In 2013, the Governor signed AB 218 which “banned the box” on employment applications asking for criminal conviction information. AB 218 added Labor Code section 432.9 which prohibits state and local agencies from asking an applicant to disclose conviction history until the agency has determined the applicant meets the minimum employment qualifications for the job.
The Legislature has expanded PERB's jurisdiction again. On October 15, 2017, the Governor signed AB 83, the "Judicial Council Employer-Employee Relations Act." This new act allows for the unionization of Judicial Council employees, who are distinct from trial court employees. Cases under this new act will be designated with the letter "J". Example: SA-CE-0001-J.
On October 7, 2017, the Governor signed SB 285 which provides that, “A public employer shall not deter or discourage public employees from becoming or remaining members of an employee organization.” Currently, Government Code section 16645.6 provides that, “A public employer receiving state funds shall not use any of those funds to assist, promote, or deter union organizing.” According to the author of SB 285, the loophole in Government Code section 16645.6 is that it only prohibits discouraging the unionization of unrepresented employees, and not whether individual employees should join the union once it is established. SB 285 is meant…
On October 14, 2017, the Governor issued a veto of AB 530. I wrote about that bill here. AB 530 would have brought peace officers under PERB's jurisdiction. However, the bill also provided that peace officers could still seek injunctive relief in court without having to go through PERB. It was for this latter reason that I opposed this bill. In his veto message, the Governor stated: I am returning Assembly Bill 530 without my signature. This bill authorizes peace officers to bring unfair practice charges to the Public Employment Relations Board while preserving their existing right to directly petition a…
The Governor has signed AB 168 by Assemblymember Susan Eggman (D-Stockton) which prohibits all employers, including state and local governments, from seeking salary history information about an applicant for employment. The law also requires an employer to provide the pay scale for a position to an applicant upon reasonable request. According to the author, "The practice of seeking or requiring the salary history of job applicants helps perpetuate wage inequality that has spanned generations of women in the workforce." Comments: This law takes effect on January 1, 2018 and expressly applies to "all employers, including state and local government employers and the Legislature."…