AB 1442: Essential Worker Commission.

11050.

(a) California’s economy depends on a strong and reliable workforce, particularly in our agricultural and service industries. These sectors form the backbone of our state’s economy, providing essential goods and services to millions of Californians. However, a significant portion of this workforce consists of essential workers who lack a formal work authorization pathway due to the federal government’s failure to enact comprehensive immigration reform. Without a stable and authorized workforce, these industries face ongoing labor shortages, economic instability, and operational uncertainty.

(b) California has one of the largest workforces of individuals lacking employment authorization in the United States, with estimates suggesting that over 1,600,000 undocumented workers contribute to the state’s economy. These individuals are concentrated in industries like agriculture, construction, hospitality, health care, and domestic work sectors that are vital to California’s economic well being. Yet, due to their lack of status, they face barriers to workplace protections, creating instability for both workers, employers, and the economy as a whole.

11051.

For purposes of this chapter, the following definitions shall apply:

(a) “Essential Worker Commission” means the Essential Worker Commission established pursuant to this chapter.

(b) “Essential worker” means an undocumented worker in the state who performs critical labor necessary for the functioning of the state’s economy, including, but not limited to, agriculture, health care, construction, food service, domestic work, and other frontline industries.

11052.

The Essential Worker Commission is hereby established within the Labor and Workforce Development Agency.

11053.

(a) The Essential Worker Commission shall be composed of 16 members as follows:

(1) A member appointed by the Occupational Safety and Health Standards Board (Cal-OSHA), who is a member of that board.

(2) A member appointed by the State Public Health Officer.

(3) A member appointed by the Speaker of the Assembly.

(4) A member, appointed by the Speaker of the Assembly, who is an essential worker.

(5) A member appointed by the Senate Committee on Rules.

(6) A member, appointed by the Senate Committee on Rules, who is an essential worker.

(7) Two members appointed by the Governor.

(8) A member appointed by the Labor and Workforce Development Agency.

(9) A member, appointed by the Labor and Workforce Development Agency, who represents a labor union representing essential workers.

(10) A member, appointed by the Labor and Workforce Development Agency, who represents a Federally Qualified Health Center serving more than 75 percent farmworker patient population in one of the top three counties that employ farmworkers.

(11) A member, appointed by the Labor and Workforce Development Agency, who represents a statewide business organization that employs essential workers.

(12) A member, appointed by the Labor and Workforce Development Agency, who represents the agricultural industry.

(13) A member, appointed by the Labor and Workforce Development Agency, who represents a local governmental entity involved in essential worker integrating.

(14) A member, appointed by the Labor and Workforce Development Agency, who represents a public health organization with expertise worker well-being.

(15) A member, appointed by the Labor and Workforce Development Agency, from an urban community-based organization providing assistance and services to essential workers in retail industry.

(16) A member, appointed by the Labor and Workforce Development Agency, with extensive knowledge and history of having testified and developed provisions contained in the Immigration Reform and Control Act (IRCA) of 1984 (Public Law 99-603).

(b) Members appointed to the commission shall serve at the pleasure of the appointing authority.

(c) The members shall elect a chairperson.

11054.

On or before July 1, 2027, the Essential Worker Commission shall review, investigate, and analyze issues relating to the vital and indispensable workforce in California of essential workers, as identified by the Cybersecurity and Infrastructure Security Agency of the United States Department of Homeland Security. Recognizing the significant and critical role of the essential worker workforce to the state’s economy, the Essential Worker Commission shall assess each issue, including how each issue will apply to the unauthorized essential worker should they remain unauthorized, what legislative measures shall be pursued within the state or by the California congressional delegation to assist or allow essential workers to become authorized and employed in the state. The issues reviewed, investigated, and analyzed by the Essential Worker Commission shall include, but not limited to, all of the following:

(a) Workplace safety and health protections, including assessing the effectiveness of existing workplace safety regulations and assessing protections during public health emergencies.

(b) Wages and benefits, including examining pay equity, hazard pay, paid leave, and access to health care for essential workers.

(c) Labor rights and protections, and evaluation of enforcement of labor laws, including protections against wage theft and worker misclassification.

(d) Workforce development and training, including identifying pathways for career advancement, education, and skills training for essential workers.

(e) Support for disadvantaged communities to address the disproportionate impact of workplace hazards and economic instability on low-income and marginalized essential workers.

(f) Public and private sector collaboration, including reviewing the role of government and businesses in improving conditions for essential workers.

(g) Emergency preparedness and response, including developing strategies to better support essential workers during future crises, such as pandemics, natural disasters, and economic downturns.

(h) Recognizing the significant and critical role of the essential worker workforce to the state’s economy, the Labor and Workforce Development Agency shall assess the issues specified in subdivision (a), including how each issue will apply to the unauthorized essential worker should they remain unauthorized, what legislative measures shall be pursued within the state or by the California congressional delegation to assist or allow essential workers to become authorized and employed in the state.

11055.

On or before January 1, 2028, the Essential Worker Commission shall, based on the review, investigation, and analysis completed pursuant to this chapter, establish the Essential Worker Legal Work Program to provide essential workers with legal pathways to remain in California and work lawfully. The program shall include recommendations for policy changes, collaboration with federal agencies, and resources to support essential workers in securing legal employment status.