Wednesday, November 30, 2022

New Job Killer Bill Passes Senate Policy Committee

Allows Employees to Refuse to Show Up for Work

A newly identified California Chamber of Commerce job killer bill that is opposed by more than 60 organizations passed the Senate Labor, Public Employment and Retirement Committee on March 21.

The bill, SB 1044 (Durazo; D-Los Angeles), allows employees to leave work or refuse to show up to work if the employee subjectively feels unsafe regardless of existing health and safety standards or whether the employer has provided health and safety protections, and subjects employers to costly Private Attorneys General Act (PAGA) lawsuits if they dispute the employee’s decision or need to have another employee take over any job duties.

CalChamber Letter

In a letter submitted to the bill’s author on March 21, the CalChamber pointed out that SB 1044 would give license to essential workers to skip shifts without prior permission or planning, jeopardizing public safety.

Under the bill, any employer who disciplines an employee for failing to report to work due to a cited state of emergency, would be subject to a lawsuit and penalties under PAGA.

Additionally, the broad applicability of the bill raises safety concerns for other employees in the workplace because it does not require workers to consider the safety of others in their workplace.

Concerns

The CalChamber also identified other important concerns, including the fact that SB 1044:

• Would cripple emergency response and actually reduce workplace safety. SB 1044 contains no exceptions for essential services, such as health care workers, police or firefighters and would allow emergency response personnel to walk off the job, endangering public safety.

• Broadly defines “state of emergency” to encompass states of emergency that are ongoing. “State of emergency” is defined so broadly that it includes any state of emergency, local emergency, or presidential proclamation of major disaster or emergency caused by natural forces. This would encompass essentially every state of emergency. The bill also does not take into account what safety measures have been put in place by the employer.

• Exposes employers to lawsuits under PAGA. An employer who disciplines an employee for leaving the workplace would be subject to a lawsuit and penalties under PAGA. And any employer who replaces the worker in order to keep the workplace functioning or to provide time-sensitive services could face a retaliation lawsuit. In other words — SB 1044 gives such broad discretion to employees that if they walk away from a completely safe workplace, the employer could do little in response without risking litigation.

• Is unnecessary because existing Cal/OSHA regulations and state and federal laws include substantial safety protections, provide employees the right to a safe workplace, and protect employees from retaliation if those laws are violated.

Key Vote

SB 1044 passed Senate Labor, Public Employment and Retirement on a vote of 4-1.

Ayes: Cortese (D-San Jose), Durazo (D-Los Angeles), Laird (D-Santa Cruz), Newman (D-Fullerton).

No: Ochoa Bogh (R-Yucaipa).

SB 1044 will be considered next by the Senate Appropriations Committee.

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.

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