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AB-1526 Governor’s Office of Business and Economic Development: Restaurant Equity and Desegregation Program.(2019-2020)

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Date Published: 04/02/2019 09:00 PM
AB1526:v98#DOCUMENT

Amended  IN  Assembly  April 02, 2019

CALIFORNIA LEGISLATURE— 2019–2020 REGULAR SESSION

Assembly Bill
No. 1526

Introduced by Assembly Member Carrillo

February 22, 2019

An act to relating to restaurants. An act to add Article 8 (commencing with Section 12100.70) to Chapter 1.6 of Part 2 of Division 3 of Title 2 of the Government Code, relating to state government.


LEGISLATIVE COUNSEL'S DIGEST


AB 1526, as amended, Carrillo. Restaurants: fair employment: incentives. Governor’s Office of Business and Economic Development: Restaurant Equity and Desegregation Program.
Existing Law, the Economic Revitalization Act, establishes the Governor’s Office of Business and Economic Development, also known as “GO-Biz,” in state government within the Governor’s office under the control of a director. The act requires GO-Biz to serve as the Governor’s lead entity for economic strategy and the marketing of California on issues relating to business development, private sector investment, and economic growth.
This bill would establish within GO-Biz the Restaurant Equity and Desegregation Program for a specified purpose related to fostering workplace equity in California restaurants. The bill would require GO-Biz to annually promote a restaurant week during the month of January in order to highlight eligible restaurants, which the bill would define as restaurants whose owner enters into an agreement with GO-Biz to commit to improving workplace equity and mobility and provides Go-Biz with assessments of the level of segregation in the restaurant, and whose owner, general manager, or upper management completes a qualifying training and technical assistance course, as provided. The bill would require GO-Biz to develop the course and to publish on its internet website a current list of all eligible restaurants. The bill would require GO-Biz to adopt rules and regulations to develop a procedure for restaurants to apply to participate in the program and would require GO-Biz to provide eligible restaurants with signage identifying the eligible restaurant as an equitable employer and a participant in the program. The bill would make various related findings.

Under the California Fair Employment and Housing Act, it is unlawful to engage in specified discriminatory employment practices, including hiring, promotion, and termination based on certain protected characteristics, including race and gender, unless based on a bona fide occupational qualification or applicable security regulations.

This bill would making legislative findings and declarations of the state’s commitment to ensuring that all restaurant workers have equal access to transparent, merit-based hiring and promotions, and of research demonstrating that long-lasting racial and gender disparities exist in both back and front of the house employment in the food service industry.

This bill would state the intent of the Legislature to enact legislation that would foster workplace equity in restaurants in this state by providing economic incentives to equitable employers in the restaurant industry that complete specified training programs and enter into a contract with the state to commit to improving workplace equity and mobility by implementing standard and transparent hiring, training, promotion, and evaluation practices for their employees. This bill would also state the intent of the Legislature to enact legislation that would support and promote restaurants that are committed to the state to improve workplace equity, including legislation that would create an annual state-sponsored restaurant week highlighting these restaurants with events and signage.

Vote: MAJORITY   Appropriation: NO   Fiscal Committee: NOYES   Local Program: NO  

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


SECTION 1.

 The Legislature finds and declares the following:
(a) The State of California is committed to ensuring that all who work in California can fully participate in economic and civic life.
(b) The State of California recognizes that its restaurant sector and culinary scene contribute significantly to its economic and cultural vibrancy, and that workers in the restaurant sector are indispensable to its continued growth and success.
(c) The State of California is committed to ensuring that all restaurant workers have equal access to transparent, merit-based hiring and promotions.
(d) Research demonstrates that long-lasting racial and gender disparities exist in both back and front of the house employment in the food service industry.

SEC. 2.

 Article 8 (commencing with Section 12100.70) is added to Chapter 1.6 of Part 2 of Division 3 of Title 2 of the Government Code, to read:
Article  8. The Restaurant Equity and Desegregation Program

12100.70.
 (a) The Restaurant Equity and Desegregation Program is hereby established within the Governor’s Office of Business and Economic Development.
(b) The purpose of this article is to foster workplace equity in California restaurants by providing recognition incentives to equitable employers.

12100.71.
 (a) In order to accomplish the purpose of this article, the office shall do all of the following:
(1) Annually promote a restaurant week during the month of January in order to highlight eligible restaurants. The office shall collaborate with private and public entities for the purpose of this paragraph.
(2) Provide official signage to eligible restaurants that eligible restaurants may display as they deem fit. The signage provided pursuant to this paragraph shall be developed in a manner as determined by the office and shall identify the eligible restaurant as an equitable employer and a participant in the program.
(3) Publish on its internet website a current list of all eligible restaurants.
(4) Develop the training and technical assistance course described in paragraph (1) of subdivision (b).
(5) Adopt rules and regulations to develop a procedure for restaurants to apply to participate in the program.
(b) For purposes of this article, “eligible restaurant” means a restaurant that satisfies all of the following:
(1) The owner, general manager, or upper management of the restaurant completes a qualifying training and technical assistance course developed by the office pursuant to paragraph (4) of subdivision (a) relating to the adoption of equitable business models.
(2) The owner of the restaurant enters into an agreement with the office to commit to improving workplace equity and mobility by implementing standard and transparent hiring, training, promotion, and evaluation practices.
(3) The owner of the restaurant submits to the office an assessment of the level of segregation in the restaurant in a manner as determined by the office. The restaurant shall submit the assessment to the office at the time of application for participation in the program and every six months thereafter in order to remain enrolled in the program. The content of the assessment shall not affect a restaurant’s eligibility for participation in the program.
(c) For purposes of this article, the following definitions shall apply:
(1) “Restaurant” means a food or beverage establishment that prepares, serves, and vends food or beverages directly to the consumer.
(2) “Program” means the Restaurant Equity and Desegregation Program.

SECTION 1.

The Legislature finds and declares all of the following:

(a)The State of California is committed to ensuring that all who work in California can fully participate in economic and civic life.

(b)The State of California recognizes that its restaurant sector and culinary scene contribute significantly to its economic and cultural vibrancy, and that workers in the restaurant sector are indispensable to its continued growth and success.

(c)The State of California is committed to ensuring that all restaurant workers have equal access to transparent, merit-based hiring and promotions.

(d)Research demonstrates that long-lasting racial and gender disparities exist in both back and front of the house employment in the food service industry.

SEC. 2.

(a)It is the intent of the Legislature to enact legislation that would foster workplace equity in restaurants in this state by providing economic incentives to equitable employers in the restaurant industry that include tax incentives, which may include a state sales and use tax exemption, and licensing incentives, which may include streamlining the application process for certain state and local licenses and permits and reducing the applicable associated fees.

(b)It is the intent of the Legislature to enact legislation that would provide these economic incentives to employers of restaurants that (1) complete qualified training and technical assistance programs certified by the state that educate employers and employees on adopting equitable business models and (2) enter into a contract with the state to commit to improving workplace equity and mobility by implementing standard and transparent hiring, training, promotion, and evaluation practices for their employees.

(c)It is the intent of the Legislature to enact legislation that would support and promote restaurants that are committed to the state to improve workplace equity, including legislation that would create an annual state-sponsored restaurant week highlighting these restaurants with events and signage.