In a final minute whirlwind of exercise by California’s Legislature, a major variety of employment-related payments have now made their method to Governor Newsom’s desk and await their destiny. Under are highlights of a few of the payments which will have an effect on California employers, ought to Governor Newsom signal them into regulation.
SB 1162: Pay Information Reporting and Disclosures
SB 1162 would increase the info that non-public employers with at the very least 100 staff should report back to the California’s Division of Truthful Employment and Housing. This expanded knowledge would come with the median and imply hourly price for every mixture of race, ethnicity and intercourse inside every job class. SB 1162 would additionally require employers which have 100 or extra staff employed by way of labor contractors to submit a separate pay knowledge report for these staff. The invoice would allow a courtroom to impose civil penalties upon an employer for failing to file the required report.
Amongst different necessities, SB 1162 would additionally require employers, upon request, to offer staff the pay scale for the place that the worker at present holds. Employers with 15 or extra staff would even be required to incorporate the pay scale for a place in any job posting. As well as, the invoice would require employers to keep up information of job title and wage price historical past for every worker for a sure time interval.
AB 257: Quick Meals Accountability and Requirements Restoration Act**
AB 257 would set up a 10-member Quick Meals Council inside the Division of Industrial Relations whose goal can be to find out sure requirements for the quick meals trade, together with minimal wage requirements, working hours, and different working situations associated to well being, security, and welfare. To this finish, the Quick Meals Council can be empowered to concern, amend, and repeal guidelines and laws governing the quick meals trade. For example of 1 such energy, the Council would have the ability to improve the minimal wage for quick meals employees as much as $22 per hour as of January 1, 2023, and every year thereafter, the speed could also be elevated by the lesser of three.5% or the rise within the Client Value Index. AB 257 would additionally permit any county or metropolis with 200,000 or extra residents to kind an area quick meals council.
AB 257 would additionally impose new requirements for discrimination and retaliation of quick meals employees. Importantly, it could create a rebuttable presumption of illegal discrimination if a quick meals restaurant operator terminates or takes different antagonistic motion in opposition to an worker inside 90 days of the employer studying that the worker filed a criticism, or refused to work as a result of the worker has affordable trigger to imagine that the restaurant would violate employee or public well being and security legal guidelines.
** Replace: On September 5, 2022, Governor Newsom signed AB 257 into regulation.
AB 1041: Enlargement of California Household Rights Act
AB 1041 would increase who an worker might take go away to take care of underneath the California Household Rights Act (“CFRA”) to incorporate a “designated individual.” A “designated individual” can be any particular person associated by blood or whose affiliation with the worker is equal to a household relationship. The worker would have the ability to determine the “designated individual” on the time the worker requests the go away and the employer can restrict the worker to at least one “designated individual” per 12-month interval. AB 1041 would additionally increase the time period “member of the family” underneath Labor Code Part 245.5, which governs paid sick days, to incorporate “designated individual.”
AB 1949: Bereavement Go away
AB 1949 additionally seeks to amend the CFRA. Below AB 1949, an employer can be prohibited from refusing an eligible worker’s request to take as much as 5 days of bereavement go away within the occasion of a loss of life of a member of the family. AB 1949 would require the go away be taken inside three months of the date of loss of life, and would require go away be taken pursuant to any current bereavement go away coverage of the employer. Nonetheless, if the employer doesn’t have a coverage in place, AB 1949 would authorize an worker to make use of go away balances (i.e., accrued and obtainable paid sick go away) or in any other case take unpaid bereavement go away.
SB 1044: Prohibition on Antagonistic Motion in Occasion of Emergency Circumstances
SB 1044 would prohibit an employer, within the occasion of an “emergency situation,” from taking or threatening to take an antagonistic motion in opposition to an worker for refusing to report back to or leaving the office as a result of the worker has an affordable perception that the office is unsafe. The place possible, the worker should notify the employer of the emergency situation previous to the worker leaving or refusing to report back to work. SB 1044 would additionally prohibit an employer, within the occasion of an emergency situation, from stopping an worker from accessing their cell gadget to hunt emergency help, assessing the security of the scenario, or speaking with an individual to verify their security.
An “emergency situation” is outlined as both: (1) situations of catastrophe or excessive peril to the security of individuals or property on the office attributable to pure forces or a legal act; or (2) an order to evacuate a office, a employee’s residence, or the varsity of a employee’s little one attributable to pure catastrophe or a legal act.
AB 2188: Stopping Discrimination on the Foundation of Hashish Use
AB 2188 seeks to amend the FEHA to make it illegal for an employer to discriminate in opposition to an individual in hiring, termination, or different time period or situation of employment, on the premise of the individual’s hashish use outdoors of the office, apart from preemployment drug screening or employer-mandated drug assessments. Nonetheless, AB 2188 has a carve-out for sure candidates and staff, together with these within the constructing and development trades, and people in positions which require federal background investigations.
AB 1751: Employee’s Compensation and COVID-19
Present employees’ compensation legal guidelines embrace sure COVID-19 protections for workers. For instance, underneath particular circumstances, an worker’s sickness or loss of life associated to COVID-19 is a qualifying “damage,” and there’s a disputable presumption that the damage arose out of and in the midst of employment. Different employees’ compensation legal guidelines govern the provision of quick time period incapacity advantages or leaves of absences within the occasion an worker contracts COVID-19. Nonetheless, lots of the COVID-19 protections in employees’ compensation legal guidelines are set to run out on January 1, 2023.
AB 1751 would increase choose COVID-19 employees’ compensation provisions till January 1, 2024, and would lengthen to sure state staff not beforehand lined.
AB 152: COVID-19 Supplemental Paid Sick Go away Reduction
AB 152 would set up a grant program inside the Governor’s Workplace of Enterprise and Financial Improvement to help certified small companies and non-profits which have incurred prices for COVID-19 supplemental paid sick go away for its staff.
SB 1262: Further Indexes for Background Checks
SB 1262 would require that public information of defendants in legal instances be searchable and able to filtering based mostly on the defendant’s driver’s license quantity or date of delivery. This will likely end in background checks turning into more easy to carry out.
AB 2183: Agricultural Labor Union Elections
Along with the polling place election course of now in place to designate a collective bargaining consultant, AB 2183 would permit a labor group to be licensed because the unique bargaining consultant of a bargaining unit by way of a labor peace election or a non-labor peace election. A labor peace election can be a mail poll election. A non-labor peace election would set up a course of to submit a petition with proof of majority help.
AB 1601: Name Heart Protections
Below current regulation, employers are prohibited from ordering a mass layoff, relocation, or termination with out satisfying written discover necessities to sure events and entities, together with the workers, the EDD, and specified native officers. AB 1601 would increase these protections to name heart staff by prohibiting a name heart employer from ordering a relocation of its name heart (for instance, by shifting it in another country) with out satisfying the foregoing discover necessities.
AB 1601 would additional require the EDD to publish an inventory of name heart employers who’ve given discover, and supply workforce companies to the employer and the decision heart staff who’re laid off on account of the relocation of the decision heart. If a name heart employer fails to offer discover, AB 1601 would render the employer ineligible for an award or renewal of state grants or state-guaranteed loans for 5 years, amongst different treatments.
SB 1334: Meal and Relaxation Intervals for Public Sector Hospital Staff
SB 1334 would entitle staff who present or help direct affected person care in a hospital or public well being setting immediately employed by public sector employers to meal and relaxation interval protections prescribed by California regulation.
AB 2448: Recognition for Companies Free From Discrimination and Harassment
AB 2448 would create a pilot program inside the FEHA to acknowledge companies that create environments free from discrimination and harassment (i.e., for its clients). AB 2448 duties FEHA’s enforcement physique with creating standards to qualify companies for recognition, together with demonstrating compliance with the Unruh Civil Rights Act. All qualifying companies would obtain a certificates and be printed to an web database maintained by the division which lists companies that acquired the certificates.
AB 2777: Sexual Assault Statute of Limitations
AB 2777 would increase the time for graduation of a civil motion for restoration of damages suffered on account of sexual assault. AB 2777 would revive sure claims which might have in any other case been barred as a result of the statute of limitations had expired.