Bill Text: CA SB1375 | 2023-2024 | Regular Session | Amended
Bill Title: Workforce development: records: poverty-reducing standards: funds, programs, reporting, and analyses.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced) 2024-05-16 - Read second time. Ordered to third reading. [SB1375 Detail]
Download: California-2023-SB1375-Amended.html
|
Amended
IN
Senate
April 15, 2024 |
CALIFORNIA LEGISLATURE—
2023–2024 REGULAR SESSION
Senate Bill
No. 1375
| Introduced by Senator Durazo |
February 16, 2024 |
An act to amend Section 1198.5 of the Labor Code, and to add Chapter 5.2 (commencing with Section 14535) to Division 7 of the Unemployment Insurance Code, relating to workforce development.
LEGISLATIVE COUNSEL'S DIGEST
SB 1375, as amended, Durazo.
Workforce development: records: poverty-reducing standards: funds, programs, reporting, and analyses.
(1) Existing law grants current and former employees, or their representative, the right to inspect and receive a copy of personnel records maintained by the employer relating to the employee’s performance or to any grievance concerning the employee. Existing law requires the employer to make the contents of those personnel records available for inspection, as specified, and makes it a crime for an employer to violate these requirements.
This bill would provide that personnel records relating to the employee’s performance include education and training records and would require an employer who maintains education and training records to ensure those records include specified information.
By expanding the scope of an existing crime, this bill would impose a state-mandated local program.
Existing
(2) Existing law, the California Workforce Innovation and Opportunity Act, establishes the California Workforce Development Board as the body responsible for assisting the Governor in the development, oversight, and continuous improvement of California’s workforce investment system and the alignment of the education and workforce investment systems to the needs of the 21st
century economy and workforce. Existing law requires the board to assist the Governor in promoting the development of a well-educated and highly skilled 21st century workforce, and the development of a high road economy that offers an educated and skilled workforce with fair compensation and treatment in the workplace. Existing law also requires the board to assist in developing standards, procedures, and criteria for high road employers, high road jobs, high road workforce development, and high road training partners, as specified. Existing law defines “high road” for these purposes to mean a set of economic and workforce development strategies to achieve economic growth, economic equity, shared prosperity, and a clean environment.
Existing federal law, the CHIPS and Science Act of 2022, the Inflation Reduction Act of 2022, and the Infrastructure Investment and Jobs Act (federal jobs acts), provides various grants to state and local entities for specified
purposes.
This bill would create the Equity, Climate Resilience, and Quality Jobs Fund in the State Treasury and would require, to the extent permissible under federal law, 2% of all qualified moneys, as defined, received from the federal government pursuant to any federal jobs act to be transferred into the fund. The bill would make moneys in the fund available upon appropriation to the board for specified purposes.
This bill would require all state and local agencies administering any moneys received pursuant to any federal jobs act and the board to develop, by January 1, 2026, a memorandum of understanding for the board to provide technical assistance, and to develop poverty-reducing labor standards, for all investments made by those agencies using those moneys. The bill would impose reporting requirements on these agencies and would require the board to develop rules and regulations on the content and manner of
reporting for the report. The bill would also require the board to contract with a research institution to receive the reports and perform analyses on equity, climate resilience, and quality jobs outcomes resulting from the investments made by the reporting entities using moneys received pursuant to any federal jobs act. By imposing new duties on local agencies that receive federal moneys, the bill would impose a state-mandated local program.
The
(3) The bill would include findings that
changes proposed by this bill address a matter of statewide concern rather than a municipal affair and, therefore, apply to all cities, including charter cities.
The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.
This bill would provide that, if the Commission on State Mandates determines that the bill contains costs mandated by the state, reimbursement for those costs shall be made pursuant to the statutory provisions noted above.
(4) The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.
This bill would provide that with regard to certain mandates no reimbursement is required by this act for a specified reason.
With regard to any other mandates, this bill would provide that, if the Commission on State Mandates determines that the bill contains costs so mandated by the state, reimbursement for those costs shall be made pursuant to the statutory provisions noted above.
Digest Key
Vote: MAJORITY Appropriation: NO Fiscal Committee: YES Local Program: YESBill Text
The people of the State of California do enact as follows:
SECTION 1.
Section 1198.5 of the Labor Code is amended to read:1198.5.
(a) (1) Every current and former employee, or(2) An employer who maintains education or training records shall ensure those records include all of the following:
(A) The name of the employee.
(B) The name of the trainer.
(C) The duration and date of the training.
(D) The core competencies of a training, including skills in equipment or software.
(E) The resulting certification or qualification.
(b) (1) The employer shall make the contents of those personnel records available for inspection to the current or former employee, or his or her
their representative, at reasonable intervals and at reasonable times, but not later than 30 calendar days from the date the employer receives a written request, unless the current or former employee, or his or her their representative, and the employer agree in writing to a date beyond 30 calendar days to inspect the records, and the agreed-upon date does not exceed 35 calendar days from the employer’s receipt of the written request. Upon a written request from a current or former employee, or his or her their representative, the employer shall also provide a copy of the personnel
records, at a charge not to exceed the actual cost of reproduction, not later than 30 calendar days from the date the employer receives the request, unless the current or former employee, or his or her their representative, and the employer agree in writing to a date beyond 30 calendar days to produce a copy of the records, as long as the agreed-upon date does not exceed 35 calendar days from the employer’s receipt of the written request. Except as provided in paragraph (2) of subdivision (c), the employer is not required to make those personnel records or a copy thereof available at a time when the employee is actually required to render service to the employer, if the requester is the employee.
(2) (A) For purposes of this section,
a request to inspect or receive a copy of personnel records shall be made in either of the following ways:
(i) Written and submitted by the current or former employee or his or her their representative.
(ii) Written and submitted by the current or former employee or his or her their representative by completing an employer-provided form.
(B) An employer-provided form shall be made available to the employee or his or her
their
representative upon verbal request to the employee’s supervisor or, if known to the employee or his or her their representative at the time of the request, to the individual the employer designates under this section to receive a verbal request for the form.
(c) The employer shall do all of the following:
(1) With regard to all employees, maintain a copy of each employee’s personnel records for a period of not less than three years after termination of employment.
(2) With regard to current employees, make a current employee’s personnel records available for inspection, and, if requested by the employee or his or her
their representative, provide a copy thereof, at the place where the employee reports to work, or at another location agreeable to the employer and the requester. If the employee is required to inspect or receive a copy at a location other than the place where he or she reports they report to work, no loss of compensation to the employee is permitted.
(3) (A) With regard to former employees, make a former employee’s personnel records available for inspection, and, if requested by the employee or his or her their
representative, provide a copy thereof, at the location where the employer stores the records, unless the parties mutually agree in writing to a different location. A former employee may receive a copy by mail if he or she reimburses they reimburse the employer for actual postal expenses.
(B) (i) Notwithstanding subparagraph (A), if a former employee seeking to inspect his or her their personnel records was terminated for a violation of law, or an employment-related policy, involving harassment or workplace violence, the
employer may comply with the request by doing one of the following:
(I) Making the personnel records available to the former employee for inspection at a location other than the workplace that is within a reasonable driving distance of the former employee’s residence.
(II) Providing a copy of the personnel records by mail.
(ii) Nothing in this subparagraph shall limit a former employee’s right to receive a copy of his or her their personnel records.
(d) An employer is required to comply with only one request per year by a former employee to inspect or receive a
copy of his or her
their personnel records.
(e) The employer may take reasonable steps to verify the identity of a current or former employee or his or her their authorized representative. For purposes of this section, “representative” means a person authorized in writing by the employee to inspect, or receive a copy of, his or her their personnel records.
(f) The employer may designate the person to whom a request is made.
(g) Prior to Before making records specified in subdivision (a) available for inspection or providing a copy of those records, the employer may redact the name of any nonsupervisory employee contained therein.
(h) The requirements of this section do not apply to:
(1) Records relating to the investigation of a possible criminal offense.
(2) Letters of reference.
(3) Ratings, reports, or records that were:
(A) Obtained prior to the employee’s
employment.
(B) Prepared by identifiable examination committee members.
(C) Obtained in connection with a promotional examination.
(4) Employees who are subject to the Public Safety Officers Procedural Bill of Rights (Chapter 9.7 (commencing with Section 3300) of Division 4 of Title 1 of the Government Code).
(5) Employees of agencies subject to the Information Practices Act of 1977 (Title 1.8 (commencing with Section 1798) of Part 4 of Division 3 of the Civil Code).
(i) If a public agency has established an independent employee relations board or commission, an employee shall first seek relief regarding any matter or dispute relating to this section from that board or commission before
pursuing any available judicial remedy.
(j) In enacting this section, it is the intent of the Legislature to establish minimum standards for the inspection and the receipt of a copy of personnel records by employees. Nothing in this section shall be construed to prevent the establishment of additional rules for the inspection and the receipt of a copy of personnel records that are established as the result of agreements between an employer and a recognized employee organization.
(k) If an employer fails to permit a current or former employee, or his or her their
representative, to inspect or copy personnel records within the times specified in this section, or times agreed to by mutual agreement as provided in this section, the current or former employee or the Labor Commissioner may recover a penalty of seven hundred fifty dollars ($750) from the employer.
(l) A current or former employee may also bring an action for injunctive relief to obtain compliance with this section, and may recover costs and reasonable attorney’s fees in such an action.
(m) Notwithstanding Section 1199, a violation of this section is an infraction. Impossibility of performance, not caused by or resulting from a violation of law, may be asserted as an affirmative defense by an employer in any action alleging a violation of this section.
(n) If an employee or former employee files a
lawsuit that relates to a personnel matter against his or her
their employer or former employer, the right of the employee, former employee, or his or her their representative to inspect or copy personnel records under this section ceases during the pendency of the lawsuit in the court with original jurisdiction.
(o) For purposes of this section, a lawsuit “relates to a personnel matter” if a current or former employee’s personnel records are relevant to the lawsuit.
(p) An employer is not required to comply with more than 50 requests under this section to inspect and receive a copy of personnel records filed by a representative or representatives of employees in one calendar month.
(q) This section does not apply to an employee covered by a valid collective bargaining agreement if the agreement expressly provides for all of the following:
(1) The wages, hours of work, and working conditions of employees.
(2) A procedure for the inspection and copying of personnel records.
(3) Premium wage rates for all overtime hours worked.
(4) A regular rate of pay of not less than 30 percent more than the state minimum wage rate.
SECTION 1.SEC. 2.
Chapter 5.2 (commencing with Section 14535) is added to Division 7 of the Unemployment Insurance Code, to read:CHAPTER 5.2. Federal Jobs Act Funds
14535.
For purposes of this chapter, the following definitions apply:(a) “Federal jobs act” means any of the following:
(1) The CHIPS and Science Act of 2022 (Public Law 117-167).
(2) The Inflation Reduction Act of 2022 (Public Law 117-169).
(3) The Infrastructure Investment and Jobs Act (Public Law 117-58).
(b) “Fund” means the Equity, Climate Resilience, and Quality Jobs Fund, as created by this chapter.
(c) “High road construction careers” has the same meaning as in Section 14005.
(d) “High road training partnerships” has the same meaning as in Section 14005.
(e) “Local agency” means a county, city, city and county, school district, special district, authority, agency, any other municipal public corporation or district, or other political subdivision of the state.
(f) “Qualified moneys” means both of the following:
(1) Moneys received prior to the effective date of this chapter that are in the General Fund as of the effective date of this chapter.
(2) Moneys received on or after the
effective date of this chapter.
(g) “State agency” has the same meaning as in subdivision (a) of Section 11000 of the Government Code.
14535.1.
(a) There is hereby created the Equity, Climate Resilience, and Quality Jobs Fund in the State Treasury.(b) Notwithstanding any law, but to the extent permissible under federal law, 2 percent of all qualified moneys received from the federal government pursuant to any federal jobs act shall be transferred into the fund.
(c) Moneys in the fund shall be available, upon appropriation, to the California Workforce Development Board for the following purposes:
(1) Developing poverty-reducing programs, including, but not limited to, high road
training partnerships and high road construction careers, and other workforce programs that drive poverty-reducing standards and reach communities with the highest barriers to employment and economic equity, poverty-reducing labor standards development and reporting, program evaluation, administrative capacity, and state operations.
(2) Supporting the development of poverty-reducing labor standards through investments made using moneys received pursuant to federal jobs acts, reporting required by this chapter, and analyses made by a research institution.
(3) Funding state-approved apprenticeship programs in the building and construction trades, if the person or entity requesting the funding demonstrates that there is a need for the program through the satisfaction of at least one
of the conditions described in paragraphs (1) to (3), inclusive, of subdivision (b) of Section 3075 of the Labor Code.
14535.2.
(a) (1) All state and local agencies administering any moneys received pursuant to any federal jobs act shall develop, by January 1, 2026, with the board a memorandum of understanding for the board to provide technical assistance, and to develop poverty-reducing labor standards, for all investments made by those agencies using those moneys.(2) All state and local agencies subject to paragraph (1) shall report labor standards outcomes to the board.
(b) (1) The board shall develop rules and regulations on the content and manner of reporting for the report required by subdivision
(a).
(2) The board shall contract with a research institution to receive the reports required by this section and to perform analyses on equity, climate resilience, and quality jobs outcomes resulting from the investments made by the reporting entities using moneys received pursuant to any federal jobs act.
SEC. 2.SEC. 3.
The Legislature finds and declares that ensuring transparency and adequate oversight of state and federal funding is a matter of statewide concern and is not a municipal affair as that term is used in Section 5 of Article XI of the California Constitution. Therefore, SectionIf the Commission on State Mandates determines that this act contains costs mandated by the state, reimbursement to local agencies and school districts for those costs shall be made pursuant to Part 7 (commencing with Section 17500) of Division 4 of Title 2 of the Government Code.
SEC. 4.
No reimbursement is required by this act pursuant to Section 6 of Article XIII B of the California Constitution for certain costs that may be incurred by a local agency or school district because, in that regard, this act creates a new crime or infraction, eliminates a crime or infraction, or changes the penalty for a crime or infraction, within the meaning of Section 17556 of the Government Code, or changes the definition of a crime within the meaning of Section 6 of Article XIII B of the California Constitution.However, if the Commission on State Mandates determines that this act contains other costs mandated by the state, reimbursement to local agencies and school districts for those costs shall be made pursuant to Part 7 (commencing with Section 17500) of Division 4 of Title 2 of the Government Code.
