California Senate Bill 93
Session 20212022
Employment: rehiring and retention: displaced workers: COVID-19 pandemic.
Became Law
Became Law on Apr 16, 2021
Sponsor
Committee on Budget and Fiscal Review
First Action
Dec 16, 2020
Latest Action
Apr 16, 2021
Origin Chamber
Senate
Type
Bill
Bill Number
93
State
California
Session
20212022
Committee on Budget and Fiscal Review
grade
Author
Motion Text
Unfinished Business SB93 B. & F.R. (Skinner) Concurrence
Senate Roll Call Votes
Yes
Dahle
No
Yes
Yes
Gonzalez
Yes
Other
Yes
Yes
Yes
Yes
Yes
Rubio
Yes
Other
Other
Other
Summary
Existing law governs employment relations, defines the contract of employment, and establishes the obligations of employers to their employees.
This bill would, until December 31, 2024, require an employer, as defined, to offer its laid-off employees specified information about job positions that become available for which the laid-off employees are qualified, and to offer positions to those laid-off employees based on a preference system, in accordance with specified timelines and procedures. The bill would define the term "laid-off employee" to mean any employee who was employed by the employer for 6 months or more in the 12 months preceding January 1, 2020, and whose most recent separation from active service was due to a reason related to the COVID-19 pandemic, including a public health directive, government shutdown order, lack of business, a reduction in force, or other economic, nondisciplinary reason related to the COVID-19 pandemic. The bill would require an employer to keep records for 3 years, including records of communications regarding the offers. The bill would require an employer that declines to recall a laid-off employee on the grounds of lack of qualifications and instead hires someone other than a laid-off employee to provide the laid-off employee a written notice within 30 days including specified reasons for the decision, and other information on those hired.
This bill would, until December 31, 2024, prohibit an employer from refusing to employ, terminating, reducing compensation, or taking other adverse action against any laid-off employee for seeking to enforce their rights under these provisions. The bill would establish specified methods by which these provisions may be enforced, including authorizing an employee to file a complaint with the Division of Labor Standards Enforcement against the employer for specified relief, including hiring and reinstatement rights and awarding of back pay, as well as a civil penalty. The bill would authorize the Division of Labor Standards Enforcement to promulgate and enforce rules and regulations, and issue determinations and interpretations concerning these provisions. The bill would prohibit the imposition of criminal penalties for a violation of these provisions.
This bill would appropriate $6,000,000 and make available through June 30, 2025, from the Labor and Workforce Development Fund to the Labor Commissioner for staffing resources to implement and enforce the provisions related to the rehiring and retention of workers displaced due to the COVID-19 pandemic.
This bill would declare that it is to take effect immediately as a bill providing for appropriations related to the Budget Bill.
12/16/20 - Introduced
December 16, 2020
02/17/21 - Amended Assembly
February 17, 2021
04/08/21 - Amended Assembly
April 8, 2021
04/12/21 - Amended Assembly
April 12, 2021
04/15/21 - Enrolled
April 15, 2021
04/16/21 - Chaptered
April 16, 2021
01/15/21- Sen. Floor Analyses
January 15, 2021
02/19/21- ASSEMBLY FLOOR ANALYSIS
February 19, 2021
04/12/21- ASSEMBLY FLOOR ANALYSIS
April 12, 2021
04/14/21- Sen. Floor Analyses
April 14, 2021
04/16/2021
California State Legislature
Chaptered by Secretary of State. Chapter 16, Statutes of 2021.
04/16/2021
California State Legislature
Approved by the Governor.
04/15/2021
California State Legislature
Enrolled and presented to the Governor at 11:15 a.m.
04/15/2021
Senate
Assembly amendments concurred in. (Ayes 25. Noes 11. Page 801.) Ordered to engrossing and enrolling.
04/12/2021
Senate
In Senate. Concurrence in Assembly amendments pending.
04/12/2021
Assembly
Read third time. Passed. (Ayes 54. Noes 19. Page 960.) Ordered to the Senate.
04/12/2021
Assembly
Ordered to third reading.
04/12/2021
Assembly
Withdrawn from committee.
04/12/2021
Assembly
Assembly Rule 96 and 63 suspended. (Ayes 53. Noes 17. Page 955.)
04/12/2021
Assembly
From committee with author's amendments. Read second time and amended. Re-referred to Com. on BUDGET.
04/08/2021
Assembly
From committee with author's amendments. Read second time and amended. Re-referred to Com. on BUDGET.
02/17/2021
Assembly
From committee with author's amendments. Read second time and amended. Re-referred to Com. on BUDGET.
02/16/2021
Assembly
Joint Rule 62(a) suspended. (Ayes 54. Noes 15. Page 328.)
01/22/2021
Assembly
Referred to Com. on BUDGET.
01/21/2021
Assembly
In Assembly. Read first time. Held at Desk.
01/21/2021
Senate
Read third time. Passed. (Ayes 22. Noes 2. Page 91.) Ordered to the Assembly.
01/15/2021
Senate
Read second time. Ordered to third reading.
01/15/2021
Senate
Ordered to second reading.
01/15/2021
Senate
Withdrawn from committee. (Ayes 22. Noes 8. Page 76.)
01/11/2021
Senate
Read first time.
12/17/2020
Senate
From printer. May be acted upon on or after January 16.
12/16/2020
Senate
Introduced. To Com. on RLS. for assignment. To print.
Sources
Record Created
Dec 17, 2020 7:33:53 PM
Record Updated
Nov 11, 2021 12:11:54 AM