan detailed in this report must cover a 10-year planning horizon. However, considering the rate of technological advancement, it is challenging to meaningfully project IT objectives over such a long planning horizon. This bill would shorten the planning horizon included in this report from 10 years to three years.
- Fire Control 5 certification requirement. The workers’ compensation system provides a no-fault system for workers to receive medical treatment and/or indemnity for injuries suffered in the workplace. In typical workers’ compensation claims, the worker must demonstrate that the injury was industrial in nature in order to qualify for benefits. For certain first responders whose professions require exposure to injury risks, however, the industrial nature of the injury can nonetheless be difficult to prove, California has adopted industrial injury presumptions, where the specified injury is presumed to arise out of employment unless rebutted.
Firefighters in California maintain industrial injury presumptions for cancer, PTSD, tuberculosis, blood-borne infectious disease or MRSA, illness or death resulting from exposure to a biochemical substance, and meningitis. These presumptions apply to all state and local firefighters, as well as specified federally contracted firefighters. The latter include active firefighting members of a fire department that provides fire protection to a commercial airport regulated by the FAA, provided the they are trained in accordance with specified federal regulations, and are certified by the State Fire Marshal as meeting the standards of Fire Control 5.
The California Professional Firefighters explain in support of the bill:
The statute enacted by SB 230 contained language defining professional firefighters employed at airports as those who were trained and certified by the State Fire Marshal as meeting the standards of Fire Control 5. However, following the passage of this legislation, the State Fire Marshal’s office began the process of retiring Fire Control 5 in order to implement updated, modern training. Without an update to the statute to remove references to the retired training, these firefighters may be blocked from accessing these critical protections when they are needed most.
REGISTERED SUPPORT / OPPOSITION:
Support
Association of California State Supervisors
California Professional Firefighters
California State Retirees
Opposition
None on file.
Analysis Prepared by: Landon Klein / INS. / (916) 319-2086
SENATE RULES COMMITTEE Office of Senate Floor Analyses (916) 651-4171 | SB 1444 |
CONSENT
Bill No: SB 1444
Author: Committee on Labor, Public Employment and Retirement
Amended: 4/23/26
Vote: 21
SENATE LABOR, PUB. EMP. & RET. COMMITTEE: 5-0, 4/22/26
AYES: Smallwood-Cuevas, Strickland, Cortese, Durazo, Laird
SENATE APPROPRIATIONS COMMITTEE: Senate Rule 28.8
SUBJECT: Employment
SOURCE: Author
DIGEST:
This omnibus bill makes statutory updates to improve efficiency, clarity, and modernization across several state programs. Specifically, the bill: 1) grants an additional 30 days to Public Employees’ Retirement System members to make post-retirement decisions, as specified; 2) streamlines the Labor Commissioner wage claims processes to allow for electronic communication; 3) consolidates duplicative Employment Development Department (EDD) reports and shortens EDD’s automation planning horizon to account for evolving technologies; 4) removes outdated firefighter training references in specified workers’ compensation firefighter presumptions; and 5) makes other technical clarifying changes.
ANALYSIS:
Existing law:
- Under the Public Employees’ Retirement Law, authorizes a member of the Public Employees’ Retirement System (CalPERS) to elect from among several optional settlements for the purpose of structuring the member’s retirement allowance. Requires a member to make an election, revocation, or change of election within 30 calendar days after the making of the first payment on account of any retirement allowance or, in the event of a change of retirement status after retirement, within 30 calendar days after making the first payment on account of that change in retirement status. (Government Code §21472)
- Establishes, within the Department of Industrial Relations (DIR), the Division of Labor Standards Enforcement (DLSE) under the direction of the Labor Commissioner (LC), and empowers the LC with ensuring a just day’s pay in every workplace and promotes economic justice through robust enforcement of labor laws. (Labor Code §79-107)
- Authorizes the LC to investigate employee complaints and provide for a hearing in any action to recover wages, penalties, and other demands for compensation, including liquidated damages if the complaint alleges payment of a wage less than the minimum wage, as specified. Requires a party who has received actual notice of a claim before the LC to notify the LC in writing of any changes in that party’s business or personal address within 10 days after the change in address occurs. Existing law additionally requires a copy of the complaint to be served on all parties when a hearing is set, and specifies the copy shall be served personally, by certified mail, or pursuant to specified provisions authorizing certain service in lieu of personal delivery. (Labor Code §98)
- Makes it unlawful for any person or employee to engage in willful misclassification of an individual as an independent contractor and imposes certain civil penalties and damages for violations of those provisions. With regards to enforcement of these provisions, it specifies that for each public employee subject to specified statutes, the Labor Commissioner or a public prosecutor may alternatively recover the above-referenced civil penalties as damages payable to the employee, as specified. (Labor Code §226.8)
- Establishes a workers’ compensation system to compensate an employee for injuries sustained in the course of employment. As part of this system, creates a rebuttable presumption that specified injuries, including cancer and post-traumatic stress disorder, that developed or manifested during a period in which the person is serving as a first responder, as specified, arose out of and in the course of employment. Existing law makes these provisions applicable to active firefighting members of a fire department that provides fire protection to a commercial airport regulated by the Federal Aviation Administration, as specified, and that are trained and certified by the State Fire Marshal as meeting the standards of Fire Control 5 and a specified section of the Code of Federal Regulations. (Labor Code §3212)
- Establishes the Employment Development Department (EDD) in the LWDA and vests it with various duties and responsibilities including the administration of the Unemployment Insurance (UI) program that provides weekly unemployment insurance benefits for workers who lose their job through no fault of their own. Among other things, existing law:
- Requires the Director of EDD to calculate the experiences of school employers relative to usage of the Unemployment Fund and to provide this information, among other things, to the affected school employer and governing body thereof at least annually.
- Requires the Director of EDD to develop experience relationships on all benefits paid to employees via the School Employees Fund and on school employers’ experience related to use and exposure, and to report this each year to the Legislature before March 31. Requires the report to contain comments and recommendations on improvement to administration, enforcement, and financing of the provisions relative thereto.
- Requires the Director of EDD to prepare a biennial report to the Legislature on the department’s automation plans that, among other things, provides a strategic information technology plan that describes the long-term goals and strategies that shall be undertaken by the department covering a 10-year planning horizon, as specified.
(Unemployment Insurance Code §832 & §4902)
This bill:
- Extends the timeframe under which CalPERS members can modify their post-retirement option beneficiary designations from 30 to 60 days after the making of the first payment.
- Makes various changes to provisions governing the communication of the LC with employees filing wage claims to:
- Require that a party, while the matter is before the LC, notify the LC of any changes to that party’s electronic address within 10 days after the change in address occurs.
- Revise the manner in which notice is required to be given to include first-class mail, registered mail, in the manner specified in Section 415.20 of the Code of Civil Procedure, or by any manner that the party agrees to accept service, including, but not limited to, electronic service.
- Require any party that is represented by an attorney to provide the LC with the attorney’s electronic mail address and be required to accept electronic service from the LC.
- For the communication to parties of a final Order, Decision or Award (ODA) for owed wages:
- Authorizes the LC to additionally serve the required notice by certified mail, registered mail, or by any manner that the party agrees to accept service, including, but not limited to, electronic service.
- Requires a party that is represented by an attorney to provide the LC with the attorney’s electronic mail address and be required to accept electronic service from the LC.
- Clarifies that for provisions governing the enforcement of misclassification of employees, each employee, the LC, or a public prosecutor may alternatively recover the specified civil penalties as damages payable to the employee, as specified. (This is consistent with existing law; this technical correction clarifies that)
- For purposes of specified workers’ compensation presumptions applicable to certain firefighters, eliminates the requirement that the active firefighters be trained and certified by the State Fire Marshal as meeting the standards for the presumptions to apply and instead specifies that it applies to firefighters regulated by the Federal Aviation Administration under existing Code of Federal Regulations and trained in accordance with those regulations.
- Makes various modifications and clarifications to existing EDD reporting provisions to:
- Revise and consolidate the existing School Employees Fund report to require that the information be included as part of the Unemployment Fund report.
- Require that the usage of the Unemployment Fund report, now containing the specified School Employees Fund information, be submitted in compliance with existing Government Code Section 9795 and additionally submitted to the Legislature.
- For the currently required biennial report to the Legislature on the department’s automation plans, require that the report include a plan covering a 3-year planning horizon instead of the current 10-year planning horizon. Additionally, requires that the report be submitted in compliance with existing Government Code Section 9795.
Background
This omnibus bill makes statutory updates to improve efficiency, clarity, and modernization across several state programs within the jurisdiction of the Senate Labor, Public Employment and Retirement Committee.
CalPERS’ Option Beneficiary. A CalPERS member may provide a lifetime allowance to a designated beneficiary upon the member’s death by selecting an optional contract for a reduction to their unmodified pension allowance. Under current law, the member may make a change to their option beneficiary prior to receiving their first pension check, which occurs approximately 30 days after their retirement date. This bill provides CalPERS members an additional 30 days to modify their option beneficiary to ensure they have fully considered the lifelong consequence to their pension benefit before their selection becomes irrevocable.
Email Services and Drafting Error. Currently, the Labor Commissioner’s Office (LCO) Wage Claims Adjudication Unit spends a significant amount of its already limited time and resources mailing out notices to the parties in Berman wage claim proceedings, even in cases where the parties have engaged with LCO through email and may be amenable (or may even prefer) service by email. LCO also spends a significant amount of money on postage getting these notices out. Similarly, the LC must send out written notices once a final order, decision, or award is decided. This bill makes changes that will save staff time and resources in these processes by continuing to allow for paper mailing but additionally authorizing electronic notification, should the employee choose that option, creating efficiencies and helping to reduce backlogs.
Last year, the LCO identified a drafting error in Labor Code section 226.8(g)(2). This bill corrects a drafting error in AB 594 (Maienschein, Chapter 659, Statutes of 2023) to allow workers to recover the same misclassification penalty in all LCO proceedings.
EDD Reports. Employment Development Department administers the School Employee Fund (SEF), which helps finance unemployment claims filed by school employees. Existing law requires EDD to publish two annual SEF reports and provide the report to the Legislature and SEF participants. This bill consolidates the annual SEF Report provided to both the Legislature and SEF participants, into one, single annual report, streamlining the reporting requirement for EDD, the Legislature, and SEF participants.
EDD is also required to prepare and submit a biennial IT Automation report, detailing a ten-year automation plan, including recommendations on improvements for consideration by both policy and fiscal committees of the Legislature, on or before February 1 of each even-numbered year. This bill reduces EDD’s ten-year IT automation plan requirement to three years. With a shorter plan duration, the report provides the Legislature with a plan that is more realistically aligned with quickly emerging technology trends, while continuing to offer transparency, oversight, and accountability over the Department’s IT infrastructure.
Firefighter Workers’ Compensation. Last year, the Legislature passed SB 230 (Laird, Chapter 404, Statutes of 2025), which expanded rebuttable presumptions that specified diagnoses are occupational and therefore covered by workers’ compensation to covered active firefighting members. Under current law, active firefighters for a commercial airport must meet specified standards of Fire Control 5 under the purview of the State Fire Marshal to be eligible for these presumptions. The committee has been informed that the State Fire Marshal is in the process of discontinuing this training because it is a "legacy" training or there may be other more commonly used trainings nationwide. Therefore, this bill removes the outdated training reference while preserving the requirement for firefighters to be trained in accordance with specified existing FAA standards.
Related/Prior Legislation
SB 230 (Laird, Chapter 404, Statutes of 2025), for injuries occurring on or after January 1, 2026, expands rebuttable presumptions that specified diagnoses are occupational and therefore covered by workers’ compensation to active firefighting members of a fire department that serve a United States Department of Defense (DOD) installation, a National Aeronautics and Space Administration (NASA) installation, and provide fire protection to a commercial airport, as specified.
FISCAL EFFECT: Appropriation: No Fiscal Com.: Yes Local: No
SUPPORT: (Verified 5/4/20)
Association of California State Supervisors
California Professional Firefighters
California State Retirees
OPPOSITION: (Verified 5/4/20)
None received
ARGUMENTS IN SUPPORT: Proponents, including the Association of California State Supervisors and the California State Retirees, are in support of extending the timeframe for CalPERS members to make elections for the purpose of structuring retirement allowances. They argue that providing CalPERS members an additional 30 days to modify their post-retirement beneficiary designation will ensure that CalPERS members have ample time to make an informed decision regarding the long-term impact of their selection.
In support of the workers’ compensation provisions, the California Professional Firefighers write: “The statute enacted by SB 230 contained language defining professional firefighters employed at airports as those who were trained and certified by the State Fire Marshal as meeting the standards of Fire Control 5. However, following the passage of this legislation, the State Fire Marshal’s office began the process of retiring Fire Control 5 in order to implement updated, modern training. Without an update to the statute to remove references to the retired training, these firefighters may be blocked from accessing these critical protections when they are needed most. For these reasons, we are proud to support SB 1444.”
Prepared by: Alma Perez-Schwab / L., P.E. & R. / (916) 651-1556
5/5/26 15:55:55
**** END ****
SENATE COMMITTEE ON LABOR, PUBLIC EMPLOYMENT AND RETIREMENT
Senator Lola Smallwood-Cuevas, Chair
2025 - 2026 Regular
Bill No: SB 1444 Hearing Date: April 22, 2026
Author: | Committee on Labor, Public Employment and Retirement | ||
Version: | March 17, 2026 | ||
Urgency: | No | Fiscal: | Yes |
Consultant: | Alma Perez-Schwab | ||
SUBJECT: Employment
KEY ISSUES
This omnibus bill makes statutory updates to improve efficiency, clarity, and modernization across several state programs. Specifically, the bill: 1) grants an additional 30 days to Public Employees’ Retirement System members to make post-retirement decisions, as specified; 2) streamlines the Labor Commissioner wage claims processes to allow for electronic communication; 3) consolidates duplicative Employment Development Department (EDD) reports and shortens EDD’s automation planning horizon to account for evolving technologies; 4) removes outdated firefighter training references in specified workers’ compensation firefighter presumptions; and 5) makes other technical clarifying changes.
ANALYSIS
Existing law:
- Under the Public Employees’ Retirement Law, authorizes a member of the Public Employees’ Retirement System (CalPERS) to elect from among several optional settlements for the purpose of structuring the member’s retirement allowance. Requires a member to make an election, revocation, or change of election within 30 calendar days after the making of the first payment on account of any retirement allowance or, in the event of a change of retirement status after retirement, within 30 calendar days after making the first payment on account of that change in retirement status. (Government Code §21472)
- Establishes, within the Department of Industrial Relations (DIR), the Division of Labor Standards Enforcement (DLSE) under the direction of the Labor Commissioner (LC), and empowers the LC with ensuring a just day’s pay in every workplace and promotes economic justice through robust enforcement of labor laws. (Labor Code §79-107)
- Authorizes the LC to investigate employee complaints and provide for a hearing in any action to recover wages, penalties, and other demands for compensation, including liquidated damages if the complaint alleges payment of a wage less than the minimum wage, as specified. Requires a party who has received actual notice of a claim before the LC to notify the LC in writing of any changes in that party’s business or personal address within 10 days after the change in address occurs. Existing law additionally requires a copy of the complaint to be served on all parties when a hearing is set, and specifies the copy shall be served personally, by certified mail, or pursuant to specified provisions authorizing certain service in lieu of personal delivery. (Labor Code §98)
- Makes it unlawful for any person or employee to engage in willful misclassification of an individual as an independent contractor and imposes certain civil penalties and damages for violations of those provisions. With regards to enforcement of these provisions, it specifies that for each public employee subject to specified statutes, the Labor Commissioner or a public prosecutor may alternatively recover the above-referenced civil penalties as damages payable to the employee, as specified. (Labor Code §226.8)
- Establishes a workers’ compensation system to compensate an employee for injuries sustained in the course of employment. As part of this system, creates a rebuttable presumption that specified injuries, including cancer and post-traumatic stress disorder, that developed or manifested during a period in which the person is serving as a first responder, as specified, arose out of and in the course of employment. Existing law makes these provisions applicable to active firefighting members of a fire department that provides fire protection to a commercial airport regulated by the Federal Aviation Administration, as specified, and that are trained and certified by the State Fire Marshal as meeting the standards of Fire Control 5 and a specified section of the Code of Federal Regulations. (Labor Code §3212)
- Establishes the Employment Development Department (EDD) in the LWDA and vests it with various duties and responsibilities including the administration of the Unemployment Insurance (UI) program that provides weekly unemployment insurance benefits for workers who lose their job through no fault of their own. Among other things, existing law:
- Requires the Director of EDD to calculate the experiences of school employers relative to usage of the Unemployment Fund and to provide this information, among other things, to the affected school employer and governing body thereof at least annually.
- Requires the Director of EDD to develop experience relationships on all benefits paid to employees via the School Employees Fund and on school employers’ experience related to use and exposure, and to report this each year to the Legislature before March 31. Requires the report to contain comments and recommendations on improvement to administration, enforcement, and financing of the provisions relative thereto.
- Requires the Director of EDD to prepare a biennial report to the Legislature on the department’s automation plans that, among other things, provides a strategic information technology plan that describes the long-term goals and strategies that shall be undertaken by the department covering a 10-year planning horizon, as specified.
(Unemployment Insurance Code §832 & §4902)
This bill:
Regarding CalPERS:
- Extends the timeframe under which CalPERS members can modify their post-retirement option beneficiary designations from 30 to 60 days after the making of the first payment.
Regarding LC wage claims processes:
- Makes various changes to provisions governing the communication of the LC to employees filing wage claims to:
- Require that a party, while the matter is before the LC, notify the LC of any changes to that party’s electronic address within 10 days after the change in address occurs.
- Revise the manner in which notice is required to be given to include first-class mail, registered mail, in the manner specified in Section 415.20 of the Code of Civil Procedure, or by any manner that the party agrees to accept service, including, but not limited to, electronic service.
- Specify that any party that is represented by an attorney shall be required to accept electronic service from the Labor Commissioner.
Regarding existing misclassification of employees:
- Clarifies that for enforcement of misclassification of employees provisions, each employee, the LC, or a public prosecutor may alternatively recover the specified civil penalties as damages payable to the employee, as specified. (This is consistent with existing law; this technical correction clarifies that)
Regarding existing workers’ compensation firefighter provisions:
- For purposes of specified workers’ compensation presumptions applicable to certain firefighters, eliminates the requirement that the active firefighters be trained and certified by the State Fire Marshal as meeting the standards for the presumptions to apply and instead specifies that it applies to firefighters regulated by the Federal Aviation Administration under existing Code of Federal Regulations and trained in accordance with those regulations.
Regarding the EDD provisions:
- Makes various modifications and clarifications to the existing reporting provisions to:
- Revise and consolidates the existing School Employees Fund report to require that the information be included as part of the Unemployment Fund report.
- Require that the usage of the Unemployment Fund report, now containing the specified School Employees Fund information, be submitted in compliance with existing Government Code Section 9795 and additionally submitted to the Legislature.
- For the currently required biennial report to the Legislature on the department’s automation plans, require that the report include a plan covering a 3-year planning horizon instead of the current 10-year planning horizon. Additionally, requires that the report be submitted in compliance with existing Government Code Section 9795.
COMMENTS
- Background and need for this bill?
This omnibus bill makes statutory updates to improve efficiency, clarity, and modernization across several state programs within the jurisdiction of the Senate Labor, Public Employment and Retirement Committee.
CalPERS’ Option Beneficiary:
A CalPERS member may provide a lifetime allowance to a designated beneficiary upon the member’s death by selecting an optional contract for a reduction to their unmodified pension allowance. Under current law, the member may make a change to their option beneficiary prior to receiving their first pension check, which occurs approximately 30 days after their retirement date. This bill provides CalPERS members an additional 30 days to modify their option beneficiary to ensure they have fully considered the lifelong consequence to their pension benefit before their selection becomes irrevocable.
Email Services and Drafting Error:
Currently, the Labor Commissioner’s Office (LCO) Wage Claims Adjudication Unit spends a significant amount of its already limited time and resources mailing out notices to the parties in Berman wage claim proceedings, even in cases where the parties have engaged with LCO through email and may be amenable (or may even prefer) service by email. LCO also spends a significant amount of money on postage getting these notices out. This bill makes changes that will save staff time and resources in the Berman wage claim process, creating efficiencies and helping to reduce backlogs.
Last year, the LCO identified a drafting error in Labor Code section 226.8(g)(2). This bill corrects a drafting error in AB 594 (Maienschein, Chapter 659, Statutes of 2023) to allow workers to recover the same misclassification penalty in all LCO proceedings.
EDD Reports:
Employment Development Department administers the School Employee Fund (SEF), which helps finance unemployment claims filed by school employees. Existing law requires EDD to publish two annual SEF reports and provide the report to the Legislature and SEF participants. This bill consolidates the annual SEF Report provided to both the Legislature and SEF participants, into one, single annual report, streamlining the reporting requirement for EDD, the Legislature, and SEF participants.
EDD is also required to prepare and submit a biennial IT Automation report, detailing a ten-year automation plan, including recommendations on improvements for consideration by both policy and fiscal committees of the Legislature, on or before February 1 of each even-numbered year. This bill reduces EDD’s ten-year IT automation plan requirement to three years. With a shorter plan duration, the report provides the Legislature with a plan that is more realistically aligned with quickly emerging technology trends, while continuing to offer transparency, oversight, and accountability over the Department’s IT infrastructure.
Firefighter Workers’ Compensation:
Last year, the Legislature passed SB 230 (Laird, Chapter 404, Statutes of 2025), which expanded rebuttable presumptions that specified diagnoses are occupational and therefore covered by workers’ compensation to covered active firefighting members. Under current law, active firefighters for a commercial airport must meet specified standards of Fire Control 5 under the purview of the State Fire Marshal to be eligible for these presumptions. The committee has been informed that the State Fire Marshal is in the process of discontinuing this training because it is a "legacy" training or there may be other more commonly used trainings nationwide. Therefore, this bill removes the outdated training reference while preserving the requirement for firefighters to be trained in accordance with specified existing FAA standards.
2. Committee Amendments:
The Committee has identified an additional section of the Labor Code where the electronic communication provisions need to be included to be consistent with the changes proposed in this bill with regards to the Labor Commissioner communications. Committee amendments will amend Labor Code Section 98.1 with the same language in Labor Code Section 98 proposed to be amended with this bill. Additionally, committee amendments make a couple clarifying changes to the electronic service provisions to specify that a party that is represented by an attorney must provide the Labor Commissioner with the attorney’s email address where the electronic communication will be sent.
Below are the amendments to be taken in Committee:
- Section 2. Section 98 of Labor Code is amended as follows:
- Page 5, line 5-11: A party who has received actual notice of a claim before the Labor Commissioner shall, while the matter is before the Labor Commissioner, notify the Labor Commissioner in writing of any change in that party’s business, business address, personal address, or electronic address within 10 days after the change in address
- Page 7, line 34: (B) A party that is represented by an attorney shall provide the Labor Commissioner with the attorney’s electronic mail address and shall accept electronic service from the Labor Commissioner.
- Add Section 3. Section 98.1 of the Labor Code is amended to read:
98.1. (a) (1) Within 15 days after the hearing is concluded, the Labor Commissioner shall file in the office of the division a copy of the order, decision, or award. The order, decision, or award shall include a summary of the hearing and the reasons for the decision. Upon filing of the order, decision, or award, the Labor Commissioner shall serve a copy of the decision personally, by first-class mail, or in the manner specified in Section 415.20 of the Code of Civil Procedure on the parties. in compliance with paragraph (2). The notice shall also advise the parties of their right to appeal the decision or award and further advise the parties that failure to do so within the period prescribed by this chapter shall result in the decision or award becoming final and enforceable as a judgment by the superior court.
(2) (A) The Labor Commissioner shall serve the notice required by this subdivision by personal service, first-class mail, certified mail, registered mail, in the manner specified in Section 415.20 of the Code of Civil Procedure, or by any manner that the party agrees to accept service, including, but not limited to, electronic service.
(B) A party that is represented by an attorney shall provide the Labor Commissioner with the attorney’s electronic mail address and shall accept electronic service from the Labor Commissioner.
(b) For the purpose of this section, an award shall include any sums found owing, damages proved, and any penalties awarded pursuant to this code.
(c) All awards granted pursuant to a hearing under this chapter shall accrue interest on all due and unpaid wages at the same rate as prescribed by subdivision (b) of Section 3289 of the Civil Code. The interest shall accrue until the wages are paid from the date that the wages were due and payable as provided in Part 1 (commencing with Section 200) of Division 2.
3. Proponent Arguments:
Proponents, including the Association of California State Supervisors and the California State Retirees, are in support of extending the timeframe for CalPERS members to make elections for the purpose of structuring retirement allowances. They argue that providing CalPERS members an additional 30 days to modify their post-retirement beneficiary designation will ensure that CalPERS members have ample time to make an informed decision regarding the long-term impact of their selection.
4. Opponent Arguments:
None received.
5. Prior/Related Legislation:
SB 230 (Laird, Chapter 404, Statutes of 2025), for injuries occurring on or after January 1, 2026, expands rebuttable presumptions that specified diagnoses are occupational and therefore covered by workers’ compensation to active firefighting members of a fire department that serve a United States Department of Defense (DOD) installation, a National Aeronautics and Space Administration (NASA) installation, and provide fire protection to a commercial airport, as specified.
SUPPORT
Association of California State Supervisors
California State Retirees
OPPOSITION
None received
-- END --
Bill Author
Bill Co-Author(s):