2022 Annual Legislative Summary, Public Sector Developments – Part 2
January 6, 2023 by Beeson Tayer & BodineWe are presenting our annual Legislative Summary in four parts this year – this is part two:
AB 204 – Bonuses for Community Health Clinic Workers
by Sarah Kanbar
As part of a larger health care bill, AB 204 provides for retention bonuses of up to $1,000 for employees at public sector health clinics serving Medi-Cal beneficiaries and other low income populations, including federally qualified health centers (FQHCs) and rural health clinics (RHCs). The bonuses are not available to managers or supervisors.
SB 191 – Ensuring Union Access to Public Sector Workers at New Employee Orientations
by Kelli Sanshey
This bill, until June 31, 2025, requires that an exclusive representative be entitled to schedule an in-person meeting at the worksite during employment hours if a public employer has not conducted an in-person new employee orientation within 30 days. SB 191 requires that newly hired employees be relieved of other duties in order to attend the meeting, during which an exclusive representative would be authorized to communicate with newly hired employees in the applicable bargaining unit for up to 30 minutes on paid time. This bill further requires employers to provide appropriate onsite meeting space within 7 calendar days of receiving a request from an exclusive bargaining representative.
If the state or a local public health agency issues an order limiting the size of gatherings or prohibiting gatherings, SB 191 authorizes an exclusive representative to schedule multiple meetings or schedule a meeting or meetings once the order is lifted or modified. SB 191 generally authorizes the employer and the exclusive representative, through mutual agreement, to waive or modify these and other specified requirements.
SB 931 – Civil Penalties Against Public Employers for Deterring Union Membership
by Angela Yahaira Breining
Effective January 1, 2023, this bill permits an employee organization to file a claim against an employer before the Public Employee Relations Board (PERB) alleging violations of Government Code section 3550, which prohibits a public employer from deterring or discouraging public employees or applicants from becoming or remaining members of an employee organization. Fines are $1,000 per affected employee, not to exceed $100,000. PERB will award attorney’s fees and costs to a prevailing employee organization unless the Board finds the claim was frivolous, unreasonable, or groundless.
SB 1100 – Amends Brown Act to Authorize Removal of Individual for Disrupting Meeting
by Sarah Kanbar
SB 1100 authorizes a legislative body conducting a meeting to remove an individual from the meeting for disrupting the meeting. “Disrupting” as defined by the bill, means engaging in behavior that actually disrupts, disturbs, impedes, or renders infeasible the orderly conduct of the meeting and includes, but is not limited to: (1) failure to comply with reasonable and lawful regulations adopted by a legislative body; or (2) engaging in behavior that constitutes use of force or a true threat of force. “True threat of force” means a threat that has sufficient indicia of intent and seriousness, that a reasonable observer would perceive it to be an actual threat to use force by the person making the threat.
SB 1334 – Meal and Rest Breaks for Public Sector Health Care Workers
by Sarah Kanbar
This bill adds a new section to the Labor Code (Section 512.1) that applies the same rules about rest and meal breaks to health care workers who work directly for a public agency in California. The rules provide for a 30-minute unpaid meal break during shifts over 5 hours, with a second meal break for shifts over 10 hours, and a 10-minute rest period for every 4 hours worked. If the public employer does not provide a rest period, the employee is entitled to one extra hour of pay at their regular rate for every day a meal or rest break is not provided. There is an exception for employees covered by a collective bargaining agreement that provides for meal and rest breaks and for the same (or greater) penalty pay for missed breaks.
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.