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SACRAMENTO � Tucked inside Gov. Arnold Schwarzenegger’s voluminous $143 billion budget proposal is a single-line spending provision that could mean big changes for California’s employment laws. The governor’s plan allocates slightly less than $500,000 to revive the Industrial Welfare Commission, the five-member body that regulates workers’ wages, conditions and hours. The Legislature de-funded � and effectively deactivated � the commission in 2004 amid complaints that it failed to consider a minimum wage hike. The budget offers no specific reason for re-funding the board and, unlike many of the governor’s other spending proposals, was not announced with any fanfare. Jehan Flagg, a spokeswoman for the Labor and Workforce Development Agency, said the governor budgeted the money only as “a safeguard” should an issue unexpectedly come before the commission. Flagg noted that the commission doesn’t meet regularly now and has “nothing coming up.” “I think he’s trying to fund it as a precautionary measure,” Flagg said. But plaintiff attorneys and labor groups fear the Republican governor wants to restore the commission to pursue business-friendly changes to existing rules that govern overtime, meal breaks and other workplace practices that have formed the basis for nine-figure class actions. “The concern would be that they’re trying to accomplish things through the IWC that they can’t through the Legislature,” said Steven Zieff, an employment law specialist with Rudy, Exelrod & Zieff in San Francisco. “You can assume that there are a lot of people who’ve contributed to the governor’s campaign who are putting pressure on him to make these changes.” Legislative Democrats allied with labor and trial lawyers have deterred efforts by the business lobby and the governor to weaken some of the most restrictive workplace laws in the nation. Labor unions have rallied public support to thwart other attempts to impose a business-friendly agenda on employment law.
‘I think he’s trying to fund it as a precau-tionary measure.’

Jehan Flagg Labor and Workforce Development Agency


In 2005 the administration tried unsuccessfully to relax rules guaranteeing workers a time-specific lunch break, first through an emergency regulation and then by a proposed rule subject to public vetting. Employers were particularly vexed by a three-year statute of limitations on claims against meal break violations. But the governor dropped the proposals in early 2006 amid heavy criticism from labor and Democrats. One month earlier an Oakland jury had slapped Wal-Mart with a $172 million judgment for denying lunch breaks to workers. “We’re concerned, frankly, about what the agenda of an Arnold Schwarzenegger [Industrial Welfare] Commission would be,” said Caitlin Vega, a legislative advocate with the California Labor Federation. Schwarzenegger turned to the dormant commission last summer during a spat with legislative Democrats over increasing the minimum wage. Lawmakers wanted the minimum wage hiked and then automatically boosted in future years based on an annual inflation index. The governor, seeking re-election, wanted to increase the minimum wage without the indexing. Before the commission could actually consider Schwarzenegger’s plan, Democrats reached a compromise with the governor on a one-time $1.25-an-hour increase. “We saw with the minimum wage that the issue was dealt with and dealt with well in the Legislature,” Vega said. The budget line-item for the IWC includes 2.8 new jobs. “But that’s on paper,” Flagg said. “It’s my understanding that we’re not going to go out and hire anyone or spend any money unless something happens.” Lawmakers seemed surprised by the governor’s IWC item and had little to say about it. Assemblyman Sandre Swanson, D -Oakland, the incoming chairman of the Committee on Labor and Employment, said through a spokeswoman that he was still reviewing the budget and would issue an analysis later.

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