- District 66
Existing law, the Healthy Workplaces, Healthy Families Act of 2014, requires employers to provide an employee, who works in California for 30 or more days within a year from the commencement of employment, with paid sick days for prescribed purposes, to be accrued at a rate of no less than one hour for every 30 hours worked. Existing law authorizes an employer to limit an employee's use of paid sick days to 24 hours or 3 days in each year of employment. Existing law charges the Labor Commissioner, who is the Chief of the Division of Labor Standards Enforcement, with enforcement of various labor laws. This bill, the Health Care Workers Recognition and Retention Act, would require a health care provider, as defined, to pay hazard premium pay in the amount of $5 per hour to each of its health care workers for each hour of work performed. The bill would define "health care provider" for purposes of these provisions to include specified types of licensed clinics, outpatient settings of a health facility, physician's offices, home health agencies, and various other medical service entities, if owned and operated by a person or other entity with 100 or more employees in the state, subject to certain exceptions. The bill would provide this hazard pay is in addition to all other compensation due and is not part of the health care worker's regular rate of pay or compensation. The bill would make it a violation of these provisions for a health care provider to reduce a health care worker's compensation or hours so as to prevent that worker from receiving hazard pay, as specified. The bill would state the intent of the Legislature to make these provisions apply retroactively to the payment of hazard premium pay beginning January 1, 2021. The bill would require a health care provider, to the maximum extent permitted by law, to be required to pay back hazard premium pay, retroactively to January 1, 2021, to each health care worker it employs who is entitled to that payment and has not received it. The bill would make these provisions inoperative when the state of emergency relating to the COVID-19 pandemic terminates, as specified. The bill would make a health care provider who violates these provisions liable for wages, civil penalties, and reasonable attorney's fees and costs, as specified. The bill would also authorize the commissioner to issue a citation against a health care provider or other person acting on behalf of the health care provider who violates this part, in accordance with certain procedures. The bill would include related legislative findings.
No votes to display
From committee chair, with author's amendments: Amend, and re-refer to Com. on L. & E. Read second time and amended.
From printer. May be heard in committee March 15.
Read first time. To print.
|Bill Text Versions||Format|
|02/12/21 - Introduced|
|03/25/21 - Amended Assembly|
|No related documents.|
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