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CA AB3216
Bill
Status
9/30/2020
Primary Sponsor
Lorena Gonzalez Fletcher
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AI Summary
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Requires employers to offer laid-off employees written notice of job positions for which they are qualified, with priority given to those who held the same or similar position or can be qualified with standard training.
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Defines "laid-off employee" as someone employed for 6+ months in the 12 months before a state of emergency whose separation was due to public health directives, government shutdown orders, lack of business, reduction in force, or other economic nondisciplinary reasons related to the emergency.
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Mandates incumbent employers provide successor employers with names, addresses, hire dates, and job classifications of eligible employees within 15 days of a change in control, and requires successors to maintain a preferential hiring list for 6 months after reopening.
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Requires successor employers to retain hired eligible employees for at least 90 days without discharge without cause, conduct written performance evaluations, and provide selection based on seniority if fewer employees are needed than before the change in control.
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Allows employees to file complaints with the Division of Labor Standards Enforcement for violations and seek remedies including reinstatement, back pay calculated at the highest of three specified rates, and benefits that would have been received.
Legislative Description
Unemployment: rehiring and retention: state of emergency.
Last Action
Vetoed by Governor.
9/30/2020