Labor and Employment

Passed
AB 2319 (Wilson, D-Suisun City)
Follow
Signed by the governor on Sept. 26.

AB 2319 expands provisions of the California Dignity in Pregnancy and Childbirth Act (Chapter 533, Statutes of 2019). Specifically, it requires hospitals to provide implicit bias training to all employees regularly assigned to positions that interact with perinatal patients. Hospitals are 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 is 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 is authorized to post hospitals’ compliance records on its website. CHA worked 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
Passed
AB 2975 (Gipson, D-Gardena)
Neutral
Signed by the governor on Sept. 27.

AB 2975 requires the Division of Occupational Safety and Health (better known as Cal/OSHA) Standards Board to amend the existing Workplace Violence Prevention in Health Care standards 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. Amendments taken in the Senate Appropriations Committee include, among others, requiring the Cal/OSHA Standards Board to amend the standard by 2027 instead of 2025; requiring hospitals to comply within 90 days after the standard is adopted; removing the requirement for hospital policy to include storage and confiscation of a detected weapon; and allowing handheld metal detector wands to be the sole device in hospital entrances with existing spacing limitations, as well as for long-term care hospitals or inpatient rehabilitation facilities.

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
Not Passed
ACA 14 (Ortega, D-Hayward)
Oppose
Passed the Assembly floor on May 23. Pending a Senate policy committee referral.

ACA 14 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
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 399 (Wahab, D-Fremont)
Oppose Through Coalition
Signed by the governor on Sept. 27.

SB 399 prohibits an employer from taking an adverse action against an employee who declines to attend an employer-sponsored meeting or participate in, receive, or listen to communications regarding the employer’s opinion about religious or political matters. SB 399 enables the employee to bring a civil action for damages and injunctive relief.

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
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
Not Passed
SCA 8 (Durazo, D-Los Angeles)
Oppose
Introduced on Sept. 13. Pending referral to a Senate policy committee.

SCA 8 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