California Bills: Search Results

Results 1-10 of 4,846 bills

AB 2677 (2011-2012) -

Public works: wages: employer payment contributions

Sandre Swanson / The bill has become law (chaptered).

AB 2675 (2011-2012) - An Act to Amend Section 2751 of the Labor Code, Relating to Employment.

Employment contract requirements

Sandre Swanson / The bill has become law (chaptered).

Existing law requires that whenever an employer enters into a contract of employment with an employee for services to be rendered within this state and the contemplated method of payment of the employee involves commissions, the contract must be in writing and set forth the method by which the commissions are to be computed and paid. This bill would exempt from this requirement temporary,… More
Existing law requires that whenever an employer enters into a contract of employment with an employee for services to be rendered within this state and the contemplated method of payment of the employee involves commissions, the contract must be in writing and set forth the method by which the commissions are to be computed and paid. This bill would exempt from this requirement temporary, variable incentive payments that increase, but do not decrease, payment under the written contract. Hide

AB 2674 (2011-2012) - An Act to Amend Sections 226 and 1198.5 of the Labor Code, Relating to Employment.

Employment records: right to inspect

Sandre Swanson / The bill has become law (chaptered).

(1)Existing law requires that every employer, semimonthly or at the time of each payment of wages, furnish to each of his or her employees, either as a detachable part of the check, draft, or voucher paying the employee’s wages, or separately when wages are paid by personal check or cash, an accurate itemized statement in writing showing specified items. Existing law requires an employer to… More
(1)Existing law requires that every employer, semimonthly or at the time of each payment of wages, furnish to each of his or her employees, either as a detachable part of the check, draft, or voucher paying the employee’s wages, or separately when wages are paid by personal check or cash, an accurate itemized statement in writing showing specified items. Existing law requires an employer to keep a copy of the statement and the record of deductions on file for at least 3 years at the place of employment or at a central location within the State of California. This bill would provide that the term “copy,” for purposes of these provisions, includes a duplicate of the itemized statement provided to an employee or a computer-generated record that accurately shows all of the information that existing law requires to be included in the itemized statement. (2)Under existing law, an employee has the right to inspect the personnel records that his or her employer maintains relating to the employee’s performance or to any grievance concerning the employee. This bill would require an employer to maintain personnel records for a specified period of time and to provide a current or former employee, or his or her representative, an opportunity to inspect and receive a copy of those records within a specified period of time, except during the pendency of a lawsuit filed by the employee or former employer relating to a personnel matter. The bill would provide that an employer is not required to comply with more than 50 requests for a copy of the above-described records filed by a representative or representatives of employees in one calendar month. The bill would provide that the above provisions shall not apply with respect to an employee covered by a valid collective bargaining agreement if the agreement provides, among other things, for a procedure for inspection and copying of personnel records. In the event an employer violates these provisions, the bill would permit a current or former employee or the Labor Commissioner to recover a penalty of $750 from the employer, and would further permit a current or former employee to obtain injunctive relief and attorney’s fees. Under existing law, an employer who fails to permit an employee to inspect the employee’s personnel records is guilty of a misdemeanor punishable by a fine or imprisonment, as specified. This bill would, instead, provide that a violation of the above provisions requiring that personnel records be made available for inspection constitutes an infraction. Although this bill would change a violation of the above provisions requiring that personnel records be made available for inspection from a misdemeanor to an infraction, by expanding the scope of what would constitute an infraction, this bill would impose a state-mandated local program. (3)The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement. This bill would provide that no reimbursement is required by this act for a specified reason. (4)This bill would incorporate changes to Section 226 of the Labor Code proposed by AB 1744 and SB 1255, to be operative only if this bill and either or both of those bills are chaptered and became effective on or before January 1, 2013, and this bill is chaptered last. Hide

AB 2663 (2011-2012) - An Act to Amend Sections 22119.2, 22220, 22324, 22352, 22455, 22461, 22717, 22718, 23007, 23854, 24109, 24214, 24214.5, 24604, 25018, 25114, and 26812 Of, and to Repeal Sections 22218.5 and 24400 Of, the Education Code, and to Amend Section 6217.5 of the Public Resources Code, Relating to Teachers’ Retirement.

Teachers’ Retirement Law

Assembly Committee on Public Employees, Retirement and Social Security / The bill has become law (chaptered).

(1)The Teachers’ Retirement Law, which is administered by the Teachers’ Retirement Board, prescribes a comprehensive system of rights and benefits for members of the State Teachers’ Retirement System (STRS). That law establishes the Defined Benefit Program, which provides service and disability retirement benefits to members, subject to members and employers making specified contributions… More
(1)The Teachers’ Retirement Law, which is administered by the Teachers’ Retirement Board, prescribes a comprehensive system of rights and benefits for members of the State Teachers’ Retirement System (STRS). That law establishes the Defined Benefit Program, which provides service and disability retirement benefits to members, subject to members and employers making specified contributions to the Teachers’ Retirement Fund for that purpose, and also establishes the Defined Benefit Supplement Program to provide supplemental benefits for members of the Defined Benefit Plan. Under that law, any salary or other remuneration determined by the board to have been paid for the principle purpose of enhancing a member’s benefits under the plan is not credited under the Defined Benefit Program, but contributions on that compensation are credited to the Defined Benefit Supplement Program. This bill would expand the application of that provision, by replacing the term “salary or other remuneration” with “creditable compensation,” as defined. (2)Existing law requires the Teachers’ Retirement Board to file an annual report with the Governor and the Legislature by March 1 of each year, accompanied by specified information on the assets of the plan, including a certification letter from the system’s consulting actuary concerning the findings of the most recent actuarial valuation, along with summaries of the actuarial cost method, assumptions, and demographic data. Existing law also requires the board to annually report other investment information, including the cost of investment contracts used, to the Governor, the Legislature, the Department of Finance, and the Joint Legislative Budget Committee. This bill would revise, recast, and consolidate these reporting requirements. Among other changes, the bill would require that the certification letter from the system’s consulting actuary concerning the most recent actuarial valuation, provided along with the annual report, be accompanied by analysis of funding progress and include actual payroll subject to the system. The bill would require the board, as part of the annual report to the Governor and the Legislature, to also provide a report on the nature and cost of investment contract services used and a report for the prior fiscal year on the percentage of purchasing power protection and any changes adopted by the board, the extent to which inflation has eroded purchasing power of benefits, and other related information. The bill would delete a requirement that the board report to the fiscal committees of the Legislature and to the Director of Finance on the return on investments and actual payroll for the prior fiscal year and would also delete a requirement that the board report to the Governor, the Legislature, and the Joint Legislative Budget Committee on the nature, duration, and cost of investment contract services used. The bill would additionally delete a provision requiring the board report to the Governor and the Legislature no later than June 1 of each year on the extent to which inflation has eroded the purchasing power of benefits provided under the Defined Benefit Program. (3)Existing law allows the Teachers’ Retirement Board to perform any acts necessary for the administration of the STRS. Existing law also requires each member or beneficiary of the system to furnish to the board any information affecting his or her status as a member or beneficiary of the Defined Benefit Program as the board requires. Existing law also requires the county superintendent and other employing agencies to furnish any further information concerning any member or beneficiary the board may require. This bill would further require that any information or report required to be submitted to the system by an employer pursuant to specified provisions of law be submitted in a form, including, but not limited to, electronic transmission, as directed by the system. (4)Under the Teachers’ Retirement Law, upon retaining the services of a retired member, the school district, community college district, county superintendent of schools, California State University, or other employing agency is required to advise the retired member of certain limits on earnings and to maintain accurate records of the retired member’s earnings. This bill would require those employing agencies to also advise a retired member who is receiving a disability retirement or who is subject to postretirement employment within the California public school system, pursuant to specified provisions, of these earning limits, and to maintain accurate earnings’ records. (5)The Teachers’ Retirement Law grants a member credit, at service retirement, for each day of accumulated and unused leave of absence for illness or injury for which full salary is allowed to which the member was entitled on the member’s final day of employment with the employer subject to coverage by the Defined Benefit Program. This bill would instead grant a member credit, at service retirement, for each day of accumulated sick leave days for which full salary is allowed to which the member was entitled on the member’s final day of employment with the employer or employers subject to coverage by the Defined Benefit Program during the last school year in which he or she performed creditable service. The bill would require STRS to accept certification from each employer for that period with which the member has accumulated unused sick leave, if this leave has not been transferred to another employer. (6)Under existing law, the Teachers’ Retirement Board is required to bill school employers for service credit granted for unused excess sick leave. These provisions require that excess sick leave days granted by an employer other than the member’s last employer be deemed to be granted by the last employer and be included in the certification if the member was eligible to use those excess sick leave days while he or she was employed by the last employer. This bill would additionally specify that if, during the last year a member is employed to perform creditable service subject to coverage by the Defined Benefit Program that member is employed by more than one employer, unused excess sick leave days shall be certified and paid for by the employer for the period in which the member was eligible to use those excess sick leave days. (7)Existing law requires the Controller, in cases in which a county superintendent has failed to make payment of assessments by the Teachers’ Retirement Board, upon order of the board, to withhold subsequent payments from the State School Fund to the county, or to take other related actions until the contributions are received. This bill would apply this requirement to district superintendents, chancellors of a community college district, or other employing agencies that report directly to the retirement system. (8)Under the Teachers’ Retirement Law, a survivor benefit allowance is payable upon the death of a member of the Defined Benefit Program who has one or more years of credited service, upon meeting certain conditions. These conditions include that the member’s death occurs during specified periods, including, among others, that death occurs within 4 months after termination of a disability allowance. This bill would delete that condition. (9)Existing law authorizes a retired member of STRS to perform specified activities as an employee in the system, an employee of a 3rd party, or as an independent contractor within the California public school system, but prohibits the member from making contributions to the retirement fund or accruing service credit based on compensation earned from that service. Existing law conditions this authorization on a variety of factors, including that a member not be required to reinstate for performing specified work, and allows a member to earn limited compensation as “creditable service” for those activities without a reduction in his or her retirement allowance. Existing law establishes the Cash Balance Benefit Program, administered by the State Teachers’ Retirement Board, as a separate benefit program within the State Teachers’ Retirement Plan. This bill would expand the authorization to perform postretirement work to include additional employment activities that within the definition of “creditable service” under the Cash Balance Benefit Program. (10)Existing law requires STRS to reduce the retirement allowance of a retired member who performs postretirement service that exceeds specified limitations for that work by the amount of the excess compensation. Existing law specifies that the amount of the reduction may be equal to the monthly allowance payable, but may not exceed the amount of the annual allowance payable under the retirement system for the fiscal year in which the excess compensation was earned. This bill would further specify that this reduction may not exceed the remaining amount of the annual allowance payable for the fiscal year in which the excess compensation was earned after any reduction is made, as specified. (11)Existing law requires STRS to make an electronic copy of benefit payment information available to any member, nonmember spouse, or beneficiary who receives a monthly benefit payment, and requires STRS to send a copy of this information to those individuals when there is an adjustment in the allowance or change in the amount deducted from the allowance. This bill would require that information to be provided when there is an adjustment in the allowance due to an annual benefit enhancement, as specified, or a change in the amount deducted from the allowance due to an adjustment to an income tax withholding tax table made by the Internal Revenue Service or the Franchise Tax Board, except as specified. (12)Under the Teachers’ Retirement Law, if a participant who is retired for service and is receiving an annuity under the Cash Balance Benefit Program is below the normal retirement age and earns compensation for performing certain employment activities, the participant’s annuity is required to be reduced by the amount of the compensation. That law prohibits the reduction from exceeding the annual annuity payable for the fiscal year in which the compensation was earned. This bill would instead prohibit the reduction from exceeding the amount of the annuity payable during the first 180 calendar days after a participant is retired for service, if the participant is below the normal retirement age at the time the compensation is earned. (13)Existing law requires all net revenues, moneys, and remittances from the use of school lands and lieu lands to be deposited in the State Treasury to the credit of the Teachers’ Retirement Fund and to be expended, as specified. This bill would correct an erroneous cross-reference in that provision. (14)The bill would also provide that if any other provision of any act that is enacted by the Legislature during the 2012 calendar year amends, amends and renumbers, adds, repeals and adds, or repeals a section contained in this act, that provision would prevail over this act, regardless of when that other act is chaptered. (15)The bill would also make certain technical, nonsubstantive changes to the provisions above. Hide

SB 1521 (2011-2012) -

Child welfare services

Carol Liu / The bill has become law (chaptered).

SB 1513 (2011-2012) - An Act to Amend, Repeal, and Add Section 11797 of the Insurance Code, Relating to the State Compensation Insurance Fund.

State Compensation Insurance Fund: investments

Gloria Negrete McLeod / The bill has become law (chaptered).

Existing law requires the board of directors of the State Compensation Insurance Fund to invest and reinvest, from time to time, all moneys in the State Compensation Insurance Fund in excess of current requirements in the same manner as is authorized in certain provisions applicable to private insurance carriers. Existing law prohibits the board from investing or reinvesting in certain… More
Existing law requires the board of directors of the State Compensation Insurance Fund to invest and reinvest, from time to time, all moneys in the State Compensation Insurance Fund in excess of current requirements in the same manner as is authorized in certain provisions applicable to private insurance carriers. Existing law prohibits the board from investing or reinvesting in certain investments, including real estate and call options on common stock. This bill would authorize, only until January 1, 2025, the board to invest or reinvest, an aggregated maximum of 20% of the moneys that are in excess of the admitted assets over the liabilities and required reserves, in specified investments, including the stock of certain corporations, specified mortgage-related investment instruments, and in the stock of a federal home loan bank. The bill would require the Department of Insurance to submit to the Legislature by January 31, 2019, a report that assesses the benefit and risk of the State Compensation Insurance Fund’s equities investment history by measuring the volatility and total return of the fund’s investment portfolio, as specified. Hide

SB 1492 (2011-2012) -

Voter-approved local assessment: vehicles

Mark Leno / The bill has become law (chaptered).

SB 1481 (2011-2012) - An Act to Amend Sections 1206.5, 1211, 1265, and 4052.4 Of, and to Add Section 1206.6 To, the Business and Professions Code, Relating to Clinical Laboratories.

Clinical laboratories: community pharmacies

Gloria Negrete McLeod / The bill has become law (chaptered).

Existing law, the Pharmacy Law, provides for the licensure and regulation of pharmacists by the California State Board of Pharmacy and authorizes a pharmacist to perform skin puncture in the course of performing clinical laboratory tests classified as waived pursuant to the federal Clinical Laboratory Improvement Amendments of 1988 (CLIA). Existing law provides for the licensure, registration,… More
Existing law, the Pharmacy Law, provides for the licensure and regulation of pharmacists by the California State Board of Pharmacy and authorizes a pharmacist to perform skin puncture in the course of performing clinical laboratory tests classified as waived pursuant to the federal Clinical Laboratory Improvement Amendments of 1988 (CLIA). Existing law provides for the licensure, registration, and regulation of clinical laboratories and various clinical laboratory personnel by the State Department of Public Health, subject to certain exceptions. Existing law prohibits a person from performing a clinical laboratory test classified as waived unless the test is performed under the overall operation and administration of the laboratory director who meets specified requirements and the test is performed by certain persons, as specified. This bill would eliminate that laboratory director requirement with respect to certain tests classified as waived under CLIA that are approved by the federal Food and Drug Administration for sale to the public without a prescription in the form of an over-the-counter test kit and are performed by a pharmacist at a community pharmacy upon customer request, provided that the pharmacy obtains a CLIA certificate of waiver and a registration from the State Department of Public Health and complies with all other requirements governing clinical laboratories, as specified. The bill would make other related conforming changes. This bill would incorporate additional changes to Section 1206.5 of the Business and Professions Code made by AB 761 that would become operative only if both this bill and AB 761 are enacted and this bill is chaptered after AB 761. Hide

SB 1479 (2011-2012) - An Act to Amend Section 1202.4 of the Penal Code, Relating to Crime Victims.

Crime victims: restitution

Fran Pavley / The bill has become law (chaptered).

Existing law requires the court to order defendants convicted of any crime to pay a fine in the form of a penalty, as specified. Existing law additionally requires the court to order defendants to pay restitution to the victim or victims, as well as a restitution fine. Existing law requires that a person convicted of specified crimes, including counterfeiting products and failing to disclose the… More
Existing law requires the court to order defendants convicted of any crime to pay a fine in the form of a penalty, as specified. Existing law additionally requires the court to order defendants to pay restitution to the victim or victims, as well as a restitution fine. Existing law requires that a person convicted of specified crimes, including counterfeiting products and failing to disclose the origin of a recording or audiovisual work, pay restitution to the owner, lawful producer, or trade association acting on behalf of the owner or lawful producer that suffered economic loss from the violation. Under existing law, the value of each nonconforming article or device is based on the aggregate wholesale value of lawfully manufactured and authorized devices or articles from which sounds or visual images are devised, except in certain circumstances. This bill would specify that possession of nonconforming devices or articles intended for sale constitutes actual economic loss to an owner or lawful producer in the form of displaced legitimate wholesale purchases. The bill would also base the order of restitution on the aggregate wholesale value of lawfully manufactured and authorized devices or articles from which sounds or visual images are devised corresponding to the number of nonconforming devices or articles involved in the offense. The bill would make additional changes to Section 1202.4 of the Penal Code made by SB 1177 to take effect if both bills are enacted and this bill is enacted last. The bill would also make technical, nonsubstantive changes to these provisions. Hide

SB 1434 (2011-2012) -

Location information: warrants

Mark Leno / This bill was passed by both houses and vetoed by the Governor. It did not become law.