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SB-799 Unemployment insurance: trade disputes: eligibility for benefits.(2023-2024)

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Date Published: 09/19/2023 09:00 PM
SB799:v97#DOCUMENT

Enrolled  September 19, 2023
Passed  IN  Senate  September 14, 2023
Passed  IN  Assembly  September 11, 2023
Amended  IN  Assembly  August 22, 2023

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)

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.
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. 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.