BILL ANALYSIS                                                                                                                                                                                                    Ó



                                                                     AB 272


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          Date of Hearing:  April 29, 2015


                        ASSEMBLY COMMITTEE ON APPROPRIATIONS


                                 Jimmy Gomez, Chair


          AB  
          272 (Lackey) - As Amended April 15, 2015


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          Urgency:  No  State Mandated Local Program:  NoReimbursable:  No


          SUMMARY:  This bill provides that a person deputized or  
          appointed by the proper authority as a reserve deputy sheriff or  
          a reserve city police officer, is an employee of the county,  
          city, city and county, town, district or other such proper  
          authority for all purposes of the California Fair Employment and  
          Housing Act (FEHA). 









                                                                     AB 272


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          FISCAL EFFECT:


          1)Minor/absorbable costs to the Department of Fair Employment  
            and Housing as reserve or auxiliary peace officers constitute  
            a small percentage of the workforce and any increase in  
            complaints filed would likely be minimal.  

          2)Unknown, potentially significant costs to local governments  
            related to civil litigation.  The usual damages paid to  
            employees as a result of discrimination is lost wages.  Since  
            reserve and auxiliary officers are not paid for their  
            services, they would likely seek punitive damages and legal  
            fees through the courts.  This could result in legal costs to  
            local governments, potentially in the hundreds of thousands of  
            dollars. 

          COMMENTS:


          1)Purpose. According to the author, the purpose of this bill is  
            to protect reserve peace officers under FEHA.  By expressly  
            granting employee status to reserve peace officers, this bill  
            would effectively overturn a 2013 California appellate court  
            decision.  In Estrada v. City of Los Angeles 218 Cal. App. 4th  
            143 (2013), the court held that the plaintiff, a volunteer  
            police reserve officer appointed by the Los Angeles Chief of  
            Police, was not an employee within the meaning of FEHA.  The  
            plaintiff had contended that he was an employee because the  
            city provided him with workers' compensation benefits (even  
            though the city was not required to do so by state law.)  Yet  
            the court held that providing the plaintiff with workers'  
            compensation coverage did not transform him into an "employee"  
            for purposes of the FEHA.  As a result, the plaintiff could  
            not bring an action against the city alleging disability  
            discrimination. 










                                                                     AB 272


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            Existing statute does not provide an affirmative definition of  
            employee; rather, it states what is excluded:  "'Employee'  
            does not include any individual employed by his or parents,  
            spouse, or child, or any individual employed under a special  
            license in a nonprofit sheltered workshop or rehabilitation  
            facility."  





            The Department of Fair Employment and Housing enacted  
            regulations under FEHA that define an employee as any  
            individual "under the direction and control of an employer  
            under any appointment or contract of hire of apprenticeship,  
            express or implied, oral or written."  (2 CCR Section 7286.5  
            (b).)  Although courts in Mendoza and Estrada concluded that  
            an individual must receive some form of compensation in order  
            to be considered an employee, the regulatory definition does  
            not include such a requirement.  





            Reserve peace officers are appointed by, and under the  
            supervision of, a local law enforcement authority.  This bill  
            seeks to clarify that reserve peace officers are, therefore,  
            employees for purposes of FEHA.  


          2)Prior related legislation. AB 1443 (Skinner), Chapter 302,  
            Statutes of 2014, amended the harassment provisions under FEHA  
            to include unpaid interns and volunteers, meaning that such  
            individuals are now protected from unlawful employment  
            harassment in a manner similar to employees.  








                                                                     AB 272


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          Analysis Prepared by:Misty Feusahrens / APPR. / (916)  
          319-2081