PRISM’s Legislative Committee reviews bills introduced by the Legislature that may have an impact on one or more of PRISM’s Programs. Through this process, we may review bills that impact our Members directly as it relates to your daily activities. One such bill has come to our attention that we want each of you to be aware of: SB 2561.
AB 2561: Local Public Employees; Vacant Positions
This bill would create a new Government Code Section: 3502.3.
This bill would require each employer to “promptly” meet and confer with each bargaining unit when the vacancy rate exceeds 10% for more than 90 days within the past 180 days. In addition, a plan would need to adopted by the governing body and implemented to fill all vacant positions within the subsequent 180 days. This plan consists of 18 components, including but not limited to: reviewing compensation rates in the public and private sector, consideration of non-economic factors, employee surveys, descriptions of obstacles in hiring (e.g. average duration of hiring process, number of applicants, analyzing minimum requirements, etc.), consideration of applicant barriers and community outreach efficacy.
The process outlined in the bill would be subject to the Brown Act in that it would require each public agency to present the plan during a public meeting and make the plan available for public review on its website for at least one year. It’s unclear how any revisions or changes to the plan would impact the posting of the prior plan, or if all versions of the plan would need to remain on the website for public review.
CSAC is taking the lead on a coalition of the public agency advocacy groups (e.g. RCRC, CalCities) in opposition of this bill and will be providing the key testimony at the legislative hearings.
The following are some additional bills that we wanted to bring to your attention as it relates to your interaction with the labor groups and collective bargaining agreements.
AB 2754: Employment contracts and agreements; Sufficient Funds; Liability.
This bill would amend existing language in Labor Code Section 2810, by adding “motor carrier” to the list of types of contracts or agreements an entity may enter into. This Labor Code Section primarily deals with contracting/outsourcing and when the cost of the contract is not sufficient to cover the contractor’s legal requirements, the employer cannot enter into an agreement. This bill also attempts to address independent contractor regulations and misclassifications.
SB 1090: Unemployment Insurance; Disability and Paid Family Leave; Claim Administration
This bill would amend existing language of the Unemployment Insurance Code Sections 2701.5, 2706.1, 3301 and 3304. The current amendments specify timeframes relating to individuals filing a claim, and when the employer must provide the initial payment.
SB 1116: Unemployment Insurance; Trade Disputes; Eligibility for Benefits
This bill would amend existing language of the Unemployment Insurance Code Section 1262. This bill would make employees eligible for unemployment benefits during a strike after a 2 week waiting period.
If you have any additional questions, please contact Jill Abel or Jen Hamelin.