Senate Standing Committee on Labor, Public Employment and Retirement

I thought I saw an author, but we don't. We are waiting for an author to step forward. And as soon as they do, we will begin.

Senate Labor. Senate Committee on Labor Public Employment Retirement will commence. We see we have a Member here who's ready to present. And so we are going to start as a Subcommittee today, ladies and gentlemen, and we will go out of file order. We will start with file item number three, AB 288. Assembly Member, when you're ready, please have a seat at the table, and your witnesses may also come forward and sit at the table.

Absolutely. Let's see it on the mic. We are going to then move to file item number four, AB 694. And if you have witnesses for that Bill, they may also come forward and have a seat at the table.

So I'll begin. Good morning. Good morning, Madam Chair and Members of this Committee. I'm here to present AB 694 which which seeks to address the significant staffing challenges facing the Division of Occupational Safety and Health, DOSH, within the Department of Industrial Relations, DIR.

These challenges are hindering the Department's ability to conduct essential workplace safety inspections and protect California workers.

This Bill requires DIR to contract with the University of California to conduct a comprehensive study on the causes of staff shortages within DOSH and identify. The study will focus on streamlining the hiring process, adjusting qualification standards and improving workforce development models.

It will also assess ways to attract a more diverse workforce and ensure that the necessary positions are filled in a timely manner. AB 694 aims to improve workplace safety oversight and help build a more effective and efficient safety inspector workforce.

The study will include input from key stakeholders including labor unions, worker advocacy organizations, and academic institutions.

With me today to testify in support of this Bill is Eddie Sanchez from the Southern California Coalition for Occupational Safety and Health and Jorge Toledano from MICOP.

Wonderful. Thank you so much. Assemblymember, your witnesses each have two minutes and they both may step forward if they are both here. And we'll give them a second to get settled.

And you may proceed.

Hello, Chair and Committee Members. My name is Eddie Sanchez. I'm the Executive Co-Director of the Southern California Coalition for Occupational Safety and Health or so called Cautious Work. Our organization is founded on the principle that all workplace injuries, illnesses and deaths are preventable.

We're one of three cosponsors - alongside the California Farm Worker Coalition and the California Labor for Climate Jobs - of McKinnor Assembly...McKinnor's Assembly Bill 694 which will lay the groundwork for creating a robust pipeline for state health and safety enforcement workforce.

You probably already know this, but we know, all of us know this. Cal OSHA's chronic understaffing issue has reached a crisis level. A very challenging crisis level.

According to the latest data released by the Department of Industrial Relations, with a December 2024 vacancy rate of 43% among field enforcement inspectors. I want to add too that our organization works closely with field enforcement inspectors to file Cal OSHA complaints.

And you can see it in the experiences that they have in engaging workers and engaging work sites that often they feel they feel stretched in and it impacts the quality of work in many ways.

To end this year long crisis, we must address the underlying causes of these vacancies, the current minimum qualifications and the lack of viable workforce pipeline pathways that create barriers. The entry for experienced, dedicated and diverse California workers who could fill these positions.

We know a lot of folks who who are very skilled, very capable of filling these positions but can't get into them. AB 694 will address these issues by directing Cal OSHA to contract with two academic institutions with extensive knowledge about workplace health and safety. UC Berkeley's Labor Occupational Health Program and UCLA's Labor Occupational Safety and Health Program.

These academic partners will bring together an Advisory Committee of experts to research and recommend a training program that will create a pathway for people without college degrees to fill enforcement positions at Cal OSHA that face barriers to enter these positions. The study focuses on addressing Cal OSHA's understaffing crisis.

You have three seconds left.

Oh, sorry. Oh, sure. I guess to wrap up in a nutshell, this proposal will address a crisis that's happening at Cal OSHA to fill positions and kindly ask for your aye vote on this matter. Thank you.

Thank you. And thank you for speeding in right to the table. Appreciate that. Next witness. You have two minutes.

[SPEAKING SPANISH]

Gracias. And would you be able to help translate for us? Thank you.

"Good afternoon Chairwoman Smallwood-Cuevas and Committee Members. My name is Jorge Toledano. I'm a community organizer, manager for MICOP. I'm also a Member of the California Farm Worker Coalition. I worked in Strawberry Fields, packing houses and factories for 20 years."

"Yet I still see health and safety barriers in agriculture due to a lack of inspections and worker protections. The lack of Cal OSHA state staffing exposes workers to serious risk."

"For the past few years I've organized caravans where we go to different fields to educate workers about their rights during extreme heat. This outreach has empowered workers to speak out against workplace injustices. However, many are still afraid to report violations due to a lack of support and adequate attention from Cal OSHA."

"For example, I personally called Cal OSHA on behalf of farm workers, placing myself in their shoes, experiencing firsthand the challenges they face. When I call, there's no one who speaks Spanish, much less indigenous languages. Getting back can take two hours or sometimes even days because no one is available in our language."

"Furthermore, when I do manage to connect with someone from Cal OSHA, they often don't know the language of agricultural sector, making us feel bad, as if we didn't explain ourselves properly and they're not giving us the respect that we deserve. They should hire people who know farm work."

"When I started this job, I dreamed of changing this very system that has failed so many workers. Today I stand before you asking for your support to make that change a reality. For these reasons, I respectfully urge you to vote for AB 694. Thank you."

Gracias, señor. Thank you. That is our support witnesses. Do we have any me-too supports? Please step to the mic and state your name, affiliation, and position.

Thank you. Chair and Committee. My name is Beth Spitler. On behalf of the California Farmworker Coalition, [Speaking Spanish], Central California Environmental Justice Network, Central Coast Alliance United for a Sustainable Economy, Mixteco Indigena Community Organizing Project, California Food and Farming Network, and California Labor for Climate Jobs here in support. Thank you.

Madam Chair and Members, Pat Moran here with Aaron Read & Associates representing the Professional Engineers in California Government in support. Thank you.

Good morning. Mitch Steiger with CFT, a union of educators and classified professionals. Also in support.

Madam Chair and Members, Louie Costa with SMART Transportation Division in support.

Good morning, Madam Chair. Janice O'Malley with AFSCME California in support.

Good morning Chair and Members. JP Hanna with the California Nurses Association, strong support.

Good morning. Cassie Mancini on behalf of the California School Employees Association in support.

Good morning. Kristin Heidelbach here on behalf of UFCW Western States Council in support.

Thank you. We will now turn to opposition. Are there any opposition witnesses here this morning? Seeing none. Anyone speaking in me-too in opposition to this Bill? Okay. We will move to the Members. Dias Members. Any? Okay. Ms. McKinnor, would you like to close?

This Bill is an important step in ensuring that California continues to lead in workplace safety by addressing the staffing challenges at DOSH. And I respectfully ask for your aye vote.

Ms. McKinnor, we are in subcommittee now, and we'll take the votes up once we get our Members back. Thank you. And we're going to pause on 288 now, file number three. And we're going to move to file item number one. We see Assembly Member Haney, who is in between chairing a Committee and being with us this morning. Mr. Haney, you may step forward. If you have witnesses, they may come to the table. And you please proceed when you're ready to begin.

Thank you, Madam Chair. Members, I'm proud to present AB 283, which would allow in home supportive services providers and employers to negotiate their contracts and wages at the state level instead of the county level. Getting care in the setting of your choice is a human right and a basic freedom.

It's also the most cost effective way to deliver care. Currently, the IHSS program employs over 700,000 providers and serves over 800,000 recipients. But the long term care system in our state is broken and the promise of delivering long term care in the comfort of an individual's own home is threatened.

This is in part due to the fact that our IHSS workers are leaving the workforce at alarming rates because of low wages and poor benefits. While IHSS providers wages vary across California, there is not a single county that pays IHSS providers a living wage. The state has estimated the population of older adults will double over the next 10 years. Without action that will help increase workforce retention, the crisis in caregiving will become a full blown catastrophe.

Unfortunately, the current fragmented structure of the IHSS collective bargaining process is not conducive to establishing a living wage or filling the impending long term care shortage. Caring for all of California is a statewide endeavor and responsibility requiring bold vision and leadership to match the size of the challenge.

Caregivers with frontline experience must have a recognized voice at the state level. By transitioning the collective bargaining process from the county level of the state, AB 283 will professionalize the workforce, provide workers with living wages and benefits, ensure a more equitable distribution of long term care funds, and allow the state to meet its long term care demands.

We've been working closely with the counties and with the California Association of Public Authorities and have landed on amendments that addressed many of their concerns. With me here to testify is Sharon Duchessi, who is an IHSS provider in Sacramento County, and Kristina Bas Hamilton on behalf of UDW. And I want to recognize the many dozens of providers who are here with us today as well.

Thank you very much, Assembly Member. You both have two minutes.

Okay. Good morning, Madam Chair and Members of the Committee. My name is Sharon Duchessi. I'm a proud member of SEIU 2015, and I'm privileged to also be the vice president of our region, including Sacramento County. I've been a caregiver since 2009 and have been taking care of my significant other since that time.

I had to make a decision on whether or not I would continue my career as a loan processor or take care of my client. That was significant because we've been together for a very long time and we have a child together. So a lot of us are like that in IHSS.

We have to make that decision on whether or not we want to continue our career or take care of a significant other. What that means basically is stay with our career, have good money, have good benefits, have good retirement, have good everything, or become a home care provider and not have anything and be below the poverty line.

To me, that's not acceptable. To our members, that's not acceptable. We're constantly in a fight for this program. I can give you an example. Take Siskiyou County. They do not have a contract. My understanding is they've never had a contract.

So they are making $15 an hour with no provision for medical benefits, no protection supplies, and no training. So they get nothing other than the bare minimum. That's not right. This bill will correct that. As the Senator said, this program is going to expand, not decrease. It's going to expand. And what that means is if we continue bargaining on a county by county level, it's going to mean that we're going to lose providers because we don't have providers already. We already have...

Please wrap up. You have one second left.

We already... We are... There's 280 million. Oh no, I'm sorry. 44 million authorized hours that went unused. By having this bill, would protect, would help us even out the scale for everybody. I wish I had more. I try to get my time down. My speech is four minutes, so I apologize.

Thank you very much. Thank you.

Thank you, Madam Chair. Thank you, Members of the Committee, for having me. Kristina Bas Hamilton here on behalf of United Domestic Workers, UDW, a proud co-author, co-sponsor of the bill. Proud to sit here with my colleagues from SEIU. We are jointly working on this effort.

This is at least 15 year long effort to finally bring some parity and equity to wages and benefits across the State of California. Right now there's winners and losers depending on where you live. If you happen to have a Board of Supervisors that's responsive, that understands the value of providers and what they do and how much they save the state money, you might be doing okay, which is still not doing good because every county does a little bit, not enough.

If you live in certain parts of the state, as Siskiyou County, you are just completely out of luck. And so what we are trying to do is finally bring these workers out of the shadows into becoming a statewide priority, which is this IHSS program is. IHSS is dealing with statewide issues. We need a statewide solution. We need to have information that is data driven, that is not driven by local politics, that is going to ensure that folks are getting paid what they deserve.

Again, not wanting to repeat what is being said, but our members save the state billions, hundreds of millions of dollars in healthcare and other costs, including keeping folks in their homes and preventing more senior homelessness. So for all of those reasons, we urgently ask for your support. And happy to answer any questions you may have. Thank you very much.

Thank you. Okay, do we have any support me toos in the room? Please step to the mic and state your name and affiliation.

Hello. My name is Helene Ginter. I'm a paramedical and board member from Butte County, member of UDW AFSCME 3930, and I am in strong support of AB 283. Thank you.

[Translated] Good morning. My name is Manuel Garcia, and I am a member of UDW Local 3930. And I am in strong support of AB 283, and we also support the the number one governor in the United States, Gavin Newsom, and with Senator Padilla, we are with him. I bless you all.

[Translated] Hello. My name is Martha Ruiz, and I'm from Sutter County. I'm a member of UDW/AFSCME 3930, and I support AB 283. Thank you.

Good morning, Chairs and Members. My name is Naomi Rodriguez. I am a member of UDW/AFSCME Local 3930, and I am in support of AB 283. Thank you.

Good morning. My name is Belinda Wells from El Dorado County. I've been an IHSS provider for over five years now, and I am in strong support, asking you to support AB 283.

Madam Chair and Members. Pat Moran with Aaron Read and Associates, representing the Orange County Employees Association in support. Thank you.

Good morning, Chair and Members. My name is Jen Carter Smith. I'm a member of UDW Local 3930, and I am a strong supporter of AB 283. The IHSS program has empowered my fiercely independent mom with COPD to ask for help and to stay in the home where she wants to be.

Good morning. My name is Paula. I'm with the local UDW union in Rocklin, and I support AB 283. I take care of my 9 year old grandson who would be in a home if it wasn't for me taking full time care of him. And we're just making it. I had to quit my good job too to do this. Thank you.

Hi. My name is Jane Taylor. I'm just going to read this. I'm a member of the UDW AFSCME, the Local 3930. I'm a strong supporter of Area Bill 283. My husband does WPCS, I do IHSS. Our son is 24/7. We adopted him when he was born. He's turned out severely autistic. Non-verbal, puts his head through walls. He needs both of us to take care of him.

We are very strong supporters of Area Bill 283. Please vote for that. Thank you.

Good morning, Madam Chair and member. My name is Sadalia King on behalf of UDW AFSCME Local 3930. In strong support.

Hello. Good morning. My name is Rosanne Domingo. I am a provider in Lake County. I work max hours there for my uncle who's 72 years old. And I'm also now driving two hours as to Sacramento county to assist someone with hours of care that have been unworked.

You heard that we have a 44 million hours of unworked hours that went last year. So I am now taking on that second recipient who lives in Sacramento. So I'm driving from Lake County to Sacramento.

I have to interrupt. This is just me toos and that's name and affiliation. We have so many speakers we don't want to cut anyone else off. So we want to try to just get name, affiliation and position.

My name is Rosanne Domingo. I'm from Region 6 and 4. I am a proud member of Local 2015 and I ask that you support us. Thank you.

Good morning. My name is Aurelia Walker. I am a true supporter of AB 283. Why? Because I am 283. Those are the number of hours that IHS gives my household to take care of my grandson who has special needs. Thank you. I support AB 283.

We want to keep it short. Just name, affiliation and position. Thank you.

Hi, my name is Erin Rivera. I'm from Sacramento County, Region 4. I take care of my elderly 7- 71 year old father and I'm in support of AB 283.

Hi, my name is Suzette Miller. I am from Region 6, Tampa County Chapter delegate. I'm strongly for the bill of AB 283. Thank you.

Hi, my name is Ghulam Alemi and I'm supporting my wife and I'm really supporting whatever Sharon says.

Hi, my name is Virginia Tristan and I am an IHSS provider. I've been one for my brother in law by marriage for six months. Although I did take care of him a couple years before that. He has macular degeneration.

Just your name, affiliation and position.

Sorry. I support the AB 283. Thank you. Thank you.

Hi, my name is Jesse Myers. I'm a caregiver in Sacramento and I support AB 283 and yes please. Please listen to us because we have professionalism as well.

Thank you sir. Thank you.

You're welcome. We'll move to the next person.

Good morning, Madam Chair and members. Janice o' Malley, AFSCME California in strong support. Thank you.

Tiffany Whiten with SEIU California in support. Thank you.

Ivan Fernandez, California Labor Federation, in support.

Honorable chair and members, Amy Hines-Shaikh with Wildcat Consulting, representing AFSCME UDW Local 3930, in strong support. Thank you.

Morning. Justin Garrett with the California State Association of Counties. Also, on behalf of the County Welfare Directors Association, we have a support if amended position. Want to thank the author and the sponsors for working collaboratively related to county fiscal protection, scope of representation and liability. And we look forward to the amendments in the next committee. Thank you.

Good morning. Kim Rothschild, California Association of Public Authorities for IHSS. We are now neutral on the bill. Thank you so much to the author and sponsors. Thank you.

Hello. My name is Francesca Dye. I'm from Siskiyou from Singletown. I work with Region 6. I am an IHS provider and I totally agree with this bill.

Thank you so much. Thank you to everyone who gave their support. Now we're going to move to opposition. Do we have any opposition witnesses? Seeing none. Do we have- Do we have an opposition witness? If we do, please. You may come to the table. You have or you want to do a podium. Fine. Two minutes.

Thank you. Madam Chair, Dylan Elliott here today on behalf of the current County Board of Supervisors. Appreciate the committee analysis for outlining some of the concerns the county has. Want to very clear that we share the author's intent of increasing wages for workers.

Just have some concerns about what the implications could be for moving this to the statewide program. And as such, we find ourselves in respectful opposition today. But we appreciate the ongoing work. Thank you.

Thank you. Seeing no other opposition witness. Any me too oppositions? Seeing none. We'll move to the dais. Members, do we have any? Well, Mr. Haney, I just want to say thank you for bringing this bill forward.

I've long been an advocate and support and a researcher of the home care sector and industry and know it is one that we will all need and a growing number of Californians will need it. And in order to have the workforce to support our families, we have to have an industry with standards that can retain our workers.

I acknowledge the concerns that have been raised and appreciate the work that's being done with opposition to address those concerns. And we want to make sure that the state stands up for IHSS in all ways and to ensure that we are caring for our most vulnerable families who need us the most.

And when we have a quorum and when we have the rest of our members here, we will take action on this bill. So appreciate the presentation. Would you like to close?

Yes. Thank you so much for those comments, Madam Chair. And thank you to Sharon and Christina and all of the providers who are here.

As you saw, each one has a story, each one has someone that they care for, people that they care for and want to be able to do that fully and be able to support themselves and the person they care for and have it be sustainable.

And that's what this would do for so many hundreds of thousands of people across the state and very appreciative of your support and would love to have the bill move forward at the appropriate time.

Get up as soon as we can. Thank you.

Thank you.

And we are going to move back to File item number three with Assemblymember Mckinnor. Any witnesses may come to the table so we can move forward.

We'll give a few seconds for everybody to.

Good morning.

A lot of activity in the building today. A lot of excitement. That's right. Assemblymember, you may proceed.

Madam Chair. Members AB288 will protect California workers by preserving their fundamental and constitutional rights to free speech and free Association.

All workers have an inalienable rights and rights under the First Amendment to the UN to the United States Constitution and California State Constitution to control the labor they provide and to freely join with their co workers to achieve improvements. California law also codified workers fundamental and constitutional protected rights in section 923 of the Labor Code.

Nevertheless, employers continue to use delays in government processing to their advantage by squelching worker organizing efforts and otherwise violating workers rights with impunity. Corporations have filed multiple lawsuits seeking to invalidate federal labor law or cripple its enforcement.

In addition to long standing underfunded and delays, the National Labor Relations Board now lacks a quorum due to the firing of Gwen Wilcox.

Even when California workers are successful in unionizing despite the obstacles they are put in their way, they are often forced to wait for years to have their rights to meet their employer at the bargaining table vindicated.

Such delays in getting remedial relief incentivize employers to refuse to bargain in good faith with workers choosing collective bargaining representatives and prevents workers from getting improved negotiated wages and benefits in a timely manner, thereby contributing to increased workplace conflict and economic instability.

California cannot and must not sit idly by as California workers are exploited and chilled from exercising their rights. This is unacceptable and frankly un American. Our state's power is greatest when it's used to protect its people's physical, social and economic well being. And we must exercise that right.

As the Supreme Court has long recognized, states have a wide field of discretion and regulation to ensure wholesome conditions of work and freedom from oppression.

California therefore has a right and responsibility to regulate the working condition of workers within its borders, including preserving workers fundamental and constitutional protected rights to free speech, to Free Association, and to have a real voice at the workplace. I respectfully ask for your Aye vote. And now you'll hear from my witnesses.

Thank you. Assemblymember. You each have two minutes.

Good morning. My name is Maggie Perez. I work on the ramp loading and unloading planes at Amazon KSBD air hub in San Bernardino. I've worked for Amazon for four years. In my current role, I am responsible for ensuring that the cargo planes are loaded safely.

In fact, many of us on the ramp can be held personally liable, including jail time and fines up to $50,000 if a plane is not loaded properly and causes an inflight issue.

I've joined the effort to form a union to put an end to the disrespect, unsafe working conditions and lack of recognition for the immense responsibilities that we have while earning only a few dollars above minimum wage. Every improvement that's ever been made at KSPD has been a direct result of us workers joining together to voice our concerns.

And every chance Amazon gets to trample on our constitutional rights, they do. Some of my workers have had to go on strike four times since August of 2022. Each time Amazon has illegally deducted earned time off in order to scare workers into submission because they know the power of our collective voice.

A judge already decided that Amazon violated our rights, but we are still waiting for a resolution. This is just one example of how the NLRB is ineffective at holding companies like Amazon accountable. We believe it's time that you, our state representatives, stand up to these corporate bullies and protect our constitutional right to organize once and for all.

Stand with workers, send a message to union busters like Amazon. Defend our right to organize in California and pass AB288. Thank you.

Good morning. My name is Alfredo Munoz. I'm a proud US Navy vet and also a proud Member of the local Teamsters 396. I've been driving for Amazon for a little bit over a year. And with that, you know, I fought for this country to protect the rights that we hold dear.

But Amazon is trampling on my most basic constitutional right to the freedom of speech and to assemble with my fellow co workers in order to make our workplace more livable we need these rights to speak up because the job is very difficult.

A driver often begins his day with 180 stops not realizing that within those stops there are between six to 10 more group stops that represent one stop. This is grueling work and the brakes are looked down upon. This is why the drivers usually have to urinate in bottles and throughout their workday.

We do all this because we need the job despite having to live paycheck to paycheck. It is sad, but instead of us just accepting this, my coworkers and I know that we have the right to demand what is fair.

In November of last year, my coworkers and I joined 10,000Amazon workers nationwide who had reached majority support and demanded upon union recognition at their facilities. To this day, Amazon continues to refuse to recognize our union. With the help of highly paid union buster Consultants, the company repeatedly tells veterans that the new employees There is no union here.

While Amazon cannot dictate whether we have a union, their refusal to respect our constitutionally protected rights and conveniently bargain with our union deters our workers from standing up and asserting their rights.

The NLRB's inability to hold Amazon accountable means hundreds of thousands of Amazon workers in in this country and almost 100,000 just here in California alone do not assert their rights because they know that their government will not protect them when Amazon retaliates. Amazon workers deserve better from a $2 trillion company.

And we need you, our state and representatives to pass AB288 to help us to make this a good job for current and future workers and their families. Thank you.

Thank you very much. Anyone here in support of the bill, please step forward. State your name, affiliation and public position.

Madam Chair and Members, Caitlyn Vega for the California Labor Federation. We are SB proud sponsors of this bill. Thank you.

Want to say we have a lot of speakers so we really want to keep it short. Just the name, affiliation and position. Please go ahead.

Madam Chair. Members Pat Moran with Aaron Reed and associates representing the Orange County Employees Association in support. Thank you.

Madam Chair and Members, Louie Costa with SMART Transportation Division in support.

Madam Chair and Members, Claire Sullivan on behalf of the California Association of Psychiatric Technicians and strong support. Thank you.

I'm James Holland, business agent for the Boilmakers Local 92, Southern California. We are here in support of 288.

Adam Wood, retired San Francisco Firefighters Local 798 here to speak in support.

Thank you Madam Chair. Megan Subers on behalf of the California Professional Firefighters and the Writers Guild of America West in support.

My name is Joe Zapp, Boilermaker Local 549 and I am in support of this bill.

My name is Nicholas Garcia, Marine Corps veteran business manager for Local 92 Southern California Boilermakers. I'm in support of this bill.

William Bertram out of Kingman, Arizona with Local 92 in support of this bill.

Ghana International Boilermaker Local 92 in support of this bill.

Good morning, my name is Gabriel Lopez. I'm a representative Local 92 Boilermakers. I support this bill. Thank you.

Good morning. My name is Keon Kinsey, Local 92 and I'm in support of this bill.

Good morning. I'm Janecia Rose Mcdowell from Southern California. Hello. I'm from Southern California Local 92 Boilermaker and I do support this bill.

Good morning, my name is Rudy Portillo from Boilermakers Training. I support this bill.

Hugh Casaneta from Southern California with the Boilermakers Local 92 as well business rep and we're in support of this bill.

Dosing Laylua were Boilermakers. I support

Fernando Ferreira, Local 92 and we support this bill.

Carlos Morales, Local 92 Southern California. I support this bill.

Jenny Hunch, business agent with Teamsters Local 2010. We support AB 288.

Jose Fuentes, business agent for Teamsters Local 2010 and we support this bill. Thank you.

Gabriel Waterman, Local 2010 Teamsters. We support this bill.

Alfredo Leva, Boilermakers Local 92 President strongly support.

Eduardo Alvarado, proud Member of Local 92 International Boilermakers. I support this bill.

Hi, my name is Alva Leyva. I am a boilermaker from Southern California and I do support this bill.

Carl Keith, I'm part of the Local Boilermakers 92. I support this bill.

Maurice Jones, 549. I support this bill.

Lucille Reyes, Local 549 and I am for this bill.

Good afternoon. Thank you for giving us an opportunity to talk. My name is Randy Thomas. I'm the business manager Boilermakers Local 549 and we support the California's right to organize. Thank you.

Good morning. Timothy Jeffries, international rep for International Brotherhood with Boilermakers. We stand in support of 288. Thank you.

Hector Juarez, Local 92, we approve it.

Marcelo Hernandez, I'm supported.

Guillermo Seguera and I approve.

Martin Paredes supporting.

Vince Hernandez support of it.

Tiffany Whiten with SEIU California in support.

Thank you. Sidali King with UDW Local AFSCME Local 3930 in support.

My name is Jesse Moreno, Proud team strategy local 396 and Amazon driver and I am in support of AB288.

Name is William Overholtzer, I'm a delivery driver for Amazon out of DAX 5 City of Industry and I support AB288.

Ivan Solis, delivery driver, Amazon delivery driver and DFX 4 I support 288.

Hi, my name is Sophia Latkin, I I work out of Amazon in San Bernardino, California KSBD and I support AB288.

My name is Regina Herman, I am a former KSBD worker alongside Sophia, now organizer with Local 1932 and I support AB288.

Mitch Steiger with CFT also in support.

Gaspar Diaz, San Bernardino Airport, KSBD Amazon I support this bill.

Machine Atgums, DCK6, 749 Tolen Street. I support this.

Tobias Chang with the Amazon Teamsters in San Bernardino and I support AB288. Thank you.

Vanessa Valdez, Amazon driver out of Jacks 5 also Amazon organizer in strong support.

Keith Umamoto, former Executive officer of Cal OSHA Standards Board but also representing CARA here today, California Alliance for Retired Americans and we're in support.

Matt Broad for the Teamsters Amalgamated Transit Union, Unite Here, Machinists, Engineers and Scientists at California and support thank you

Amy Hindsight for Unite Here Local 11 and UDW AFSCME Local 3930 and strong support. Thank you.

Hi, I'm Daisy Gr with Amazon Teamsters a DAX 5 city. I'm a driver and I support AB 288.

Hi, my name is Alyssa Manookian out of DAX 5 in City of Industry. I'm an Amazon delivery driver and I support

Hi, my name is Richard Smith, delivery driver out of DAX 5 City of Industry. I'm in support of AB 288.

Hi, my name is Jennifer Beckenstein, I'm a teamster out of local 396 Los Angeles, California and I'm here in support of AB 288.

My name is Matthew Solis, I'm a Teamster from San Bernardino and I'm in support of the bill.

My name is Josh Black, I'm a warehouse worker at Amazon DCK6 in San Francisco and a Teamster and I support 288.

Hi, I'm Consolido Gonzalez, I'm from San Bernardino, KSBD and I support AB 288.

Hi, my name is Juan Gonzalez, my mom works at Amazon Case for the San Bernardino and I support the bill AB288.

Hello, my name is Nathan Mione, I work at DCK6 and I'm Teamster and I support 288.

Hi, I'm Fatima Ibrahimi and I'm work here at Amazon DCK 6 and I support this bill. Yeah.

Hi everyone, my name is Luke Baltay and I work at Amazon in San Bernardino and I support bill AB288.

Hi, my name is Aaron Salas. I work at KSBD San Bernardino and I support AB288.

Hello, my name is Nadia Ortiz and I am from Assembly, North Dakota, California, KSBD and I support AB288.

Hello, my name is Amber Longo, I'm an Amazon worker at KSBD in San Bernardino and I strongly support AB288.

Hello, I'm Vincent Kraus. I work at KSBD Amazon in San Bernardino and I'm in strong support of AB280.

Sean Lopez, Amazon KSBD and I'm in support of the bill.

Leia Pensler, I'm an Amazon worker and Teamster from DCK6 in San Francisco and I enthusiastically support this bill.

Kristen Heidelbach here on behalf of UFCW Western States Council, in support.

Dale Wentz, International Brotherhood of Teamsters Package Division, Teamsters Joint Council 7 and the principal officer of Teamsters Local 150 in Sacramento. In support,

Jesus Sanders, representative of Local 150, Sacramento. We support the bill.

Hello everybody, my name is Monica Alcala from the International Brotherhood of Teamsters, the Human Rights Diversity Committee, also part of Local 150, and I am in support of AB 288.

Good morning. My name is Katie Cumby. I'm a Member of the Local 150 Teamsters and an employee of UPS and I am here in support of AB 28088.

My name is Flofabian Team Siloco 150, Sacramento, California. I support the bill.

Hi, my name is Lin Vo. I'm a business agent of Local 150 and I'm totally support of AB 288. Thank you.

Yes, my name is Jerry Raya. I am in full support of the specific bill. Thank you.

Hi, I'm Randy Crawford, Local 150 and I am in support of this bill.

Hello. Connor Tobin, Teamsters Local 150 business agent. In full support of this bill. Thank you.

Hello, my name is Janae Roberts. I am a worker at DCK6 at Amazon Teamster and I am in full support of this bill.

Hi, my name is Dominic Danieli. I'm a worker and I support this bill.

Good morning, my name is Joanne Bermudez from the ACD.

I'm from DCK6 San Francisco and I'm supporting the bill.

Brian, Amazon team serve worker at DCK6 and I support.

My name is Kenneth Chu and I work at Amazon at the in San Francisco and I support this bill.

My name is Henry Buchanan, Teamsters Local 70 business agent and I support this bill.

My name is Roman Berry, Teamsters Local 70, DHL driver and I support this bill.

My name is Susannah Perez, I am from local 70 teamsters ups and I support this bill.

My name is Mario Vasquez. I'm here on behalf of Teamsters Local 1932 in San Bernardino. Strongly in support of this bill.

Hi, my name is Cynthia, I'm an Amazon worker for Amazon Air at KSBD and I support this bill and my co workers here today.

My name is Johan Amberger, I'm a former KSBD worker from San Bernardino, current team store organizer and I support this bill.

Hello everyone, my name is Jacob Macnick, I'm an Amazon Teamster at DCK6 in San Francisco and also a Member of Local 2785 and I speak strongly in support of this bill. Thank you.

Hello, my name is Dorie Goldberg. I'm an Amazon teamster out of DCK 6 in San Francisco, also a Member of team teamsters local 2785 and I strongly support this bill. Thank you.

Good morning. Apollo Wallace, Teamsters Local 2785 business agent. I support this bill. Thank you.

Good morning. Sal Medina, Teamsters Local 275. I support the bill. Thank you.

Ali Tweeny, Teamsters Local 2010 representing 23,000 strong Teamsters. I strongly support. Support AB 288. Thank you.

Good morning. Robert Sandoval, President of Teamsters local 50 in San Francisco. I strongly support AB20. Thank you.

Good morning. Mark Maloof, business agent with Teamsters Local 665 in San Francisco and also wanted to. We strongly support this bill as well. Thank you.

Good morning. My name is Joe Mattekal. I'm a business agent with Teamsters Local 665 in strong support. Thank you.

DK Lee from Teamsters 439 out of Stockton, California and we definitely support this bill.

Jeff Dornila, organizer from Local 429, Stockton, California strongly support.

Good morning. My name is Mauricio Segue, I'm a business agent with Teamsters 856 and I support this bill.

Good morning. My name is Luciano Radio Jr. I'm business agent with Teamsters Local 856 and I support this bill. Thank you.

Good morning. My name is Jerry Puentes. I'm with Local 431 and I support this bill also.

Good morning. My name is Albert Zamora, Business Agent Local 856 and I strongly support this bill.

Good morning. Cassie Mancini, on behalf of the California School Employees Association and support.

Good morning. Jp Hanna with the California Nurses Association and support.

Good morning. Alejandro Negrete, Teamster Joint Council 7 organizer and I'm here to support the workers and support this bill.

Sean Martinez, Teamsters Amazon Division. I support.

Good morning. My name is Louis Diaz from Visalia, California. I'm here in support of this bill on behalf of Local 948, Teamsters and the 6,000 Members. Thank you.

Hi, I'm Flor Diaz from Modesto, California and I support this bill.

Good morning, everyone. My name is Sienna Diaz with the North Valley Labor Federation and we strongly support the right to organize here in California. Thank you.

Hello, my name is Kane Ray with UFCW 8. We recently unionized and I support this bill. Thank you.

Hi. Michael Larazo from Hercules, California with Teamster 2010 in support of this bill.

Hello. Janice O'Malley asked me. California in strong support. Thank you.

Joe Summers, Contra Costa Labor Council in strong support.

Renee Ross, Boilermakers Local 549, Marine Corps veteran and chairperson of our women's Committee. And I strongly support.

Dion Simone, Boilermakers Local 549 in support.

Michael Moses with the Boilermakers 549 out of Pittsburgh, California. And I'm in strong support of 288.

Good morning. Everybody says a lot of. With the Monterey base Central Labor Council in support as well. Thank you.

Wow. Seeing no one left in the building. I think we are. We are done with our support, so we will move to opposition. Are there any opposition witnesses? Please come and have a seat at the table. You have two minutes.

Good morning, Madam Chair and Committee. Ashley Hoffman, on behalf of the California Chamber of Commerce. I'll be very brief. I want to thank the Committee and the analysis. I think it does a good job really just laying out kind of the difference in opinion on the. On AB 288 from the perspective of.

I think from our perspective, we do view the bill as being preempted under the garment doctrine. I know the proponents obviously feel differently. And again, I think the analysis does a good job kind of laying out some of those differences.

Two other just concerns I want to highlight with the Bill that are also outlined in the Committee's analysis is one, the bill does authorize perv explicitly to deviate from NLRB precedent and make decisions based on its own precedent which are actually derived from a different set of statutes and laws. So we do have some concern about inconsistencies.

And then finally there is a provision in the bill that reads as a strict scrutiny standard and it's a little bit vague as written. It almost implies that the Legislature would be prohibited from amending the law unless they could satisfy that standard, which historically has only really ever been satisfied one time.

It is reserved only for constitutional rights. So I think some clarity there would be helpful. So thank you.

You no other witnesses will move to me toos. Any me toos in opposition to the bill, please step forward. Okay, seeing none, we'll move to the dais. So I want to just say thank you Assembly Member for bringing this critical bill and taking action to defend all employees collective bargaining rights.

We have a current Administration that is actively working to silence those hard fought for rights and preventing federal partners from performing the mission under the nlra which is a critical, critical body.

I know that there is work that is happening with opposition, but we know these are unusual times and we are adapting to a new world and that California has to take the steps to make sure that we are protecting the very, very important right to organize.

As we heard from workers from San Diego to Sacramento today who were here just expressing how important those rights are.

And when our Federal Government fails to follow its own laws and to protect citizens of this country, we have to send a message from California and we have to step up and we have to do the right thing and we have to take on that responsibility.

And it's a tough one and we're going to have to see our way through this. And we know that there are imperfections along the way. But our job here is is to make sure that we're doing our very best to uphold the rights of our residents. And let's be honest, no bill is perfect.

And for that reason I am supporting this bill and am a proud co author of this bill. And I know that the author will continue to work through some of the issues that were raised today. And I will now offer your opportunity to close.

Yes, I'd just like to answer address some of the questions that you had on preemption and legal standing. The National Labor Relations act was never meant to be a shield for employers to break the law without consequences. Preemption was designed to promote consistent protection.

Federal courts have recognized that when the NLRB is incapacitated, states may have room to act. AB 288 is carefully designed to fit within that window. We believe the courts will recognize that workers should not be left entirely unprotected simply because federal appointments are stalled by political gamesmanship. What does this mean for workers?

AB288 means if you get fired for organizing a union, California can step in and investigate, enforce and remedy that injustice just like the NLRB would. It sends a message in California we will never let a federal power vacuum be used as a union. Busted buster strategy. We look at the political history and framing.

This is about protecting democracy in the workplace. Labor rights are civil rights and if the Federal Government won't take the responsibility, we will. California has always been a leader in workers rights. AB 288 continues that legacy in a time in crisis. And as I close the constitutional question before us is this.

Can a state under the 10th amendment step in to protect its residents from harm when the Federal Government fails to do so? I would argue yes. A.B. 288 respects federal labor law by protecting California workers, federal and state constitutional rights to free speech and free Association when the Federal Government refuses to act.

And with that, I ask for your Aye vote.

Thank you for that close. We unfortunately don't have our Members here, but once they come back from various committees, we will take this up and move it forward. Thank you. Thank you.

Okay, we are now going to move further down into the file to AB file item number six. AB 393. Assemblymember Connolly, thank you for your patience. We also know that you are going to be presenting for your colleague and we'll do that. We'll take that up after. File item number nine. And witnesses, please have a seat.

You have two minutes each once we get to your section. Assemblymember, proceed when ready.

Thank you. Madam Chair and Senators proud today to present AB 393, which would require the California Department of Corrections and Rehabilitation and the Department of State Hospitals to conduct a cost analysis when trying to have a contractor fill a position that should be filled by a civil service physician.

Historically, California has contracted our civil service positions within CDCR and the California Correction Health care services, or CCHCS, at rates that are two to three times the average for civil service positions within the Department. For example, a 2020 ruling by the California State Personnel Board found that CCHCS had failed to justify several contracts.

It also found that CCHCS had violated the prohibition on state AGENC contracting out work that civil service employees can perform adequately and competently. In one of the contracts, the board found that CCHCS new staffing levels were inadequate to service the needs of prison inmate population, yet it did not take any action to obtain additional positions.

Instead, they resorted to a private contractor to fill its needs at a higher cost. According to the LAO, the bargaining unit 16, which includes physicians, dentists and psychiatrists, had a vacancy rate of 26% within CDCR, higher than the state average. For family medicine physicians, a vacancy rate was 23% and for psychiatrists it was 46%.

These issues with contracting out positions at exorbitant rates has plagued departments for years. AB 393 is a straightforward measure to ensure that if the cost of a contract contractor is more than the cost of a civil service physician, then the Department must hire a civil service physician before using the contractor.

This bill will also require a report from CDCR and DSH that includes data on the number of cost analyses completed, the number of contractors employed, and the number of civil service physicians and psychiatrists and employed in extra shifts. With author amendments, we will also clarify that the bill includes psychologists represented by bargaining unit 19.

Bottom line, we must do more to ensure that taxpayer dollars are being spent effectively. California should be using its civil service physicians who want to do good work for the state to service the needs of our prison inmates population instead of overpaying contractors.

With me to testify today is Doug Cheopetta, and George Osborne, both with the Union of American Physicians and Dentists.

Thank you. Assemblymember again, two minutes each.

Good morning, Madam Chair and Committee Members. Doug Cheopetta, Chief Executive Officer for the Union of American Physicians and Dentists. We're affiliated with AFSCME. We've been in existence 53 years. A Doctor's union. Think about that. 53 years. We have 7,000 Members and we have 1,000, over 1,000 state employees.

Assemblyman Connolly is gracious and support and introduction to this bill. He did an excellent summation of the problem. I've been here a long time and outsourcing and contracting our civil service physician jobs has always been an issue.

The compensation rate could be anywhere from two to three times the hourly rate, what they pay our frontline doctors who literally work next to another physician. So there's a great disparity there. It's a morale buster. But more importantly, continuity care, particularly with psychiatry, is undermined and undercut.

You know, I often talk to the psychiatrist and I say, what's the rapport like with the patients? And they say, or the inmates? One of the first questions I'm always asked is, are you a contractor? And if a physician says, yes, I am.

You know, the inmate or patient tends to go dark because they know there's going to be a rotating door there and they'll get 34 interventions on an annualized basis. And it simply doesn't bode well. So this is a great tool.

It's not a catch all panacea, but essentially at a time when we got massive budget deficits, the state should really look at what we're paying contractors versus rank and file physicians. Thank you. I'll turn it over to George Osborne, who's our advocate.

Good morning, Madam Chair Members. George Osborne representing uapd. This is a real simple bill. It has the potential to save California millions of dollars a year in cost for doctors by using civil service doctors rather than contractors. It's better for the patients, inmates because the doctors have an opportunity to establish a basis of trust.

And in psychiatry, without trust between a patient and a Doctor, you don't have anything. So it really is good for the patients, good for the state. It's going to save us millions of dollars. There is no, absolutely no opposition to this bill and we would appreciate your support. Thank you.

You any folks here in support of this bill? Me toos. Just state your name and affiliation.

Hi, Janice o' Malley with AFSCME California. We are proud co sponsors of the measure and on behalf of our Members from AFSCME Local 2620, who are with bargaining unit 19, who will later be amended into the bill, are also in strong support.

Yvonne Fernandez, California Labor Federation. In support.

Claire Sullivan, on behalf of the California Association of Psychiatric Technicians and Media. Social part. Thank you.

Okay, it's been stated there's no opposition. So is there any opposition witnesses? Seeing none. Any opposition? Me, too. Seeing none. Any comments from the dais? I don't see any. Assembly Member. You may close.

Yeah. Thank you so much. As was noted, there is no opposition to the bill. It has received bipartisan support. Would respectfully ask for an aye vote.

We'll take that up as soon as our Members return. Thank you.

Thank you. Thank you, Madam Chair.

And then thank you, Assembly Member Connolly, for taking up, on behalf of Assembly Member Kalra, File item number nine, AB 1362.

Thank you, Madam Chair, Senators. AB 1362 will require all foreign labor recruiters, known as FLRs, to register with the Labor Commissioner, not just those who recruit workers through the H2B visa category.

In 2014, California passed SB 477 to better regulate FLRs by requiring them to register with the Labor Commissioner, requiring employers to hire registered FLRs, and most importantly, providing protections and remedies for temporary workers being recruited to California.

However, this law has been interpreted as only applying to H2B workers, despite the author's stated intent that it be applied more broadly, and we have received a letter from that original author. This has left around 345,000 temporary foreign workers annually without essential labor protections.

These workers include H2A visa holders who make up the temporary visa category, with the most documented instances of human trafficking. AB 1362 rightfully corrects its lapse by making it clear all foreign labor recruiters are required to comply with the provisions of SB 477.

Amidst rollbacks of worker protections at the federal level and changing border policies, it is urgent that California ensure all temporary immigrant workers, with domestic workers, to farm workers and nurses, are protected against wage theft, human trafficking, and other labor violations.

Here to testify in support are Kanti Salgado, Survivor Advocate with the Sunita Jain Anti-Trafficking Initiative, and Joe Martinez, CEO of Cierto Global, an international recruiting company.

Thank you, Assemblymember. You each have two minutes.

My name is Kanti Salgado, and I was 18—I was recruited to work in Los Angeles from Sri Lanka. And I didn't, I was not explained what I signed in. Everything was in English. At that time, I was not speaking English.

And I, after I came here, I came here to work for two years, I didn't have any day off. Even though I am sick, I have to work. I couldn't contact anybody. I didn't know my right. I didn't get paid for two years.

And I work as a nanny and housekeeper and cooking for them, cleaning, and sometimes 16 hours a day, sometimes 24 hours a day, seven days a week for two years.

And I am asking you to help with this Bill because I know it's still today, it is happening, and this Bill is very important, the, because I know what is, you know, like, so, I'm sorry, that I've been through and I don't want someone else to go through it. And this Bill will support the people like me.

And the recruiters cannot hide what they are coming to do. And I now, I'm a CNA and home health aide and I work and I'm American citizen, so I want other people to have same right as what I've been through. Thank you.

Good morning, Chair and Members of the Committee. My name is Joe Martinez, and I serve as Executive Director of Cierto, a nonprofit committed to the ethical and transparent recruitment of H2 workers in the United States from Mexico and Guatemala. I strongly support AB 1362, which offers essential protections for temporary workers and addresses fraudulent recruitment and labor trafficking.

To give you a little brief thumbnail sketch, what does Cierto do? We operate a recruitment model that's recognized by the International Labor Organization, the International Office of Migration, both branches of the United Nations, and certified IRIS, which is the International Recruitment Integrity System.

We conduct a three-stage independent survey on workers, home communities at their job sites, and after they return, to ensure transparency and clean recruitment. Our monitoring and evaluation program provides actionable data on productivity, worker satisfaction, and recruitment outcomes.

But given our work in Mexico and Guatemala, we regularly meet workers who have survived exploitation at the hands of other fraudulent and unregulated labor recruiters. Take Elizabeth, a worker we legally recruited to California under the H2A Program. On a prior trip with a recruiter, she was charged roughly 60,000 pesos, roughly $3,000, just to obtain her visa.

When we first met her, she had withdrawn the same amount in anticipation and assuming that she'd need to bribe us to avoid being sold at a sex auction in Tijuana or otherwise exploited. She later told us she had never imagined recruitment without corruption. Sadly, her story isn't rare.

In our experience, most Mexican and Guatemalan workers pay illegal recruitment fees ranging from $3,000 to $10,000 to secure legal visas and jobs in California. And because abuse starts before the job begins, current laws simply don't protect them. This is the gap that AB 1362 fills. It's not new regulation.

It's a long overdue fix to a law California passed over a decade ago. AB 1362.

Please start to wrap up. You have two seconds left.

Corrects a loophole and SB 477 extends protections to hundreds of thousands of workers that it was meant to cover in the first place. So, I respectfully urge you to support AB 1362 so that no temporary worker in California is left unprotected.

Thank you. Thank you. Anyone else here in support of this Bill? Please step forward to the mic and state your name, and affiliation, and position.

Hi, I'm Professor Stephanie Richard. I'm the Director of the Sunita Jain Anti-Trafficking Initiative. I'm one of the sponsors of the Bill.

I also am providing a "Me Too" on behalf of Verite Center for Human Rights and Constitutional Law, Coalition to Abolish Slavery and Trafficking, Central Valley Justice Coalition, former Sacramento Mayor Darrell Steinberg, Economic Policy Institute, Farm Worker Justice, Santa Clara County, Wage Theft Coalition, Justice at Last. These are small organizations that can't be here in person.

Thank you, Madam Chair. Monica Madrid with Coalition for Humane Immigrant Rights, CHIRLA. Proud co-sponsor in support.

Elmer Lazari, on behalf of the California Federation of Labor Unions, in support.

Thank you. Annalee Augustine, here on behalf of the American Apparel and Footwear Association, in support.

Kristin Heidelbach, here on behalf of UFCW Western States Council, in support.

Seeing no one else in support, we're going to move to opposition. Is there an opposition witness here today? Seeing none. Is there any opposition "Me Toos" here? Okay, seeing none. We'll come to the dais. Any comments? I want to first say thank you for stepping in and bringing this important Bill forward.

We've all witnessed the horrific treatment of immigrant workers, enforcement raids taking our neighbors and our family members, disappearing them, and not having protections that we know must be upheld. Each year, we know that we see hundreds of thousands of migrant workers who are recruited abroad and hired to work in the US through temporary work visas.

And we have heard of many abuses and instances when foreign labor recruiters exploit and abuse the workers they promise to bring to work.

This time in our history in California, in this country, we have to be hyper vigilant about how we recruit and bring workers, where they are, what they're doing, what the protections are, and how we ensure that our laws envelop them while they are here in our care.

And it is important that we know who these foreign labor contractors are and ensure that we're expanding proper oversight and the registration requirements, particularly with our Labor Commissioner's Office. We want to ensure that these recruiters are not exploiting their workforce and we also want to ensure that those workers are protected and safe.

And we cannot do that without having important bills and laws in place, like the one you brought forward today. We don't have our Members here. We will take this up, but I do want to offer you a chance to close and know that we will take this up later today.

Appreciate your thoughts as well, Madam Chair. On behalf of Assemblymember Kalra, respectfully ask for an "Aye" vote at the appropriate time.

All for being here. Seeing our next presenter, Assembly Member Valencia. We have file item number five, AB 378. Please step forward, and your witnesses can settle at the table. And they will each have two minutes, but you may proceed when ready.

Good morning, Madam Chair. Muy buenos dias and thank you for the opportunity to present AB 378, which seeks to extend eligibility for participation in the Classified School Employee Summer Assistance Program to employees of joint powers authorities.

This change will ensure that all classified school employees who provide transportation, nutrition, special needs, and other vital services to our students are treated equally regardless of their place of employment. With me to provide testimony on this bill is Cassie Mancini, legislative advocate for the California School Employees Association.

Good morning, Madam Chair and Senators. My name is Cassie Mancini, and I'm here to behalf of the California School Employees Association, a union representing more than 250,000 classified public school employees across the state. CSEA is proud to sponsor AB 378, which would fix an inequity in existing law that prevents classified school staff employed by joint powers authorities from participating in the Classified School Employee Summer Assistance Program, also known as CSESAP.

Since 2018, CSESAP has proven to be a critical lifeline for classified school employees during the summer months when work is unavailable. This program allows low wage classified employees to set aside up to 10% of their pay during the school year to receive up to a dollar for dollar match from the state in the summer when work is unavailable.

This is crucial for our members because they're ineligible to receive Unemployment Insurance during the summer and it's often difficult to find a job for just a month or two. Joint powers authorities, like school districts, may employ classified staff for less than 11 months, serve the needs of staff students during the school year.

For example, JPA classified workers provide school transportation, prepare healthy school meals, and support students with disabilities. AB 378 is a simple parity bill to ensure that all eligible classified employees have the opportunity to participate in CSESAP. Thank you, and I respectfully ask for your aye vote.

You and anyone in support need to state your name and affiliation.

Janice O'Malley, AFSCME California, in support.

Mitch Steiger with CFT, also in support.

Jessica Marquez on behalf of State Superintendent of Public Instruction Tony Thurmond, co-sponsor in strong support.

Elmer Lizardi on behalf of the California Federation of Labor Unions in support.

Thank you. We will move to opposition. Is there any opposition witness here? Seeing none. Any opposition me toos? Seeing none. Move to the dais here. Well, thank you so much Assembly Member. You may close.

Thank you, Madam Chair. Just want to also share that my mother was a 29 year CSEA member who not only herself but also our family benefited from a very similar program to this. So I think it's crucial that all CSEA members have an opportunity to benefit, especially during the summer months when they're not able to to receive a paycheck. With that, I'd respectfully ask for yes vote.

Thank you for that. And as soon as our Members return, we will take this up.

Thank you.

Thank you. Okay, we see our last file item, and the good Assembly Member Berman in the house. So we will move to file item number 7, AB 1251. Assembly Member, please have a seat. If you have witnesses, they're welcome to come forward.

It's just me.

Flying solo. We like it. We like it. Proceed when you're ready.

Zany ideas. Thank you, Madam Chair and Vice Chair. AB 1251 addresses the emerging and disturbing trend of ghost job postings, which are job postings for positions that don't actually exist. As discussed in the committee analysis, a 2024 survey by Resume Builder found that 39% of hiring managers reported posting a ghost job that year, and hiring managers also reported actually contacting candidates for the ghost job.

Some of the reported reasons for posting ghost jobs include to collect resumes to keep on file for a later date, to make it appear that the company is open to external talent, to act like the company is growing, and to make employees believe that their workload will soon be alleviated by new workers coming on the team.

But perhaps the most startling reason is to make current employees feel replaceable. Looking for a job is already an arduous, time consuming, anxiety ridden, and potentially demoralizing process. Misleading ghost job postings unnecessarily add another layer of worry and frustration for those looking for a job.

In response, AB 1251 would add much needed transparency by requiring that every private employer include a statement in the job posting disclosing whether the posting is for vacancy for the advertised position or not. And amendments that we took on the Assembly side removed opposition from the California Chamber of Commerce. Californians deserve to know whether the job they are spending the time and energy to apply for is actually real. And I respectfully ask for your aye vote.

And we will see if there are support me toos here. Any opposition? Any opposition? Seeing none. Opposition me toos? Seeing none. Wonderful. You have the floor.

Bringing this forward. Is there any reason why you didn't include the public sector?

We haven't seen examples of the public sector posting ghost jobs. So it's definitely... And if you've got any examples of it, let me know. It's definitely a conversation I'm open to having. I don't want anybody doing this. So I'm not aware of instances of public entities doing it, but if they are, I'm open to that.

Well, if you're doing that for the private sector, wouldn't you just amend it to include the public sector?

I'm open to that. I'd love to see some examples of it before doing that.

Because if we're going to do this to the private sector, I think we should also do it to the public sector as well. Number two, I would think it's going to be hard to prove. What happens if an employer goes through interviews, just say 10 applicants, and isn't happy with any of the applicants moving forward, and decides, well, you know, it's not working. I just don't feel chemistry on any of these applicants and moves on.

How are you going to prove, how are you going to prove that it's a ghost position? And decides not to hire. Like I own my, I own my little small consulting business, and I interviewed three different people and I just didn't see the chemistry.

And I said, well, you know, maybe it's not a wise move for me to grow and add those employees and those costs. And those risks. When you add, as a small business, those employees, because you have to cover their taxes, you have to cover liability, you have to cover workers comp.

You know, when you, when you're talking about a small business, that's a big commitment to bring on any employee. And so what happens? How do you prove that they might have just reconsidered like I did with my small business?

Yeah. I mean, while you were interviewing candidates for the position, it was for an actual real position that you were looking forward to hiring for. So, you know, there wouldn't be...

What I'm saying is, how are you going to prove that they... I don't mean to cut you off. I'm sorry. How are you going to prove that they intended to ghost this position is what I'm trying to get at.

How would a public... How would the DA prove that the employer never intended to hire. I mean, you know, I think an investigation. You know, if the situation were severe enough, and it only applies to public prosecutors. So the AG, district attorneys, and in limited circumstances, county counsel, they do an investigation and determine whether or not there was proof that the employer didn't actually have a position. If they couldn't find proof, they probably wouldn't prosecute. So I think that's how that investigation would go.

Okay. Through the Chair. Through the Chair. I get where you're going at because I remember going to try to apply, and it is hard to apply for jobs, and you're in many ways desperate to try to find something really quick. So I understand where you're coming from.

I just think this law is going to be hard to prove, and quite frankly, if it's good enough for the private sector, should be good enough for public sector. Until it gets to that point, I can't support the bill today, but I do respect that you bring this issue forward.

Appreciate you. Thanks.

Want to just say, having worked with vulnerable workers who are highly unemployed, there were experiences of workers applying for jobs that were posted en masse and not being hired. And there was an incident, particularly during the COVID years, where there was a lot of funding to help keep our citizens and our residents employed. There were employers who were collecting that money, but they actually weren't hiring people, which we came to learn.

So, you know, appreciate the bill. And good, you know, questions. Glad to hear that you're open to exploring some of those issues that were raised. And it looks like we may have Members here. You might be the first vote of the day, but first we have to establish a quorum. That's right. That's right. We're gonna let... We're gonna let... We're gonna let you close, and then we'll jump into our quorum.

Appreciate the conversation. Appreciate the points raised. It'll definitely dig into, especially the public employer issue, a little deeper. I respectfully ask for your aye vote.

Assistant, let's set our quorum first.

[Roll Call]

Most efficient Senator.

We need a motion. We have, okay, we have a motion from Senator Laird. Assistant, please call the roll.

[Roll Call]

We have a vote of 4 to 1 and this Bill is out.

Thank you.

Senator Laird. Assistant, call the roll.

[Roll Call]

We have a vote of 5 to 0. The consent calendar is out. We're going to start at the top, ladies and gentlemen. File Item Number 1, AB 283, Haney. We have a motion from Senator Durazo.

[Roll Call]

We have a vote of 4 to 1. That Bill is out. Moving to File Item Number 3, AB 288, McKinnor. I need a motion. Moved by Senator Laird.

[Roll Call]

Okay. We have a vote of 4 to 1. That Bill is out. We're going to move to File Item Number 4, AB 694, McKinnor. Moved by Senator Durazo.

[Roll Call]

That Bill has a vote of 4 to 1 and it is out. Moving on to File Item Number 5, AB 378, Valencia. Do we have a motion? We need a motion. This is File Item Number 8—5. Okay, so moved by Senator Laird.

[Roll Call]

We have a vote of 4 to 1. That Bill is out. And we are moving to File Item Number 6, AB 393, Connolly. I need a motion. Thank you, Senator Durazo.

[Roll Call]

We have a vote of 4 to 1. That Bill is out. File Item Number 7, AB 1251. Oh, we did that? That's right. We are, we're ahead of the game. Okay. File Item Number 9, AB 1362, Kalra. I need a motion. Thank you. Senator Cortese moves the bill.

[Roll Call]

That dispenses with our agenda. We want to thank all of the workers who traveled from across the state to be with us today and share their stories and testimonies. And with that, we are adjourned.