AB 84

  • California Assembly Bill
  • 2021-2022 Regular Session
  • Introduced in Assembly
  • Passed Assembly Jan 15, 2021
  • Senate
  • Governor

Employment: rehiring and retention: displaced workers.

Abstract

Existing law governs employment relations, defines the contract of employment, and establishes the obligations of employers to their employees. This bill would, until December 31, 2024, require an employer, as defined, to offer its laid-off employees specified information about job positions that become available for which the laid-off employees are qualified, and to offer positions to those laid-off employees based on a preference system, in accordance with specified timelines and procedures. The bill would define the term "laid-off employee" to mean any employee who was employed by the employer for 6 months or more in the 12 months preceding January 1, 2020, and whose most recent separation from active service was due to a reason related to the COVID-19 pandemic, including a public health directive, government shutdown order, lack of business, a reduction in force, or other economic, nondisciplinary reason related to the COVID-19 pandemic. The bill would require an employer to keep records for 3 years, including records of communications regarding the offers. The bill would require an employer that declines to recall a laid-off employee on the grounds of lack of qualifications and instead hires someone other than a laid-off employee to provide the laid-off employee a written notice within 30 days including specified reasons for the decision, and other information on those hired. This bill would, until December 31, 2024, prohibit an employer from refusing to employ, terminating, reducing compensation, or taking other adverse action against any person for seeking to enforce their rights under these provisions. The bill would establish specified methods by which these provisions may be enforced, including authorizing an employee to file a complaint with the Division of Labor Standards Enforcement against the employer for specified relief, including hiring and reinstatement rights and awarding of back pay, as well as a civil penalty. The bill would authorize the Division of Labor Standards Enforcement to promulgate and enforce rules and regulations, and issue determinations and interpretations concerning these provisions. The bill would prohibit criminal enforcement. This bill would appropriate $6,000,000 and make available through June 30, 2025, from the Labor and Workforce Development Fund to the Labor Commissioner for staffing resources to implement and enforce the provisions related to the rehiring and retention of workers displaced due to the COVID-19 pandemic. This bill would declare that it is to take effect immediately as a bill providing for appropriations related to the Budget Bill.

Bill Sponsors (1)

Committee on Budget

     
Author

Votes


Actions


Apr 08, 2021

Senate

From committee chair, with author's amendments: Amend, and re-refer to committee. Read second time, amended, and re-referred to Com. on B. & F.R.

  • Amendment-Introduction
  • Amendment-Passage
  • Reading-1
  • Reading-2
  • Referral-Committee
Com. on B. & F.R.

Apr 07, 2021

Senate

Re-referred to Com. on B. & F.R.

  • Referral-Committee
Com. on B. & F.R.

Mar 16, 2021

Senate

Read second time. Ordered to third reading.

Mar 15, 2021

Senate

From committee: Do pass. (Ayes 13. Noes 5.) (March 15).

Mar 12, 2021

Senate

From committee chair, with author's amendments: Amend, and re-refer to committee. Read second time, amended, and re-referred to Com. on B. & F.R.

  • Amendment-Introduction
  • Amendment-Passage
  • Reading-1
  • Reading-2
  • Referral-Committee
Com. on B. & F.R.

Mar 08, 2021

Senate

In committee: Hearing postponed by committee.

Mar 03, 2021

Senate

In committee: Hearing postponed by committee.

Feb 22, 2021

Senate

From committee chair, with author's amendments: Amend, and re-refer to committee. Read second time, amended, and re-referred to Com. on B. & F.R.

  • Amendment-Introduction
  • Amendment-Passage
  • Reading-1
  • Reading-2
  • Referral-Committee
Com. on B. & F.R.

Feb 18, 2021

Senate

In committee: Hearing postponed by committee.

Feb 16, 2021

Senate

Joint Rule 62(a), file notice suspended.

Jan 25, 2021

Senate

Referred to Com. on B. & F.R.

  • Referral-Committee
Com. on B. & F.R.

Jan 15, 2021

Senate

In Senate. Read first time. To Com. on RLS. for assignment.

Assembly

Read third time. Passed. Ordered to the Senate. (Ayes 48. Noes 13. Page 162.)

Jan 12, 2021

Assembly

Read second time. Ordered to third reading.

Jan 11, 2021

Assembly

Without reference to committee.

Assembly

(Ayes 46. Noes 13. Page 108.)

Assembly

Ordered to second reading.

Dec 08, 2020

Assembly

From printer. May be heard in committee January 7.

Dec 07, 2020

Assembly

Read first time. To print.

Bill Text

Bill Text Versions Format
AB84 HTML
12/07/20 - Introduced PDF
02/22/21 - Amended Senate PDF
03/12/21 - Amended Senate PDF
04/08/21 - Amended Senate PDF

Related Documents

Document Format
No related documents.

Sources

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