SB799:v97#DOCUMENTBill Start
Enrolled
September 19, 2023
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Passed
IN
Senate
September 14, 2023
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Passed
IN
Assembly
September 11, 2023
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Amended
IN
Assembly
August 22, 2023
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CALIFORNIA LEGISLATURE—
2023–2024 REGULAR SESSION
Senate Bill
No. 799
Introduced by Senators Portantino, Durazo, and Assembly Member Holden
(Coauthors: Senators Cortese, Gonzalez, Menjivar, and Wiener)
(Principal coauthors: Assembly Members Friedman, Gipson, Kalra, Quirk-Silva, Reyes, and Luz Rivas)
(Coauthors: Assembly Members Addis, Boerner, Bonta, Wendy Carrillo, Cervantes, Connolly, Mike Fong, Haney, Jackson, Jones-Sawyer, Lee, McCarty, McKinnor, Ortega, Santiago, Wicks, and Wood)
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February 17, 2023 |
An act to amend Section 1262 of the Unemployment Insurance Code, relating to unemployment compensation, and making an appropriation therefor.
LEGISLATIVE COUNSEL'S DIGEST
SB 799, Portantino.
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 ineligible for benefits if the employee left work because of a trade dispute and specifies that the employee remains ineligible for the duration of the trade dispute. Existing 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
after the first 2 weeks for an employee who left work because of a trade dispute. The bill would codify specified 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.
Digest Key
Vote:
MAJORITY
Appropriation:
YES
Fiscal Committee:
YES
Local Program:
NO
Bill Text
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. For purposes of this subdivision, “lockout” has the same meaning as defined in Section 1132.8 of the Labor Code.(b) The ineligibility of an individual to receive benefits pursuant to subdivision (a) shall expire after the first two weeks of the trade dispute.
(c) This section shall not 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.