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A bill that mandates that all employers, except those with collective bargaining agreements, provide any employee who has worked in California for seven days with paid sick leave, at the accrual rate at one hour for every 30 hours worked has passed the Assembly Judiciary Committee.
AB 400 (Ma; D-San Francisco) would expand both public and private employers’ costs and liability for new protected and paid sick leave for employees. After the 90th day of employment, employees would be allowed to utilize their paid sick leave to care for themselves or a family member. AB 400 allows any unused sick leave accrued in the preceding year to be carried over to the next year, which is a significant change in existing law. Under AB 400, employers also would be required to post information regarding employees' right to paid sick leave, thereby adding to the numerous and burdensome posting requirements in California.
Opponents argue that the costs for these mandates alone will overwhelm businesses in California that already are struggling to survive in this economy. In addition to increasing business expenses and potentially resulting in job losses, AB 400 will also dramatically increase an employer's risk for legal fees and costs. Lastly, AB 400 creates a private right of action for employees to sue for any alleged violation with the right to recover back wages, liquidated damages, withheld sick days, attorney fees, reinstatement, and injunctive relief.
In addition, AB 400 creates a rebuttable presumption of retaliation. Specifically, under AB 400 it will be presumed that an employer retaliated against an employee if the employer takes any corrective action within 90 days of an employee's complaint or opposition to an employer's practice or policy regarding mandated paid sick leave. AB 400 also imposes penalties against an employer for failure to post the required notices, as well as maintain records regarding employees' accrued sick leave.
AB 400 passed the Assembly Judiciary Committee on April 26 on a vote of 6-3. The bill will be considered next by the Assembly Appropriations Committee.
The Assembly Judiciary Committee also heard the following measures:
AB 265 (Ammiano): This bill would give a tenant who has received a three-day notice to quit or pay rent the right to redeem the tenancy after the three day period has expired by tendering rent due and other fees and costs.
AB 265 passed the committee with a vote of 6-3.
AB 469 (Swanson): This bill would make a number of changes intended to prevent minimum wage, overtime and other violations of the Labor Code, including provisions to increase criminal penalties and to aid enforcement of court judgments for unpaid wages.
AB 469 passed the committee with a vote of 6-3.
AB 805 (Torres): This bill would reorganize and recodify the Davis-Stirling Common Interest Development (CID) Act and make minor substantive changes in order to achieve internal consistency.
AB 805 passed the committee with a vote of 9-0.
AB 806 (Torres): This bill would make, as of January 1, 2014, technical and conforming changes to reflect a proposed reorganization and recodification of the Davis-Stirling Common Interest Redevelopment Act. The operation of this bill, therefore, is contingent upon the enactment and operation of that revision and codification as provided in AB 805 of this session.
AB 806 passed the committee with a vote of 9-0.