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AB-1066 Unemployment compensation: benefits payable: collection.(2019-2020)



Current Version: 09/04/20 - Enrolled

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SECTION 1.

 Section 1093 of the Unemployment Insurance Code is amended to read:

1093.
 (a) In the event any employer shall fail to keep and furnish to the director, upon notice, any required records or reports necessary for a full determination, decision on appeal, or other proper disposition of any claim for benefits in any proceeding under this division, within such reasonable time as the director may by rule, regulation, or procedure prescribe, it shall be conclusively presumed that the claimant is entitled to the maximum total amount of benefits payable under this division unless the director determines, based on evidence, that the claimant is entitled to a lesser amount.
(b) (1) Notwithstanding subdivision (a), on and after January 1, 2021, except as provided in paragraph (2), if an employer, within 10 days after receiving an initial notice requesting the employer to furnish over required records or reports for a full determination of any claim for benefits under this division, fails to furnish those required records or reports to the director, it shall be conclusively presumed that the claimant is entitled to the maximum total amount of benefits payable under this division unless the director determines, based on the evidence, that the claimant is entitled to a lesser amount.
(2) The director may extend the 10-day deadline in paragraph (1) on a determination of good cause for a delay in the furnishing of required records or reports for a full determination of any claim for benefits under this division.
(c) If the claimant has earned wages in employment for more than one employer during the claimant’s base period, the accounts of the employer or employers who have properly kept and furnished the required records or reports shall not be charged with benefits in an amount exceeding that which the accounts would have been charged had the claimant been entitled only to benefits determined by the total of the wages earned and the number of calendar quarters worked for them and all benefits paid in excess thereof shall be charged solely against the accounts of the employer or employers who have failed to keep or furnish the required records or reports.

SEC. 2.

 Section 1120 is added to the Unemployment Insurance Code, to read:

1120.
 (a) The director may delegate their authority to recover and collect contributions from an employing unit that has five or more persons claiming benefits due under this part to the Attorney General. If this authority is delegated to the Attorney General, the Attorney General shall collect the entire required contribution from the employing unit, including interest and penalties, and this amount shall be deposited into the Unemployment Fund.
(b) The director shall reimburse the Attorney General for their reasonable regulatory costs in recovering and collecting contributions pursuant to subdivision (a) from the Unemployment Administration Fund, in accordance with Section 324.
(c) For purposes of this section, “employing unit” means a business or employer responsible for issuing a total of more than 500 Internal Revenue Service Form W-2s or Internal Revenue Service Form 1099-NECs.

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.
(b) The ineligibility of an individual to receive benefits pursuant to subdivision (a) shall expire after the first four weeks of the trade dispute and shall, thereafter, be eligible. The one-week waiting period required by Section 1253 shall not be required in addition to the waiting period established in this subdivision.
(c) Nothing in this section shall 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.