AB-119 & SB-270
AB-119, a California bill signed into law in 2017, requires public employers, including UC, to provide unions with an accurate list of new (within 30 days of employment) and current employees’ contact information, including:
- Name
- Job title
- Department
- Work location and address
- Home address and phone numbers
- Personal cellular telephone numbers
- Personal email addresses
To comply, UC Merced is working on an “AB-119 Project” to standardize employee information reports, update the physical work location of employees and ensure that all contact information is complete in UCPath. This project is a high-priority project based on the passage of SB 270.
SB-270, a California bill signed into law in 2021, authorizes unions to file unfair labor practice claims for violations of AB-119 with the Public Employee Relations Board (“PERB”). Violations will incur a penalty of up to $10,000. Employers may have an opportunity to cure the violation up to three times per twelve-month period.
UCPath Data Overview:
UCPath’s approach to the Work Location reporting requirement of AB119 is to use the Work Location in UCPath. Work location is a combination of:
- The physical Position location including:
- Building/Address
- Floor number as the location code.
- Additional location information specific to the employee in the position, such as suite number or cubicle. This is recorded in the cubicle field in the employee's Job Data.
Please review the information below (FAQs) for details on how Work Location is determined for various employee situations such as remote work, graduate students, lecturers, and more. Departments can complete the Employee Work Location/Personal Phone Update form to update employee’s work location.
*Departments are responsible for ensuring accurate location is input for all represented employees. Any penalties assessed for failure to provide location information may be the responsibility of the Department.
Personal Contact Information for Represented Employees
In addition to providing accurate Work Location information, employers are required to provide personal contact information for represented employees to Unions. Position Delegates or assigned Admins have access to correct missing or incorrect personal contact information for employees using the Employee Work Location/Personal Phone Update form.
FAQs
Q: What is AB-119?
A: AB 119 requires the University to provide the following information in our records to unions about the employees they represent:
- Name
- Job title
- Department
- Work location and address
- Home address and phone numbers
- Personal cellular telephone numbers
- Personal email addresses
This information is to be provided within 30 days of a new hire, and then at least every 120 days theareafter.
Q: Why are we doing this now?
A: AB 119 was signed into law in 2017. We now have an HR system which can track physical work locations and report personal contact information. Unions will be using UCPath reports to gather information about their union employees. HR and Payroll Services are partnering with campus leaders to work on gathering information to be entered in UCPath.
Q: Are there fines?
A: Yes, fines of up to $10,000 may be assessed, but that is currently undergoing a vote (see Bill Text - SB-270 Public Employment: Labor Relations: Employee Information). Any penalties assessed may be the responsibility of the Department whose failure to report results in penalties.
Q: Do all employees have to have a Work Location?
A: Yes. The Location Code is a required field on all Positions in UCPath. All employees should have a primary work location, even if that location is “remote.” If the employee does not have an assigned cubicle, indicate the room number where they would most often start/end their workday/shift.
Q: What needs to be included in an employee’s Work Location?
A: Location Code + Cubicle (or room if no cubicle is assigned) = Work Location
- UCPath has additional fields to augment the Location Code data with more specific information that can include the cubicle or room (if no cubicle is assigned).
- The University reports the work location of represented employees to unions based on a combination of the Location Code on their Position record, and the data entered in the Cubicle field on the Job record.
- If the Location Code on the incumbent's Position is incorrect (Address and/or Location are wrong), the Position will need to be updated with the correct Location Code.
- Use the Employee Work Location/Personal Phone Update form to report changes to an employee’s work location.
Q: Can I use the UC Merced directory information?
A: No, please contact the employee’s direct supervisor/manager to verify their physical office/work location.
Q: I see that there are location codes for each floor in my building. Do I have to provide the floor where union employees work?
A: Yes, UCOP Labor Relations has requested that all employee location code assignments are tracked down to the floor level.
Q: Do we have to track what cubicle or office number an employee is working in?
A: Yes, a cubicle should be provided when assigned. If no cubicle is assigned, please indicate the room number.
Q: I have employees who are assigned various locations because they “float” or are required to work in multiple locations on a given day. What one location code do I assign them?
A: If they work in several places for the same job (i.e., Position #) then use the location code that corresponds to where they work most often.
- Graduate student (GSR): the departmental administrative office should be used as their work location unless they work in a specific lab.
- Lecturer/TA/TF/Reader/Remedial Tutor/Tutor: The departmental administrative office should be listed as their work location unless they have an office or assigned cubicle.
- Grounds/Facilities: If the employee doesn't have a specific location where they regularly work, use the location information for the employee’s direct supervisor. The supervisor should be able to direct a union representative to the employee.
Q: I have employees working from home 100% and some who are hybrid, what location code do I use?
A: Use the following codes for the appropriate circumstance:
- Staff: Greater than 50% remote OR Academic: < 50% remote:
- if employee is working a majority of their workweek remotely. Example: Employee works 5 days a week and 3 days or more of those days are conducted remotely.
- Staff: FULL REMOTE OR Academic: FULL REMOTE:
- if the employee is not to ever set foot on UC site or location affiliated with UC, including but not limited to, leased, or rented space, until further notice.
- Work Location:
- enter specific workspace location code (include building and floor) if employee is working a majority of their workweek at UC on site or a location affiliated with UC.
Q: What if the employee’s Location Changes frequently?
A: When an employee's location changes, the Department is responsible for timely notification to Payroll Services who will update the information in UCPath.
- Use the Employee Work Location/Personal Phone Update form to report changes to the employee’s primary work location as soon as the change is known.
Q: What if the report includes other error not related to work location, e.g., supervisor is inaccurate?
A: Inaccuracies or discrepancies that are not related to work location on your divisional staffing report will need to be corrected following normal payroll processes
Q: Are there reports we can run to see current employee location information?
A: Cognos:
- UCPath Cognos Report, “R-272 Employee Roster” shows Location Code, Location Description and the cubicle field.
Q: Who should I contact for more information or if a union representative contacts me?
A: For support or more information about compliance, legislation or union contact, please direct all questions to UC Merced’s Employee Labor Relations at laborrelations@ucmerced.edu
Q. What happens if there is a grievance related to an employee's work location?
A: An ELR representative will contact the department with next step information.
