Wednesday, November 30, 2022

Job Killer Carryover Bills Die

Two job killer carryover bills expanding mandates on employers died in the Assembly fiscal committee this month.

Failing to move out of the Assembly Appropriations Committee were AB 1119 (Wicks; D-Oakland), expanding employers’ duty to accommodate employees, and AB 95 (Low; D-Campbell), a burdensome new bereavement leave mandate.

AB 1119 would have imposed new burdens on employers to accommodate any employee with family responsibilities. This essentially would have included a new, uncapped protected leave for employees to request time off and exposed employers to costly litigation under the Fair Employment and Housing Act.

If passed, AB 1119 could have enabled an employee to challenge any adverse employment action as being related to the employee’s family responsibilities, rather than an actual violation of employment policies.

AB 95 would have imposed a significant new burden on employers of every size by mandating that they provide employees up to 10 days of bereavement leave upon the death of a spouse, child, parent, sibling, grandparent, grandchild or domestic partner, regardless of how long the employee had worked for the employer. The bill also would have opened up new avenues for litigation against California employers by establishing a brand-new private right of action — in addition to liability under the Private Attorneys General Act (PAGA) and administrative enforcement through the Division of Labor Standards Enforcement.

Staff Contact: Ashley Hoffman

Ashley Hoffman
Ashley Hoffman
Ashley Hoffman joined the CalChamber in August 2020 as a policy advocate specializing in labor and employment and workers’ compensation issues. Before joining the CalChamber, she was an associate attorney in the Sacramento office of Jackson Lewis P.C., representing employers in civil litigation and administrative matters, as well as advising employers on best practices, including compliance with labor laws. She previously worked as a litigation associate and a summer associate at Gibson, Dunn & Crutcher, LLP, Los Angeles. She also was a law clerk at the U.S. District Court for the Western District of Tennessee in Memphis and a judicial extern for the Ninth Circuit U.S. Court of Appeals in Pasadena. Hoffman holds a B.A. with high honors in political science from the University of California, Santa Barbara, and earned her J.D. from the UCLA School of Law, where she was a Michael T. Masin scholar, an editor at the UCLA Law Review, and staff member for the Women’s Law Journal.

Related Articles

Trending Topics on the Labor Law Helpline: Listening to Music and More

In Episode 162 of The Workplace podcast, CalChamber employment law expert Matthew Roberts and CalChamber HR Adviser Ellen Savage discuss the issues employers are asking about most often on the CalChamber Labor Law Helpline,...

5 New California Labor Laws Employers Should Start Preparing For

In Episode 161 of The Workplace podcast, CalChamber employment law expert Matthew Roberts and CalChamber policy advocate Ashley Hoffman discuss five new labor laws employers should know and prepare for: SB 1162; AB 152;...

CalChamber-Led Coalition Helps Stop 1 Job Killer Bill

On the final day of the session, Assembly members heeded the concerns raised by the California Chamber of Commerce and a coalition of more than 110 organizations and stopped a last-minute greenhouse gas (GHG)...