Senate Standing Committee on Labor, Public Employment and Retirement
- Lola Smallwood-Cuevas
Legislator
Wow. And it's not Friday the 13th yet, but good morning. We are going to commence our hearing. We are have a lot of folks here who are turning out and will be in and out of our chamber today. So we are going to take our file out of order today and start with file 12 and 13. But before we get to that, we're going to establish a quorum. Please call the roll.
- Lola Smallwood-Cuevas
Legislator
You absolutely may. We were going to you next. So we have a quorum, so we will turn it over to you, Vice Chair.
- Tony Strickland
Legislator
Thank you. I would like to audience and everybody here to acknowledge Cory Botts. Cory's been a longtime member of the Republican Policy Caucus. He's been here a long time. This is his final hearing. He's been in the Senate Republican Policy Office in 2004. He was staff in the Labor Committee in 2005. He has 20 years of staffing Labor Committee.
- Tony Strickland
Legislator
He's had the pleasure of working with seven Vice Chairs. Ackerman, Wyland, Stone, Morrell, Ochoa Bogh, Wilk, and he said I was his favorite, Strickland. He's had 12 Chairs in his 21 years of service in the Senate. He's analyzed over 2,200 bills.
- Tony Strickland
Legislator
And before he came to the Senate Republican Caucus, he was Chief of Staff for Assembly Member Patricia Bates, who I served with and came into the Legislature with back in 1998. On top of that, he was a Senate Fellow for then Senator Chuck Poochigian, who has been a mentor of mine who represented Fresno. And ladies and gentlemen, we're all a family here. And this is his last hearing. Let's give Cory a big round of applause for his service to California. Thank you, Madam Chair, for that opportunity.
- Lola Smallwood-Cuevas
Legislator
Thank you. Thank you so much. The favorite Senator. Appreciate those comments. And just wanted to say good to you, Mr. Botts, it's been a pleasure to sit on this dais with you and hear your comments in helping to staff your Member. I think we appreciate all of your dedication, your public service, particularly to this Committee.
- Lola Smallwood-Cuevas
Legislator
Best of luck. All right, so now we're going to move to file item number 12. And I think we see Assemblywoman Hadwick is with us. We're going to move to your item first, and this is AB 889. We're going to do one quick piece of business before we come to you. We will adopt our consent calendar. Please call the roll.
- Tony Strickland
Legislator
Yeah. Okay. Madam Chair, I'd like to move the consent calendar.
- Committee Secretary
Person
On the consent calendar. On the consent calendar, which today is file items number one, AB 291 by Assembly Member Gipson. Item eight, which is AB 381 by Assembly Member Stefani. And then items 15 and 16, AB 1067 and AB 1398, respectively by Assembly Members Quirk-Silva and Valencia. On the consent calendar. [Roll Call] 2 to 0.
- Lola Smallwood-Cuevas
Legislator
Okay, we have a vote of 2 to 0, and the consent calendar is on call. Assembly Member, you may proceed when you're ready.
- Heather Hadwick
Legislator
Thank you. Madam Chair and Members, I am here to present AB889. AB889 ensures fair, transparent and equitable fringe benefit contributions for workers on public works projects while maintaining a level playing field for responsible employers.
- Heather Hadwick
Legislator
At its core, 889 strengthens the principle of annualization, which is crucial for ensuring that workers receive the full value of the benefits they've earned regardless of whether they work on public or private projects throughout the year. Under current law, some employers exploit exemptions to avoid fairly distributing their benefit contributions over the total hours our employees work.
- Heather Hadwick
Legislator
This creates disparities in worker compensation and undermines prevailing wage laws.889 eliminates those loopholes and guarantees that every worker gets the full intended value of their benefits. For workers, this means more predictable and equitable benefits, whether it's health care, pensions, or other essential fringe benefits. Workers shouldn't be shortchanged simply because their employer shifts between public and private projects.
- Heather Hadwick
Legislator
Annualization ensures that every hour worked counts towards their future security. For responsible employers, 889 ensures uniformity, clarity and fairness by requiring all employers to adhere to the same method for calculating benefit contributions. This Bill prevents bad actors from gaming the system and underbidding responsible contractors who follow the rules.
- Heather Hadwick
Legislator
It strengthens compliance with prevailing wage laws and helps create a business environment where fair competition is based on skill, efficiency and quality work, not on cutting corners at the expense of the workers. Additionally, 889 provides reasonable flexibility for defined contribution pension plans, ensuring that workers have access to immediate and fully vested retirement contributions without penalizing responsible employers.
- Heather Hadwick
Legislator
Importantly, it holds employers accountable by requiring clear documentation of benefit contributions, ensuring transparency and enforcement of the law. 8889 is about fairness. It protects workers, rewards responsible employers, and strengthens public works contracting. In California, I urge the Committee to support AB889 and ensure that every worker receives the full value of their hard earned benefits.
- Heather Hadwick
Legislator
Here to testify with me today are Keith Dunn from the District Council of Ironworkers and Matt Cremens from Operating Engineers.
- Matthew Cremins
Person
Thank you. Madam Chair Members, Matt Cremins here on behalf of the California Nevada Conference of Operating Engineers. We are proud sponsors of AB889, which provides some statutory clarity as it relates to public works annualization in an effort to prevent prevailing wage fringe benefit fraud.
- Matthew Cremins
Person
I think it's important to start with some basic insights on how prevailing wages are paid and make clear that under prevailing wage law, contractors may meet their obligations by paying a combination of cash wages and fringe benefits. It's also important to note that paying fringe benefits on public works projects is not required.
- Matthew Cremins
Person
However, if a contractor tries to claim a payment to a fringe benefit plan as part of meeting their prevailing wage obligation, the cost of those benefits must be converted into an hourly amount.
- Matthew Cremins
Person
Contractors who work under collective bargaining agreements traditionally pay fringe benefits on every hour worked, which makes it very very clear to decipher whether an employee is receiving their full prevailing wage rate or not.
- Matthew Cremins
Person
Other contractors, however, they may make monthly payments into a health care plan or quarterly payments into a 401k plan and these types of lump sum benefits are perfectly allowed and perfectly legal.
- Matthew Cremins
Person
However, again the contractor must annualize these non hourly payments to convert it into an hourly rate in order to ensure that a worker is getting their full prevailing wage rate. The state adopted this principle of annualization of fringe benefits back in the year 2020. However, conforming regulations to specify how this process should work have never been enacted.
- Matthew Cremins
Person
So with that being said, AB889 would simply conform state law with federal Department of Labor rules on annualization by specifying that annualization calculations must be made for all employer payments that are not directly made to a worker and it would additionally provide some enforcement teeth to help the Labor Commissioner actually be able to enforce our laws that we have on the books.
- Matthew Cremins
Person
Happy to answer any questions or concerns and would respectfully ask for your aye vote.
- Keith Dunn
Person
Thank you Madam Chair. Keith Dunn here on behalf of co sponsors the District Council of Iron Workers, the State of California, as well as the State Building Construction Trades Council. Mr. Cremins did a good job of outlining annualization and why it's important. I will make it a little simpler.
- Keith Dunn
Person
Thank you Madam Chair. Keith Dunn here on behalf of co sponsors the District Council of Iron Workers, the State of California, as well as the State Building Construction Trades Council. Mr. Crimmins did a good job of outlining annualization and why it's important. I will make it a little simpler.
- Keith Dunn
Person
Public works are paid for with tax dollars and there needs to be an accounting for to make sure that Contractors aren't gaming the systems.
- Keith Dunn
Person
You're going to hear from some opposition who I'm going to assume will say that there is no problem here and then we agree, but we need to have some oversight to make sure that those bad actors, and there are some that exist, aren't gaming the system.
- Keith Dunn
Person
This legislation flew through the first house with on consent and then decided at some point here that there was issues with this Bill. I would suggest to you that 49 other states have annualization. Everyone complies. There's no problems with apprenticeships. They can pay into the apprenticeship program for private and public works. There's no issues there.
- Keith Dunn
Person
All the apprenticeship programs that are qualified in the State of California can receive those benefits, but you have to pay them on public and private. You can't just do it on the public works. So again, Mr. Crimmins laid out the plan pretty well. We're asking for your support. We think this is a conformity Bill.
- Keith Dunn
Person
We also think that DIR should be funded a little more so that we do have those enforcement mechanisms. It's unfortunate that we have to come back to the Legislature to enact additional legislation when we have a Department that should be doing this already. And again, that's a different issue for a different day.
- Keith Dunn
Person
And we would love to see more enforcement at DIR are absent that. And we haven't done that for years and years and years. We're proposing this Bill which we think goes a long way to normalize and be consistent with federal law in 49 other states. So we would ask for your support.
- Keith Dunn
Person
You're going to hear from a lot of others who agree with me very soon. Thank you.
- Lola Smallwood-Cuevas
Legislator
Thank you. And if we have folks who are in support of this bill, #MeToos. Your name, affiliation and position.
- Joseph Cruz
Person
Madam Chair. Members Joe Cruz, on behalf of the California State Council of Laborers, I want to align my comments with the previous speakers. We fully support the bill and respect and ask for an Aye vote.
- Bob Giraud
Person
Madam Chair and Members. Bob Giraud on behalf of the Painters and Allied Trades. Want to echo the previous witnesses in support of the bill.
- Unidentified Speaker
Person
Vincerew on behalf of the Western States Council of Sheet Metal Workers in support.
- Clementine Ruk
Person
Clementine Ruk, on behalf of the Sheet Metal Workers Union Local 104 in support support.
- Mitchell Beck
Person
Aloha, Mitchell Beck, on behalf of the District Council of Iron Workers in support.
- William Gonzalez
Person
William Gonzalez, with District Council 16 Painters and Allied trades hearing support. Thank you.
- Carlos Flores
Person
Carlos Flores, District Council 16 Painters and Allied trade and support.
- Mike Greenley
Person
Mike Greenley, District Council 16 painters, knowledge trades and support.
- Renee Palacios
Person
My name is Renee Palacios, business agent, Ironworkers local 433 and we support it.
- Mitch Ponce
Person
Good morning. Mitch Ponce, Ironworkers 433. President of the LA Orange County Building Trades Council. We're in support. Thank you.
- Troy Aronson
Person
Good morning. Troy Aronson, business manager of the Ironworkers Local 118, Sacramento, in support.
- Raymond Davis
Person
Good morning. Raymond Davis, business agent, Ironworkers Local 118 in Sacramento in support.
- Francisco Llanes
Person
How you guys doing? Good morning. I'm Francisco llanes, with Local 378, ironworkers and I'm in support. Thank you.
- George Pichila
Person
My name is George Pichila, Local 378 and I'm in support of this bill.
- Adalberto Morales
Person
Good morning. My name is Adalberto Morales. I'm an iron worker also as a citizen. I'm in support of this bill. Thank you.
- Steve McCalli
Person
Morning. Steve McCalli, union iron worker. I'm in support of this bill. Thank you. Have a good day.
- Kevin O'Mahoney
Person
Hello, I'm Kevin O' Mahoney with Labor Management Compliance Council. And I am support of the bill. Thank you.
- Adam Cortese
Person
Adam Cortese, Deputy Director, Work Preservation Fund Incorporated. A labor management Cooperative Committee in full. Support of the bill. Thanks.
- Garth Forshberg
Person
Garth Forshberg, Work Preservation Fund, in support of the bill.
- John Hershey
Person
Good morning. John Hershey, labor compliance officer for UA. Local 447, Labor Management Cooperation Committee in support of the bill. Thank you.
- Frank Hewitt
Person
Frank Hewitt, business rep for District Council 16. I'm in support of the bill.
- James Ashcroft
Person
James Ashcroft, business agent, Ironworkers Local 378, Oakland, and support of the bill.
- Tommy Sandoval
Person
Tommy Sandoval, District Council 16, Painters Local 3 in support of the bill.
- Stephen Brown
Person
Stephen Brown, signatory contractor with Brown Steel Fabrications, supporting the bill for 378.
- Randy Thomas
Person
Randy Thomas, business manager, Boilermakers Local 549, standing in solidarity with the building trades in support of this bill. Thank you very much.
- James Holland
Person
James Holland, business agent, Local 92, Southern California, Huntington Beach, in support of this bill.
- Maurice Jones
Person
Maurice Jones, Local 549, Journeyman, and I stand with this bill. I support it.
- Jesus Perez
Person
Jesus Perez, Boilermakers 549, Pittsburgh, California. I stand in support of the bill.
- Timothy Jeffords
Person
Morning, Madam Chair. Timothy Jeffords, International Brotherhood of Boilermaker, standing in support of state building trades.
- Rachel Shumake
Person
Good morning. My name is Rachel Shumake. I represent over 1300 Members in Contra Costa County for the IBEW and I'm in support of this bill. Thank you.
- Todd Schiavo
Person
Good morning. Todd Schiavo with UA Local 447, Plumbers and Pipefitters, and I also represent the Sacramento Sierra Building Trades Council. I stand in support of this ill. Thank you.
- Andrew Davey
Person
Good morning. Andrew Davey with the UA Local 447, Plumber Pipefitters, Sacramento, and in support of the bill.
- David Sprigg
Person
Dave Sprigg, Plumbers and Pipefitters Local 447, and I'm in support of the bill.
- Tom Ayton
Person
Good morning. My name is Tom Ayton, UA Local 447, and I'm here in support of the bill. Thank you.
- Zach Noonan
Person
Good morning. My name is Zach Noonan with UA Local 447, and I am support.
- Lola Smallwood-Cuevas
Legislator
Okay, it looks like that concludes our support for this bill. We will move to opposition. Are there any opposition witnesses? Please step to the mic. You have two minutes.
- Richard Marcuson
Person
Thank you. Good morning, Senators. Richard Marcuson for the Western Electrical Contractors Association. We typically, or I would say, somewhat unusually, don't disagree with much of the arguments today. The question that is left open is the treatment of the training contributions from journey workers. The idea of annualizing the training contribution for apprentices makes sense.
- Richard Marcuson
Person
Apprentices receive a benefit from those training contributions. However, for journey workers, there is no direct benefit. It's kind of in a third pot of money. But apprenticeship programs utilize the journey worker contributions to support the training of the next generation of craftsmen in construction.
- Richard Marcuson
Person
What is left ambiguous is our construction contractors required to annualize their journey worker contributions for training. The Bill is unclear, which is why the reliance upon determinations from DIR have been so important. Because in General, they have said that there is no direct benefit to journey workers and thus those training contributions don't need to be annualized.
- Richard Marcuson
Person
We're very concerned. And this is not a union versus non union issue. All apprenticeship programs rely upon journey worker contributions. If those are required to be paid to the California Apprenticeship Council, it reduces the amount of contributions that can be used for workforce development.
- Richard Marcuson
Person
Which is why we've asked for correcting very simple amendments that clarify that existing law that allows construction contractors to allocate their training contributions to the apprenticeship program of their choice. Who is authorized to dispense or to indenture apprentices in the County of where the work is being performed? We are opposed unless amended. Thank you.
- Lola Smallwood-Cuevas
Legislator
Thank you. There another opposition witness. You have two minutes.
- Matthew Easley
Person
My name is Matthew Easley. I'm here on behalf of the Apprenticeship and Trust Fund of the Associated General Contractors of San Diego chapter. We are also opposed. Unless amended with similar comments to weca.
- Matthew Easley
Person
We just ask that all apprenticeship programs in the State of California be treated fairly, both union and non union, when the consideration of these funds are in question. Thank you.
- Lola Smallwood-Cuevas
Legislator
Thank you. Are there any other #MeToos in opposition to this bill? Please step forward. State your name and affiliation position.
- John McHale
Person
John McHale, on behalf of Associated Builders and Contractors of California here in a respectful, opposed and less amended position. Thank you.
- Lola Smallwood-Cuevas
Legislator
Okay. Don't see any other #MeToos. We'll come to the dais. Members, any comments or questions? Okay. Assemblymember, would you like to close?
- Heather Hadwick
Legislator
We. We did attempt to have conversations with our opposition. I requested some language that the sponsors may take. That language was never given to me. So I do think this is a bill that will protect our workers. And so I strongly urge an Aye vote. Thank you.
- Lola Smallwood-Cuevas
Legislator
Okay. Thank you. And we have a motion. Thank you. We have a motion from Senator Cortese. Please call the roll on file.
- Committee Secretary
Person
Item number 12 AB889. The motion is do pass to the Committee on appropriations. [Roll Call]
- Lola Smallwood-Cuevas
Legislator
Okay, we have a vote of 2 to 0. The bill is on call and we'll take it up when the other Members return. Thank you. All right, so we are going to move to extending out of file order. We're going to file item number 13, AB 963. I see Assembly Member Petrie-Norris is here. You may come to the podium and begin when you're ready.
- Cottie Petrie-Norris
Legislator
Good morning, Madam Chair. Good morning, Senators. And I want to start by thanking you and your Committee staff for accommodating the presentation this morning. Really appreciate your work and engagement on the bill as well. I am pleased to join you this morning to present AB 963, a good government bill to make sure that private corporations who are developing projects that are utilizing taxpayer dollars are in compliance with existing public contract and labor laws.
- Cottie Petrie-Norris
Legislator
As you all know, the California Public Records Act is a fundamental pillar of good, transparent, and accountable government. A key principle of the CPRA is that government records shall be disclosed upon request unless there is an express legal reason to deny access.
- Cottie Petrie-Norris
Legislator
Under current law, when a public agency undertakes a public works project, they must provide access to documents associated with that project, such as payroll records or bid documents. It's common for the Division of Labor Standards Enforcement or Joint Labor Management Committees to request access to those records in order to ensure that the projects are being executed in a way that is compliant with state law.
- Cottie Petrie-Norris
Legislator
However, private entities do not currently have to provide similar relevant documents even when they are utilizing public funds and utilizing our tax dollars to do these projects. Private entities thus operate in somewhat of a gray space, affording bad actors an opportunity to skirt the law should they so desire.
- Cottie Petrie-Norris
Legislator
AB 963 would close this loophole and allow the Division of Labor Standards Enforcement, multi-employer Taft-Hartley trust funds, and Joint Labor Management Committees to request a limited scope of documents from a corporation or LLC that is utilizing public funds on a project.
- Cottie Petrie-Norris
Legislator
I will also note that we've been having productive conversations with opposition on amendments to address a number of their concerns, including the time frame in which documents are required to be produced, clarifying the definition of public and private projects and thus the scope of the bill, and then the language around fines.
- Cottie Petrie-Norris
Legislator
We will continue to work with them to fine tune the language in these areas and want to ensure that we do address their concern by really protecting the goal of the bill, which is to provide fundamentally transparency and oversight to ensure that the laws of the state are being followed when taxpayer dollars are being utilized.
- Cottie Petrie-Norris
Legislator
So with that, I am pleased to now introduce my two witnesses. We're joined today by Mike Greenlee from the International Union of Painters and Allied Trades District Council 16 and by Mike West from the California State Building and Construction Trades.
- Mike West
Person
Good morning, Chair and Senators. My name is Mike West, and I represent the women and men of the State Building Trades. First, I want to say that not all contractors are bad actors. In fact, the majority of them are in compliance with the law.
- Mike West
Person
When a project is bid, competitively bid, everyone is working from the same set of plans and specifications and is required to pay prevailing wage. Occasionally a bid will come in so low that it comes to the attention of compliance groups. The developers don't want to see the numbers or acknowledge previous violations.
- Mike West
Person
The bottom line is that a contractor not planning on going in the hole and not making a profit or skirting the specification and the only thing left is to not pay the workers the proper wage. Contrary to the opposition's claim, compliance groups are not out shotgunning requests for certified payroll hoping to find something. They already know there's something wrong and the certified payroll would eventually substantiate the violation compared to the hours calculated through monitoring the project.
- Mike West
Person
Requests for certified payroll cannot slow down or stop the construction of a project. It is not a major issue for the owner or developer to comply with the request because, like other documents that pass back and forth between entities during construction, like RFIs, RFPs, and change orders, these documents live on a server somewhere and are easily accessed and sent by an administrative professional.
- Mike West
Person
The workers on the job are not the only ones victims of wage theft. High road contractors employ estimators full time to review plans and specifications and submit bids on projects. When a low road contractor wins a bid with no intention of paying the proper wage, that's a hit to the honest contractor is paying wages and payroll taxes for his estimator.
- Mike West
Person
Frankly, I'm getting worn out by the weak arguments of the opposition that it's inconvenient or it takes up valuable limited resource to provide proof that contractors are not cheating. You might as well say I'm okay with wage theft as long as I continue to profit from it and don't have to admit knowledge or provide documents to prove it. Also that this bill isn't necessary because they can submit payroll records online.
- Mike West
Person
If a bad contractor is not willing to commit, is willing to commit wage theft, what makes anyone think they're willing to submit payroll records willingly? I have examples provided by Joint Labor Management Committees...
- Lola Smallwood-Cuevas
Legislator
Mike, the time, two minutes is up. Do you want to close?
- Lola Smallwood-Cuevas
Legislator
We don't have a minute. Your two minutes is up. So just a couple seconds.
- Mike West
Person
Very quickly. I have examples provided by President Chris Hannan of a project in LA. Total $9.5 million of stolen wages and he stated theft in the construction industry is common and 963 would assist compliance efforts, helping workers and honest contractors.
- Lola Smallwood-Cuevas
Legislator
Thank you. Thank you. Next witness. I think you have 1 minute, 30 seconds.
- Mike Greenlee
Person
Hi. My name is Mike Greenlee. I'm the political communication director for Painters and Allied Trades, District 16. I've been in the trades for 31 years. I've worked on a lot of these projects that this bill hopes to address. CPRA has worked well to hold public agencies accountable, but it does nothing to ensure the construction workers employed on projects built by private entities utilizing public funds are protected from wage theft, misclassification, and violations of state labor code.
- Mike Greenlee
Person
Because currently there's no avenue to gain access to these records, as these entities are excluded from the California Public Public Records Act. If private entities utilize the people's funds to develop projects, then it's the people's business to ensure that those funds are being utilized in a correct manner and that workers are not being hurt in the process.
- Mike Greenlee
Person
Assembly Bill 963 has been drafted to accomplish just that. This bill allows only Division of Labor Standards Enforcement, DIR, Multiplier, Taft–Hartley trust funds, and Joint Labor Management Committees established under the Federal Labor Management Cooperation Act of 1978 the ability to request an extremely limited scope of documents.
- Mike Greenlee
Person
For contractors that take advantage of workers on projects such as these, it almost becomes a business model for them. We might catch them on one project and get hit. I've got $9 million on one job, $1.0 million on another.
- Mike Greenlee
Person
But they're getting away on 10 other jobs doing the exact same thing. It becomes their way of doing business. They don't care if they get hit once because they've already made a profit on 10 more projects. That's why we need this bill to move forward to protect workers. I urge your yes vote.
- Lola Smallwood-Cuevas
Legislator
Thank you. Okay. Who is here speaking me too In support of the bill?
- Bob Giroux
Person
Bob Giroux on behalf of the International Union of Painters and Allied Trades District Council 36 in Southern California, 16 in Northern California, and James Williams Jr. In Hanover, Maryland, the International President, in support.
- Keith Dunn
Person
Thank you, Madam Chair. Keith Dunn here on behalf of the District Council of Ironworkers the State of California, as well as the State Building Construction Trades Council of California in support, asking for your aye vote.
- Vince Sugrue
Person
Vince Sugrue on behalf of the Western States Council of Sheet Metal Workers in support.
- Clementine Ruch
Person
Clementine Ruch on behalf of the Sheet Metal Workers Union Local 104 in support.
- Mitchell Bechtel
Person
Mitchell Bechtel on behalf of the District Council of Ironworkers in support.
- Matthew Cremins
Person
Matt Cremins, California Nevada Conference of Operating Engineers, strong support.
- James Thuerwachter
Person
James Thuerwachter with the California State Council of Laborers in strong support.
- Connor Gusman
Person
Good morning. Connor Gusman on behalf of the California Teamsters in support. Thank you.
- Randy Rojas
Person
Randy Rojas, District Council 16 Painters Allied Trades, strong support.
- Dustin Spurgeon
Person
Dustin Spurgeon, District Council 16 Painters and Allied Trades, in strong support.
- Renee Palacios
Person
My name is Rene Palacios, business agent, Iron Workers Local 433. We support the bill.
- Mitch Ponce
Person
Morning again. Mitch Ponce, Ironworkers 433, LA Orange County Building Trades Council. We are in support. Thank you.
- Troy Arntson
Person
Good morning, Madam Chair. Thank you for your time. Troy Arntson, business manager, Local 118 Sacramento, in strong support.
- George Pichila
Person
George Pichila, Iron Worker Local 378, in support of the bill. Thank you.
- Adalberto Morales
Person
I'm Alberto Morales, Local 378 from the Iron Workers. I'm in favor.
- Stephen Scally
Person
Morning. Stephen Scally, Union and Iron Workers 378. I'm in support of the bill.
- Trenton Ledezma
Person
Morning. Trenton Ledezma, Iron Workers Local 378. I'm in support of this bill.
- Adam Cortez
Person
Adam Cortez, Deputy Director, Work Preservation Fund Incorporated, a labor management cooperative committee, in full support. Thank you.
- Frank Hewett
Person
Frank Hewett, business rep, District Council 16, in full support of the bill.
- James Ashcroft
Person
James Ashcroft, business agent, Iron Workers Local 378, Oakland, in full support.
- Steven Brown
Person
Signatory contractor, Iron Workers Local 378, in full support. Steven Brown.
- John Hershey
Person
John Hershey, labor compliance officer for UA Local 447 Plumbers and Pipefitters Labor Management Cooperation Committee. And because of how many times LLC has told me to kick rocks on a public works housing project, in strong support of this. Thank you.
- Todd Schiavo
Person
Todd Schiavo, UA Local 447, and President of the Local Building Trades, speaking in strong support of the bill. Thank you.
- Andrew Davie
Person
Good morning. Andrew Davie, UA Local 447, Sacramento Plumbers and Pipefitters, in full support of this bill.
- Tom Aten
Person
Good morning. Tom Aten, UA Local 447. I'm here in support of the bill. Thank you.
- Brian Gregory
Person
Good morning. Brian Gregory, Local 378 Ironworkers, full support.
- Timothy Jefferies
Person
Good morning again. Timothy Jefferies, International Boilermakers. Representing these 2,000 boilermakers in the State of California standing in strong support State Building Trades.
- Anthony Viscuso
Person
Good morning. Anthony Viscuso, Local 16 Heat and Frost Insulators, business agent representing almost 700 insulators also in support of this bill. Thank you very much.
- Rachel Shoemake
Person
Good morning. Rachel Shoemake, assistant business manager at IBEW Local 302 in Contra Casa County, representing over 1300 electrical workers in support. Thank you.
- Steven Booker
Person
Good morning. My name is Steven Booker, political director of International Brotherhood of Electrical Workers Local 617, representing 1700 electrical workers, and we're in full support. Thank you.
- Elmer Lizardi
Person
Good morning, Chair and Members. Elmer Lizardi here on behalf of the California Federation of Labor Unions in support.
- Kevin Ferreira
Person
Good morning. Kevin Ferreira, Sacramento Sierra Building Construction Trades Council. We are in strong support as well. Thank you.
- William Gonzalez
Person
William Gonzalez with District Council 16 Painters and Allied Trades. We are here in support. Thank you.
- James Holland
Person
Jimmy Holland, Boilermakers Local 92, Southern California. We are in strong support.
- Carlos Flores
Person
Carlos Flores, District Council 16 Painters and Allied Trades, and we are in strong support.
- Lola Smallwood-Cuevas
Legislator
Thank you. We will now move to opposition. Are there opposition witnesses? Please step to the mic. You have two minutes.
- Silvio Ferrari
Person
Good morning, Madam Chair and Members. Silvio Ferrari on behalf of the California Building Industry Association here in opposition. Would like to thank the the author of the bill. We have had productive conversations over the last several weeks, and we look forward to those continuing. I would also like to commend the analysis.
- Silvio Ferrari
Person
The analysis did a terrific job and I'd recommend everyone take a look at it and read it. Because a lot of the questions we've been asking, I think the analysis appropriately identifies and asks many of those same questions about will this bill, if enacted, actually achieve the outcome that the sponsors are looking for.
- Silvio Ferrari
Person
So even with that, we have been very willing and at the the table to bring amendments forward to try to get to a place of neutrality. The author, in opening statements, did a really good job of identifying kind of those areas that we've been working on. They are timelines, they are definitions, they are the fees and penalties, making sure those are reasonable.
- Silvio Ferrari
Person
The only other thing I would mention that really needs to be made clear is, under existing law, if a direct contractor does not receive this information from a subcontractor, they are not held accountable for not being able to receive that information once requested. Doesn't seem like we...
- Silvio Ferrari
Person
It seems to us that we should receive that same kind of consideration. We request the information, that is not provided. We have done everything under our power to receive it. We would like to see that existing law also apply to owners and developers. So again, we're opposed. But appreciate the work today and continue, look forward to continue to work on it. Thank you.
- Graciela Castillo-Krings
Person
Graciela Castillo-Krings here on behalf of the California Housing Consortium. We are the developers of affordable housing, and we agree with the Assemblywoman that we do not want contractors that are breaking the law to get away. We agree that more enforcement is needed and understand that sometimes there is a lack of state resources and are willing to figure out a way of moving forward that ensures that whoever is actually breaking the law is held responsible.
- Graciela Castillo-Krings
Person
But we don't think that it should be up to the developer who is trying to do everything they can to build affordable units to be held responsible for behavior that is not theirs. So we hope to reach an agreement with the Assemblywoman that removes our opposition. Thank you.
- Lola Smallwood-Cuevas
Legislator
Thank you. Okay. Opposition me toos, step forward. Name, affiliation, and position.
- Mark Stivers
Person
Got it. Mark Stivers of the California Housing Partnership. And we're in opposition, but I'll align my comments with those of the previous speaker. Thank you.
- Natalie Spievack
Person
Good morning. Natalie Spievack with Housing California. We are also respectfully opposed to the bill and want to align my comments with my two colleagues ahead of me. Thank you.
- Shira Spector
Person
Good morning. Shira Spector for Stone Advocacy on behalf of the California Solar and Storage Association in respectful opposed against amend unless amended, sorry, position. Thank you.
- Matthew Easley
Person
Good morning. Matt Easley on behalf of the Associated General Contractors California. We are also opposed to the bill, but appreciate the conversations with the author. Thank you.
- Lola Smallwood-Cuevas
Legislator
Thank you. Okay, we will come to the dais. Members, comments, questions? Sure. Senator Cortese, please.
- Lola Smallwood-Cuevas
Legislator
Okay, so we have a motion from Senator Cortese. We will come to you to close. Obviously, I don't know if you want to address some of the comments that were made in your close, but feel free to do so.
- Cottie Petrie-Norris
Legislator
Yes. Well, thank you, Madam Chair. And let me start by saying this only applies to projects where taxpayer dollars are being utilized. When we are investing taxpayer dollars, we need to ensure that there is robust oversight and robust accountability so that the laws of this state are being followed on those initiatives.
- Cottie Petrie-Norris
Legislator
The second thing I'll say is that this is absolutely not intended as some sort of gotcha exercise or a fishing expedition. And that's why we've continued to have conversations with opposition to ensure that we thread the needle and craft this bill in a way that will hold bad actors accountable while not being overly burdensome on the vast majority of developers who we know are doing the right thing.
- Cottie Petrie-Norris
Legislator
But we also know there's countless examples of the fact that there are bad actors. So we need to ensure that the same public records information that's available when agencies or local governments are implementing projects, that we have that same transparency when public dollars are being used by private developers. So appreciate the engagement of the Committee on the bill, and respectfully ask for an aye vote.
- Lola Smallwood-Cuevas
Legislator
Thank you. We have a motion from Senator Cortese. And let's call the roll.
- Committee Secretary
Person
On file item 13, the motion is do pass to the Committee on the Judiciary. [Roll Call]
- Lola Smallwood-Cuevas
Legislator
We have a vote of 2 to 1. When our colleagues return, we'll take it off call.
- Lola Smallwood-Cuevas
Legislator
Okay. I see Assembly Member Lee waiting patiently. Thank you. We are going to move to file item number... We'll start with number 10.
- Alex Lee
Legislator
Correct. All right, thank you, Madam Chair and Senators. AB 792. This is a simple bill that seeks to provide more stability and focus for interpreters employed by the courts. Currently, collective bargaining is divided into four regions for court interpreters, although they are represented by a single union.
- Alex Lee
Legislator
The bill simply says that when more than one of these regions are in contract negotiations and the negotiations can be consolidated. The bill has been amended to address concerns raised by judicial council by specifying that the mutual consent is required for consolidated bargaining.
- Alex Lee
Legislator
Consolidated bargaining can lead to more efficient and faster resolution so that both the courts and the union members can get back to meeting the real challenges of recruiting and building interpretation capacity to ensure that everyone has access to the courts. With me today in support is Ignacio Hernandez. If he is here right now, or he may be running, stuck outside.
- Lola Smallwood-Cuevas
Legislator
Okay, you've arrived. Wonderful. Please come know the mic. We do it at the mic and you have two minutes.
- Ignacio Hernandez
Person
Great. Thank you. Good morning, Madam Chair and members. Ignacio Hernandez, on behalf of the California Federation of Interpreters. We are the statewide associate, a statewide union of court interpreters and cover almost every county in this state. We are running into a big issue here in California. Courts are increasingly relying on independent contractors instead of employees.
- Ignacio Hernandez
Person
Some counties have as high as 60% employees in some of the major languages, such as Spanish. And this has been an issue that we've been fighting. Santa Clara County is one of the major problems. We see it in other counties as well.
- Ignacio Hernandez
Person
One of the challenges that back in 2002 the state adopted the Interpreter Act that created a regional bargaining strategy. Because we only have about 1,000 court interpreters in the state, it was the best way to maximize the ability of the workers to collectively bargain.
- Ignacio Hernandez
Person
We are running into a situation now where regions are bargaining individually, but now they're getting prolonged. So we have multiple regions bargaining at the same time. The union is a single union.
- Ignacio Hernandez
Person
The leadership is made up of working interpreters, and they just simply cannot use the resources to critically engage in this collective bargaining process when multiple regions are going on at the same time and having to negotiate. Southern California, Northern California, multiple courts, as well as judicial councils.
- Ignacio Hernandez
Person
So this bill creates an avenue where we can do multi regional bargaining at the same time and bring everybody to the table.
- Ignacio Hernandez
Person
It's more efficient and we think we'll bring better agreements so that we can really focus on bringing in more court interpreters into our courts and provide the services needed for those who are attempting to access our justice system. So for those reasons, we're the sponsors and we ask for support.
- Lola Smallwood-Cuevas
Legislator
Thank you. I think that not another one witness, is that right?
- Lola Smallwood-Cuevas
Legislator
So we'll move to mee toos. Are folks here in support of the bill want to offer me toos? Okay. We can move to opposition. Is there an opposition witness on this bill? Okay. Seeing none. Opposition me toos in the audience. Okay. Seeing none. We'll move to Members. Members? No. Okay. Would you like to close Assemblymember?
- Lola Smallwood-Cuevas
Legislator
Thank you. We have a, we have a motion from Senator Cortese.Call the roll
- Committee Secretary
Person
On file item 10. The motion is due pass to the Committee on Appropriations. [Roll Call].
- Lola Smallwood-Cuevas
Legislator
Okay, two to one. That bill is on call. We will move to file item 11. And that's AB 58. I'm sorry, 858.
- Alex Lee
Legislator
All right, thank you, Madam Chair and colleagues. I'm presenting AB 858. This Bill ensures that hospitality workers will have rehiring protections after a declared State of Emergency, such as a pandemic or natural disaster. The Bill does two things. Expands rehiring protections to include hospitality workers affected by State of emergency, which would sunset in December of 2027.
- Alex Lee
Legislator
And two, extends the COVID-19 rehiring protections to December 2027. Often after a natural disaster occurs, the state and federal Government steps in to support those displaced by disaster. But workers in the hospitality industry often suffer the economic consequences long after disaster relief agencies are gone.
- Alex Lee
Legislator
The lingering economic impacts on tourism can mean that workers face eviction, bankruptcy, and long term unemployment. The Labor Commissioner has cited numerous employers for violating existing rehiring laws, which is why these protections need to be extended. And I'd like to introduce my witnesses in support, witnesses in support, who are hospitality workers.
- Lola Smallwood-Cuevas
Legislator
Wonderful. Please step forward. You have two minutes each.
- Julee Malinowski-Ball
Person
It fails to address all the concerns that have popped up since then, you know, because of the inability of employees to opt out of us having to contact them every time there's a position open. It is upsetting former employees for years.
- Testimony Translator
Person
"Hello. Good morning. My name is Xochil Suniga and I'm a housekeeper in the hotel in Long Beach."
- Testimony Translator
Person
"So, I've worked as a housekeeper at the Hotel Maya in Long beach for three years. That job is my livelihood and like a second home. I'm a dedicated worker who takes place pride in caring for every guest and welcoming them to our city."
- Testimony Translator
Person
"But since the start of this year, occupancy at our particular hotel has been very low. I'm lucky to get scheduled even once a week. And many of my coworkers haven't worked at all."
- Testimony Translator
Person
"As a mother, as a mother who's the main family's provider, this has been incredibly difficult."
- Testimony Translator
Person
"Right now, the law only protects our right to return to work through the end of 2025. But many of us are still struggling, especially given the wildfires that ravaged LA County, impacting us even more."
- Testimony Translator
Person
"AB 858 would extend recall rights given workers, giving workers, like me a fair chance to return as business recovers."
- Testimony Translator
Person
"This Bill is a lifeline. With the World Cup and Olympics coming, we deserve a chance to get our jobs back. AB 858 would prioritize workers with the most experience, many of us Latina women of color, who have kept this industry going."
- Testimony Translator
Person
"We are not disposable. We are the backbone of California's hospitality economy and AB 858 gives us hope and stability when we need it the most. I respectfully ask for your aye vote on this. Thank you."
- Amy Heinschaik
Person
Honorable Chair and Members, Amy Heinschaik with Wildcat Consulting, representing Unite Here Local 11, a co-sponsor of this Bill, along with Unite Here International and the California Federation of Labor Unions. Local 11 currently represents over 32,000 hospitality workers in Southern California and Arizona.
- Amy Heinschaik
Person
AB 858 would extend recall rights for hospitality workers through 2027 so that workers who were laid off because of natural disasters will have the right to return to their same jobs when business recovers and workplaces are reopened.
- Amy Heinschaik
Person
AB 858 by Assemblymember Lee will extend the rehiring rights for the enacted SB 93, which was enacted in 2021, and SB 723, which is enacted in 2023, for hospitality workers after a state of declared emergencies, such as a natural disaster or pandemic until December 31st, 2027.
- Amy Heinschaik
Person
SB 93 and SB 723 are two of the most successful pieces of legislation for jobs in the history of California. Around 90% of housekeepers, servers, bartenders, cooks, and cashiers at hotels, airports, and events centers were laid off during the COVID-19 crisis, which is hundreds of thousands of workers.
- Amy Heinschaik
Person
Today, the vast majority of those workers have been returned—offered a return—to those same jobs in an orderly transition as business reopened. However, this transition back to work is not yet complete and we saw new layoffs after recent natural disasters.
- Amy Heinschaik
Person
Some hotel departments have still not reopened from the pandemic and now the tourism industry has been very impacted by natural disasters like fires in LA and Orange counties. In Santa Monica, for example, air quality concerns have torpedoed outdoor dining. Mass cancellations of organized trips has crippled tourism businesses.
- Amy Heinschaik
Person
Perry's alone lost nearly $90,000 in cancelled events for February, and the relocation of the Genesis Golf tournament from the nearby Riviera Country Club has impacted local hotels. Hollywood hotels have experienced very low occupancy. Many banquets were canceled. Events were canceled at Pasadena Convention Center and Rosebowl because of the displaced people using those venues for shelter.
- Amy Heinschaik
Person
Entire business districts in the fire zone will have to be rebuilt. And the Topanga Ranch Motel was destroyed by the Palisades Fire. We respectfully request your aye vote and thank Assemblymember Lee for his leadership on this issue.
- Lola Smallwood-Cuevas
Legislator
Thank you. Okay. Support me too's. Name and affiliation.
- Ethan Nagler
Person
Ethan Nagler, on behalf of the California Association of Psychiatric Technicians, in support. Thank you.
- Matt Brod
Person
Madam Chair and Members, Matt Broad here, on behalf of Unite Here International Union, co-sponsors on the Bill. Happy to answer any technical questions. Thank you.
- Sara Flocks
Person
Madam Chair and Members, Sarah Flocks, California Federation of Labor Unions, proud co-sponsor. Support. Thank you.
- Navnit Puryear
Person
Good morning. Navneet Puryear, on behalf of the California School Employees Association, also in support.
- Lola Smallwood-Cuevas
Legislator
Now, we're going to move to opposition. Are there any opposition witnesses? Please step forward. You each have two minutes.
- Julee Malinowski-Ball
Person
Thank you. Good morning, Madam Chair and Members. I'm Julie Malinowski Ball, on behalf of the California Hotel and Lodging Association. We're here today opposing this Bill. You know, these statutes were created during the COVID-19 Pandemic, as you heard. It was an unprecedented global crisis.
- Julee Malinowski-Ball
Person
And applying the same exact statute to any future state of emergency in the State of California, no matter how limited or localized, is something that we object to. This isn't just a policy extension. It's a major shift in labor law that we think is inappropriate. States of emergencies are not COVID.
- Julee Malinowski-Ball
Person
They don't have the same impacts on the workforce that the COVID Pandemic did. But even if it did, the current statute imposes burdens on employers and employees that haven't been talked about yet. So, the measure would essentially say that everything that we had to do during COVID we have to do now.
- Julee Malinowski-Ball
Person
However, because the sponsors of this measure sought its inclusion, former hotel employees are stuck with the annoyance, truly annoyance, that we keep getting heard from them. Texts, mail, emails. Employers were left spamming former employees for these positions, even though they have told us countless times they don't want to be contacted again.
- Julee Malinowski-Ball
Person
Now to the state of emergency and the impact on the tourism industry. We feel impacts on the tourism industry all the time. It could be a state of emergency. It could be a fire that didn't produce a state of emergency. It could be something that the Legislature did in a new statute that impacted how hotels do business.
- Julee Malinowski-Ball
Person
We can't sit there and say for everything that happens that impacts the tourism industry, we need to have a solution. But again, states of emergency—there's 56 on the books today. Now this Bill is going forward. This Bill means that could potentially we could be forced to.
- Julee Malinowski-Ball
Person
Yeah. We just think that the—it needs to be shrunk in terms of, you know, what a state of emergency looks like, the time frame, so on and so forth. But we do object. Thank you.
- Ashley Hoffman
Person
Good morning, Madam Chair and Members. Ashley Hoffman, on behalf of the California Chamber of Commerce, respectfully in opposition. I want to echo the concerns of my colleague and just raise several other concerns.
- Ashley Hoffman
Person
Under 858, as written, it presumes that if a worker is laid off for a non disciplinary reason, it would be presumed to have been because of COVID and an applicable state of emergency.
- Ashley Hoffman
Person
The burden would then be on the employer to show otherwise and then to follow a process that we believe delays hiring and unfortunately, takes away all discretion that this individual industry would have as far as who they want to hire for any open positions.
- Ashley Hoffman
Person
And any misstep, whether it be in paperwork or otherwise, could subject the employer to penalties of up to $500 per day for when that violation continues to occur.
- Ashley Hoffman
Person
I also want to just note on the state of emergency piece, there was a very similar Bill in 2020, that was actually vetoed by the Governor, that included similar language tying the recall rehire provision to states of emergency.
- Ashley Hoffman
Person
And that veto message noted that tying the bill's provisions to a State of emergency will create a confusing patchwork of requirements in different counties at different times and is echoed by my colleague.
- Ashley Hoffman
Person
Really emphasize that when we have conditions that are impacting tourism or are impacting local areas, that hospitality is one of the industries that's really the hardest hit at those times. And we believe that unfortunately, this can't get create a very onerous burden that will actually delay hiring. Thank you.
- Lola Smallwood-Cuevas
Legislator
Thank you. Okay, we have opposition me toos. Please step forward. State your name, affiliation.
- Chris Micheli
Person
Good morning, Madam Chair. Chris McKayley, on behalf of the Los Angeles Area Chamber of Commerce, in respectful opposition. Thank you.
- Marlon Lara
Person
Good morning. Marlon Lara, with the California Restaurant Association, in opposition. Thank you.
- Jacob Brint
Person
Good morning. Jacob Brint, with the California Retailers Association, in respectful opposition.
- Chloe King
Person
Chloe King, with Political Solutions, on behalf of the California Travel Association, in opposition. Thank you.
- Lola Smallwood-Cuevas
Legislator
Okay, looks like that's the end of opposition. We'll come to the dais. Members? Senator Cortese.
- Dave Cortese
Legislator
Just question for the author on what dialogue he's still having or not.
- Dave Cortese
Legislator
I just want, of all the things that have been said, for whatever it's worth, I'm not, I don't find too compelling the idea that, that the pandemic, just because it was global is more significant than some other declaration of emergency that might happen—earthquake, wildfire, whether it's in a, you know, typically in a particular county or region, it could actually have, I think, even more impact to employment, one way or the other.
- Dave Cortese
Legislator
Hotels housing people, for example, and needing more employees or less employees if, you know, they're sort of victimized by that.
- Dave Cortese
Legislator
So, I don't think that cuts one way or the other on a Bill like this that's really about the employment impact per se of, you know, of necessary layoffs or, you know, even, even temporary termination, which is, I think the direction the bill's trying to go.
- Dave Cortese
Legislator
The op, you know, the opt out at some point is somewhat of a compelling, you know, message, I think we hear from the opposition.
- Dave Cortese
Legislator
You know, how many times do they need to go back, and I don't know if there's been work done on that or what your thought process is on that, but, or if I didn't read the fine print.
- Dave Cortese
Legislator
But I'm just wondering what's your take on, at what point does that, does that option essentially expire because people moved on?
- Alex Lee
Legislator
Well, Senator, I think it's a really good point you made that I think that just because the pandemic is different in scope or global, I don't think is necessarily just as harmful or detrimental to a community or tourism industry in general as, say, the wildfires that happened in LA or even major earthquakes or anything like that.
- Alex Lee
Legislator
So, I think that's why it is compelling to put all together. We continue to have dialogue with the sponsors, with all stakeholders included. So, you know, some of the amendments are processed today are reflective of that where we want to make sure it's about the specific sites, right?
- Alex Lee
Legislator
Because we're having large scale declarations that might not affect one part of the county if it's just the other half that's affected. I don't know if my sponsors want to talk anything about the technical things, but we continue to just have dialogue on things.
- Lola Smallwood-Cuevas
Legislator
Sorry, you may, I'm sorry, trying to clarify what amendments but we, I just want...
- Matt Brod
Person
Yeah. Through the Chair. Matt, Matt Brod, here on behalf of Unite Here International Union. Just to clarify the amendment that Assemblymember Lee's talking about limited the scope of the, you know, the emergency and that was at the request of the opposition. They raised that in the last Committee in the other House.
- Matt Brod
Person
And you know, we committed to addressing that and did address that. This is the first time I'm hearing about this opt out issue. Certainly something that we're happy to take into account if that's some, you know, a real issue.
- Matt Brod
Person
You know, my initial sort of feedback to it is unless there's an obligation on the employer to keep going back to the employee over and over again, that's required by law or statute, if it's just that they're failing to remove asking the employee from a list, you know, that's something that an employer could do on their own to stop bugging an employee.
- Matt Brod
Person
But if there's a problem here, we're certainly happy to address it within this Bill or consider how we might address it.
- Dave Cortese
Legislator
Thank you. I mean, I'm satisfied very much with the idea that sponsors willing to keep working on that. I don't know the exact solution or should we be trying to fashion that from the dais, but it just seems it's very similar to a records retention issue.
- Dave Cortese
Legislator
At some point, there just probably needs to be a cut off, you know, once due diligence has, has been conducted. That's my two cents. But I'm happy to move the Bill. I think it's going in the right direction.
- Lola Smallwood-Cuevas
Legislator
Yeah, I, I appreciate that. And so, the conversations are still moving forward. I, I think the opposition mentioned something about spamming. I, I wouldn't use that term because we know there are some employees who do want to come back to work. But I agree with Senator Cortese.
- Lola Smallwood-Cuevas
Legislator
Glad that the conversations are happening about those employees who might not want to be called back and they can opt out. Would you like to close?
- Alex Lee
Legislator
Yes, certainly, on the aspect of the repeat contact is a new one raised by the opposition for me as well. But I do think it's important that we remember that we do want our laid off employees to get chances to get those jobs back. You know, you never know because, again, this is we're making—the employer is obligated to make the offer and wait for five business days.
- Alex Lee
Legislator
They can make simultaneous offers and it's only five business days. Right? You could be in the middle of many things that are happening in life or the disaster still ongoing.
- Alex Lee
Legislator
We want to be able to give that flexibility to our hard working men and women that work in hospitality. And especially, this Bill encapsulates that, especially when we have global or even very localized disasters, they can really reshape the entire landscape.
- Alex Lee
Legislator
And tourism was one of the most hardest hit places and we want to retain that really high quality workforce that can come back and really rejuvenate the local economy. So, with that, I respectfully ask your aye vote.
- Lola Smallwood-Cuevas
Legislator
Thank you. We have a motion for Senator Cortese. Let's call the roll.
- Lola Smallwood-Cuevas
Legislator
Thank you, Assemblymember. This is a 2 to 1 vote. It's on call. So, I see Assemblymember Schiavo, she's—please come to the podium when you're ready. But we also want to recognize one of our future leaders, Carlos, who is here with us. Everyone say hello to Carlos.
- Lola Smallwood-Cuevas
Legislator
Carlos is the son of our Committee staff and he's here observing today. So, we're glad to see you, Carlos. Welcome. Assemblymember, please proceed.
- Pilar Schiavo
Legislator
That's a nice way to start. Well, thank you so much, Madam Chair and Members. I have a really, really simple Bill for you today presenting AB 406, which will provide clarifying and technical changes for AB 2499, a Bill I authored last year. These are not substantive changes.
- Pilar Schiavo
Legislator
AB 2499 allowed for family Members of victims and survivors of domestic violence, sexual assault, stalking and other violence to take unpaid leave, and time off to address safety concerns to heal or support their family. AB 406 furthers AB 2499, by adding timelines that clearly delineate enforcement authority between the Civil Rights Department and the Labor Commission office.
- Pilar Schiavo
Legislator
Adds a sunset date to labor code Section 230 and 230.1, and aligns labor codes with the government code to correct permitted use of paid sick leave. These technical fixes will help survivors of crime and their families to take the leave that they need to heal without fear or concern of losing their jobs.
- Lola Smallwood-Cuevas
Legislator
Thank you, Assembly Member. Are there any witnesses. No. No witnesses. Okay. Any folks here in support of the Bill. Me too's.
- Ashley Hoffman
Person
Hi, Ashley Hoffman from the chamber. Just a thank you to the author. Some of the cleanup in the Bill was requested by my Members. So really appreciate her running this Bill. Thank you.
- Lola Smallwood-Cuevas
Legislator
Thank you. Good to see you in support. Wow. See, we're going to go to opposition. Do we have any opposition witnesses. Seeing none. Any opposition me too's. Okay, coming to the dais.
- Lola Smallwood-Cuevas
Legislator
Thank you. Senator Cortese has a motion. Call the roll.
- Lola Smallwood-Cuevas
Legislator
Thank you. We have a motion. Would you like to close.
- Committee Secretary
Person
Excuse me. On file item nine. The motion is Do Passed to the Committee on the Judiciary. Senator Smallwood-Cuevas. Smallwood-Cuevas, aye. Strickland. Cortese. Cortese, aye. Durazo. Laird.
- Lola Smallwood-Cuevas
Legislator
Okay, we have a vote of 2 to 0. We'll take it out when the Members return. Thank you.
- Lola Smallwood-Cuevas
Legislator
Assemblymember Chin is with us. Please proceed to the podium. Begin when you're ready.
- Phillip Chen
Legislator
Madam Chair, thank you so much for your time. I really appreciate your indulgence. Before I begin, I want to thank the Committee for all their hard work in making the Bill better. Taking time out of the busy schedule to meet with me regarding this Bill.
- Phillip Chen
Legislator
I'm here to present AB 1048, a straightforward but important Bill, that addresses a growing challenge in California's workers compensation system. Unauthorized payment reductions for medical providers who treat injured workers.
- Phillip Chen
Legislator
Currently, many providers are seeing the reimbursements reduced not because they agreed to it, but because of third party entities or silent network arrangements that apply discounts without the provider's knowledge or consent. These reductions often fall well below the official fee schedule and in some cases even below Medicare rates.
- Phillip Chen
Legislator
Unfortunately, current law does not specify and allow providers to dispute these reductions through the independent Bill review process, or better known as IBR, a process that created a resolve billing disputes between medical providers and claims administrators. As a result, providers have little to no recourse when their payments are unfairly reduced. This issue has real consequences.
- Phillip Chen
Legislator
In San Diego, for example, an orthopedic surgeon performed a carpal tunnel syndrome procedure with an expected reimbursement rate of $672.50. Instead, they received just $548.54, an unexplained discount she never agreed to. She's now the only physician in her four Doctor practice still treating injured workers. That may not be sustainable for much longer.
- Phillip Chen
Legislator
AB 1048 addresses this problem by clarifying that payment disputes involving unauthorized or contract based discounts are eligible for review through the IBR. To be clear, AB 1048 does not require the IBR process to review every contract. It simply clarifies that disputed payment reductions can be reviewed through the existing IBR process.
- Phillip Chen
Legislator
The Bill also does not modify or nullify existing arbitration provisions, but rather supplement any existing arbitration provisions. AB 1048 is a reasonable target solution that strengthens existing processes and supports both providers and patients. Here to testify on our behalf we have Dr. Basil Besh and also to answer any technical questions Diane Prohaska, thank you.
- Lola Smallwood-Cuevas
Legislator
Thank you and witnesses, please use the mic. You each have two minutes.
- Ryan Spencer
Person
Ryan Spencer on behalf of the California Orthopedic Association, I'd just like to really briefly thank the author for authoring this Bill and the staff for work with us on this. As the Senate Member said, it's a very straightforward Bill. We have had a conversation with the Department of Industrial Relations, DWC and they've been very positive.
- Ryan Spencer
Person
Obviously they don't have a position on the Bill, but this is simply put, this just gives an option for providers to be able to get some relief when they have an issue with payments in the contract. But I'd like to turn most of my time to Dr. Basil Besh from our Association. Thank you.
- Basil Besh
Person
Good morning, Madam Chairperson. Thank you for allowing me to address the Committee. This is really a transparency Bill. If a physician signs a contract that authorizes a discount, then they ought to be able to see that contract. What we've seen in practice is draconian discounts. And then when you say, well, what's the justification for this.
- Basil Besh
Person
We're unable to get that contract. We have a group down in Los Angeles. When the California Orthopedic Association stepped in and said, show us the contracts. Turns out they were underpaid by half a million dollars. Imagine a small business being underpaid and then not being able to say, well, what's the justification for this.
- Basil Besh
Person
So this is purely a transparency Bill. IBR is independent Bill review is already a mechanism that exists for Bill adjudication or disputes in billing. And they absolutely have the technical expertise. The same company that does independent Bill review does independent medical review. So they'll review the medical necessity of very complex surgical procedures.
- Basil Besh
Person
So opposition claim that they don't have the infrastructure or the expertise to do this is really not accurate. They absolutely do. This is a simple process where we have a different group where they were getting discounted consistently. 15% asked the contract. 2 years, no contract produced. California Orthopedic Association stepped in.
- Basil Besh
Person
Turns out the contract only justified an 8% discount. Had this gone through IBR, it would have been resolved within about three weeks. IBR would ask for the contract that says 8%. Now it allows a negotiation between the physician and the and the payer.
- Basil Besh
Person
And I think really what this comes down to is access to care for injured workers. Right now we have an access to care issue. Because of all of this, you can't get work comp treatment at any of the major UC centers, Stanford, UCSF, UCLA, none of them except work comp.
- Basil Besh
Person
Because none of them would put up with this kind of opacity around payment. Thank you for your time.
- Lola Smallwood-Cuevas
Legislator
Thank you. Anyone else in support of the Bill, Me too's. Please step forward. State your name, affiliation, and position.
- Lola Smallwood-Cuevas
Legislator
Thank you. Okay, well, some more. Okay, one more support.
- Don Schinske
Person
Thank you, Madam Chair. Don Schinske on behalf of the Western Occupational Environmental Medical Association, in support.
- Lola Smallwood-Cuevas
Legislator
Thank you. Okay, we'll move to opposition. Opposition witnesses, please step forward. You have two minutes.
- Jason Schmelzer
Person
Thank you, Madam Chair. Jason Schmelzer here on behalf of the California Coalition on workers compensation in Prism. We are respectfully opposed to AB 1048 in its current form, but we do appreciate the multiple conversations that we've had with both the author and the sponsor over the past several months. With respect to the stated problem.
- Jason Schmelzer
Person
We just note that billing and payments in any large system of benefit delivery are very complex and somewhat burdensome for all parties involved. If you look at even state administered programs that are similar, there are very similar problems with networks, et cetera.
- Jason Schmelzer
Person
So we want to highlight a few issues as it pertains to workers Comp. One, Employers who are adjusting bills have a tough job. The state dictates reimbursement levels for specific medical services, but those aren't the amounts that are charged by medical providers.
- Jason Schmelzer
Person
We have to take those bills and then spend a fair amount of time and energy and cost adjusting them down to the appropriate amount. Per state law, employers also are required to pay bills quickly if they're electronically submitted. They're supposed to be paid in as few as 15 days.
- Jason Schmelzer
Person
That really puts us in a crunch to deal with this complex system of contracts and everything and get it right so errors are made. Much like every other system of medical delivery, there's also sometimes overlapping PPO contracts, but both providers and insurance companies and employers agree to those for a reason.
- Jason Schmelzer
Person
On the provider side, they do it to get volume of people coming in the door. So there are a reason that people sign up for these various contracts. Regarding the solution in AB 1048, we just want to flag our major concern right here is that we're not sure that IBR is the appropriate venue for a legal dispute.
- Jason Schmelzer
Person
What we're talking about here is interpreting for money the applicability of a contract, which we believe is the practice of law. IBR is not staffed by attorneys. We don't think that that's necessarily a good fit. We are, however, meeting with the author and sponsors on Friday.
- Jason Schmelzer
Person
We hope to reach consensus on some sort of solution that moves the ball in the right direction. But we are opposed to the Bill in its current form. Appreciate the time. Thank you.
- Faith Borges
Person
Thank you. Chair and Members, Faith Borges, on behalf of the California Association of Joint Powers Authorities, which represents over 100 JPAs that provide benefits to cities, counties, school districts, special districts, and not for profit JPAs.
- Faith Borges
Person
JPAs enter provider agreements to manage costs efficiently and AB 1048 effectively overrides these arrangements by routing contract disputes into IBR, a system as you've heard, not designed for nuanced contract interpretation. IBR reviewers are insurance and billing professionals, not contract law special specialists. Raising doubt about their ability to adjudicate complex contract disputes.
- Faith Borges
Person
This Bill burdens the DWC and IBR vendors with expanded duties which likely generates new administrative expenses and delays. This also translates into delayed reimbursements, likely adding legal review costs and increase appeals activity due to opaque decision making standards. Our request of this Committee and of the author is your opposition to AB 1048.
- Faith Borges
Person
Until there's a fiscal impact analysis that includes public entities, IBR's legal capacity and expertise to resolve contract based payment disputes is independently evaluated and proposed statutory updates explicitly preserve negotiated contracts and alternative dispute resolution mechanisms. Without such measures, AB 1048 undermines contractual systems that deliver predictability and preservation of scarce public dollars.
- Faith Borges
Person
We also look forward to the continuing efforts with this chair and appreciate his time. Thank you.
- Ashley Hoffman
Person
Ashley Hoffman from the Cal Chamber and look forward to continued discussions. Thank you.
- Laura Curtis
Person
Laura Curtis with the American Property Casualty Insurance Association. Respectful opposition and look forward to continued conversation. Thank you.
- Lola Smallwood-Cuevas
Legislator
Okay, so Assemblymember, we don't have Members, so we don't have a motion right now. It sounds like you're working with the opposition on this. And we will take the board Bill up once our Members return. You're welcome to close.
- Phillip Chen
Legislator
Thank you, Madam Chair. Really appreciate it. And I respectfully ask your aye vote when the time comes. Thank you.
- Lola Smallwood-Cuevas
Legislator
Thank you. All right, I see. Assemblymember Ortega, please come to the podium when you're ready. We're going to take up file item number five first. The Assemblymember with us all afternoon. She has a total of six bills with us today, so begin when you're ready. No, we're going to do 13:29, File item number five.
- Liz Ortega
Legislator
Good afternoon. Thank you, Madam Chair and Senators for the opportunity to present AB 1329 today. AB 1329 addresses the subsequent Injury Benefit Trust Fund, which is a very long name that does not adequately describe the program's importance.
- Liz Ortega
Legislator
The Fund was first created after World War II to help injured soldiers reenter the workforce, because someone who has a disabling injury is more prone to a subsequent injury. And employers are held responsible for injuries acquired on the job. Employers after World War II were less likely to hire injured veterans.
- Liz Ortega
Legislator
The Fund was created to spread the risk so patriotic employers didn't carry the burden of workers comp for any subsequent injuries. It has since been expanded to apply to all disabled workers. Currently, every employer in the state contributes less than 2 cents per one hundred dollars, in insurance premiums into the Fund.
- Liz Ortega
Legislator
The Fund then carries the risk and obligations of workers comp for any subsequent injuries to disabled workers. AB 1329 makes a series of thoughtful changes will reduce litigation costs, reduce medical legal costs and reduce the number of 100% disabled cases.
- Liz Ortega
Legislator
The cumulative impact will reduce employer assessments by 20 to 25%, while maintaining the lessons financial risk to employers who give previously disabled workers a second chance. Witnesses with me today, I have Jason Marcus representing the California Applicant Attorneys Association.
- Lola Smallwood-Cuevas
Legislator
Wonderful. And you may step forward. You have two minutes.
- Jason Marcus
Person
Thank you. Good morning, Madam Chair. Members of the Committee again, Jason Marcus with the California Applicants Attorneys Association, or CAH as we call ourselves. We're a group of about a thousand attorneys up and down the State of California that represent California's injured workers. Want to respectfully ask for your aye vote on AB 1329.
- Jason Marcus
Person
As the Assemblymember said, the Subsequent Injuries Benefits Trust Fund is a critical program that the state offers through its workers compensation system to provide disability benefits to those most catastrophically injured workers in California System. The statutes have been in place since 1945.
- Jason Marcus
Person
They haven't been amended since 1959 and we do think that some changes need to be made. Last year in 2024, the Department of Industrial Relations through Rand Corporation obtained a study that looked at the Subsequent Injuries Fund and identified some potential issues for changes, three of those which are contained in this Bill.
- Jason Marcus
Person
First, it will bring the use of qualified medical examiners in claims under the fundamentals in line with existing law in California's workers compensation system. Two, it will set and make clear the evidentiary standards that are needed for claimants to access benefits from the Fund.
- Jason Marcus
Person
And third, it will take the definition of permanent disability as used in the Subsequent Injuries Fund statute and make it consistent with existing law as was reformed in 2004 and 2012 in the last major workers comp reforms. We think those stops changes will, as the Member said, save roughly 20 to 25% in assessments for employers.
- Jason Marcus
Person
Finally, I want to point out that we have reached out to the Administration to ask for their input and their feedback and their proposals on this Bill. And we have yet to hear from them. Thank you.
- Lola Smallwood-Cuevas
Legislator
Thank you. Let's move then to. Is there another witness. Okay, we'll move to support Me Too's. Please step forward to the mic and state your name, position and affiliation. Any me too's in support okay. We will move to opposition. Is there anyone speaking in opposition to the Bill. You have two minutes.
- Jason Schmelzer
Person
Good morning, Madam Chair, Members. Jason Schmelzer here on behalf of the California Coalition on Workers Compensation and prism. SIBTF does have a long history in the State of California, and in the past it has served a very important purpose.
- Jason Schmelzer
Person
But the Fund has spun wildly out of control over the past decade, and we're opposed to the Bill and its current Fund form because we don't think it goes far enough to get that system under control. Not everything in the Bill, from our perspective, is bad.
- Jason Schmelzer
Person
I just want to be very clear about that, when I come up here. Total payments in the SIBTF grew from $13.6 million in 2010 to $232 million in 2022. There's two categories of main benefits. Benefit payments to injured workers.
- Jason Schmelzer
Person
Permanent disability grew from 11.6 million to 153 million, and then the administrative costs from 2 million to 79 million. These costs are played by every employer across the state. It's easy to say, you know, two cents per every $100 of payroll, but what we're really looking at is liability approaching $10 billion.
- Jason Schmelzer
Person
Those are funds that are paid by the State of California, local public, employers, private employers. Unfortunately, from our perspective, 1329 doesn't go nearly far enough to get this system under control. And we're opposed for that reason.
- Jason Schmelzer
Person
DIR Did Commission a study through Iran and, and AB 1329 frankly, doesn't scratch the surface in terms of what that report identified as problems and recommendations. There have been some indications, most recently in the governor's may revise, that more systematic, systematic reform is on the table, and we'd like to pursue that as an alternative. Thank you.
- Lola Smallwood-Cuevas
Legislator
Thank you. Another opposition witness. You have two minutes.
- Ashley Hoffman
Person
Good morning. Ashley Hoffman, on behalf of the California Chamber of Commerce, also opposed, unless amended. Again, really appreciate the intent of the Bill and the need to address the SIBTF, but I would just echo the comments of my colleague.
- Ashley Hoffman
Person
We believe there are several recommendations in the RAND report that was commissioned by DIR because of the effect that this Fund is having not only on the state and local budget, but also really on the department's resources. And we believe more of those forms do need to be enacted.
- Ashley Hoffman
Person
For example, some adjustments to the underlying conditions that would qualify. And then also addressing a recent case law change that changed how PD is calculated for purposes of what payouts of claims those look like. And the impact again on not only the Department, but also the state budget and private employer. So thank you.
- Lola Smallwood-Cuevas
Legislator
Okay. Any opposition me too's, please step forward and state your name and affiliation.
- Laura Curtis
Person
Good morning, Chair Members of the Committee, Laura Curtis on behalf of the American Property Casualty Insurance Association. And oppose unless amended position. Thank you.
- Lola Smallwood-Cuevas
Legislator
Okay, that looks like the end of opposition. Members comment, questions.
- Lola Smallwood-Cuevas
Legislator
Thank you. I think we have a motion from Senator Cortese.
- Lola Smallwood-Cuevas
Legislator
Why did I call you Durazo. Cortese, Please call the roll.
- Committee Secretary
Person
On file item five, AB 1329. The motion is do Pass to the Committee on Appropriations. Yes. Senator Smallwood-Cuevas, aye. Smallwood-Cuevas, aye. Strickland, no. Strickland, no. Cortese, aye. Cortese, aye. Durazo. Laird.
- Lola Smallwood-Cuevas
Legislator
Okay, we have a vote of 2 to 1. We'll hold that on call. We're going to take up a little bit of housekeeping here on a previous bill. Can we get a motion on file item I?
- Committee Secretary
Person
On file item 14, which was AB 1048 by Assembly Member Chen. The motion is to pass to the Committee on Appropriations. Again, this is on file item 14, which we just heard presentation on. [Roll Call]
- Lola Smallwood-Cuevas
Legislator
We have a vote of 4 to 0 on that bill. It's on call and we will, while. We have our numbers.
- Lola Smallwood-Cuevas
Legislator
Okay, we're going to lift call while we have a critical mass of Members here. So. One moment. Assembly Member on file, item number nine. Okay, let's start with the consent calendar. We have a current vote of 2 to 0. Please, Lieutenant, call the roll on the.
- Committee Secretary
Person
Consent calendar, which is file items 1, 8, 15 and 16. Current vote is 2 to 0. [Roll Call] Okay, on the consent calendar, we have a vote of 4-0.
- Committee Secretary
Person
On file, item nine. Our current vote is 2-0. The motion is do pass to the Committee on the Judiciary. [Roll Call]
- Lola Smallwood-Cuevas
Legislator
Okay, that's a vote of 3 to 1. Bill remains on call. File item number 10.
- Committee Secretary
Person
AB792 on file, item number 10. The current vote is 2 to 1. Chair is voting Aye. Vice Chair voting no. The motion is due passed to the Committee on Appropriations. [Roll Call]
- Lola Smallwood-Cuevas
Legislator
Okay, we have a vote of 3 to 1. That bill is still on call. We're going to File Item number 11. AB858 on file.
- Committee Secretary
Person
Item number 11. The current vote is 2 to 1. The motion is due passed the Committee on Appropriations. [Roll Call]
- Lola Smallwood-Cuevas
Legislator
Three to one. We're on call. Three to one. That bill remains on call. File item number 12. AB 889 on file, item 12.
- Committee Secretary
Person
The current vote is 2-0. The motion is do pass to the Committee on Appropriations. Chairs voting Aye. [Roll Call]
- Lola Smallwood-Cuevas
Legislator
Okay, we have a vote of 3-0. That bill is on call. File item number 13.
- Committee Secretary
Person
AB 963 on file, item number 13. The motion is due pass to the Committee on the Judiciary. [Roll Call]
- Lola Smallwood-Cuevas
Legislator
The bill remains on call. Okay, Assembly Member, thank you for your patience. We are going to move to File item number two, AB 339.
- Liz Ortega
Legislator
Thank you, Madam Chair and Senators, for the opportunity to present AB339 today. I would like to begin by thanking the Committee for their Work, and I will be accepting the amendments in the analysis. MMBA requires that local governments provide reasonable notice to local employee unions when they are contracting out bargaining unit work.
- Liz Ortega
Legislator
However, local governments inconsistently comply with the requirements to notify the union and negotiate the decisions or impacts to contract out work. AB339 would require local governments to notify unions of plans to contract out bargaining work, unit work 60 days before engaging in an RFP or RFQ process.
- Liz Ortega
Legislator
AB399 does not prohibit contracting out and AB339 will not prevent local governments from responding to emergencies like the LA fires because we have a very broad emergency exemption in the bill. Unlike the Federal Government, which has laid off tens of thousands of federal workers, AB339 is a step in ensuring that California has strong public sector workforce.
- Liz Ortega
Legislator
With me today testifying is witness Sandra Barrero with SEIU California and William Hugh, President of AFSCME Local 2428 from the East Bay Regional Parks District, which is in my district. 20.
- Sandra Barrero
Person
Thank you, Madam Chair and Members, Sandra Barrero, on behalf of SEIU California, we are the co sponsors of this bill. AB 339 reaffirms the fundamental right of unions to negotiate to protect jobs. To oppose this right is to be fundamentally opposed to unions.
- Sandra Barrero
Person
The Trump Administration has already laid off more than 170,000 public employees to replace them with private contracts. And yesterday the Supreme Court ruled that the Trump Administration could continue to do so. This bill includes broad exceptions, not just for emergencies, but for any exigent circumstance.
- Sandra Barrero
Person
It was intentionally drafted this way to give employers flexibility to avoid service disruptions. And the same applies to the meet and confer requirement. The existing interpretation of the meet and confer requirement in the MMBA is to only apply when reasonable. So only contracts that violate existing law could be impacted.
- Sandra Barrero
Person
In an extreme circumstance, like a contract to replace laid off employees, the union would have to file at perb and PERB would have to make that determination. But again, that is existing law.
- Sandra Barrero
Person
We already have RFP notification requirements in several contracts, including Los Angeles County, Santa Cruz, Santa Clara and San Francisco, which shows the concerns about this Bill aren't based on the policy. So with the broad exemptions in the Bill, it is no exaggeration to say that opposing our rights to protect jobs is to be opposed to unions.
- Sandra Barrero
Person
And while I hope this isn't the case for the nonprofit employers, and while SEIU represents some nonprofit employees, the vast majority of this industry is not unionized. I respectfully urge your Aye vote. Thank you.
- Lola Smallwood-Cuevas
Legislator
Thank you. Next witness. You have two minutes as well.
- William Hugh
Person
Thank you. Good morning, Chair Small Cuevas and Committee Members. My name is William Daniel Huff, President of AFSCME Local 2428, representing over 600 workers, the East Bay Regional Park District, and for my day job, I'm a firefighter.
- William Hugh
Person
We strongly support AB339 based on our union's direct experience of having a minimum staffing model workplace where vacancies can land for years while union work is contracted out, often with little to no advance warning. We frequently learn about our work being contracted out with only a few days notice or even after the fact.
- William Hugh
Person
For example, we learned that there were several Members in our several workers in our IT Department that were on a five year contract and were not represented by us. Ashpe 2428 also has fuels reduction crews, a trail crew and park rangers among many other staff. They have year round employment benefits, retirement and a career path.
- William Hugh
Person
Over the past two years more than $900,000 of their work has been contracted out to one nonprofit alone and more to for profit entities. We learned of this contract by seeing it on the agenda for a board of directors meeting.
- William Hugh
Person
This alters our Members scope of work while making them and other workers uncertain if their responsibilities are also at risk of being changed.
- William Hugh
Person
Part of the rationale for allocating that nearly 1 $1.0 million sum to to not hiring more staff but contracting was a sense of urgency due to deferred maintenance and a backlog of projects, both which are the legacy of a minimum staffing model.
- William Hugh
Person
AB339 would ensure that employers cannot strategically leave critical positions vacant, then use contracting out as a way to solve a crisis of their own creation.
- William Hugh
Person
We have experienced this with long term vacancies at our agency, leaving budgeted positions such as heavy equipment operators, mechanics and information technology professionals vacant for years and then hiring contracted workers to complete the work, citing not enough personnel and again a sense of urgency.
- William Hugh
Person
In the past year we have all witnessed what a misguided attempt at government efficiency can lead to. Efficiency is not hollowing out the public sector and then giving the taxpayer the lowest possible bidder.
- William Hugh
Person
Efficiency is along the lines of AB339 which encourages labor and management to work together to plan for the future and the best way to utilize the taxpayers money while maintaining their trust. It's simply good governance. Thank you, thank you.
- Lola Smallwood-Cuevas
Legislator
Any #MeToos in support of the bill please step forward. State your name and affiliation.
- Vince Seguru
Person
Vince Seguru, on behalf of the Western States Council of Sheet Metal Workers in strong support.
- Clementine Rook
Person
Clementine Rook, on behalf of the Sheet Metal workers Union Local 104 in support.
- Joseph Cruz
Person
Madam Chair, Members. Joe Cruz, on behalf of the California State Council of Laborers want to thank the authority and staff and the sponsors for working with us on some concerns that we had. We fully support our brothers and sisters. From AFSCME and SEIU on this one. Thank you.
- Navnit Puryear
Person
Navneet Puryear, on behalf of the California School Employees Association in support.
- Chris Walker
Person
Madam Chair, Members, Chris Walker, on behalf of the California Association of Sheet Metal Air Conditioning Contractors in support of the bill. Thank you.
- Mike West
Person
Madam Chair and Members. Mike West, on behalf of the State Building Trades and support. Thank you.
- Eric Larson
Person
Eric Larson. I'm a wastewater recycling plant operator. I work for East Bay Municipal Utility District. I'm also the President of AFSCME Local 444. We speak in support of the topic.
- Bryan Montes
Person
Good morning, Brian Mayor Montes, with AFSCME California proud co sponsor and support.
- Meadow Darcy
Person
Hello. Meadow Darcy. I'm the Chief Steward of AFSCME Local 2428 and I stand in support.
- Patricia Wayo
Person
I'm Patricia Wayo, with the San Mateo Housing Authority. I am the chief steward. Excuse me. And I'm in support. Thank you.
- Al Austin
Person
Good morning, Madam Chair and Committee. Al Austin, political Director with AFSCME Council 57 and strong supporter of this bill. Thank you.
- Lakeisha Young
Person
Good morning. My name is Lakeisha Young. I'm in support of this bill. I'm LVN of County of Los Angeles working at Twin Towers Correctional Facility. And I respectfully ask for your Aye votes. Thank you.
- Delora Harden
Person
Good morning. My name is Delora Harden. I'm a custodian supervisor with the Los Angeles County Department. I'm with 721 local and I strongly urge you to vote Aye on this deal.
- Janet Beckles
Person
Good morning. My name is Janet Beckles. I'm an LVN at Twin Towers Correctional Facility in Los Angeles. Also 721 local. I ask you to please vote Aye on this bill. Thank you.
- Sharonda Wade
Person
Good morning. My name is Sharonda Wade. I am a supervising children social worker with the Department of Children and Family Services. I also sit on the Executive board for SEIU 721, and we ask that you support this bill.
- Cynthia White
Person
Hello, everyone. My name is Cynthia White, and I work for the Department of Public Health, LA County, and I am a SEIU proud union Member. And I ask that you support this bill. AB339. Thank you.
- Samantha Lyle
Person
Hello. Good morning. Vertically challenged. Hi, my name is Samantha Lyle. I work for the Department of Children and Family Services, Los Angeles County. I'm an SEIU Member and I ask that you please support this bill.
- Alexander Kraft
Person
About the opposite problem. Hi, my name is Alexander Kraft. I work in behavioral health services for the County of San Diego. I'm also on the Executive board of SEIU 221. And we respectfully request an Aye vote on this item. Thank you.
- Tiffany Jones
Person
Good morning. My name is Stephanie Jones. I'm Local 1. I'm sorry, again, I'll start over. I'm Tiffany Jones. I'm Local 1. I am also the chief of my Local 1 at City of Berkeley. I am the workforce development coordinator. So I see all of this happening and I strongly urge that you vote on this bill. Aye.
- Benjamin Sennis
Person
Hello. My name is Benjamin Sennis. I'm a human services specialist at San Diego County and a proud SEIU Member. And I ask that you support AB339. Thank you.
- Teresa Velasco
Person
Good morning. My name is Teresa Velasco, and I am a community health worker. I work for the Department of Health Services with Los Angeles County. I sit on the board of SEIU as an Executive board Member.
- Teresa Velasco
Person
And we're here with our brothers and sisters of SEIU to say that we strongly ask that you vote aye on this bill. Thank you.
- Tristan Kent
Person
Good morning, everyone. My name is Tristan Kent. I am an electrical technician with the City of South San Francisco Public Works. I'm the Vice President of Local 829, which is in the San Mateo county region. I wanted to mention that my Members and their families strongly support this bill and are urging you to also.
- Tristan Kent
Person
I just want to mention that in this bill, transparency for these kind of items. Thank you.
- Kyla Valenti
Person
Thank you. Good morning. My name is Kyla Valenti. I'm the treasurer of AFSCME Local 829 and I'm an eligibility worker at the County of San Mateo. And I strongly urge your support on this bill. Thank you.
- Patricia Munoz
Person
Good morning. My name is Patricia Munoz. I'm a job sewer for local Tin Stanislaus County Health Service Agency. And we support. Support this bill. Strongly support.
- Marisa Solis
Person
Hi, my name is Marisa La Solis. I'm also from Local 10 Sans County Medical Assistant, and I support AB339.
- Jessica Probst
Person
Hello, my name is Jessica Probst. I'm an eligibility worker out of Madera County. I'm the current President of the Local 2703 in Madera and we're here in strong support of AB 339. Thank you.
- Unidentified Speaker
Person
Hi, my name is Mason. I'm an intern with AFSCME Council 57 and a student at UC Merced. And I urge you guys strongly to vote aye on this bill.
- Dana Jensen
Person
Good morning. My name is Dana Jensen. I work for Merced County Behavioral Health as a dual diagnosis specialist. I'm with AFSCME 2703 and I'm in support of this bill. Thank you.
- Gerald Phelps
Person
Hello, I'm Gerald Phelps, union rep for. AFSCME Local 2703. I'm here in support of the bill. Thank you.
- Jeremiah Miller
Person
Hello, my name is Jeremiah Miller. I'm a union rep, business agent with AFSCME Council 57. I represent over 2000 workers in the Sacramento area. We are in support of government transparency and thus we are in support of a Bill. 339. Thank you.
- Yvonne Fernandez
Person
Madam Chair Members. Yvonne Fernandez, California Labor Fed proud co sponsor. Thank you.
- Meagan Subers
Person
Madam Chair, Members. Megan Subers on behalf of the California Professional Firefighters in support.
- Dave Cortese
Legislator
Madam Chair, Members. Louie Costa, with Smart Transportation Division in support.
- Unidentified Speaker
Person
CHP Hannah on behalf of the California Nurses Association in strong.
- Pat Moran
Person
Chair And Members. Pat Moran, representing the Orange County Employees Association and support. Thank you.
- Lola Smallwood-Cuevas
Legislator
Okay, that looks like the end of support. Let's move to opposition. Is there opposition witnesses? You each have two minutes.
- Jean Hurst
Person
Good morning, Madam Chair Members. I'm Jean Hurst, here today on behalf of The Urban Counties of California in respectful opposition to AB339. Unfortunately, this measure will undermine our county's ability to provide much needed and much wanted services to our communities at a time when resources from the state and Federal Governments are declining.
- Jean Hurst
Person
First, we want to acknowledge that there is a workforce crisis in the public sector. Our counties are experiencing it firsthand and we are eager to work collaboratively with our labor partners on creative strategies to attract and retain professionals to meet our service obligations.
- Jean Hurst
Person
We do not agree, however, that delaying or otherwise deterring contracting with private, qualified private and nonprofit nonprofit sector partners is a helpful means to that end. Instead, AB 339 ties local agencies hands by refocusing efforts on meeting notification deadlines and participating in meet and confer discussions that are unlikely to be resolved in any timely way.
- Jean Hurst
Person
It's important to note that an administrative remedy is already available to recognize employee organizations when they believe a local agency is neglected to meet existing notifications and meet and confer requirements regarding contracting.
- Jean Hurst
Person
Failure to adhere to existing requirements under the MMBA and and related case law subjects a local agency to a potential unfair labor practice charge at the Public Employment Relations Board. Collective bargaining agreements in many instances already contemplate provisions around contracting out.
- Jean Hurst
Person
And again, when a component of a CBA is breached by the employer, the employee organization has the right to file a complaint with perb. There's no evidence that PERB is not vindicating the interests of recognized employee organizations. Quite the contrary.
- Jean Hurst
Person
We dispute that local agencies are inappropriately withholding public records from employee organizations and further disagree that local agencies are failing to comply with existing notification requirements. If either were true, there are already existing remedies for sponsors to address these issues. And for these reasons, UCC opposes AB339 and respectfully requests your no vote.
- Jean Hurst
Person
I've also been asked to express the opposition of The Los Angeles County Board of Supervisors, as well as the Santa Clara County Board of Supervisors. Thank you.
- Wilfredo Cruz
Person
Good morning, Madam Chair and Committee Members. My name is Wilfredo Cruz, Jr. I'm the Executive Director of Community Resource Project, a nonprofit that provides fundamental services to families and individuals in Sacramento, San Joaquin, Sutter and Yuba counties through programs in energy efficiency, health, education and career development.
- Wilfredo Cruz
Person
We're also a Member of Cal Nonprofits, a statewide policy alliance of more than 10,000 organizations. And on behalf of Community Resource Project, and along with Cal Nonprofits, I must register a strong opposition to AB339. This Bill would negatively impact our ability to secure contracts and provide essential services to our communities.
- Wilfredo Cruz
Person
By subjecting nearly every contract to new notice and meeting conferred requirements, this bill will create unnecessary administrative barriers leading to delays in critical services. These delays will create a lack of access for the most in need and are counterproductive, slowing down partnerships that local agencies have already identified as necessary.
- Wilfredo Cruz
Person
We have experienced several of our government contracts being frozen just this year. Further delays pose a significant risk to the future of funding essential programs to provide life saving assistance to our underserved communities.
- Wilfredo Cruz
Person
The timely and stressful relationship we have with our local agency has allowed US to, in 2024, help more than 2,500 families avoid power shutoffs and provide more than 20 or sorry 221,000 mothers, babies and children with nutrition and food services. AB339 creates redundant noticing requirements that threaten this work without providing a clear public benefit.
- Wilfredo Cruz
Person
Nonprofits like ours have strong partnerships with local agencies because we are trusted, experienced and have deep local expertise. With the current federal funding challenges, local governments and nonprofits should have the flexibility to meet community needs, not have more barriers placed in their way.
- Wilfredo Cruz
Person
Local agencies depend on nonprofits to promptly serve vulnerable Californians and fill gaps that the public sector is not always equipped to deliver. AB339 raises serious concerns for California's nonprofits, and I urge you to oppose it. Thank you.
- Lola Smallwood-Cuevas
Legislator
Thank you. Okay, now we have opposition. #MeToos. Please step forward and state your name and affiliation.
- Dixie Tammaniego
Person
Dixie Tammaniego, on behalf of the California Alliance of Child and Family Services in opposition. Thank you.
- John Moffatt
Person
John Moffatt, on behalf of the American Council of Engineering Companies of California, in opposition.
- John McHale
Person
John Mchale, on behalf of Lake County, respectfully opposed. Thank you.
- Jennifer Fearing
Person
Good morning. Chair Members. Jennifer Fearing, on behalf of the California Association of Nonprofits and San Diego Humane Society, in respectful opposition.
- Richard Markson
Person
Good morning, Senators. Richard Markson, on behalf of the American Society of Civil Engineers and the California Chapters of The American Public Works Association in opposition.
- Ashley Hoffman
Person
Good morning. Ashley Hoffman on behalf of the California Chamber of Commerce in opposition.
- Julee Malinowski-Ball
Person
Yeah. Julie Melanowski Ball on behalf of the Contra Costa Water District in opposition.
- Eric Lahr
Person
Good morning. Eric Lahr, on behalf of the California State Association of Counties in opposition. Thank you.
- Matthew Easley
Person
Matt Easley, on behalf of Associated General Contractors of California in opposition. Thank you.
- Dylan Elliott
Person
Good morning. Dylan Elliott, on behalf of the counties of Mendocino, Kern, Fresno, Merced, Placer and San Joaquin, all in respectful opposition. Thank you.
- Jason Schmelzer
Person
Thank you. Jason Schmelzer, here on behalf of PRISM and Salsa in respectful opposition. Thank you.
- Alan Abbs
Person
Alan Abs, with the Bay Area Air Quality Management District in opposition.
- Lily McKay
Person
Hi. Lily McKay, on behalf of Elsinore Valley Municipal Water District in opposition. Thank you.
- Cassandra Mar
Person
Cassandra Mar, on behalf of the town of Apple Valley in respectful opposition. Thank you.
- Johnnie Pina
Person
Good morning. Johnny Pina, with the League of California Cities in respectful opposition. Thank you.
- Clifton Wilson
Person
Clifton Wilson on behalf of the Board of Supervisors for the counties of Siskiyou, Nevada, Sutter and Butte, as well as on behalf of the South San Joaquin Irrigation District and the California Animal Welfare Association. All in respectful opposition. Thank you.
- Farrah Ting
Person
Farrah Mc Daid Ting, on behalf of the County Health Executives Association of California in respectful opposition.
- Aaron Avery
Person
Good morning, Madam Chair. Aaron Avery with the California Special Districts Association. Respectfully opposed. Also, on behalf of my colleagues at the Rural County Representatives of California and the Association of California Healthcare Districts, thank you.
- Ethan Nagler
Person
Ethan Nagler on behalf of the California Association of Recreation and Park Districts and the cities of Bakersfield, Beaumont, Belmont, Foster City, Redwood City and Vernon, all in respectful opposition. Thank you.
- Brendan Orpickey
Person
Good morning. Brendan Orpickey with the California Transit Association in opposition.
- Doug Huston
Person
Good morning, Chair and Members. Doug Huston, representing the California park and Recreation Society. Respectfully opposed.
- Amber Rossow
Person
Good morning. Amber Rossow, on behalf of the Association of California Water Agencies in respectful opposition. Thank you.
- Nicole Vordleman
Person
Nicole Vordleman, on behalf of the Orange County Board of Supervisors and San Bernardino County in opposition.
- Molly Mallow
Person
Good morning. Molly Mallow, on behalf of the California Staffing Professionals and American Staffing Association in opposition. Thank you.
- Lola Smallwood-Cuevas
Legislator
Okay, seeing the end of our #MeToos for opposition, we'll come to the D. Senator Cortese.
- Dave Cortese
Legislator
Thank you. First of all, you know, thank you to the author for the. The work on this and I know a lot of work just in the last couple of days to. To clarify some things. We heard that I think, at least on the support side with some of the witnesses like Mr. Cruz.
- Dave Cortese
Legislator
So I'm happy to see those concerns taken care of. I wanted to clarify something, especially since there's you know, some significant opposition coming from my own district, especially on the nonprofit side. Haven't heard that much from the business community or the organizations, the government organizations like CSAC, League of Cities.
- Dave Cortese
Legislator
But I think the concerns that they may have today are similar to ones that I had during my first term on the San Jose City Council when I had joined that council coming off of a pretty significant active business background, a labor friendly business background, but a business background nevertheless.
- Dave Cortese
Legislator
And I was really, really interested in a competitive environment in terms of making sure that, you know, the city was taking advantage of opportunities, you know, to, to get the most they could, we could, from taxpayer dollars, but not at the expense of contracting out, unless that was just absolutely necessary for some reason.
- Dave Cortese
Legislator
Sometimes we found that in cases like it, work and things that the city just didn't have capacity for. And what was introduced at that time, and this is obviously over 20 years ago, so don't want to make it sound like this bill is old, old news by any means, but it hasn't occurred at the state level. Right.
- Dave Cortese
Legislator
But at that level, the third largest city in the state, what was brought forward was a policy like this, which was called a managed competition policy. And that word competition comes up again. Competition has typically been embraced, you know, by the business community, by administrators on the public sector side as a good thing.
- Dave Cortese
Legislator
And the notice, the way this bill operates, the way I see in the real world is that, you know, the bargaining units get an opportunity on these, especially in these, you know, I think probably is going to occur in the big counties and in the 15 big cities, 15 or so big cities, more than anywhere because of the packed agendas, really get an opportunity and some notice ahead of time to see where their employer is thinking about contracting something out for efficiency reasons.
- Dave Cortese
Legislator
And again, I thought, initially I resisted that as an elected official all those years ago because I thought what was going on was some kind of gamesmanship by the bargaining units to try to head off and just flat out stop the contracting out.
- Dave Cortese
Legislator
But if you really look at that in this bill, if you were to look at that policy, it's not what it did in any way, shape or form. What it did was it allowed the employees to come forward and they can't do that overnight.
- Dave Cortese
Legislator
There has to be a little bit of lead time and say, look, we're looking at this contract and there's some efficiencies we could recommend as well. And let's get into a more of a competitive discussion here to see, you know, what our own workforce could do.
- Dave Cortese
Legislator
And where there might be some, some costs that you're not paying attention to. This will sound anecdotal and I'll wrap up Madam Chair in a moment, but one example that I still etched in my mind that was brought forward was the striping of the municipal roads.
- Dave Cortese
Legislator
And at first it just sounded like a good thing to contract out. Why should we be doing that kind of specialized work with the municipal force? The city was getting bigger and bigger and bigger. It was getting harder to keep up, perhaps made a lot of sense, right?
- Dave Cortese
Legislator
But the employees came forward and said, you know, you've been using ex persons on these crews. We don't need those. With the equipment that we have available now, we can retain those employees and allocate them somewhere else. And here's ways for us to speed up the efficiency.
- Dave Cortese
Legislator
And oh, by the way, what you're not getting under the contract we provide because we're in house. And there were several examples of that. But it wasn't just public comment.
- Dave Cortese
Legislator
They were required then to come forward, which I think was justified, and really lay out a side by side and show, you know, and have the public hearing, have the public comment to see, you know, who should really win out in this kind of situation. I'll tell you later.
- Dave Cortese
Legislator
We had employees at the City Rules Committee coming forward, you know, with examples of proactive efforts. And this is why I think we don't see, by the way, the policy being enacted being utilized that much in the City of San Jose anymore.
- Dave Cortese
Legislator
Because employees got more and more used to proactively coming forward and saying, here's how we can eliminate some costs, here's how we can contain some costs.
- Dave Cortese
Legislator
We saw that in massive ways with the city with its park system, with employees coming forward and saying, you know, every time we try to contact out some of this work, the trips back and forth for piping, broken sprinkler heads, whatever, each one of those is an individual charge. If it happens after 5pm it's an extra charge.
- Dave Cortese
Legislator
Under the, under the outsource contract, we can have any employee in the city, any employee handle that and have access to our equipment yards, not just, you know, the landscape crew. So this was just innovative, kind of innovative thinking, but common sense. I think that's all good. I think that's good for everybody involved.
- Dave Cortese
Legislator
I think if that kind of conversation or dialogue comes forward, you know 304060 days before a contract is let out, it's going to result in a good outcome more often than not.
- Dave Cortese
Legislator
And it really, I think if it's still a Word incentivizes the workforce not to be complacent, but to look at opportunities where, you know, they can sort of offer some of these kinds of options without feeling like it's a meet and confer or it's a concession of some kind against their collective bargaining agreement.
- Dave Cortese
Legislator
They're invited into this process. So I get it why folks are worried, because I was worried all those years ago, but none of my worries, you know, came home to roost.
- Dave Cortese
Legislator
I mean, it was really a success story and frankly, just minimize a lot of the tension around the whole contracting out process in one of the biggest cities in California for all these years.
- Dave Cortese
Legislator
So thank you for your leadership and, you know, trying to cut through some of the concerns on this bill and working hard to do it. And I'm happy to support the bill when the time comes or make a motion.
- John Laird
Legislator
And the author. I appreciate the author for working on this. And there was a similar bill last year. And I want to reiterate some of the concerns I had because I think I listened closely to the testimony for this bill and when people listed their positions, such as the trades.
- John Laird
Legislator
And I know there's, there have been some amendments that addressed some of the salary issues and issues with trades, but nurses, custodians, eligibility, workers, those are clearly defined. If somebody is going to contract that out, they're clearly contracting out work that is government related work.
- John Laird
Legislator
And I know in the there's a problem, somebody from California nurses testified there's a big problem in hospitals and other places with traveling nurses coming in and getting paid more in an hourly rate than the nurses that are the full time employees do. So that is so clearly what this bill should be aimed at.
- John Laird
Legislator
The problem I have, as somebody that ran a nonprofit 30 years ago at the height of the HIV epidemic, is that we did things that county workers couldn't do. When there was needle exchange and it was illegal.
- John Laird
Legislator
We did street level stuff that just was this side of the law to be able to get people to do that that public employees couldn't do. They couldn't do it, and yet they're under this bill. There's probably a job classification about, about drug outreach that matches the classification of somebody that's doing that work.
- John Laird
Legislator
And when we were doing education on sexual transmission, believe me, there were things we were saying and doing that no government agency would permit being done because our job was to keep that transmission from happening.
- John Laird
Legislator
I think the same thing is happening now, not just in those areas, but in services for the unsheltered street level workers that are out there are doing things that are just very difficult for government to do.
- John Laird
Legislator
And so because there might be a common classification that exists, implies that the work is the same or that you can do the same things if you're doing the street level outreach. And I know there was some initial testimony that was very binary about you're either anti union or pro union.
- John Laird
Legislator
It's if you deal with this well, the reality of unintended consequences and other things doesn't recognize such a sharp binary choice in this.
- John Laird
Legislator
And that is my difficulty is I would like to make sure that when we are doing those kind of street level organizing and street level problems in a way that my experience has been government is not been able to rise to that level, that we're not inhibiting that or we're not holding that back.
- John Laird
Legislator
And I get that that the pushback will be, oh, it's just 60 days, it's just do this. But it is a roadblock to essential services that in some cases are life and death. So I don't know how to address this. Is there a way in your bill that you can account for this somehow?
- Liz Ortega
Legislator
I mean, I think we've made. And thank you for both your comments. You know, the reason for this bill is. Was laid out more eloquently. You just did that better than I could.
- Liz Ortega
Legislator
You know, we have nurses, we have firefighters, we have jobs that are clearly meant to be jobs that are in the bargaining unit that are being outsourced. And then we have those jobs in instances, as you mentioned, where we don't have the workforce and our nonprofit organizations are providing those essential services.
- Liz Ortega
Legislator
The problem and the reason that I have this bill with you today is because we don't have the time to assess. We are not giving notice. We are finding out about things after the fact.
- Liz Ortega
Legislator
So in order for us to be able to sit down and have those conversations to assess, okay, is this something that can continue to be done by the in house or is it something that clearly is we don't have the ability to do and need to contract out. Which is why I completely, you know, I made amendments.
- Liz Ortega
Legislator
This bill really is just about notification. Just give us that time, as Senator Cortese mentioned, to address whether the need is there or not and then how to move forward collectively. That's what this bill does. It just gives us that ability to have those conversations.
- Liz Ortega
Legislator
My intent has never been to stop outsource, to stop contracting out to nonprofits that are doing the job that we need them to do because we don't have the ability.
- Liz Ortega
Legislator
My intent is for us to have the ability to look at those contracts, to have a transparent process and then to work together for an outcome that all of California deserves. Because at the end of the day, these are our tax dollars that are being used to do the work.
- John Laird
Legislator
I think you see, I have this experience in Jurassic times, which is 45 or 50 years ago. I was the county administrative analyst that dealt with nonprofits and we had a flip to a more progressive Board of Supervisors and they took federal revenue sharing money and just put almost all of it to human services.
- John Laird
Legislator
And because there wasn't a pre existing contract, they couldn't deliver the services until we negotiated a contract. And it took us two months in some cases and all hell broke loose because we were standing in the way of people getting toddler care or seniors getting meals or other things.
- John Laird
Legislator
And so the time to do this is not the luxury. And maybe Senator Cortese had a thing that people would get so adjusted to this that in March they would start to do it.
- John Laird
Legislator
So if you did a budget allocation at the end of June, you were not having a two month waiting period to be able to deliver the necessary services because people would get. But I still think that's an issue that isn't totally addressed here. And I'm not. If I had a solution I would be so suggesting it.
- John Laird
Legislator
But I can be very articulate about the problem. Then the other thing I was going to ask you about is just to respond to the Association of Nonprofits comment that's in the analysis and it says that this Bill would require nearly every contract proposed by local agencies to be subject to notice and possible meet and confer requirements.
- John Laird
Legislator
It's impractical and excellent execution and unworkable for ensuring provision of public services because of the volume that would have to be done in terms of the notice. And in, you know, doing that beforehand, how would you respond to their comment in the analysis?
- Sandra Barrero
Person
Thank you, Senator Laird. So that comment is actually false because the bill's notification requirement only applies to to existing work performed by the bargaining unit. And let's say a union were to dispute something, right? Like zero, you should have given us the 60 day notice.
- Sandra Barrero
Person
Well then if the onus is on the union to file a charge up perb and then the union has to prove that it is existing and current bargaining unit work. So ultimately there's a process for resolving those kinds of disputes. But there's also the exception for exigent circumstances. So those would Be situations where Eller fires. Yes.
- Sandra Barrero
Person
Well, that's emergencies. Exigent circumstances are beyond that. Right. That's anything that could disrupt delivery of services. So it's intentionally broad to capture those instances.
- John Laird
Legislator
And is it okay if I ask whoever was here for the nonprofits to respond to that?
- John Laird
Legislator
I can't remember who was testifying on their behalf. Who start pointing at some.
- John Laird
Legislator
They're apparently not here. Well, okay. Okay. They're consulting. I. I'm not sure.
- Lola Smallwood-Cuevas
Legislator
We don't have too much time to consult. No, I get that.
- Jennifer Fearing
Person
Apologies, Jennifer Fearing, again, on behalf of Count on Profits. Thank you, Senator, for the question, for the opportunity to respond. I think this is our understanding that the existing process creates. So our comment about it applying to all. It relates to what Senator Laird is describing in terms of the vagueness about how we will determine what positions.
- Jennifer Fearing
Person
We have said repeatedly through numerous bills aimed at this issue that we strongly object to contracting out of existing public employee work. We don't want to see an exit of traditional roles done by government to the nonprofit sector.
- Jennifer Fearing
Person
We are well aware that that often is an effort to find ways to pay us even less to do similar work. We don't think that's a benefit to anyone in the ecosystem here for getting services done.
- Jennifer Fearing
Person
Our concern is that the vagueness here and the time here will result in a lot of drawn out questions around what roles we're talking about. We've asked for years for clarity around roles, whether it's firefighters, nurses, others. So clarity of those.
- Jennifer Fearing
Person
We clearly do not have an interest in standing in the way of making that harder for local governments to contract out and avoid union employees retaining that work.
- Jennifer Fearing
Person
We're concerned about the roles that Senator Laird is talking about where there's less clarity and it's ambiguous about job descriptions that overlap, for example, with work that nonprofits do and work that government employees do.
- Jennifer Fearing
Person
And we're concerned, again, ultimately, that the losers here will be community Members and vulnerable, vulnerable services that we feel are the trusted folks best to provide. Thank you. Does that satisfy your.
- John Laird
Legislator
That does. And, and you can just address that in the close. And. And for me just to close. I appreciate all the exchange and I think there's still some work to be done.
- John Laird
Legislator
I am willing to vote to move this bill along, but with the understanding that I Reserve the right to look at a future stop if some of these issues aren't addressed. But I think they are important to tie down to make this workable. Thank you, Madam Chair.
- Lola Smallwood-Cuevas
Legislator
Thank you. Thank you, Senator Laird. And I really appreciate the discussion that we're having here. I think it's rich because this is an issue where we know we do not want to see any government balance the budget that they are facing on the backs of public sector workers. We don't want to see our public sector jobs privatized.
- Lola Smallwood-Cuevas
Legislator
We know that is a tool of driving down wages, which hurts all workers everywhere, including those in the nonprofit. And I think there was something mentioned about nonprofit workers needing to be unionized. I echo, I think, how do we raise standards for all workers? This, in fact, is the Labor Committee. So.
- Lola Smallwood-Cuevas
Legislator
I think one of the things that we are raising in this Bill, this issue has come up the past couple of years, and we know that there are, you know, worker centers, for example, who do incredible work to reach workers, you know, off shift, which could be a night shift, right at midnight to do wage, wage and hour work.
- Lola Smallwood-Cuevas
Legislator
There are workers who go into some communities where families are afraid to come to government offices to make sure that those workers know what their rights are.
- Lola Smallwood-Cuevas
Legislator
And so, you know, and I know that the sponsors of this Bill understand that and have advocated for those nonprofits to receive grants in support of that work because it helps all community Members.
- Lola Smallwood-Cuevas
Legislator
I think, you know, the Jurassic age, maybe I'm not from the Jurassic age, but I will say, you know, maybe things are somewhat different, different now in terms of, you know, understanding what are those unique services that must be provided in a community and who is equipped to do that?
- Lola Smallwood-Cuevas
Legislator
I think, you know, we have a bill here that is about notification. We also, you know, know that this right to conference and confer has been law for a long time. And clearly organizations are getting grants and they are providing that unique service that our communities need.
- Lola Smallwood-Cuevas
Legislator
And, you know, for that reason, I'm going to be supporting and encouraging this body to support the Bill today. I also want to say, you know, I just don't like to hear efficiency and privatization in the same breath. I agree with Senator Courtesy that efficiency is often understood by those who do the work.
- Lola Smallwood-Cuevas
Legislator
They know best where those efficiencies lie. And I think it's. It is important that we include workers in trying to figure out ways to get the work done. And let's figure out how we can hire more workers, because at the end of the day efficiency can only come when you have adequate staffing.
- Lola Smallwood-Cuevas
Legislator
So, you know, I understand the concerns of the nonprofits. I understand the efforts being taken by the author in this case. I'm glad the conversations will continue as we get through this and move this on to the next step.
- Lola Smallwood-Cuevas
Legislator
And I appreciate though the conversation and the expertise of this Committee in really trying to understand better how we make this Bill strong and we lift up both our public sector workers and our nonprofit sector. So would you like to close Assembly Member? And then we'll call the vote.
- Liz Ortega
Legislator
You have my commitment to continue working on this bill to uplift both the public sector workers and nonprofit workers as we continue to use our state dollars to provide services to the State of California. And with that, I respectfully ask for your Aye vote.
- Committee Secretary
Person
Please call the roll on file item number two. The motion is do pass as amended to the Committee on appropriations. [Roll Call]
- Lola Smallwood-Cuevas
Legislator
We have a vote of 3 to 1. The bill is on call. We'll take it up on the Members return. Okay, we're going to lift call on one bill before we move to the next one. Assembly Member, we're going to move with calls on file item number five.
- Lola Smallwood-Cuevas
Legislator
Okay, we're going to move it on file item number five. That's AB 1329.
- Committee Secretary
Person
On file item number five. AB 1329. The current vote is two to one with the Chair voting aye. The Vice Chair voting no. The motion is do passed to the Committee on Appropriations. [Roll Call]
- Lola Smallwood-Cuevas
Legislator
We have a vote of 3 to 1. That bill is out. Oh no, it's not out. It's on call. On call. Three to one. That bill is on call.
- Lola Smallwood-Cuevas
Legislator
Okay, we're going to move to file item number three. That's AB 485, Assemblymember Ortega. Water. Yes, you have a few more bills, so relax, take a load off.
- Liz Ortega
Legislator
I am pleased to present AB 485, which will help workers collect on their wage theft judgments. Even when workers prevail in their wage theft claims, they are often unsuccessful in recovering the stolen money. This bill simply says that if you are an employer who steals from workers, the state will not continue to license your business.
- Liz Ortega
Legislator
I want to be clear that the goal of this bill is not to close businesses, but to encourage compliance with labor and wage laws and to make sure that employees can recover stolen wages when employers do not comply. The law already prohibits employers with unsatisfied wage theft judgments from operating in the state.
- Liz Ortega
Legislator
This bill simply provides an effective enforcement mechanism. Recent amendments to this bill are in response to some concerns from some colleagues about the hospitals in their districts.
- Liz Ortega
Legislator
Even though all the employers has to do to avoid enforcement is to satisfy their wage judgments, I have agreed to amend the bill to provide an exemption for hospital employees upon a determination that a license denial would adversely impact health or safety or violate constitutional law.
- Liz Ortega
Legislator
Today I'm joined by Daniela Urban of the Center for Worker's Rights, who will be reading a statement on behalf of Ruth Silver, topic coordinator of the Santa Clara County Wage Theft Coalition.
- Danielle Urban
Person
Thank you, Madam Chair. My name is Daniela Urban, the director of the Center for Worker's Rights. But today I'm here speaking on behalf of AB 485 sponsor, the Santa Clara County Wage Theft Coalition.
- Danielle Urban
Person
The Wage Theft Coalition has been devastating by the impact of the epidemic of unpaid wage theft judgments on low wage workers that we serve, some of whom have become homeless and rely on food banks and public benefits. At times, the coalition has heard from four to five clients in a single week with unpaid wage theft judgments.
- Danielle Urban
Person
Winning a judgment is often a hallow victory because there are few enforcement mechanisms. The Wage Theft Coalition recognizes that governments play a critical role in combating wage theft and advocated for local governments to ensure that wage judgments are paid.
- Danielle Urban
Person
As a result, in 2019, the Santa Clara County Office of Labor Standards Enforcement began a program through which the county suspends retail food health permits for employers with unpaid wage theft judgments.
- Danielle Urban
Person
This program has been so successful at returning stolen wages to workers in the county that it has had to suspend only one employer's health permit and only for one week.
- Danielle Urban
Person
Local cities in Santa Clara County have also enacted ordinances that prohibit licenses, contracts, permits and even building certificates of occupancy to be issued unless wage theft judgments are satisfied. But certain licenses and permits are only issued by the state.
- Danielle Urban
Person
By empowering state agencies to deny or renew licenses and permits, AB 485 will offer a powerful incentive for employers to satisfy wage theft judgments and prevent future wage theft.
- Lola Smallwood-Cuevas
Legislator
Thank you. Are there any other witnesses here in support? Please state your name and affiliation.
- Elmer Lizardi
Person
Thank you. Elmer Lizardi, here on behalf of the California Federation of Labor Unions in support.
- Navnit Puryear
Person
Navneet Puryear, here on behalf of the California School Employees Association. Also in support.
- Lola Smallwood-Cuevas
Legislator
Thank you. We'll move to opposition. Is there opposition witnesses? Okay, you each have two minutes.
- Amber King
Person
Thank you. Thank you, Madam Chair. Members, Amber King with Leading Age California, representing nonprofit providers of care services and housing for older adults. That includes skilled nursing facilities, assisted living facilities, continuing care retirement communities, and senior affordable housing organizations all throughout the state.
- Amber King
Person
Unfortunately, with the most recent amendments, we have now an opposed position on AB 485. We are concerned with some of the unintended consequences. Our Members throughout the state take their role as an employer very seriously and do not condone wage theft. But we are concerned with the change in the current law.
- Amber King
Person
Currently, state agencies are allowed to deny the renewal of a long term care provider's license. This bill requires the denial. We are concerned that if a community is required to close because of this change, that those older adults and their families will be severely distressed and will face transfer trauma in that process. And we hope to work with the author to try to remove our concerns. Thank you.
- Danielle Parsons
Person
Thank you, Madam Chair and members. Danielle Parsons with the California Assisted Living Association, echoing Amber's concerns for Leading Age. Additionally, we fear that long term care because we do have a different level of oversight from the Department of Social Services in a more constant manner.
- Danielle Parsons
Person
We fear that if we change that now, many other licensed entities in California have a different kind of oversight. But so the last thing we want to do is limit the capacity. As Amber mentioned, since we have aging adults in California and a population that's growing rapidly.
- Danielle Parsons
Person
We also encourage all of our members to follow all labor laws. But as the bill is drafted right now, we're hoping to find a workable solution with the author so that we don't impact capacity of long term care in California. Thank you.
- Lola Smallwood-Cuevas
Legislator
Thank you. Any opposition me toos in the audience. Seeing none Members. Senator Cortese.
- Dave Cortese
Legislator
Yeah. I'd be remiss if I didn't acknowledge and appreciate the letter that was read into the record, onto the record, by the support witness. And I was there on the Board of Supervisors when that program kicked in. I'm glad to hear that it's still working so well.
- Dave Cortese
Legislator
I would not want to be opposition trying to argue against this bill because this bill is not about potential wage theft or some current wage theft activity. It's. It's when there's been wage theft and there's already a judgment on the record.
- Dave Cortese
Legislator
And that operator is basically saying, I want my permit to keep operating the way I've been operating, even though it's adjudicated by the State of California that I not only don't pay my employees what they're supposed to be paid, but I don't pay them even after the judgment has been rendered.
- Dave Cortese
Legislator
That's a, that's a tough argument to make. And this, I think this is another one of those bills that becomes a deterrent. I think that's what you heard in Santa Clara County. People aren't going to get caught on the last day of their permit, you know, having to shut down. The law is. The law will be in place. We hope. I hope, I hope. And all of a sudden the rules do change. It's.
- Dave Cortese
Legislator
If you're anticipating the renewal of your permit next year, you better go figure out how to get a line of credit or get the money from somebody or get it out of your savings account, go pay that employee, because you're gonna have a big problem if you don't. That's the way I see it. And I'm happy to move the bill at the appropriate time.
- Lola Smallwood-Cuevas
Legislator
Thank you for that, and I agree. It also is about leveling the playing field for those facilities that do pay their wage, their workers what they deserve and are in accordance with the state law around wages.
- Lola Smallwood-Cuevas
Legislator
We've seen many industries where they're operating on the margins and the margin shouldn't be that your workers do the work and you don't get paid. So I agree. And for that reason, I will be supporting the bill today. And I see Senator Strickland, you have a question?
- Tony Strickland
Legislator
Yeah, I just want to follow up my colleague's statement. I want to bring up the opposition, if you don't mind health facilities or whoever wants to come forward.
- Tony Strickland
Legislator
My understanding of reading I could be different from my colleague is one of the arguments you have is the lack of the due process that says you could be on appeal here and then not get your permit. Is that part of the argument that I thought I heard?
- Danielle Parsons
Person
So my understanding is that if you're on an appeal, then you have the bond up, which is still allowed in the bill. But because right now in current law DSS is able to be told about it and then they may decide. But under this bill they would be required to remove that permit.
- Danielle Parsons
Person
But for a lot of for assisted living, the way that our permits work, it's not as typical of a renewal process as say a DCA permit. And so because DSS is constantly reviewing our residential care facilities for the elderly, the renewal process is a little bit different.
- Danielle Parsons
Person
So we're just hoping to be able to work with the author to give that authority back to DSS in case there's some kind of situation. We also have a lot of employers that have multiple sites across the state.
- Danielle Parsons
Person
So if one employer has a judgment that something happens, they could be required to, they could lose their license for all of their maybe like 40 communities across the state. And in that case, our CFE law requires a certain eviction move out process.
- Danielle Parsons
Person
And so we just don't want to displace any older adults across the state that are choosing to live in assisted living or in long term care of, but different types.
- Tony Strickland
Legislator
Okay, thank you. Thank you for that clarification. Thank you.
- Lola Smallwood-Cuevas
Legislator
And I just wanted to ask committee staff because we've done a thorough analysis on this, if you could just clarify because I think we have an answer to that.
- Unidentified Speaker
Person
Hi, I was consultant for the committee, just wanted to clarify that these provisions would kick in after you have already have no judgment, have final judgment, no appeal is pending and you've had 30 days have given to make sure that there is no appeal to the final judgment. So that's when this would kick it off that.
- Lola Smallwood-Cuevas
Legislator
Thank you. Thank you. So would you like to close Assemblymember?
- Liz Ortega
Legislator
Yeah. In closing, I mean you've stated the purpose of this bill. This bill addresses you've gone through many, many, many, many steps and opportunities to address wage theft. By the time you get to this final step, it really just comes down to paying the wages. You've been given many opportunities to pay the wages back.
- Liz Ortega
Legislator
And if you're at this moment, you still have another opportunity. You pay the workers the wages that have been stolen and that you owe them and your license will not be revoked. You don't pay them, your license will be taken. It's plain and simple.
- Lola Smallwood-Cuevas
Legislator
We take that and so we will call the roll. We have a motion from Senator Cortese.
- Committee Secretary
Person
On final item number three. The motion is due pass to the Committee on the Judiciary. [Roll call].
- Lola Smallwood-Cuevas
Legislator
Two to zero. That bill is on call. We will move to our next file item. Let's see, we are file item number four, AB 1136.
- Liz Ortega
Legislator
Thank you, Madam Chair and members for the opportunity to present AB 1136 today. I also want to thank your staff for their work on this bill.
- Liz Ortega
Legislator
AB 1136 will give workers who have been wrongfully detained or deported by ICE a necessary and humane grace period to organize their affairs and return to their jobs without putting employers at either legal or financial risk.
- Liz Ortega
Legislator
The bill provides workers with five unpaid days to attend immigration related matters or up to 12 months of unpaid leave in the case of deportation. The bill also requires employees to be offered the same position back once they have returned to the United States and have proved their legal status.
- Liz Ortega
Legislator
In response to concerns from the chair and employers, I will be accepting amendments in the next committee that remove requirements that employers displace the least senior employee within a classification in order to hire back the individual terminated or placed on leave.
- Liz Ortega
Legislator
Instead, the employer would have to offer the employee the next available position with priority based on seniority. Most major hotels and casinos in the United States have a version of this bill's language and their collective bargaining agreements, including President Donald Trump's Las Vegas hotel. I have no witnesses with me today.
- Lola Smallwood-Cuevas
Legislator
Okay. We will ask then for support. Any me toos in support of the bill, please step forward. State your name and affiliation.
- Ria Kumar
Person
Honorable Chair and members, Ria Kumar with Wildcat Consulting, representing Unite Here Local 11 in strong support. Thank you.
- Monica Madrid
Person
Monica Madrid with the Coalition for Humane and Immigrant Rights Cherla in support.
- Chloe Armosio
Person
Thank you. Chloe Aarmosio with the California Immigrant Policy Center, in support.
- Elmer Lazardi
Person
Elmer Lazardi on behalf of the California Federation of Labor Unions, in support.
- Nevnee Puryear
Person
Nevnee Puryear on behalf of the California School Employees Association, also in support.
- Lola Smallwood-Cuevas
Legislator
Thank you. We will move to opposition. Is there any opposition on this bill? Opposition witnesses. You have two minutes.
- Ashley Hoffman
Person
Good morning. Ashley Hoffman on behalf of the California Chamber of Commerce in an opposed unless amended position. We completely appreciate the intent of the bill here during this turbulent time and agree that no worker should be in fear of losing their job because they've been wrongfully detained.
- Ashley Hoffman
Person
We've had a lot of conversations with the author's office and staff. And I really appreciate we're going to continue to keep talking about some amendments that we think could help our members implement the bill. Just a couple of things I want to raise.
- Ashley Hoffman
Person
We do not object to time off for workers to attend certain proceedings, but we have requested some language stating that if an employer already provides, for example, PTO above and beyond, what state law requires that they may be required to use some of that PTO before using this additional leave.
- Ashley Hoffman
Person
Further, as we read subdivisions B and C of Section 1019.6, those provisions do grant a rehire right for up to two years, which is quite a significant amount of time.
- Ashley Hoffman
Person
It is best practice that we advise our members, if someone's documentation has expired, for example, and they are working on renewal, that we do allow for some period of time for that worker to, you know, get new documentation. So having some conversations, I think about the length of time and then I know there are some amendments coming.
- Ashley Hoffman
Person
And so we'll continue to work with the author's office just really about implementations in which jobs an employee could be hired into. Similarly for the provisions into 19.7. And then finally, we are asking just for a sunset on the bill.
- Ashley Hoffman
Person
Obviously, you know, we are in, again, a very unique political moment under this Federal Administration and completely understand that state wanting to protect immigrant workers from these aggressive and often unpredictable enforcement policies.
- Ashley Hoffman
Person
But we are hoping a sunset would allow the legislature to revisit these requirements kind of based on the experience of how they are functioning and ensure the law remains appropriately tailored and responsive to current circumstances. So, thank you very much.
- Lola Smallwood-Cuevas
Legislator
Thank you. And Senator Strickland, we're going to work. Thank you. Any opposition me toos, please step forward, state your name and affiliation.
- Melissa Kolclichuk
Person
Good morning Chair, members. Melissa Kolclichuk with Western Growers. We echo the comments mentioned here by Cal Chamber and appreciate the work from the member and currently opposed it until amended. Thank you.
- Brian Little
Person
Good afternoon. Actually, Brian Little, California Farm Bureau, opposed unless amended for the reasons articulated by Cal Chamber. Thank you.
- Amber King
Person
Amber King with Leading Age California, also opposed unless amended for the reasons stated. Thank you.
- Dorothy Johnson
Person
Good afternoon. Dorothy Johnson with the Association of the California School Administrators. We don't have a formal opposition, but we have shared our concerns with the author and appreciate those conversations really about providing private labor standards and applying them to the education sector. There are some changes we need to make sure go through.
- Dorothy Johnson
Person
So again, we're furthering the effort to make sure that we're not benefiting one group of employees to the detriment of another, which unfortunately is currently drafted.
- Dorothy Johnson
Person
We see that happening for our classified employees and we also echo the comments of the Cal Chamber to explore opportunities to use existing unpaid leave time for some of the purposes provided for in this bill. Thank you.
- Lola Smallwood-Cuevas
Legislator
Thank you. That concludes opposition members any comments, questions? Well, I want to also say thank you to the author for working with everyone on, on this bill and taking those amendments today.
- Lola Smallwood-Cuevas
Legislator
And I just want to applaud your efforts of protecting our workers who and glad to hear the chamber's agreement of how ridiculous and absurd a time we're in where workers buried lives, livelihoods and families are being threatened.
- Lola Smallwood-Cuevas
Legislator
I believe that you will continue to work on this to ensure that we have a right to recall process that recognizes and values those workers and also understands the needs of the workforce and in our businesses. And I know this is being double referred and you will be taking those amendments over in Senate Judiciary Committee.
- Lola Smallwood-Cuevas
Legislator
So appreciate that. Do we have a motion for this bill? Okay, we have Senator Cortese move. Would you like to close?
- Committee Secretary
Person
On file item number four, the motion is do pass to the Committee on the Judiciary. Senator Smallwood-Cuevas. Aye. Smallwood-Cuevas, aye. Strickland. No. Strickland, no. Cortese. Cortese, aye. Durazo. Laird okay.
- Lola Smallwood-Cuevas
Legislator
We have a vote of 2 to 1. That bill is on call. We are moving to file item number 6, AB 1514. Please proceed when you're ready.
- Liz Ortega
Legislator
Good morning Chair and members or good afternoon. I am pleased to present AB 1514, our first labor committee bill covering any necessary changes or updates to AB 5.
- Liz Ortega
Legislator
This bill covers two exemptions from AB 5, one for licensed manicurists that demonstrate a high level of Independence in their work and the other is for commercial fishermen who work on American vessels.
- Liz Ortega
Legislator
AB 1514 extends the sunset on the license manicurists exemption for three years so that stakeholders have an adequate amount of time to come up with a regulatory framework for the industry.
- Liz Ortega
Legislator
And the extension also includes important reporting requirements to the legislature by the EDD and the Division of Labor Standards Enforcements regarding manicurists misclassification claims and other violations of the Labor Code. This data will help us better understand the appropriate employment status of this workforce.
- Liz Ortega
Legislator
The bill also extends to commercial fisherman exemption under AB 5 by 5 years to maintain continuity in an industry. This extension continues critical reporting requirements from the EDD to the legislature and unemployment claims from the workers. I don't have any witnesses with me today and I respectfully ask for your aye vote.
- Lola Smallwood-Cuevas
Legislator
Thank you very much. Assemblymember me toos in support of the bill. Please state your name and affiliation.
- Andrew Govenar
Person
Andrew Govenar, on behalf of California's Commercial Fishery, the California Wetfish Producers Association, the Pacific Coast Federation of Fishermen Association. I want to thank the Chair and the member for accepting the amendments on the exemption extension. Want to thank both consultants for working with us and the California Labor Federation as well. So thank you.
- Lola Smallwood-Cuevas
Legislator
Thank you. Do we have any opposition today? Witnesses? Okay. You each have two minutes.
- Matty Hyatt
Person
Good morning, Chair and members. I am Matty Hyatt from California Civil Liberties Advocacy. We appear today in opposition to AB 1514, unless amended to address our concerns. I was also asked to pass on the sentiments of Precision Nails, who was unable to attend today. Also in opposition. We were poised to support AB 504, introduced by Assemblymember Ta before it was pulled.
- Matty Hyatt
Person
AB 504 simply removed the sunset provision for manicurists in California, a profession that is occupied predominantly by Vietnamese American women. We commend the Labor and Employment Committee for reinstating the exemption for licensed manicurists, and we still share the bill's goal of restoring autonomy to the people working in this profession.
- Matty Hyatt
Person
According to the UCLA Labor Center and California Healthy Nail Salon Collaborative, over 80% of nail salons in California. Excuse me, are operated by Vietnamese immigrants. And the vast majority of their workers are women. But this community deserves stable relief, not temporary reprieve.
- Matty Hyatt
Person
AB 1514 reinstates the Borrello exemption only through 2029 and requires the Employment Development Department and DLSE to produce a sweeping enforcement that. Sorry. The enforcement report that targets only manicurists. There is no parallel requirement for similarly situated professionals such as barbers or cosmetologists, who are also exempted under the same statute. This raises serious equity concerns.
- Matty Hyatt
Person
A law or policy that is neutral on its face but has a disparate impact on a protected group can violate equal protection principles under both federal and state law. If Vietnamese nail salons are violating the law more than others, the study should include all licensed beauty professionals, not just manicurists.
- Matty Hyatt
Person
Singling out one community for retroactive investigation before any data even exists suggests we've already decided there's a problem. That's not fact finding. It's begging the question. The only group scrutinized by this bill's reporting mandate is one of California's most economically vulnerable and racially concentrated immigrant workforces. This is not a neutral audit. It is a targeted regulatory surveillance.
- Matty Hyatt
Person
Okay, We Just ask that if the sunset cannot be removed entirely, then at the very least, the study should be eliminated or expanded to cover other professions.
- Suzy DuMont-Perez
Person
Good afternoon, Madam Chair, Vice Chair, Members of the Committee, I'm Suzy DuMont-Perez, here on behalf of LanguageLine Solutions of Monterey. We are the largest language interpretation company in the world, based in Monterey. We respectfully oppose AB 1514 unless it's amended to align the treatment of interpreters with that of their linguistic counterparts, translators.
- Suzy DuMont-Perez
Person
LanguageLine again pioneered the phone interpreting industry 40 years ago. We have 800 employees in California, 600 of which are interpreters. Interpreters are highly skilled professionals, many of whom are certified. Their work is critical, essential to enabling communication in hospitals, 911 call centers, government agencies, schools, helping millions of Californians be heard in the over 200 languages spoken here.
- Suzy DuMont-Perez
Person
We respectfully request the reclassification of interpreters under the professional services exemption. Like translators, Again, translators handle written language interpreters spoken. Many linguists, important to note, are both translators and interpreters. So imposing two different models creates unnecessary burden and confusion. Unlike referral agencies, language service companies like LanguageLine provide essential functions outside of interpreting.
- Suzy DuMont-Perez
Person
That includes assessing language proficiency, supporting our clients, compliance with Section 1557 of the Affordable Care Act, the Civil Rights Act, and assuming liability for inequality issues. They're simply not referral functions. The majority of our interpreters at LanguageLine are employees, and we want to keep it that way. They enable 85 million interactions a year. In order to do that, we need to have them scheduled and trained. But for rare languages, particularly indigenous languages.
- Lola Smallwood-Cuevas
Legislator
Your time is up. If you could just conclude your thought.
- Suzy DuMont-Perez
Person
Okay, will do. We just want to make sure that all living proficient people, regardless of ability to speak, is able to be understood. Thank you.
- Lola Smallwood-Cuevas
Legislator
Thank you. Okay, so we will now move the conversation to the dias. Senator Strickland, you have a question?
- Tony Strickland
Legislator
Thank you, Madam Chair. Through the chair, I echo a lot of the comments from the opposition witness. I represent Little Saigon in Orange County. Large population of Vietnamese Americans, and According to the UCLA study, 82% of the nail salon workers are Vietnamese and 85% are women. AB 1514 singles out licensed manicurists as the only beauty profession that independent contractor status is subject to temporary exemption.
- Tony Strickland
Legislator
That means a cosmetologist can legally perform nail services as an independent contractor, but a licensed manicurist cannot, who's statistically far more likely to be Vietnamese. There is no policy justification for treating manicurists differently than the rest of this industry, and therefore, I do support the sunset exemption.
- Tony Strickland
Legislator
However, what I would like to see moving Forward is something like [unintelligible] bill that would make the exemption for licensed manicurists permanent and consistent with other licensees in the beauty industry. So it just doesn't make sense to me that they're not being treated fairly. And I'm hoping that.
- Tony Strickland
Legislator
I'm glad that you're bringing forward the bill to sunset for three years. However, I do think that when you look at it, we need to make this exemption permanent. Thank you.
- Lola Smallwood-Cuevas
Legislator
Thank you for those comments. I want to just say to Assemblymember Ortega, thank you for your efforts on this and particularly, you know, this vulnerable workforce. I had the opportunity to spend some time with the Nail Salon Workers Alliance and hearing some of their stories.
- Lola Smallwood-Cuevas
Legislator
It is one of our most vulnerable workforces in workplaces that are somewhat invisible. And so I think that this. I really have applaud you for bringing this forward. You know, this industry and not all industry and all shops operate the same. There's of course, not one business model.
- Lola Smallwood-Cuevas
Legislator
But if you're being paid as an employee, managed like an employee and treated like an employee, then you are an employee. And I think that's what AB 5 is about, is about making sure that we are understanding that difference and respect respecting the rights of those of those workers who fall under those protections and to ensure they have full access to the law.
- Lola Smallwood-Cuevas
Legislator
I think this is about giving voice to workers and extending the sunset date on this exemption will give us some time and much needed time to do the work that we should have done a long time ago of really trying to understand this workforce, to understand what reporting requirements in this bill can be created that will help the legislature better understand the industry before making a permanent decision.
- Lola Smallwood-Cuevas
Legislator
And I think this is a thoughtful step in the right direction and I look forward to supporting it today. Would you like to close?
- Liz Ortega
Legislator
Yeah. I do want to acknowledge that these are hardworking immigrant women who put in long hours and often very toxic environments, which is why I am asking for a study around the rate of labor violations they're facing in the industry as we, you know, pass this exemption. So I respectfully ask for your aye vote.
- Lola Smallwood-Cuevas
Legislator
We have a motion from Senator Cortese. Please call the roll.
- Committee Secretary
Person
On file item 6 the motion is do pass to the Committee on Appropriations. [Roll call].
- Lola Smallwood-Cuevas
Legislator
Okay. We have a vote of 3 to 0 on that. That bill remains on call. We're going to move to our final bill. AB 1515.
- Liz Ortega
Legislator
I am pleased to present. I'm going to stop saying good afternoon or good morning.
- Lola Smallwood-Cuevas
Legislator
Because we have transitioned. Thank you Assemblymember Ortega.
- Liz Ortega
Legislator
I am pleased to present to present AB 1515, our second labor committee bill that creates a regulatory framework for professional employer organizations known as PEOs. PEOs perform HR and payroll services for many small businesses in California. California law does not currently define PEOs.
- Liz Ortega
Legislator
This bill seeks to establish a clear statutory definition of PEOs and requires them to be registered with the state in order to do business. This is consistent with the regulatory approach taken in, taken in 40 other states that define and regulate PEOs this way. As you can see, this bill is currently a work in progress.
- Liz Ortega
Legislator
We're working closely with PEO representatives and labor advocates to add specific requirements to the state registration process and to outline the duties and responsibilities of a PEO in the workplace. I have one witness with me today, that is Ben Epnik, who represents the National Association of PEOs.
- Ben Epink
Person
Thank you. Madam Chair and senators, Ben Epink. On behalf of the National Association of Professional Employer Organizations, PEOs, the author did a very good job of explaining our goal here. 38 other states have comprehensive regulations, regulation that defines and regulates the PEO industry. We're seeking similar regulation in California.
- Ben Epink
Person
We approached our friends in labor early in the year. They said, why don't we work through the auspices of the Assembly Labor Committee Chair and her staff in a committee bill? We thought that was a good idea. We're working collaboratively, having good conversations.
- Ben Epink
Person
The bill does need some more work, but we are actively discussing the language and things are looking good so far. So we respectfully request your aye vote to allow us to move the vehicle along to continue to have those collaborative discussions. Thank you.
- Lola Smallwood-Cuevas
Legislator
Thank you. Let's see. Any me toos in support of the bill. Okay, let's move to opposition. Is there opposition? Witness seeing none. Any opposition metoos to the bill. Okay, we have a question for Strickland.
- Tony Strickland
Legislator
For the sponsor or the supporter? What problem are you trying to address here? Has there been a problem going on here in California to bring this bill forward?
- Ben Epink
Person
So the issue is we sort of have a regulatory vacuum in California. The PEO industry has been in California for over three decades, operating well, successfully. But we don't have any clear statutory definition of who a PEO is, who isn't a PEO. No formal standards for the industry, no registration process.
- Ben Epink
Person
We think that those type of standards are good for the industry and it's why NAPEO has supported similar legislation in many other states. We think it makes clear lines between who is operating in a PEO and who is not, raises standards for the industry and is benefit to all stakeholders. So that's the purpose for seeking the legislation.
- Lola Smallwood-Cuevas
Legislator
Thank you and I will give you the opportunity to close. We, oh, we do have a member who can give us a motion. Do you want to close? And we'll respectfully ask for an aye vote. Thank you. Thank you. We have a motion from Senator Cortese.
- Committee Secretary
Person
On file item number seven. The motion is do pass to the Committee on appropriations. Senator Smallwood Cuevas. Smallwood Ecuevas, aye. Strickland. No. Strickland, no. Cortese. Cortese, aye. Durazo. Laird.
- Lola Smallwood-Cuevas
Legislator
That vote has a, that bill has a vote of two to one. It's on call. We will take up. Let's see, we're waiting on, yeah, we're going to wait for other members and take up all of the bills in a few. Thank you.
- Lola Smallwood-Cuevas
Legislator
Going to reopen the file since we have critical mass of Senators here. Welcome back, Senator. Senator Laird. Hello, Senator Durazo. Okay, we're going to start with the consent calendar. Assistant, please call the roll.
- Committee Secretary
Person
All right. On the consent calendar, current vote is 4 to 0. Senator Durazo. Durazo, aye. Calendar is out.
- Lola Smallwood-Cuevas
Legislator
Vote 5 to 0. The calendar is out. We're going to go to file item number two AB 339.
- Committee Secretary
Person
On file item number two. The current vote is three to one, with the chair voting aye. Vice Chair voting no. The motion is do pass as amended to the Committee on Appropriations. [roll call].
- Committee Secretary
Person
The current vote on file item number three is two to zero. The motion is do pass to the Committee on the Judiciary. [roll call].
- Lola Smallwood-Cuevas
Legislator
Okay, we have a vote of 4 to 0. That bill is out. Moving on to file item number four AB 1136.
- Committee Secretary
Person
On file item number four, the current vote is two to one. Chair voting aye. Vice chair voting no. And the motion is due pass to the Committee on the Judiciary. [roll call].
- Lola Smallwood-Cuevas
Legislator
That bill is out. Moving on to file item number five. AB 1329.
- Committee Secretary
Person
On file item number five, the vote is currently three to one. The motion is do pass to the Committee on appropriations. [roll call]
- Lola Smallwood-Cuevas
Legislator
Okay, we have a vote of 4 to 1. That bill is out. Moving on to file item number six. AB 1514.
- Committee Secretary
Person
On file item six vote. Current vote is three to zero. Motion is due. Passed the Committee on Appropriations. [roll call].
- Lola Smallwood-Cuevas
Legislator
Okay, we have a vote of five to zero, that bill is out. File item number seven. AB 1515.
- Committee Secretary
Person
The current vote on file item seven is two to one. Chairs voting aye. Vice chairs no. It's due pass to the Committee on Appropriations. [roll call]
- Committee Secretary
Person
On file item number 9. The motion is do passed to the Committee on the Judiciary. Current vote is three to one. [roll call].
- Lola Smallwood-Cuevas
Legislator
Okay, four to one, we're out. Okay, that bill has a vote of four to one and it is out. Moving to file item number 10, AB 792.
- Committee Secretary
Person
File item number 10 has a motion of do pass to the Committee on Appropriations. The current vote is three to one. [roll call].
- Lola Smallwood-Cuevas
Legislator
Moving to file item number 10, AB 792. Lee. Oh, we did that. I'm sorry. Whoops. I'm sorry. We're on file item number 11. AB 858. Lee.
- Committee Secretary
Person
On file item 11, the motion is do pass to the Committee on Appropriations. Current vote is three to one. [roll call].
- Lola Smallwood-Cuevas
Legislator
Okay, we have a vote of four to one, that bill is out. Moving to file item number 12.
- Committee Secretary
Person
AB 889 on file item number 12. The current vote is three to zero. The motion is do pass to the Committee on Appropriations. [roll call].
- Lola Smallwood-Cuevas
Legislator
We have a vote of four to zero, that bill is out. Moving to file item number 13. AB 963 on file item 13.
- Committee Secretary
Person
The motion is due pass to the Committee on the Judiciary. Current vote is three to one. [roll call].
- Lola Smallwood-Cuevas
Legislator
Four to one, that bill is out. Okay, we have a vote of four to one, that bill is out. Moving to file item number 14. And that is AB 1048 on file item 14.
- Committee Secretary
Person
Current vote is four to zero. The motion is do passed to the Committee on Appropriations. [roll call].
- Lola Smallwood-Cuevas
Legislator
That concludes our Committee hearing on Labor, Public Employment and Retirement. Thank you to all the witnesses who traveled to be with us today. And congratulations, Mr. Bots.
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