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SB-1384 Labor Commissioner: financially disabled persons: representation.(2019-2020)

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Date Published: 03/25/2020 09:00 PM
SB1384:v98#DOCUMENT

Amended  IN  Senate  March 25, 2020

CALIFORNIA LEGISLATURE— 2019–2020 REGULAR SESSION

Senate Bill
No. 1384


Introduced by Senator Monning

February 21, 2020


An act to amend Section 70 98.4 of the Labor Code, relating to employment.


LEGISLATIVE COUNSEL'S DIGEST


SB 1384, as amended, Monning. Industrial Welfare Commission. Labor Commissioner: financially disabled persons: representation.
Existing law provides that the Labor Commissioner, may upon request, represent a claimant who is financially unable to represent themselves in a hearing where an employer is appealing an order of the commissioner, where the claimant is attempting to uphold the order of the commissioner.
This bill would extend the authority of the commissioner to also represent a claimant who is financially unable to represent themselves in a hearing where a court order has compelled arbitration to determine the claim and the commissioner has determined that the claim has merit. The bill would also require that a petition to compel arbitration pursuant to specified statutes be served on the Labor Commissioner.

Existing law establishes the Industrial Welfare Commission within the Department of Industrial Relations and specifies that the commission consists of 5 members appointed by the Governor with the consent of the Senate.

This bill would make a nonsubstantive change to that provision.

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

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


SECTION 1.

 Section 98.4 of the Labor Code is amended to read:

98.4.
 (a) The Labor Commissioner may, upon the request of a claimant financially unable to afford counsel, represent such claimant in the de novo proceedings provided for in Section 98.2. 98.2, notwithstanding whether such proceedings are held in a judicial or arbitral forum. In the event that such claimant is attempting to uphold the amount awarded by the Labor Commissioner and is not objecting to any part of the Labor Commissioner’s final order, the Labor Commissioner shall represent the claimant.
(b) A wage claimant unable to have their claim adjudicated and decided by the Labor Commissioner under Sections 98 and 98.1 as the result of entry of a court order compelling arbitration may request that the Labor Commissioner represent the claimant in the arbitral proceeding. The Labor Commissioner shall represent the claimant in the arbitral proceeding if the claimant is financially unable to afford counsel, and if the Labor Commissioner determines, upon conclusion of an informal investigation, that the claim has merit.
(c) A petition to compel arbitration of a claim that is pending under Section 98, 98.1 or 98.2 shall be served on the Labor Commissioner. Upon request of a claimant, the Labor Commissioner shall have the right to represent the claimant in proceedings to determine the enforceability of the arbitration agreement, notwithstanding whether the adjudication of the enforceability of the arbitration agreement is conducted in a judicial or arbitral forum.

SECTION 1.Section 70 of the Labor Code is amended to read:
70.

There is in the Department of Industrial Relations the Industrial Welfare Commission, which consists of five members. The members of the commission shall be appointed by the Governor, with the consent of the Senate.