Amended  IN  Assembly  May 04, 2020

CALIFORNIA LEGISLATURE— 2019–2020 REGULAR SESSION

Assembly Bill
No. 3240

Introduced by Assembly Member Gray

February 21, 2020

An act to add Section 2803.7 to the Labor Code, and to add Section 17131.12 to the Revenue and Taxation Code, and to amend Section 1259 of the Unemployment Insurance Code, relating to employment.


LEGISLATIVE COUNSEL'S DIGEST


AB 3240, as amended, Gray. Labor disputes: strike pay.
Existing law prohibits an employer from discontinuing or changing coverage for medical or other health benefits for its employees without providing specified notice of the termination or change at least 15 days in advance.
This bill would prohibit an employer of 25 100 or more employees from terminating, reducing, or modifying the employer’s contribution to an employee’s health care coverage while the employee is engaged in a lawful strike.
Existing law, the Personal Income Tax Law, in conformity with federal income tax law, generally defines “gross income” as income from whatever source derived, except as specifically excluded, and provides various exclusions from gross income.
This bill would exclude strike pay, as defined, from gross income for taxation purposes.

Existing law provides that unemployment insurance benefits shall not be denied to any otherwise qualified and eligible person for refusing to work due to a strike, lockout, or labor dispute.

This bill would also provide that unemployment benefits shall not be denied to an individual who is receiving strike pay during a strike, lockout, or labor dispute.

Vote: MAJORITY   Appropriation: NO   Fiscal Committee: YES   Local Program: NO  

The people of the State of California do enact as follows:


SECTION 1.

 Section 2803.7 is added to the Labor Code, to read:

2803.7.
 An employer with 25 100 or more employees who offers health care coverage for nonoccupational injuries or illness to their employees shall not terminate, reduce, or modify the employer’s contribution to the employee’s health care coverage for the duration of the employee’s participation in a lawful strike.

SEC. 2.

 Section 17131.12 is added to the Revenue and Taxation Code, to read:

17131.12.
 Gross income does not include strike pay, as that term is defined in Section 1259 of the Unemployment Insurance Code.

SEC. 3.Section 1259 of the Unemployment Insurance Code is amended to read:
1259.

Notwithstanding any other provisions of this division, no work or employment shall be deemed suitable and benefits shall not be denied to any otherwise eligible and qualified individual for refusing new work under any of the following conditions:

(a)If the position offered is vacant due directly to a strike, lockout, or other labor dispute.

(b)If the wages, hours, or other conditions of the work offered are substantially less favorable to the individual than those prevailing for similar work in the locality.

(c)If, as a condition of being employed, the individual would be required to join a company union or to resign from or refrain from joining any bona fide labor organization.

(d)If the offer of employment is from an employer who does not possess an appropriate state license to engage in their business, trade, or profession if required by state law.

(e)If the offer of employment is from an employer who does not carry either workmen’s compensation insurance or possess a certificate of self-insurance as required by Division 4 (commencing with Section 3201) of the Labor Code.

(f)If the offer of employment is from an employer who does not withhold or hold in trust the employee contributions required by Part 2 (commencing with Section 2601) of this division for unemployment compensation disability benefits and does not transmit all such employee contributions to the department for the Disability Fund as required by Section 986.

(g)(1)If the person is receiving strike pay during a strike, lockout, other labor dispute.

(2)For purposes of this subdivision, the following terms have the following meanings:

(A)“Strike funds” means funds established by an employee organization to directly or indirectly aid a member of the employee organization to participate in a strike.

(B)“Strike pay” means payments from a strike fund provided by an employee organization to members of the employee organization while they are on strike.