​(September  6, 2011) In the final days of session the California Chamber of Commerce is drawing attention to the “job killer” bills that are still moving.

Last week the Senate had approved a “job killer” bill that will lead to inflated liability costs.

The Assembly is set to consider a proposed ban on polystyrene food containers.

The CalChamber is urging lawmakers to reject the “job killer” proposals, which threaten the state’s job climate and will slow economic recovery if passed.

The list below does not include the “job killer” tax bills, which require a two-thirds vote for approval and therefore are unlikely to move.

Costly Workplace Mandates

• AB 22 (Mendoza; D-Artesia) Hampers Employment Decisions. Unfairly limits private employers’ ability to use consumer credit reports for legitimate employment purposes, unless the information in the report is “substantially job-related” and for a “managerial position.” 
• AB 375 (Skinner; D-Berkeley) Expands Costly Presumptions. Increases workers’ compensation costs for public and private hospitals by presuming certain diseases and injuries are caused by the workplace, and establishes precedent for expanding presumptions into the private sector. 
• AB 1155 (Alejo; D-Watsonville) Erodes Workers’ Comp Reforms. Increases costs and lawsuits in the workers’ compensation system by eroding the apportionment provision that protects an employer from paying for disability that did not arise from work.

Economic Development Barriers

• AB 350 (Solorio; D-Anaheim) Costly Employee Retention Mandate. Inappropriately alters the employment relationship by requiring any successor contractor for “property services,” defined as licensed security, cleaning-related or light building maintenance, window cleaning or food cafeteria services, to retain employees of the former contractor for a minimum of 60 days and thereafter offer continued employment unless the employees’ performance during that period was unsatisfactory.

Employee Benefit Mandates

• AB 325 (B. Lowenthal; D-Long Beach) Unpaid Bereavement Leave. Adds to California’s reputation of being an overly litigious state by creating a private right of action and mandating an employer to provide an employee with up to three days of unpaid bereavement leave.

Expensive, Unnecessary Regulatory Burdens

• SB 568 (Lowenthal; D-Long Beach) Polystyrene Food Container Ban. Threatens thousands of manufacturing jobs within the state by inappropriately banning all food vendors from using polystyrene foam food service containers, ignoring the numerous environmental benefits associated with polystyrene products. Assembly floor.

Inflated Liability Costs

• AB 559 (Swanson; D-Oakland) Undermines Judicial Discretion. Unreasonably increases business litigation costs by limiting judicial discretion to reduce or deny exorbitant attorneys fees in fair employment and housing claims that should have been raised in a limited civil proceeding. Passed Senate, August 31, 22-16. To enrollment. 
• AB 1062 (Dickinson; D-Sacramento) Undermines Efficient Dispute Resolution. Dramatically increases litigation costs for employers by eliminating the right to appeal a court order denying or dismissing a petition to compel arbitration, driving more cases into the courts.

Action Needed

Contact your legislators and urge them to oppose the “job killer” bills. Easy-to-edit sample letters are available at www.calchambervotes.com.

Staff Contact: Marc Burgat