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AB-1066 Unemployment insurance: trade disputes: eligibility for benefits. (2019-2020)

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Date Published: 04/30/2019 09:00 PM
AB1066:v96#DOCUMENT

Amended  IN  Assembly  April 30, 2019
Amended  IN  Assembly  April 22, 2019
Amended  IN  Assembly  March 26, 2019

CALIFORNIA LEGISLATURE— 2019–2020 REGULAR SESSION

Assembly Bill No. 1066


Introduced by Assembly Member Gonzalez

February 21, 2019


An act to amend Section 1262 of the Unemployment Insurance Code, relating to unemployment compensation, and making an appropriation therefor.


LEGISLATIVE COUNSEL'S DIGEST


AB 1066, as amended, Gonzalez. Unemployment insurance: trade disputes: eligibility for benefits.
Existing law provides for the payment of unemployment compensation benefits and extended benefits to eligible individuals who meet specified requirements.
Under existing law, unemployment benefits are paid from the Unemployment Fund, which is continuously appropriated for these purposes.
Existing law makes an employee individual ineligible for unemployment benefits if the employee individual left work because of a trade dispute and specifies that the employee individual remains ineligible for the duration of the trade dispute. Existing caselaw case law holds that employees who left work due to a lockout by the employer, even if it was in anticipation of a trade dispute, are eligible for benefits.
This bill would restore eligibility for unemployment benefits after the first 2 4 weeks of a trade dispute for an employee who left work because of a the trade dispute. The bill would specify that the one-week waiting period otherwise required for unemployment benefits is not additionally required under these circumstances. The bill would also codify specified caselaw case law that holds that employees who left work due to a lockout by the employer, even if it was in anticipation of a trade dispute, are eligible for benefits. The bill would specify that the bill’s provisions do not diminish eligibility for benefits of individuals deprived of work due to an employer lockout or similar action, as specified.
Because this bill would expand the categories of people eligible to receive benefits from a continuously appropriated fund, it would make an appropriation.
Vote: MAJORITY   Appropriation: YES   Fiscal Committee: YES   Local Program: NO  

The people of the State of California do enact as follows:


SECTION 1.

 Section 1262 of the Unemployment Insurance Code is amended to read:

1262.
 (a) An individual is not eligible for unemployment compensation benefits, and these benefits shall not be payable, if the individual left work because of a trade dispute, other than a lockout in the establishment where the individual was employed.
(b) The ineligibility of an individual to receive benefits pursuant to subdivision (a) shall expire after the first two four weeks of the trade dispute and shall, thereafter, be eligible. The one-week waiting period required by Section 1253 shall not be required in addition to the waiting period established in this subdivision.
(c) Nothing in this section shall diminish the eligibility of individuals who were deprived of work as a result of an employer lockout or similar action under the principles set out in Coast Packing Co. v. California Unemployment Ins. Appeals Bd. (1966) 64 Cal.2d 76.