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AB-333 Whistleblower protection: state and local independent contractors.(2019-2020)

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Date Published: 01/31/2019 09:00 PM
AB333:v99#DOCUMENT


CALIFORNIA LEGISLATURE— 2019–2020 REGULAR SESSION

Assembly Bill No. 333


Introduced by Assembly Member Eggman
(Coauthor: Assembly Member Reyes)

January 31, 2019


An act to add Section 1102.51 to the Labor Code, relating to employment.


LEGISLATIVE COUNSEL'S DIGEST


AB 333, as introduced, Eggman. Whistleblower protection: state and local independent contractors.
Existing law prohibits an employer, as defined, or any person acting on behalf of the employer, as defined, from, among other things, preventing an employee from, or retaliating against an employee for, providing information to, or testifying before, any public body conducting an investigation, hearing, or inquiry, if the employee has reasonable cause to believe that the information discloses a violation of a law, regardless of whether disclosing the information is part of the employee’s job duties. A violation of these provisions is a crime.
This bill would extend the protections afforded to employees under these provisions to independent contractors and contracted entities working for state and local government who are tasked with receiving and investigating complaints from facilities, services, and programs operated by state and local government. The bill would provide that prohibitions against retaliation by an employer apply to the state or local contracting agency under these provisions.
Because this bill would create a new crime, it would impose a state-mandated local program.
The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.
This bill would provide that no reimbursement is required by this act for a specified reason.
Vote: MAJORITY   Appropriation: NO   Fiscal Committee: YES   Local Program: YES  

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


SECTION 1.

 Section 1102.51 is added to the Labor Code, immediately following Section 1102.5, to read:

1102.51.
 Notwithstanding any other law, the rights and protections afforded to employees under Section 1102.5 shall apply to all state and local independent contractors and contracted entities tasked with receiving and investigating complaints from facilities, services, and programs operated by state and local government. The prohibitions against retaliation by an employer in Section 1102.5 shall apply to the state or local contracting agency.

SEC. 2.

 No reimbursement is required by this act pursuant to Section 6 of Article XIII B of the California Constitution because the only costs that may be incurred by a local agency or school district will be incurred because this act creates a new crime or infraction, eliminates a crime or infraction, or changes the penalty for a crime or infraction, within the meaning of Section 17556 of the Government Code, or changes the definition of a crime within the meaning of Section 6 of Article XIII B of the California Constitution.