Anthony J. Portantino
- District 25
Existing law, the California Retail Food Code, establishes uniform health and sanitation standards for retail food facilities and delegates the enforcement of those standards to the State Department of Public Health and local health agencies. Existing law requires food employees to keep their hands and exposed portions of their arms clean, washing as specified, and regulates the provision of handwashing facilities. A violation of these provisions is a misdemeanor, punishable as prescribed. This bill would require a food employee working in any food facility to be permitted to wash their hands every 30 minutes and additionally as needed. By revising the standards enforced by local health agencies and changing the scope of an existing crime, the bill would impose a state-mandated local program. Existing law, the Healthy Workplaces, Healthy Families Act of 2014, entitles an employee who works in California for the same employer for 30 or more days within a year from the commencement of employment to paid sick days. Under existing law, an employee accrues paid sick days at a rate of not less than one hour per every 30 hours worked, subject to certain use, accrual, and yearly carryover limitations. Existing law authorizes an employer to use a different accrual method from that described above, provided that the accrual is on a regular basis so that the employee has no less than 24 hours of accrued sick leave or paid time off by the 120th calendar day of employment or each calendar year or in each 12-month period. Under existing law, an employer is not required to provide additional paid sick leave if the employer has a paid leave policy or paid time off policy and makes available an amount of leave to employees under the same conditions and the policy satisfies the accrual, carryover, and use requirements described above. Existing law requires an employer, in each workplace of the employer, to display a poster in a conspicuous place containing specified information on paid sick days. Existing law requires the Labor Commissioner to create a poster containing this information and make it available to employers. Existing law requires the Labor Commissioner to enforce the act and provides for procedures, including investigation and hearing, and for remedies and penalties. This bill would establish COVID-19 supplemental paid sick leave for food sector workers for the duration of any local emergency or state of emergency duly proclaimed under the California Emergency Services Act. The bill would require a hiring entity to provide a number of hours of COVID-19 supplemental paid sick leave, determined as prescribed, to each food sector worker who performs work for or through the hiring entity if that food sector worker is unable to work due to any of specified reasons relating to COVID-19. The bill would authorize a food sector worker to determine how many hours of this leave to use, up to the total number of hours to which the worker is entitled. Under the bill, the rate of compensation would be the highest of the worker's regular rate of pay in the last pay period, the state minimum wage, or an applicable local minimum wage, up to daily and aggregate total maximum payments. The bill would exempt a hiring entity from being required to provide the COVID-19 supplemental paid sick leave if the hiring entity provides the relevant food sector worker, as of the effective date of the bill's provisions, with a specified other supplemental benefit. The bill would define terms for these purposes. The bill would require the Labor Commissioner to enforce the bill provisions as if its leave provisions were paid sick days under specific provisions of existing law and would authorize a food sector worker to file a complaint with the Labor Commissioner. For purposes of enforcement, the bill would deem all food sector workers to be employees and any hiring entity to be an employer. The bill would require the Labor Commissioner, by February 1, 2021, to make publicly available a model notice for purposes of the posting requirements under existing law. The bill would permit notice by electronic means in lieu of posting, for purposes of COVID-19 supplemental paid sick leave only, if a hiring entity's food sector workers do not frequent a workplace. 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.
From committee: Be re-referred to Com. on L. & E. (Ayes 7. Noes 0.) (June 29). Re-referred to Com. on L. & E.
In Assembly. Read first time. Held at Desk.
Read third time. Passed. (Ayes 38. Noes 0. Page 1193.) Ordered to the Assembly.
Read second time. Ordered to third reading.
From committee: Do pass. (Ayes 6. Noes 0. Page 1108.) (May 16).
Set for hearing May 16.
April 29 hearing: Placed on APPR. suspense file.
Set for hearing April 29.
From committee: Do pass and re-refer to Com. on APPR. (Ayes 7. Noes 0. Page 650.) (April 10). Re-referred to Com. on APPR.
Set for hearing April 10.
From printer. May be acted upon on or after March 27.
Read first time.
Introduced. To Com. on RLS. for assignment. To print.
|Bill Text Versions||Format|
|02/22/19 - Introduced|
|03/27/19 - Amended Senate|
|06/25/20 - Amended Assembly|
|No related documents.|
Data on Open States is updated nightly from the official website of the California State Legislature.
If you notice any inconsistencies with these official sources, feel free to file an issue.