2019 California Employer/Employee Legislation

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California State Assembly Bills:

AB 8 (Chu): Would require on or before December 31, 2022, a school district, county office of education, and a charter school shall have at least one mental health professional for every 400 pupils.

AB 9 (Reyes): Extends from 1 year to 3 years for an unlawful employment claim to be filed under the CA Fair Employment and Housing Act.

AB 25 (Chau): Exempts employer to employee records from the provisions of the CA Consumer Privacy Act.

AB 35 (Kalra): Requires the State Dept. of Public Health to report that a blood level above 25 mg is injurious to an employee’s health and would subject the employer or place of employment to an investigation and allows for citations or fines.

AB 51 (Gonzalez): Prohibits as a condition of employment the disclosure of an instance of sexual harassment that the employee suffers, witnesses, or discovers in the workplace.

AB 70 (Berman): Spot bill to enact legislation to support youth mental health in schools.

AB 170 (Gonzalez): Requires the client employer to share with a labor contractor all civil responsibility and liability for harassment for all workers provided by the labor contractor.

AB 171 (Gonzalez): Prohibits an employer from discriminating or retaliating against an employee because of the employee’s status as a victim of sexual harassment and establishes a rebuttable presumption of unlawful retaliation based on the employee’s status as a victim of domestic violence, sexual assault, sexual harassment, or stalking if an employer takes actions within 90 days following the date of notice to the employer.

AB 177 (Low): Designates election-day as a state holiday.

AB 182 (Rivas, Luz): Requires the CTC to establish a workgroup to determine whether a single subject in computer science is warranted and if so, to consider requirements for that credential.

AB 189 (Kamlager-Dove): Adds a qualified autism service provider, qualified autism service professional, and qualified autism service paraprofessionals to those who are required mandated reporters.

AB 196 (Gonzalez): State’s legislative intent to expand paid family leave in order to provide a 100% wage replacement benefit for workers earning $100,000 or less annually.

AB 197 (Weber): Requires beginning in the 2022-23 school year, full-day kindergarten.

AB 218 (Gonzalez): Expands the statute of limitations of childhood sexual assault prospectively and retroactively. For retroactive cases, the victim is entitled to treble damages.

AB 221 (Garcia, Cristina): Beginning in the 2020-21 school year, prohibits a LEA and charter school from contracting with a third party organization to employ teachers who don’t commit to teaching for 5 years, work  in a Title I school, or pay the organization for interviewing or hiring a candidate.

AB 258 (Jones-Sawyer): Legislative intent to increase in-school support services to pupils in order to break down barriers to academic success.

AB 314 (Bonta): Expands and universally apply reasonable time off without loss of compensation to public employees to engage in union activities.

AB 346 (Cooper): Add school police officers to the list of public employees entitled to a leave of absence without loss of salary, in lieu of temporary disability payments, while disabled by injury or illness due to their work.

AB 403 (Kalra): Extends from 6 months to 3 years the duration an individual who has been discharged or discriminated against under the jurisdiction of the Labor Commissioner to file a complaint.

AB 406 (Limon): Ensures Paid Family Leave forms are language-accessible.

AB 418 (Kalra): Establishes confidential privilege between a union representative and represented employee.

AB 443 (Flora): Extends from 21 days to 28 days for an employer to respond to an employee request to review their employment records.

AB 457 (Quirk): Requires Cal-OSHA to complete their rulemaking on lead exposure by Feb. 1, 2020.

AB 493 (Gloria): Requires an annual training during a staff meeting to provide all certificated employees in grades  7-12 on school site and community resources for LGBTQ students.  The bill would be implemented  only if resources from the budget are allocated.

AB 499 (Mayes): Extends from 30 days to 45 days for an individual to file an appeal to the Insurance Commissioner for a denial of workers’ compensation benefits.

AB 500 (Gonzalez): Requires school districts, charter schools, and community colleges to provide at least  6 weeks of leave and authorizes the paid leave to begin before and continue after childbirth if the employee is disabled by the pregnancy or childbirth.

AB 525 (Rivas, Luz): Requires the CTC to periodically provide reports and recommendations to the Legislature regarding the state’s teacher workforce for purposes of developing and reviewing state policy, identifying workforce trends and future needs.

AB 555 (Gonzalez): Spot bill to address employee sick leave.

AB 578 (Mullin): Establishes the CA STEM Professional Teaching Pathway to recruit, train, support, and retain qualified STEM professionals as math and science teachers.

AB 628 (Bonta): Adds sexual harassment to the list of employment protections employment protections and extends the employment protections to family members of victims of sexual harassment.

AB 673 (Carrillo): Authorizes an employee who has not been paid to bring an action to recover civil damages against the employer in an amount equal to the penalties provided by the Labor Commissioner.

AB 711 (Chu): Requires a school district to update a former student’s records if the school district receives government-issued documentation demonstrating that the former pupil’s name or gender has been changed.

AB 750 (Chen): Spot bill to supply all public elementary and secondary schools with a school resource officer.

AB 758 (Carrillo): Clarifies that wage rates cannot discriminate on sex including gender identity or gender- related appearance.

AB 830 (Chen): Spot bill to increase overall state funding for elementary and public schools to support hiring more teachers.

AB 843 (Rodriguez): Appropriates $5 million from the general fund to award 7,200 new warrants for the assumption of loan program for teachers in math, science, special ed, or CTE who teach in district that is in need of differentiated assistance (APLE).

AB 918 (Smith): Requires CDE in coordination with relevant state and local agencies to develop and submit recommendations to the Legislature to develop a system through which qualified mental health professionals and other key school personnel employed by local educational agencies could be rapidly deployed on a short or long term basis to an area of the state that has experienced a natural disaster or other traumatic event.

AB 928 (Grayson): Spot bill to enact legislation to implement an administrative subpoena process for collecting evidence of internet crimes against children.

AB 988 (Berman): Authorizes the CTC to allow an out-of-state education specialist credential holder to demonstrate the area of concentration based on 2 years of experience in CA while the candidate holds a preliminary credential.

AB 989 (Gonzalez): Requires every school district, county office of education, and charter school to establish a toll-free telephone hotline monitored by the designated Title IX coordinator for monitoring complaints of harassment and discrimination on the basis of sex.

AB 1012 (Reyes): Appropriates $114,000,000 for fiscal years 2020-2023 to support the expansion of biliteracy and bilingualism for all pupils.

AB 1021 (Frazier): Requires school districts to provide summer school instruction for pupils with exceptional needs on weekdays from the last day of the regular school year to the first day of summer school and from the last day of summer school to the first day of the regular school year.

AB 1041 (Weber): Enacts Uplift Teaching Corps Act of 2019 to establish grants administered by the CTC to provide one-time competitive grants to school districts, county offices of education, and charter schools to establish new or expand existing teacher-based residency programs to teach in high-needs schools.

AB 1066 (Gonzalez): Spot bill regarding unemployment benefits.

AB 1078 (Weber): Extends the teacher probation period from 2 to 3 years.

AB 1119  (Garcia, Eduardo):  Spot bill  to address opportunities for small  school districts to expand their  pool of eligible substitute teachers.

AB 1124 (Mainschein): Requires Cal-OSHA buy 6-13-19 to develop regulations that require employers to make respirators available to outdoor workers on any day the outdoor worker could be expected to be exposed to harmful levels of smoke while working.

AB 1214 (Melendez): Requires a school district to offer CPR at least once every 2 years.

AB 1219 (Jones-Sawyer): Requires the CTC to administer a State Assignment Accountability System to provide LEAs with a system for teacher assignment monitoring.

AB 1224 (Gray): Eliminates the 1,250 hours of service within the last 12 months in order to receive CFRA.

AB 1318 (Mullin): Permits the use of capital outlay funds for acquisition of property for use as school district employee housing.

AB 1337 (Maienschein): Establishes the Teaching as a Priority Block Grant program to be administered by CDE to allocate competitive on a per-pupil basis to school identified for comprehensive or targeted support. The funding would be used for teacher recruitment and retention incentives with the goal of reducing the number of teachers on emergency permits.

AB 1353 (Wicks): Shortens the probationary period for non-merit district classified employees from 1 year to 6 months or 130 days of paid service, whichever is longer.

AB 1376 (Ramos): Spot bill to allow employers who require background checks and security clearance to recognize federal military security clearances.

AB 1410 (Quirk-Silva): Establishes the Computer Science Access Initiative, administered by CDE in consultation with the CTC, to grant awards on or before Jul 1, 2020, to increase the number of teachers authorized and trained in computer science instruction.

AB 1450 (Lackey): Requires each county, by January 1, 2030, to establish a private and secure online database for cross-reporting substantiated reports of child abuse and neglect.

AB 1623 (Rivas): Establishes the Golden State Teacher Grant Program, administered by the Student Aid Commission, for each student enrolled in an approved teacher credentialing  program  who  commits  to  working in a high-need field for  4 years after  the student receives a preliminary teaching credential.  This  bill is based on a budget appropriation.

AB 1658 (Carrillo): Requires the CTC to convene a workgroup to study issues relating to adult education teacher credentialing.

AB 1765 (O’Donnell): Requires the CTC, whenever possible, to impose adverse action that is intended to aid in the rehabilitation of the credential holder.

AB 1797 (Smith): Requires the CDE to submit a report to the legislature by December 31, 2020 with recommendations on teacher induction and teacher credentialing.

California State Senate Bills:

SB 135 (Jackson): Prohibits an employer with 5 or more employees to refuse to grant an employee a request to take up to 12 weeks of unpaid leave for family care and medical leave if the employee had 180 days of service with the employer and expands the definition of family care and medical leave.

SB 174 (Leyva): Requires the SPI to implement a reimbursement system plan that establishes reasonable standards and assigned reimbursement rates that would vary with additional factors, including a quality adjustment factor to address the cost of staffing ratios.

SB 188 (Mitchell): Specifies that what constitutes race prohibited by the Education Code include traits historically associated with race, including, but not limited to, hair texture and protective hairstyles.

SB 223 (Hill): Authorizes a school district to allow for the application of medical marijuana by a parent or guardian on a school campus.

SB 229 (Hertzberg): Provides timely relief to workers who have been retaliated against.

SB 328 (Portantino): Requires middle and high schools to begin no earlier than 8:30 a.m.

SB 354 (Durazo): Expands DREAM loan eligibility to a student enrolled in a program of study leading to a professional or graduate degree, including for a teaching credential.

SB 390 (Umberg): Requires school security officers and guards who work less than 20 hours per week to receive the same school training as full-time officers and guards.

SB 408 (Moorlach): Spot bill to enact legislation to provide appropriate resources to educators when a student disrupts school activities.

SB 428 (Pan): Requires an applicant for a teaching credential to complete a course in youth mental health first aid and authorizes a teacher to provide youth mental health first aid to a student and removes liability for the teacher who provides the aid.

SB 478 (Rubio): Replaces one member of the public serving on the CTC with a public school  HR  administrator.

SB 585 (Wieckowski): Requires the CDE to develop a plan to require all non-unified school district to become unified with some exceptions.

SB 599 (Morell): Spot bill regarding school employee awards.

SB 679 (Bates): Replaces the requirement that an education is substantially equivalent for marriage and family therapists, clinical social workers, or professional clinical counselors, to a master’s or doctoral degree.

SB 709 (Morrell): Requires all school district employee applicants to sign  several  documents  regarding  his/her prior employment with children and any type  of  discipline/allegations/investigations/etc.  regarding child abuse or sexual misconduct, and requires the district to do a background check  on  each  of  the  employers prior to hiring anyone who will have direct contact with children.

SB 408 (Moorlach): Legislative intent to provide appropriate resources for educators when a pupil disrupts school activities.

SB 734 (Borgeas): Spot bill regarding overtime pay.

SB 778 (Committee on Labor): Clean-up of SB 1343 (Mitchell) that requires annual and bi-annual training on sexual harassment.

Visit ACSA Advocacy for more information on current legislation.

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