2021 Legislative Summary, Employment Law – Part 4
December 23, 2021 by Stephanie Platenkamp, Kena Cador, Sarah Kanbar, Gianpaolo Ciocco, Angela Yahaira Breining, Ruby Acevedo and Andrew Baker
We are presenting our annual Legislative Summary of Employment Law in four parts this year. This is Part Four.Penalties for Violating the PECC (SB 270)
In anticipation of the Supreme Court’s decision in Janus banning public sector agency fee requirements, the California legislature in 2017 enacted the Public Employee Communication Chapter (“PECC”). Under the PECC, public sector employers are required to provide an exclusive bargaining representative with the “name, job title, department, work location, work, home, and personal cellular telephone numbers, personal email addresses on file with the employer, and home address” of new bargaining unit employees within 30 days of hire and of all bargaining unit employees every 120 days. SB 270 vests PERB with jurisdiction over claims that a public sector employer fails to provide the information. Before a labor union can file a charge, the union must give the employer written notice of a violation; the employer then has 20 days to cure the violation. The employer may avail itself of the cure provision only three times in a 12-month period. If the employer fails to cure a violation, then the labor union may proceed with an unfair practice charge. In addition to other remedies that are available through a PERB unfair practice charge, this bill authorizes PERB to award a civil penalty of up to $10,000, which is paid to the State General Fund, and PERB will award attorney’s fees to the prevailing party. This bill takes effect July 1, 2022.
This bill makes it an unfair labor practice for a public employer in California to stop providing, or paying for, health insurance for striking workers and their dependents. For purposes of health care or other medical coverage, the bill requires employees participating in an “authorized strike” to be treated as if they are working for the duration of the strike. An “authorized strike” is defined as a strike sanctioned by the central labor council or the membership of a union representing the striking workers, or one that is engaged in by unrepresented workers. The bill also makes it an unfair practice for a public employer to fail to collect and remit the striking workers’ contributions to their health care or other medical coverage. PERB has jurisdiction to enforce these provisions.
The material on this website is provided by Beeson, Tayer & Bodine for informational purposes only and does not constitute legal advice. Readers should consult with their own legal counsel before acting on any of the information presented. Some of the articles are updated periodically, and are marked with the date of the last update. Again, readers should consult with their own legal counsel for the most current information and to obtain professional advice before acting on any of the information presented.