E-Blasts

Effective immediately, all employers are required to provide employees upon new hire or upon request by other employees with a written notice about their rights to take protected time off for medical treatment or legal proceedings if they are a victim of domestic violence, sexual assault or stalking. Under AB 2337, the Labor Commissioner’s office was required to develop a form which set forth the rights and duties of employers and employees under the law for employers to provide to employees by July 1, 2017. Employers were not required to comply with this notice requirement until the Labor Commissioner’s office posted the form on its website. The Labor Commissioner’s office has now completed the form and made that form available (attached here), triggering employers’ requirement to comply with this new law.

No Single Payer Healthcare in California—Yet

By: Rebecca Hause-Schultz

Senate Bill 562, the “Healthy California Act” will not become law during this legislative session. The bill would have created a universal health care system in California and put in place a government run, $400 billion dollar single-payer plan. While the bill was quickly moving through the legislature, and was passed by the Senate in June, Assembly Speaker Anthony Rendon has put the bill on hold. Rendon stated that there are “fatal flaws in the bill…including the fact that it does not address many serious issues, such as financing, delivery of care, cost controls, or the realities of needed action by the Trump administration and voters to make SB 562 a genuine piece of legislation.”

The California Department of Industrial Relations issued a news release on June 15, 2017 on behalf of Cal/OSHA reminding employers to protect outdoor workers from heat illness. You can read the news release here. Many areas throughout California will be reaching triple digits next week, which will trigger employers’ obligations to comply with California’s Heat Illness Prevention guidelines.

There have been reports of ICE agents in King City, Soledad, Santa Cruz, and Watsonville this week. At least nine King City residents were taken into custody. According to local law enforcement, ICE is not providing police departments or sheriff’s offices with any information other than to say they are working in the area. You can read local reporting about the raids here and here.

Opportunity to Work Act Stalls in Assembly
By: Jason Yang
 
Assembly Bill 5 (“AB 5”), which sought to introduce the “Opportunity to Work Act” (“The Act”) has been put on hold.  The Act would have required employers with more than 10 employees to offer non-overtime hours to their non-exempt employees before hiring new employees or contracting with a staffing firm.  The Act was modeled on a San Jose ordinance that went into effect on March 13th and Assemblywoman Lorena Gonzalez Fletcher, who sponsored the bill, stated that they wanted to see how the San Jose ordinance fared before moving forward with the Act.
 
COUNSEL TO MANAGEMENT:
 
Employers can breathe a sigh of relief, for now.  However, employers should anticipate that some version of the Act will be resurrected in the coming years, and perhaps as early as next year, depending on how the San Jose ordinance is received.

The City of San Jose is currently considering a law which would prohibit the city from actively assisting United States Immigration and Customs Enforcement (“ICE”).  Under the proposed “Shield Our City” ordinance, the San Jose Police Department would be prohibited from entering into a formal agreement with ICE to provide information or assist in raids. Additionally, ICE would be required to seek permission from the City Attorney’s office before carrying out raids in San Jose’s designated “safe zones,” such as schools, hospitals, courthouses and places of worship. Republican Councilman Lan Diep, who proposed the ordinance, stated that the goal of the law is to control the manner in which these raids take place rather than stopping the federal government from enforcing Federal law.

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