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
May 18, 2023 |
Amended
IN
Assembly
March 30, 2023 |
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:(b)“Controlling person” means a person who directly or indirectly owns,
controls, or holds with power to vote, including through coordination with other persons, 20 percent or more of the outstanding voting interests of a corporation.
(c)“Controlling private fund” means a private fund that directly or through an affiliate becomes a control person with respect to a grocery establishment.
(d)
(e)
(f)
(g)
(h)
(i)
(j)
(k)
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.(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.
(b)If, within the period established in subdivision (b) of Section 2504, the successor grocery employer determines that it requires fewer eligible grocery workers than were required by the incumbent grocery employer, the successor grocery employer
shall retain eligible grocery workers by seniority within each job classification to the extent that comparable job classifications exist or pursuant to the terms of a relevant collective bargaining agreement, if any. Nonclassified eligible grocery workers shall be retained by seniority and according to experience or pursuant to the terms of a relevant collective bargaining agreement, if any.
(c)During the 120-day transition employment period, the successor grocery employer shall not discharge without cause an eligible grocery worker retained pursuant to this part.
(d)At the end of the 120-day transition employment period, the successor grocery employer shall make a written performance evaluation for each eligible grocery worker retained pursuant to this part. If the eligible
grocery worker’s performance during the 120-day transition employment period is satisfactory, the successor grocery employer shall consider offering the eligible grocery worker continued employment under the terms and conditions established by the successor grocery employer and as required by law. The successor grocery employer shall retain a record of the written performance evaluation for at least three years.
SEC. 5.SEC. 4.
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.SEC. 5.
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:(A)The average regular rate of pay received by the employee during the last three years of the employee’s employment in the same job classification.
(B)The most recent regular rate received by the employee while employed by the employer.
(C)The regular rate of pay received by the employee during the last three years of that employee’s employment in the same job classification.
(i)The average regular rate of pay received by the employee during the last three years of the employee’s employment in the same job classification.
(ii)The most recent regular rate received by the employee while employed by the employer.
(iii)The regular rate of pay received by the employee during the last three years of that employee’s employment in the same job classification.
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.