(February 23, 2004) California Chamber-opposed proposals that create new reasons to sue employers or redundant, expensive environmental requirements are under consideration again in the Legislature.

“In the current economic climate, legislators must refocus their energy toward finding ways to improve the California jobs climate by eliminating unnecessary costs of employers,” said Dominic DiMare, Chamber vice president of government relations. “Unfortunately, we are seeing proposals to add to the already-sizable regulatory and cost burden on employers.”

Further consideration of these proposals was delayed last year, but they remain eligible for consideration this year. The Chamber will be opposing the following:

New Reasons to Sue Employers

• AB 1229 (Simitian; D-Palo Alto): New Basis for Harassment Lawsuits: Preferential Treatment. Increases liability for meritless lawsuits for all California employers by permitting other workers to sue under the Fair Employment and Housing Act whenever any employer or supervisor allegedly shows favoritism toward a girlfriend or boyfriend in an employment setting.
• AB 1723 (Koretz; D-West Hollywood): New Duties, New Private Right of Action: Breaks and Meal Periods. Increases employer legal liability by establishing new private right of action permitting an aggrieved party to go straight to court to enforce new affirmative duty on all California employers to ensure each and every worker takes each and every meal and rest break permitted under law.

Hurts Small Business

• AB 1032 (Jackson; D-Santa Barbara): State Contracts: Prospective Bidders. Chills business interest in contracting with state by requiring prospective bidders, under penalty of perjury, to provide information on whether current or former executives of their own company, parent companies, subsidiaries and joint ventures have ever violated any California or federal tax, environmental protection, consumer protection, labor or anti-trust law in the last five years or been subject to an adverse civil judgment.
• AB 1825 (Reyes; D-Fresno): New Poster, Training Mandates. Mandates new posting and new training requirements regarding sexual harassment for employers with three or more workers.

Redundant Environmental Requirements

• AB 1020 (Laird; D-Santa Cruz): Water Contaminants. Redundant and expensive bill creates unnecessary new cause of action allowing public water systems to bring a civil action against responsible parties to recover costs. Several existing laws already grant public water systems the right to bring civil actions against parties for contamination of drinking water.
• SB 711 (Kuehl; D-Santa Monica). California Environmental Quality Act (CEQA). Requires state permitting of oak tree removal even when it already is subject to CEQA or covered by local ordinances.

More Bad Bills Likely
February 20 was the deadline for legislators to introduce bills this year. The Chamber will provide updates on other anti-business proposals as the public policy staff has an opportunity to analyze the new legislation.