§ 316. — 316. (Amended by Stats. 2021, Ch. 78, Sec. 6.)

California § 316.

• Jurisdiction: California
• Code UIC: Unemployment Insurance Code - UIC
• Div. 1.: DIVISION 1. UNEMPLOYMENT AND DISABILITY COMPENSATION
• Part 1.: PART 1. UNEMPLOYMENT COMPENSATION
• Ch. 2.: CHAPTER 2. Administration
• Art. 1.: ARTICLE 1. Employment Development Department

Text

(a)
For purposes of this section, the following definitions shall apply:
(1)
“Additional languages” means the top 8 to 15 non-English and nonprimary languages used by limited English proficient adults in California according to the most recent American Community Survey by the United States Census Bureau.
(A)
Whether referring to written or spoken languages, the eight additional languages in 2021 are Arabic, Farsi, Punjabi, Russian, Japanese, Hindi, Mon-Khmer (Cambodian), and Thai.
(B)
The department shall thereafter review, evaluate, and update the list of additional languages at least every three years. In determining how many languages to include in the definition of “additional languages,” the department may consider various data sources, including, but not limited to, the United States Census Bureau, including the American Community Survey, other state and local government agencies, feedback from community-based organizations, and the department’s own data tracking measures.
(2)
“Limited English proficient” means individuals who do not speak English as their primary language and who have a limited ability to read, write, understand, or speak English.
(3)
“Linguistic variant” means a distinct form of a language used by people from a specific country or region.
(4)
“Multilingual access portal” means the section of the department’s website that synthesizes critical website content and features all translated vital unemployment insurance documents.
(5)
“Primary languages” means the top seven non-English languages used by limited English proficient adults in California according to the 2019 American Community Survey by the United States Census Bureau.
(A)
When referring to written languages, the top seven languages are Spanish, traditional Chinese, simplified Chinese, Vietnamese, Tagalog, Korean, and Armenian.
(B)
When referring to spoken languages, the top seven languages are Spanish, Cantonese, Mandarin, Vietnamese, Tagalog, Korean, and Armenian.
(6)
“Vital information” means information, whether written, oral, or electronic, that is necessary for an individual to understand how to obtain any aid, benefit, service, or training or is required by law.
(b)
There shall be maintained within an appropriate division of the department, a bureau, section, or unit relating to education and public instruction for the purpose of informing employers and workers of their rights and responsibilities under this code, and of instructing the public generally
concerning its basic purposes, provisions, and operations. All standard information employee pamphlets concerning unemployment and disability insurance programs shall be printed in English and the
primary languages.
(c)
Commencing no later than June 1, 2022, each application for unemployment insurance shall contain a section asking the individual to identify their preferred written and spoken or signed languages to be kept in the individual’s claims record.
(d)
Commencing no later than January 1, 2022, the department shall provide oral and signed language unemployment insurance services in real time by qualified interpreters or qualified bilingual staff.
(1)
If the department staff cannot obtain interpretation in the individual’s language and linguistic variant in real time after good faith efforts to
acquire language services, the department shall provide the individual with a return telephone or relay call in the individual’s language within a reasonable timeframe.
(2)
Upon the individual’s request, a qualified interpreter shall read the department’s documents and notices aloud in the individual’s preferred language within a reasonable timeframe.
(e)
(1)
Commencing no later than December 1, 2022, the department shall do all of the following:
(A)
Provide dedicated phone lines for unemployment insurance claims in the primary languages in an effort to provide consistent wait times across all phone lines and collect and review data on phone usage by limited English proficient individuals.
(B)
Translate static, nonpersonalized documents containing unemployment insurance vital information into the primary and additional languages.
(C)
If the
individual’s language is not among the primary or additional languages, then upon the individual’s request, provide the individual with translation or oral or signed interpretation of documents in their preferred language.
(2)
All vital documents described in this subdivision shall be available on the department website.
(f)
The department shall translate the UI Online interface in the primary languages. The department shall make the translated UI Online interface available upon completion of the translation of each primary language, ending no later than April 1, 2024.
(g)
The department shall establish and host a primary language multilingual access portal for unemployment insurance. The department shall make the content available upon completion of the translation of each primary language, ending no later than February 1, 2024.
(h)
Before the completion of the multilingual access portal
described in subdivision (g), the department shall display both of the following on its internet website organized and translated by language:
(1)
Available translated notices and other vital documents.
(2)
The appropriate department phone number or phone numbers for individuals to contact when seeking multilingual unemployment insurance services in their preferred written or spoken language.
(i)
Commencing no later than March 1, 2022, the department shall do all of the following:
(1)
Engage linguistically marginalized communities to assist in expanding access to available unemployment insurance programs and services, including, but not limited to, all of the following activities:
(A)
Conduct targeted outreach to limited English proficient communities to solicit advice on policies and practices affecting individuals who are eligible for the department’s services and
benefits.
(B)
Market and promote its programs and services in the primary languages to the general public and limited English proficient communities.
(C)
Establish a grant program lasting at least two years to provide funding for community-based organizations to provide outreach and education to limited English proficient communities.
(2)
Employ a multilingual access coordinator and multilingual access unit to coordinate the department’s multilingual access services, provide technical assistance to department staff, and monitor the provision of multilingual access services.
(j)
The department shall engage in regular data collection, monitoring, and oversight of multilingual access unemployment insurance services. The department shall annually report this data to the legislative budget committees.
(k)
The provision of unemployment insurance language services shall not
cause an undue delay in receipt of services or benefits. If the department’s provision of language services unduly delays an individual’s receipt of services or benefits, the individual’s time to meet the department’s deadlines shall be extended for the period of time necessary to receive the language services.
(l)
No later than July 1, 2022, the department shall report to the legislative budget and policy committees on the status of multilingual access services to be delivered to individuals participating in the State Disability Insurance and Paid Family Leave programs.
(m)
A report to be submitted pursuant to this section shall be submitted in compliance with Section 9795 of the Government Code.

Legislative History

Amended by Stats. 2021, Ch. 78, Sec. 6. (AB 138) Effective July 16, 2021.