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Signal or Veto? Payments Impacting Employers Await Governor Newsom’s Choice


Payments of significance to California employers have been handed by the California Legislature within the remaining days of the 2022 session, which ended yesterday.  Governor Gavin Newsom has till September 30, 2022, to signal or veto consequential measures together with the next:

A New Council to Set Labor Requirements for Giant Quick Meals Chains – AB 257

Meeting Invoice 257, if signed by Governor Newsom, would mandate the creation of a 10-member Quick Meals Council approved to set minimal requirements for wages, working hours, office well being and security and “the suitable to be free from discrimination and harassment within the office” for quick meals sector workers.  If enacted, the Quick Meals Accountability and Requirements Restoration Act or FAST Restoration Act would govern all quick meals eating places in California which can be a part of a series of 100 or extra institutions within the U.S.  The minimal wage, most work hours and different requirements set by the Council would, in most situations, override different provisions of state legislation.  The Council won’t be able to set requirements till a petition signed by 10,000 quick meals workers is offered to the Division of Industrial Relations.  The invoice bars the Council from setting a minimal wage for quick meals sector workers in 2023 that’s better than $22 per hour.

Pay Transparency for Staff and Candidates – SB 1162

Senate Invoice 1162 would require employers with 15 or extra workers to incorporate pay scales in any job postings.  “Pay scale” is outlined because the wage or hourly wage vary that the employer moderately expects to pay for the place.  The measure additionally requires all employers to supply present workers with the pay scale for his or her positions upon request.  Present legislation solely requires employers to supply candidates with a pay scale upon request, so this invoice would broaden the pay transparency requirement.  It isn’t but clear if the brand new necessities would apply to solely positions carried out from California or to California employers who publish jobs anyplace, or each. The invoice features a high quality of as much as $10,000 per violation.  Along with the pay transparency elements, SB-1162 would enhance reporting necessities for employers with 100 or extra workers past what’s presently required for EEO-1 reporting.

Supplemental Paid Sick Go away Extension – AB 152

Meeting Invoice 152 extends California COVID-19 supplemental paid sick go away provisions from September 30, 2022, the present expiration date, by means of December 31, 2022, permitting workers to make the most of any unused COVID-19 supplemental paid sick go away over the last three months of the 12 months, though the invoice doesn’t enhance the whole quantity of go away out there. The invoice additionally funds grants of as much as $50,000 to reimburse small companies and nonprofits for COVID-19 supplemental paid sick go away paid out at any time in calendar 12 months 2022.

Safety for Off-the-Job Marijuana Use – AB 2188

Meeting Invoice 2188 would amend the California Honest Employment and Housing Act to make it illegal for an employer to discriminate towards an individual for his or her use of hashish off the job and away from the office.  Particularly, the invoice would prohibit employers from discriminating towards candidates or workers on the idea of drug exams exhibiting solely the presence of nonpsychoactive hashish metabolites within the particular person’s system.  Such metabolites might stay in an individual’s physique for weeks after using hashish.  The invoice wouldn’t bar employers from basing actions on both exams that establish the presence of THC (versus metabolites) in an individual’s saliva or different bodily fluids or exams of impairment as in comparison with the worker’s baseline efficiency.  The invoice doesn’t go as far as to guard hashish use or impairment on the job.  

Safety for Staff Who Go away Work Throughout Emergencies – SB 1044

Senate Invoice 1044 would permit workers to depart work or refuse to report back to work with impunity in the event that they moderately consider the worksite is unsafe throughout an “emergency situation.”  Extra particularly, the invoice would make it illegal for an employer to take or threaten hostile motion towards an worker for refusing to report back to or for leaving a worksite throughout an emergency situation if the worker moderately believes the work location is unsafe.  Underneath the invoice, “emergency circumstances” are circumstances the place “pure forces or a felony act” create circumstances of “excessive peril to the security of individuals or property.”  The invoice would additionally make it illegal for an employer to bar the worker from utilizing their mobile phone or different gadget whereas on obligation to let somebody know they’re protected, to name for emergency help or to evaluate the security of the state of affairs.  Pandemics usually are not emergency circumstances beneath the invoice. 

Our California Labor & Employment workforce will maintain you updated on the Governor’s actions on these and different necessary payments impacting California employers.

If we might show you how to, please contact one of many authors or your Fox Rothschild LLP counsel.

This publish supplies normal info and doesn’t represent authorized recommendation to any particular person with respect to any circumstance.  This publish doesn’t create an attorney-client relationship with any particular person.  

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