Bill Text: CA AB647 | 2023-2024 | Regular Session | Amended
Bill Title: Grocery workers.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Passed) 2023-10-08 - Chaptered by Secretary of State - Chapter 452, Statutes of 2023. [AB647 Detail]
Download: California-2023-AB647-Amended.html
Amended
IN
Assembly
March 16, 2023 |
Amended
IN
Assembly
March 09, 2023 |
Introduced by Assembly Member Holden |
February 09, 2023 |
LEGISLATIVE COUNSEL'S DIGEST
Digest Key
Vote: MAJORITY Appropriation: NO Fiscal Committee: YES Local Program: NOBill Text
The people of the State of California do enact as follows:
SECTION 1.
Section 2502 of the Labor Code is amended to read:2502.
For purposes of this part, the following definitions shall apply:SEC. 2.
Section 2504 of the Labor Code is amended to read:2504.
(a) (1) The incumbent grocery employer shall, within 15 days after the execution of the transfer document, provide to the successor grocery employer and any collective bargaining representative the name, address, date of hire, employment occupation classification, and, if known, the cellular telephone number and email address of each eligible grocery worker.SEC. 3.
Section 2505 is added to the Labor Code, to read:2505.
Any separated employee who is offered a position that is more than 15 miles from their place of residence shall have the right to refuse such recall without a loss of seniority and shall still retain a right to recall based on seniority prior to hiring of any new employees for one year after the separation from employment.SEC. 4.
Section 2506 of the Labor Code is amended to read:2506.
(a) A successor grocery employer shall retain each eligible grocery worker hired pursuant to this part for at least 120 days after the eligible grocery worker’s employment commencement date. During this 120-day transition employment period, eligible grocery workers shall be employed under the terms and conditions established by the successor grocery employer and pursuant to the terms of a relevant collective bargaining agreement, if any.SEC. 5.
Section 2509 is added to the Labor Code, to read:2509.
An employer shall not refuse to employ, terminate, reduce the compensation of, or otherwise take adverse action against any laid-off employee for seeking to enforce their rights under this part, including participating in proceedings, opposing any practice prescribed by this part, or otherwise asserting rights under this part. This section applies to an employee who mistakenly, but in good faith, alleges noncompliance with this part.SEC. 6.
Section 2510 is added to the Labor Code, to read:2510.
(a) An aggrieved employee or an employee representative, such as a collective bargaining representative or nonprofit corporation, may bring an action in the superior court of the State of California for violations of this part and may be awarded the following:SEC. 7.
Section 2511 is added to the Labor Code, to read:2511.
Notwithstanding any other law, contract, or agreement, a controlling private fund and any holder of an active interest in a controlling private fund shall be jointly and severally liable for all liabilities created by this part of each grocery establishment for which the controlling private fund is a controlling person, and for all liabilities of any affiliate of each grocery establishment.SEC. 8.
Section 2512 of the Labor Code is amended to read:2512.
Parties subject to this part may, by collective bargaining agreement, provide that the agreement supersedes the requirements of this part, in whole or in part, if the waiver is explicitly set forth in the agreement in clear and unambiguous terms.(a)In the case of a change of control from a merger, a successor grocery employer shall not cause a grocery establishment that is located in a geographic area designated by United States Department of Agriculture as a food desert to cease being fully operational and open to the public until the establishment provides a written notice to the city council, city attorney, board of supervisors, county counsel, State Department of Public Health, and Attorney General 180 days before the establishment ceases to be fully operational and open to the public.
(b)The notice required by subdivision (a) shall include both of the following:
(1)A written analysis and explanation, including data, of how residents living in the geographic area designated by United States Department of Agriculture as a food desert will be able, at comparable cost, including transportation cost and time off work and childcare costs, to purchase food after the establishment ceases being fully operational and open to the public.
(2)A profit and loss statement for the establishment consistent with generally accepted accounting principles for the two years prior to the merger attested to by a responsible officer of the successor employer.