​2011 'Job Killer' Bills

Job Killers

Job Killers Overview & Archive

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2010 Job Killers Final Status

Only One 'Job Killer' Survives

CalChamber Opposition Reduces List of 'Job Killers'

Governor Edmund G. Brown Jr. concluded his work on legislation, vetoing two more CalChamber-opposed “job killer” bills in addition to two earlier vetoes and signing one "job killer" bill into law.

When the "job killer" list was released on May 25, there were 28 bills on the list. Two more bills were added subsequently, but following the June 3 legislative deadline for bills to pass the house in which they were introduced, the list of active “job killers” was reduced to 18.

In June one "job killer" passed the Legislature only to be vetoed by the Governor by the end of the month. Another "job killer" was amended to remove opposition (and later was vetoed by the Governor). The "job killer" provision in a third bill was amended, but the CalChamber still opposed the legislation, which ultimately was vetoed by the Governor.

In the closing days of the legislative year, four more "job killer" bills passed the Legislature. Of those, only one was signed into law.

The proposed laws threatened California employers with new costly workplace and employee benefit mandates, economic development barriers, regulatory burdens and inflated liability costs. 

Click on the bill numbers below for more information.

Costly Workplace Mandates

AB 10 (Alejo; D-Watsonville) Automatic Minimum Wage Increase
Creates uncertainty by imposing an automatic indexing of the minimum wage based on inflation that fails to take into account the current economic status of the state. Held in Assembly Appropriations 5/27/11; Failed deadline

AB 22 (Mendoza; D-Artesia) Hampers Employment Decisions
Unfairly limits private employers’ ability to use consumer credit reports for legitimate employment purposes, such as those positions who have direct and unsupervised access to any amount of cash and/or valuable non-financial assets. Signed. Chapter 724, Statutes of 2011.

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. Failed Passage in Senate; 09/09/11.

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. Vetoed.

SB 104 (Steinberg; D-Sacramento) Increased Agricultural Costs
Attempts to limit employees’ ability to independently and privately vote for unionization in the workplace, by essentially eliminating a secret ballot election and replacing it with the submission of representation cards signed by over 50% of the employees, which leaves employees susceptible to coercion and manipulation by labor organizations. Vetoed.

SB 129 (Leno; D-San Francisco) Employee Safety Risk
Undermines employers' ability to provide a safe and drug-free workplace by establishing a protected classification for employees who utilize medical marijuana. Held on Senate Inactive File

SB 829 (DeSaulnier; D-Concord) Undermines Employer Rights
Undermines employer rights in California Division of Occupational Safety and Health (Cal/OSHA) citations by allowing private parties to interfere with the appeals process which could impose significant costs on employers, the Cal/OSHA Appeals Board and on Cal/OSHA. Assembly Appropriations Committee 07/07/11; Failed Deadline.

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. Failed Passage in Senate; 09/10/11.

AB 448 (Ammiano; D-San Francisco) Split Roll Property Tax
Undermines the protections of Proposition 13 by redefining the term “change of ownership” for legal entities so that reassessment of such property occurs when, cumulatively, there is a transfer of 100% of the ownership interests in a rolling three-year period. Assembly Revenue and Taxation Committee 09/09/11.

AB 832 (Ammiano; D-San Francisco) Hidden Tax Increase
Imposes a hidden tax on software with a majority vote bill by making it virtually impossible for the owner to show that the software is eligible for a property tax exemption. Held on Assembly Inactive File

AB 1130 (Skinner; D-Berkeley) Small Business Tax Increase
Targeted tax increase on higher income brackets, which will have a detrimental impact on small start-up businesses and discourage growth of such companies in California. Assembly Appropriations Committee 05/27/11.

AB 1239 (Furutani; D-South Los Angeles County) Small Business Tax Increase
Targeted tax increase on higher income brackets, which will have a detrimental impact on small start-up businesses and discourage growth of such companies in California. Assembly Appropriations Committee 05/27/11.

SB 237 (Wolk; D-Davis) Climate Change Tax Increase
Increases costs and discourages job growth by implementing unlimited fees and taxes under a cap-and-trade system. Held in Senate Appropriations in Suspense File 5/02/11; Failed Deadline
SB 246 (De León; D-Los Angeles) Discourages Emission Reductions
Prohibits finding the most cost effective ways to reduce emissions, creates uncertainty and significantly increases business costs by imposing new and excessively burdensome requirements on the development and use of compliance offsets in a cap-and-trade program under AB 32. Held in Senate Appropriations Suspense File 5/26/11; Failed Deadline
SB 508 (Wolk; D-Davis) Discourages Investment
Creates uncertainty for California employers making long-term investment decisions by requiring all future tax credits to sunset after seven years. "Job killer" provision amended, but CalChamber still opposes. Vetoed.
SB 535 (De León; D-Los Angeles) Climate Change Tax Increase
Increases costs and discourages job growth by implementing unlimited fees and taxes under a cap-and-trade system. Assembly Appropriations Suspense File; Failed Deadline.
SB 653 (Steinberg; D-Sacramento) Multiple Tax Increases
Creates uncertainty by providing 58 counties and over 1,000 school districts, subject to voter approval, the authority to impose and/or increase a tax on all products and services. Senate Third Reading 5/31/11

SBX 1 23 (Committee on Budget & Fiscal Review) Multiple Tax Increases 
Mischaracterized “budget trailer bill” that is not necessary to implement the state budget. Rather, this bill creates uncertainty for taxpayers by providing 58 counties, over 70 community college districts, and over 1,000 school districts, subject to voter approval, the authority to impose and/or increase a local tax on all products and services. Assembly Revenue and Taxation Committee 08/18/11.

Employee Benefit Mandates

AB 59 (Swanson; D-Alameda) Family and Medical Leave Expansion
Creates an increased burden on employers and makes a California-only mandated benefit different than the federal family leave act by significantly expanding the category of individuals with serious health conditions for whom an employee can take a leave of absence. Held in Assembly Appropriations Suspense File 5/27/11; Failed Deadline

AB 325 (B. Lowenthal; D-Long Beach) Unpaid Bereavement Leave
Adds to California businesses’ legal costs and responsibilities by requires an employer to provide employees with up to three days of unpaid bereavement leave and elevating the significance of the right to bereavement leave to the same level as the right to be free from racial or gender discrimination and harassment. Vetoed.

AB 400 (Ma; D-San Francisco) Paid Sick Leave Mandate
Unreasonably expands both public and private employers’ costs and liability by mandating employers to provide paid sick leave for employees. Held in Assembly Appropriations Suspense File 5/27/11; Failed Deadline

Expensive, Unnecessary Regulatory Burdens

AB 52 (Feuer; D-Los Angeles) Rate Regulation
Creates uncertainty and delays for employers by creating an unworkable complex rate approval and regulation process for employer-sponsored health coverage and adds implementation fees on health insurers to support a complex and regulated plan approval process. Senate Inactive File 9/01/11.

AB 638 (Skinner; D-Berkeley) Increased Transportation Costs
Increases costs on consumers and business by mandating an unrealistic reduction of petroleum fuel consumption with an unrealistic increase in alternative fuel consumption to 15% below 2003 levels by 2020. Held in Assembly Appropriations Suspense File 5/27/11; Failed Deadline

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 Inactive File 09/08/11.

SB 761 (Lowenthal; D-Long Beach) Regulatory Burden
Creates an unnecessary, unenforceable and unconstitutional regulatory burden on Internet commerce by indirectly regulating virtually all businesses that collect, use or store information from a website. Held in Senate Appropriations Suspense File 5/10/11; Failed Deadline

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. Vetoed.

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. Senate Inactive File 09/09/11.

AB 1208 (C. Calderon; D-Montebello) Court Inefficiency
Creates uncertainty, inefficiency and unpredictability for litigants, further aggravating California’s reputation as a bad place to do business, by decentralizing control of trial court funds. Assembly Third Reading 5/27/11

SB 111 (Yee; D-San Francisco) New Lawsuits Against Small Business
Before amendments, could have resulted in new shakedown lawsuits against business establishments by making it a strict liability violation of the Unruh Civil Rights Act, subject to minimum damages of $4,000, if a business limits the use of a customer's language, even if unintentionally. Amended to remove opposition. Vetoed.

SB 242 (Corbett; D-San Leandro) Technology Sector Liability
Worsens California’s reputation as a highly litigious state by exposing tech-sector employers to unlimited civil liability, and creates an unworkable regulatory scheme with which Internet companies must comply. Died on Senate Third Reading 6/2/11; Refused Passage

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