California has the strongest worker protections in the United States. But these laws must be enforced fairly and consistently in order to be effective in helping workers get a foothold in today’s economy. As our workforce has grown, labor law enforcement resources have steadily declined, leaving more and more workers vulnerable and allowing unscrupulous employers to compete unfairly. We must vigorously enforce our state’s strong labor protections.
Tax audits for scofflaw employers. (AB 2879 – Leno). Scofflaw employers steal millions of dollars from our state treasury by cheating on payroll, unemployment, workers’ comp, and business taxes. Too often, an employer who cheats on payroll taxes is more likely to cheat on other state taxes. This bill would require the Labor Agency and the Franchise Tax Board to develop protocols where certain labor law violations would trigger a tax audit of the employer.
Know your rights – independent contractors. (SB 1490 – Padilla) More and more companies have cut labor costs by misclassifying their employees as independent contractors. This type of arrangement absolves employers from having to provide basic protections such as workers’ compensation, unemployment insurance, and health care. Too often, workers don’t know what is at risk when they become independent contractors. This bill would require employers to provide information to their independent contractors about what it means to be an independent contractor and what to do if they think they are misclassified.
Joint liability for misclassification of independent contractors. (SB 1583 – Corbett) A cottage industry of consultants has burgeoned to advise employers on how to skirt the law and force their employees into independent contractor status. These consultants should be held liable for teaching employers how to misclassify their employees and SB 1583 would do so.
Safety and security for California telephone customers. (AB 2232 – De La Torre). Currently, employees of telephone companies must complete a background check before entering the premises of a customer. Yet, independent contractors and employees of subcontractors don’t have to complete the same background check. AB 2232 would simply require an equivalent background check for all workers who enter customer premises.
Abatement of workplace hazards. (AB 1988 – Swanson) Under current law, employers who are cited for health or safety violations can appeal to the CalOSHAAppeals Board. But during the appeals process, employers are not required to abate the violation. A backlog of 4,000 cases has resulted in delays of up to 24 months before the appeal is decided. During this time period, workers may face imminent danger from the same threats that led to the original citation. This bill would require employers to abate violations while their appeals are being deliberated.
Fair meal period rules. (AB 1711 – Levine) The right of workers to take a guaranteed lunch break is fundamental, but the Schwarzenegger administration and some employer groups continue trying to undermine meal period rights. This bill would provide flexibility to employers on the timeframe for initiating meal periods; clarify which employees are eligible for “on-duty” meal periods; and establish a collective bargaining opt-out that allows our unions to bargain for meal periods that best suit our members’ needs.
Contacts
- Angie Wei, Legislative Director (Workers' Compensation)
- Caitlin Vega, Legislative Advocate (Wage and Hour, Public Employees, Low Wage Worker Issues, Underground Economy, Right to Organize, Immigration)
- Jeremy Smith, Legislative Advocate (Family Leave, Worker Health and Safety, Offshoring, Election Reform, Labor Education, Green Jobs, Toxics in the Workplace)
- Emily Clayton, Policy Coordinator (Healthcare)
- Shawna Manning, Legislative Office Manager