Bill Text: CA SB926 | 2017-2018 | Regular Session | Introduced
NOTE: There are more recent revisions of this legislation. Read Latest Draft
Bill Title: CalWORKs and CalFresh: work requirements.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Vetoed) 2018-09-29 - In Senate. Consideration of Governor's veto pending. [SB926 Detail]
Download: California-2017-SB926-Introduced.html
Bill Title: CalWORKs and CalFresh: work requirements.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Vetoed) 2018-09-29 - In Senate. Consideration of Governor's veto pending. [SB926 Detail]
Download: California-2017-SB926-Introduced.html
CALIFORNIA LEGISLATURE—
2017–2018 REGULAR SESSION
| Senate Bill | No. 926 |
| Introduced by Senator Skinner |
January 24, 2018 |
An act to amend Section 11320.31 of, and to add Section 11267 to, the Welfare and Institutions Code, relating to CalWORKs.
LEGISLATIVE COUNSEL'S DIGEST
SB 926, as introduced, Skinner.
CalWORKs: worker rights information.
Existing law provides for the California Work Opportunity and Responsibility to Kids (CalWORKs) program, under which each county provides cash assistance and other benefits to qualified low-income families and individuals. Existing law generally requires a recipient of CalWORKs benefits to participate in welfare-to-work activities as a condition of eligibility for aid. Existing law prohibits sanctions from being applied for a failure or refusal to comply with program requirements for, among other reasons, the employment, offer of employment, activity, or other training for employment discriminates on specified bases or involves conditions that are in violation of applicable health and safety standards, or the employment or offer of employment exceeds the daily or weekly hours of work customary to the occupation.
This bill would additionally
prohibit sanctions from being applied for a failure or refusal to comply with program requirements if the scheduled hours are, or would be, so unpredictable that they do not allow a participant to anticipate compliance with program requirements. The bill would require the county human services agency, upon notice from the recipient of the occurrence of discrimination or existence of conditions that are in violation of applicable health and safety standards, to inform the recipient on specified rights and remedies. The bill would also prohibit sanctions from being applied if the recipient certifies that the employment or offer of employment fails to comply with the Health Workplaces, Healthy Families Act of 2014, that his or her rights under the New Parent Leave Act, the Wage Theft Prevention Act of 2011, or the Domestic Worker Bill of Rights were violated, or that he or she experienced sexual harassment or other abusive conduct at the workplace. The bill would require the county human services agency, upon
notice from the recipient of any of these violations, to inform the recipient of specified rights and remedies. The bill would similarly prohibit an applicant for aid from being deemed ineligible for aid for voluntarily quitting a job based on the above-mentioned reasons, and would similarly require the county human services agency to inform the recipient of specified rights and remedies. By increasing the duties of local officials, the bill would impose a state-mandated local program.
The bill would require the State Department of Social Services to convene a workgroup, as specified, to develop instructions for county human services agencies on how to best inform applicants and recipients of aid of the above-mentioned rights and remedies. The bill would authorize the department to implement these provisions through an all-county letter or similar instruction from the director, until regulations are adopted on or before October 1, 2020.
Existing law continuously appropriates moneys from the General Fund to defray a portion of county costs under the CalWORKs program.
This bill would provide that the continuous appropriation would not be made for purposes of implementing the bill.
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.
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.
This act shall be known, and may be cited, as the Low-Income Worker Rights Information Act of 2018.SEC. 2.
The Legislature finds and declares all of the following:(a) Due to their precarious economic situations, low-income workers frequently have their rights violated.
(b) Low-income workers are often not scheduled enough hours to prevent poverty or to comply with public benefit work requirements.
(c) Low-income Californians should not be forced to seek employment or remain employed at a workplace that violates their basic worker rights.
(d) Low-income Californians should be informed about their worker rights when they seek public benefits or an
increase in public benefits due to a loss of job or reduction in hours.
SEC. 3.
Section 11267 is added to the Welfare and Institutions Code, to read:11267.
An applicant for aid shall not be deemed ineligible for aid for voluntarily quitting a job based on at least one of the reasons enumerated in subdivision (a) of Section 11320.31. If the applicant informs the county human services agency that he or she voluntarily quit a job for the reason specified in paragraph (1), (4), (8), (9), (10), (11), or (12) of subdivision (a) of Section 11320.31, the county human services agency shall inform the applicant of the rights and remedies specified in the applicable paragraph.SEC. 4.
Section 11320.31 of the Welfare and Institutions Code is amended to read:11320.31.
(a) Sanctions shall not be applied for a failure or refusal to comply with program requirements for reasons related to employment, an offer of employment, an activity, or other training for employment including, but not limited to, the following reasons:(a)
(1) The employment, offer of employment, activity, or other training for employment discriminates on any basis listed in subdivision (a) of Section 12940 of the Government Code, as those bases are defined in Sections 12926 and 12926.1 of the Government Code, except as otherwise provided in Section 12940 of the Government Code. If the recipient informs the county human services agency that he or she witnessed or experienced discrimination prohibited under subdivision (a) of Section 12940 of the Government Code, the county human services agency shall inform the recipient of the rights provided under that provision and the remedies provided through the Department of Fair Employment and Housing, as specified in Article 1 (commencing with Section 12960) of Chapter 7 of Part 2.8 of Division 3 of Title 2 of the Government Code.
(b)
(2) The employment or offer of employment exceeds the daily or weekly hours of work customary to the occupation. occupation, or the scheduled hours are, or would be, so unpredictable that they do not allow a recipient to anticipate compliance with program requirements.
(c)
(3) The employment, offer of employment,
activity, or other training for employment requires travel to and from the place of employment, activity, or other training and one’s a recipient’s home that exceeds a total of two hours in round-trip time, exclusive of the time necessary to transport family members to a school or place providing care, or, when walking is the only available means of transportation, the round-trip is more than two miles, exclusive of the mileage necessary to accompany family members to a school or a place providing care. An individual
A recipient who fails or refuses to comply with the program requirements based on this subdivision paragraph shall be required to participate in community service activities pursuant to Section 11322.9.
(d)
(4) The employment, offer of employment, activity, or other training for employment involves conditions that are in violation of applicable health and safety standards.
If the recipient informs the county human services agency that he or she witnessed violations of applicable health and safety standards, the county human services agency shall inform the recipient of the rights and remedies provided under the federal Occupational Safety and Health Act of 1970 (Public Law 91-596).
(e)
(5) The employment, offer of employment, or work activity does not provide for workers’ compensation insurance.
(f)
(6) Accepting the employment or work activity would cause an interruption in an approved education or job training program in progress that would otherwise lead to employment and sufficient income to be self-supporting, excluding work experience or community service employment as described in subdivisions (d) and (j) of Section 11322.6 and Section 11322.9 or other community work experience assignments, except that a recipient may be required to engage in welfare-to-work activities to the extent necessary to meet the hours of participation required by Section 11322.8.
(g)
(7) Accepting the employment, offer of employment, or work activity would cause the
individual recipient to violate the terms of his or her union membership.
(8) The recipient certifies that the employment or offer of employment fails to comply with the Healthy Workplaces, Healthy Families Act of 2014 (Article 1 (commencing with Section 245) of Chapter 1 of Part 1 of Division 2 of the Labor Code). If the recipient informs the county human services agency that the employment or offer of employment fails to comply with the act, the county human services agency shall inform the recipient of the rights and remedies provided under the act.
(9) The recipient certifies that he or she experienced sexual harassment or other abusive conduct at the employment workplace. If the
recipient informs the county human services agency that he or she was subject to sexual harassment or abusive conduct in the workplace, the county human services agency shall inform the recipient of the rights and remedies described in the sexual harassment and abusive conduct prevention training and education required pursuant to Section 12950.1 of the Government Code.
(10) The recipient certifies that his or her rights under the New Parent Leave Act (Section 12945.6 of the Government Code) were violated. If the recipient informs the county human services agency that he or she was subject to a violation of the act, the county human services agency shall inform the recipient of the rights provided under the act and the remedies provided through the Department of Fair Employment and Housing, as specified in Article 1 (commencing with Section 12960) of Chapter 7 of Part 2.8 of Division 3 of Title 2 of the Government Code.
(11) The recipient certifies that his or her rights under the Wage Theft Prevention Act of 2011 were violated. If the recipient informs the county human services agency that he or she was subject to a violation of the act, the county human services agency shall inform the recipient of the rights and remedies provided under the act.
(12) The recipient certifies that his or her rights under the Domestic Worker Bill of Rights (Part 4.5 (commencing with Section 1450) of Division 2 of the Labor Code) were violated. If the recipient informs the county human services agency that he or she was subject to a violation of the act, the county human services agency shall inform the recipient of the rights and remedies provided under the act.
(b) The State Department of Social Services shall convene a workgroup consisting of client advocates, representatives of county human services agencies, worker rights experts, and representatives of county eligibility workers, to develop instructions for county human services agencies on how to best inform applicants and recipients of aid of the rights and remedies specified in paragraphs (1), (4), (8), (9), (10), (11), and (12) of subdivision (a) when they have reported a violation of those rights.
