Executive Summary
After AB257 failed to pass the Assembly last June, the Assembly amended AB257 and was able to pass the bill.
Analysis
AB257 has been reintroduced by Assembly Members Holden, Carrillo, Low, and Luz Rivas with Coauthors Assembly Members Mia Bonta, Gipson, Kalra, McCarty, Muratsuchi, and Santiago. Addressing concerns raised from the previous year that led to AB257 falling short by three votes, AB257 has been amended to take out certain Health and Safety code provisions but, most relevant here, to include the following new language related to the power of the Fast Food Sector Council:
- This bill would require the council to submit a report to the Legislature, as specified, for a standard, or repeal or amendment of a standard, to become effective at least 60 days after the report is received by the Legislature, as specified and subject to exceptions. The bill would also require the council to provide information as requested by the appropriate committees of the Legislature on labor to facilitate a review of the council’s performance and standards, as specified.
- (k) Nothing in this act is intended to usurp or encroach on the Legislature’s ability to establish standards governing the health, safety, welfare, and employment of workers, including fast food restaurant workers. It is the intent of the Legislature to ensure that legislators have sufficient time to review and, as appropriate, take legislative action with respect to fast food standards established by the expert body, which will be promulgated pursuant to notice-and-comment rulemaking procedures, before those standards take effect.
- (2) (A) A standard, or repeal or amendment of a standard, shall not take effect until the council submits, to the appropriate committees on labor of each house of the Legislature and pursuant to Section 9795 of the Government Code, a report that contains a copy of that standard, repeal, or amendment and a statement of the council’s reasons for adopting that standard, repeal, or amendment.
- (B) (i) A standard, or repeal or amendment of a standard, shall not take effect until at least 60 days during which the Legislature is in session have passed since the report required by this paragraph was received by the Legislature.
(ii) This subparagraph shall not apply to emergency standards.
(C) The council shall provide information as requested by the appropriate committees of the Legislature on labor to facilitate a review of the council’s performance and standards under this section, which review may be conducted in a joint hearing held every three years or as otherwise designated by the appropriate committees of the Legislature on labor.
(3) Nothing in this section shall be construed to give the council the authority to create or amend statutes.
After amendment, the Assembly passed AB257 with a vote count of 43 Ayes, 13 Noes, and 20 NVR.
Looking Forward
One of the primary noted concerns last year by several assembly persons was that the Fast Food Sector Council would be given with power that allowed it to act as its own independent pseudo-legislative body. While there is language in the amendment that would seemingly address this concern, the bill still provides impermissible power to the Council. Unfortunately, as evident by the passage of the bill on the Assembly floor, these tweeks satisfied the concerns of enough Assembly persons to move the bill forward.
This article was originally published on the California Franchise Network.
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Thomas O’Connell – Tom O’Connell is a Shareholder at Buchalter APC, where he serves as Chair of the firm’s Franchise Law Practice and Chair of Litigation for the firm’s San Diego office.
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