AB 1484: Protecting the Rights of Temporary Workers in the Public Sector

California public sector agencies have increasingly relied on temporary workers to fill a wide range of duties that often entail identical or very similar work duties to those of permanent employees. In reality, these workers are not actually temporary, but may occupy these positions for many years—or indefinitely—without any promise of permanent employment. Labor advocates are concerned about public employers’ over-reliance on temporary workers, who are disproportionately women and people of color, because these workers are often paid lower wages, receive fewer benefits, and enjoy less job security. Reliance on temporary workers rather than permanent employees intensifies race and gender inequalities that already exist in the workplace.

In response to these concerns, the legislature drafted AB1484, which the governor signed into law in October 2023. Let’s be clear—this law is a big deal. It was met with enormous opposition from the employer community (even the private sector employer community, which was concerned about the effect of the bill on registry/traveler employee use, etc.) because it calls out and addresses head-on the overuse and abuse of temporary employees in the public sector. This bill begins to pave a legislative pathway to permanency for the temporary workforce. There is no other law of its kind. Over time, we should expect incremental improvements to this legislation, and other similar pieces of legislation.

AB 1484 applies to California local government employers covered by the Meyers-Milias-Brown Act (“MMBA”), including cities, counties, and local special districts. The requirements of AB 1484 are triggered where temporary public employees have been hired to complete the same or similar work that is performed by union-represented permanent employees. Upon request of the union, the new bill requires those temporary employees to be automatically included in the same bargaining unit as the permanent employees upon hire if the requested classification of temporary employees is not presently within the unit. Additionally, upon request of the union, public employers are required to bargain regarding wages, hours and other terms of employment for the temporary employees. The bill outlines several important employment conditions that an employer must bargain with a union, for instance, seniority credits and hiring preferences for temporary employees applying for permanent positions.

Furthermore, when public employers hire new temporary employees, they must provide the worker and the union with the applicable job description, wage rates, benefits summary, anticipated length of employment, and procedures to apply for open permanent positions.

The public employers must include in their “A.B. 119 report” (the contact information report it provides periodically to the union per Government Code section 3558), the anticipated end date or actual end date of temporary employees.

PERB has unfair practice jurisdiction to resolve disputes arising under this legislation.

Starting on January 1, 2024, we encourage unions to submit a request to the employer to include temporary employees in their bargaining units.

This bill represents a significant win for labor advocates and temporary public workers across the state as they are now given an avenue to advocate for more secure employment for temporary workers.

If you have any questions about this legislation, please contact your usual labor law counsel.