Bill Text: CA AB647 | 2023-2024 | Regular Session | Amended
Bill Title: Grocery workers.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Passed) 2023-10-08 - Chaptered by Secretary of State - Chapter 452, Statutes of 2023. [AB647 Detail]
Download: California-2023-AB647-Amended.html
Amended
IN
Senate
September 11, 2023 |
Amended
IN
Senate
September 01, 2023 |
Amended
IN
Senate
July 13, 2023 |
Amended
IN
Senate
June 26, 2023 |
Amended
IN
Assembly
May 18, 2023 |
Amended
IN
Assembly
March 30, 2023 |
Amended
IN
Assembly
March 16, 2023 |
Amended
IN
Assembly
March 09, 2023 |
Introduced by Assembly Member Holden |
February 09, 2023 |
LEGISLATIVE COUNSEL'S DIGEST
Digest Key
Vote: MAJORITY Appropriation: NO Fiscal Committee: YES Local Program: NOBill Text
The people of the State of California do enact as follows:
SECTION 1.
Section 2502 of the Labor Code is amended to read:2502.
For purposes of this part, the following definitions shall apply:(f)
(g)“Separated employee” means an employee who was employed by the incumbent grocery employer for 6 months or more in the 12 months preceding the change in control and whose employment was terminated or suspended by the employer because of a change in control, lack of business, reduction in force, a transfer of more than 15 miles from the employee’s residence, or another economic nondisciplinary reason. There is a rebuttable presumption that any termination occurring within a year of a change in control was due to a nondisciplinary reason.
SEC. 2.
Section 2504 of the Labor Code is amended to read:2504.
(a) (1) The incumbent grocery employer shall, within 15 days after the execution of the transfer document, provide to the successor grocery employer and any collective bargaining representative the name, address, date of hire, employment occupation classification, and, if known, the cellular telephone number and email address of each eligible grocery worker.SEC. 3.
Section 2509 is added to the Labor Code, to read:2509.
An employer shall not refuse to employ, terminate, reduce the compensation of, or otherwise take adverse action against anySEC. 4.
Section 2510 is added to the Labor Code, to read:2510.
(a) An aggrieved employee or an employee representative, such as a collective bargaining representative or nonprofit corporation, may bring an action in the superior court of the State of California for violations of this part and may be awarded the following:(b)Enforcement of this section by the Division of Labor Standards Enforcement shall be as follows:
(1)An aggrieved employee or employee representative may file a complaint with the division for a violation of this section and may be awarded any of the following:
(A)
(B)
(C)
(2)
(3)The Labor Commissioner shall enforce this section, including investigating an alleged violation and ordering appropriate temporary relief to mitigate the violation and pending the completion of a full investigation or hearing, through the procedures set forth in Section 98.3, 98.7, 98.74, or 1197.1, including by issuing a citation against an employer who violates this section and by filing a civil action. If a citation is issued, the procedures for issuing, contesting, and enforcing judgments for citations and civil penalties issued by the Labor Commissioner shall be the same as those set out in Section 98.74 or 1197.1, as appropriate.
(4)
(5)
(6)
(c)