PIHRA Scope - Winter 2008 - (Page 9)

growing deﬁcit, the bill failed to make it out of committee. The Legislature did not abandon health care reform after AB 1a, but instead focused on a piecemeal approach. Numerous mandated beneﬁt bills were introduced, along with bills addressing provider relationships with health plans, how insurers handle rescissions, and mandatory rate approval systems. What can we expect to see in 2009? It is likely that a couple of universal health care bills will be introduced— that has been the norm for the last few years. The success or failure of these proposals will undoubtedly depend on the economy, the deﬁcit, and the ability of the governor and the Legislature to work together to reach consensus. We are just as likely to see a new inﬂux of mandated beneﬁt bills. The debate over these measures usually turns on the value of the beneﬁt to covered employees or individuals versus the increased cost in premium they may generate. In the past, the governor has not hesitated to veto many mandated beneﬁt bills presented to him for consideration, typically on the grounds that the cost to employers will be too high or because he believes comprehensive reform is preferable. Another element in the health care reform equation for 2009 will be whether the federal government decides to tackle the issue. If the new president takes on the issue right away, the state may hold back and wait and see how Congress and the president intend to proceed. we are likely to see another such proposal introduced during 2009. AB 2716 generated a signiﬁcant amount of attention in 2008; this bill would have mandated paid sick leave in the state. AB 2716’s provisions were very similar to San Francisco’s paid sick leave ordinance. The paid sick leave bill died in committee, but that does not mean it will not be back again this year. favorable to employees or those who may be facing a layoff. CONCLUSION The 2009 legislative year will undoubtedly be both interesting and challenging. Budgetary concerns, deﬁcits, and unfavorable economic conditions can spur legislative action, but can also create contentious debates. Allocating dwindling resources is not easy. Similarly, state legislators and the governor will invariably ﬁnd themselves negotiating over how best to balance the interests of workers, while recognizing the ﬁnancial realities employers are facing. While we see these same competing concerns every year, their signiﬁcance is magniﬁed during tough economic times. We will just have to wait and see whether and how our representatives in Sacramento are able to resolve the challenges they face. ■ Marilyn A. Monahan practices with the ﬁrm of Emmer & Graeber in West Los Angeles, where she specializes in employee beneﬁts and insurance law. She is the author of the ﬁrm’s legislative updates, and frequently speaks to groups of human resource and insurance industry professionals on legislation, beneﬁts, and legal compliance. Monahan currently serves as PIHRA’s Vice President of Legislative Affairs. LABOR & EMPLOYMENT Wage and hour issues continue to generate both litigation and legislation. We can expect the Legislature to respond, but it is difﬁcult to predict what form those proposals may take and how far they will get. Wage and hour laws were not the only labor and employment issue under debate in the Legislature in 2008. Bills relating to the timing of meal periods (AB 1711 and SB 1539), litigation costs in labor disputes (AB 1711 and SB 1113, among others), state WARN act amendments (AB 1989), independent contractors (SB 1490), workplace protections (SB 1489), and employment retaliation (SB 1244) were considered. To the extent the Legislature believes change is still needed in these areas, it is likely we will see versions of these bills re-introduced in 2009. In addition, downturns in the labor market may encourage legislators to search for ideas they view as LEAVE LAWS Over the past few years, a variety of bills expanding employee leave rights have been introduced. In 2007, the governor vetoed three and signed one (the latter provided unpaid leave rights to spouses of military personnel). In 2008, leave bills under consideration included one that would conform the California Family Rights Act (CFRA) to recent changes to the federal Family and Medical Leave Act (FMLA), and one that would make it easier to qualify for paid family leave. Bills expanding the scope of CFRA are common, and (213) 386-3876 Comprehensive Immigration Services Top Credentials. Free Consultation. 3550 Wilshire Boulevard Suite 2000 Los Angeles, CA 90010 Tel. (213) 386-3876 Fax (213) 386-2876 E-Mail: info@marouflawgroup.com www.MAROUFLAWGROUP.com Winter 2008 PIHRAScope 9 e 6/18/08 10:50:12 PM 382751_MarcoufLawGroup.indd 1 http://www.marouflawgroup.com

Table of Contents Feed for the Digital Edition of PIHRA Scope - Winter 2008

PIHRA Scope - Winter 2008 Contents Message from the CEO What’s on the Legislative Horizon in 2009 HR Concepts Dysfunction Doesn’t Make Cents The Three R’s of Environmental Sustainability PIHRA Calendar Scope on the Districts PIHRA’s New Members Index to Advertisers

PIHRA Scope - Winter 2008

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