On October 10, 2023, Governor Newsom signed into law Assembly Bill 1484, which will include temporary employees in the bargaining groups created under the Meyers-Milias-Brown Act (“MMBA”). AB 1484, which will be codified as California Government Code §3507.7, goes into effect on January 1, 2024.
Who Is Covered Under Government Code §3507.7?
Newly adopted Government Code §3507.7 imposes requirements for temporary employees “who have been hired to perform the same or similar type of work that is performed by permanent employees represented by a recognized employee organization.” A “temporary employee” includes:
- a temporary employee;
- casual employee;
- seasonal employee;
- periodic employee;
- extra-help employee;
- relief employee;
- limited-term employee;
- per diem employee; and
- any other public employee who has not been hired for a permanent position.
See Cal. Gov. Code §3507.7(b)(1)(A). However, nothing in Section 3507.7 supersedes or exempts any requirements for individuals working after retirement from a public retirement system. See Cal. Gov. Code §3507.7(d).
Requirements Under Government Code §3507.7
The law now mandates that if requested by a recognized employee organization, then temporary employees must be included in the same bargaining organization as permanent employees, if the requested classification of temporary employees is not already included in that unit.
If not already addressed in the memorandum of understanding (“MOU”), the public employer must promptly participate in collective bargaining to establish the newly added temporary employees’ wages, hours, and terms and conditions of employment. See Cal. Gov. Code §3507.7(b)(1)(B). Such bargained-for terms must then be incorporated as an addendum to the MOU. If requested by the recognized employee organization, employers must provide the terms and conditions of both permanent and temporary employees in one single MOU. Id. Though the terms for each may be in the same MOU, permanent and temporary employees are not required to have the same employment terms and conditions.
Upon hire, public employers must provide temporary employees with:
- a job description;
- wage rates;
- eligibility for benefits;
- anticipated length of employment; and
- how to apply for open, permanent positions.
Government Code Section 3507.7(b)(2). The employer must also provide the representative organization with the same information within five days of hiring. Id. Additionally, where applicable, employers must include the date that the temporary employment will end when sending employee information to the representative organization pursuant to §3558. Id.
Employee organizations represent temporary employees in the following circumstances:
- in all matters relating to employment conditions and employer-employee relations;
- if a temporary employee is entitled to seniority or other benefits upon obtaining a permanent position; and
- if a temporary employee receives hiring preference over outside candidates for permanent positions.
See Cal. Gov. Code §3507.7(b)(4)(A)-(C). This rule only applies to MOUs referencing temporary employees entered into after January 1, 2024. Id.