Labor and Employment

Pending
AB 2319 (Wilson, D-Suisun City)
Follow
Passed the Senate Judiciary Committee on July 2. Aug. 5 hearing in the Senate Appropriations Committee.

AB 2319 would expand provisions of the California Dignity in Pregnancy and Childbirth Act (Chapter 533, Statutes of 2019). Specifically, it would require hospitals to provide implicit bias training to all employees regularly assigned to positions that interact with perinatal patients. Hospitals would be required to annually submit proof of compliance to the attorney general (AG). If a hospital’s proof of compliance shows a “systemic failure” of employees to complete the training, a facility would be liable for a fine of $5,000 for the first violation and $15,000 for each subsequent violation. Systemic failure means the lesser of the following:

  • 10% or more of providers failing to complete the training, provided that if only one or two providers did not receive the training, the facility was provided a reasonable opportunity to cure, or
  • 25 providers failing to complete the training. 

The bill also specifies that failure by a physician who is not directly employed by the facility is not counted toward the percentage of providers failing to complete the required training, provided that the facility offered the training to the physician. The AG would be authorized to post hospitals’ compliance records on its website. CHA has been working closely with the author and bill sponsors in securing amendments that recognize hospitals’ good faith efforts to implement the bill. 

Vanessa Gonzalez

Job title:
VP State Advocacy
Phone number:
916-552-7670

Peggy Wheeler

Job title:
VP Policy
Phone number:
916-552-7689
Pending
AB 2975 (Gipson, D-Gardena)
Oppose Unless Amended
Passed the Senate Health Committee on July 3. Aug. 5 hearing in the Senate Appropriations Committee.

AB 2975 would require the Division of Occupational Safety and Health (better known as Cal/OSHA) Standards Board to amend the existing Workplace Violence Prevention in Health Care regulation to require weapons detection screening monitored by trained non-patient care personnel at the hospital’s main public entrance, emergency department entrance, and labor and delivery entrance, if separately accessible to the public. CHA continues to work with the author and sponsors on amendments to address remaining concerns.

Kalyn Dean

Job title:
VP State Advocacy
Phone number:
916-552-7535

Erika Frank

Job title:
Vice President Legal Counsel
Phone number:
916-552-7622
Not Passed
ACA 6 (Haney, D-San Francisco)
Oppose
Failed to pass when reconsidered by the Senate Elections and Constitutional Amendments Committee on June 11.

ACA 6 would have required the University of California (UC) system to submit all service contracts to the State Personnel Board, in effect banning the UC health system from using registry nurses and temporary staff.

Erika Frank

Job title:
Vice President Legal Counsel
Phone number:
916-552-7622
Pending
ACA 14 (Ortega, D-Hayward)
Oppose
Passed the Assembly floor on May 23. Pending a Senate policy committee referral.

ACA 14 would require the University of California (UC) system to submit all service contracts to the State Personnel Board, in effect banning the UC health system from using registry nurses and temporary staff.

Erika Frank

Job title:
Vice President Legal Counsel
Phone number:
916-552-7622
Passed
PAGA REFORM
Support Through Coalition
AB 2288 and SB 92 were signed by the governor on July 1.

AB 2288 (Kalra, D-San Jose) and SB 92 (Umberg, D-Santa Ana) collectively represent agreed upon reforms to California’s Private Attorneys General Act (PAGA). AB 2288 includes provisions that reduce and cap penalties for violations of the Labor Code, new standing requirements, and steps employers may take to reduce their liability. SB 92 contains a new right to cure process for employers and increases judicial discretion.

Erika Frank

Job title:
Vice President Legal Counsel
Phone number:
916-552-7622
Passed
SB 828 (Durazo, D-Los Angeles)
Support
Signed by the governor on May 31.

SB 828 moves the initial health care minimum wage implementation date and all future wage adjustments from June 1 to July 1. This is needed to address state budget concerns.

Erika Frank

Job title:
Vice President Legal Counsel
Phone number:
916-552-7622
Not Passed
SB 1116 (Portantino, D-Glendale)
Oppose Through Coalition
Failed to pass the Assembly Insurance Committee on June 26.

SB 1116 would have allowed employees who are unable to work due to a lockout to receive unemployment insurance benefits after a two-week waiting period.

Erika Frank

Job title:
Vice President Legal Counsel
Phone number:
916-552-7622
Pending
SCA 8 (Durazo, D-Los Angeles)
Oppose
Introduced on Sept. 13. Pending referral to a Senate policy committee.

SCA 8 would require the University of California (UC) system to submit all service contracts to the State Personnel Board, in effect banning the UC health system from using registry nurses and temporary staff.

Erika Frank

Job title:
Vice President Legal Counsel
Phone number:
916-552-7622