FRIDAY FLURRY: UPDATES ON THE NEWS FROM THIS WEEK

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09/23/2017

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FRIDAY FLURRY: UPDATES ON THE NEWS FROM THIS WEEK

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.”

Speaker Rendon further stated that SB 562 will remain in the Assembly Rules Committee until further notice, noting that the bill is not “dead.” The legislature may revisit the bill during the next legislative session starting in January, 2018.

COUNSEL TO MANAGEMENT:

Healthcare remains and will continue to be a hot button issue both in California and nationally. Because of the changing landscape of healthcare laws, and requirements issued both on the Federal and State level, employers should remain up to date on developments in the healthcare debate. If you have any questions about employee benefits, please contact the experts at The Saqui Law Group.

Emanuel Makes Five: NLRB Now Complete

By: Rebecca Hause-Schultz

On June 28, 2017, President Trump announced the nomination of William Emanuel to the National Labor Relations Board (“NLRB”). With this nomination, President Trump has now filled the fifth and last vacancy on the Board. This announcement follows on the heels of President Trump’s nomination of Marvin Kaplan to the Board, which we reported on here. If confirmed, Emanuel and Kaplan will, along with Chair Phillip Miscimarra, represent a Republican majority on the board.

COUNSEL TO MANAGEMENT:

As expected, President Trump has nominated conservatives to the Board, which shifts the majority back to Republicans. With the changing face of the board, there is speculation as to what Obama-era decisions could be reversed. However, it is important to note that although the board is adding more Republican members, for now, prior decisions remain in effect. If you have any questions about the NLRB or how NLRB decisions affect your company, contact the experts at The Saqui Law Group.

REMINDER: New Employment Regulations Effective July 1, 2017 for California Employers

By: Kevin Cleveland

This is a reminder that beginning July 1, 2017, new regulations from the Department of Fair Employment and Housing are in effect in California, including:

  1. Employers cannot request gender or sex-related information from applicants and employees and employers are required to honor employees’ requests to be identified by a preferred gender, name, or pronoun.

  2. Employers must ensure equal access to restrooms and other similar facilities regardless of gender identity, gender expression, or transgender status in addition to the gender neutral signage requirements that went into effect earlier this year.

  3. Employers also can not consider certain types of criminal history or seek such information from the employee, applicant, or a third party. This information includes:

    • An arrest or detention that did not result in conviction;

    • Referral to or participation in a pretrial or post-trial diversion program;

    • A conviction that was judicially dismissed or ordered sealed, expunged, or statutorily eradicated pursuant to law;

    • An arrest, detention, processing, diversion, supervision, adjudication, or court disposition that occurred while the person was subject to the jurisdiction of juvenile court;

    • A non-felony conviction for possession of marijuana if the conviction is more than two years old.

Though much of this information could already not be considered, the new regulations go further and prevent employers from even obtaining the information. Additionally, under the regulations, any consideration of criminal history, other than those items listed above which are strictly prohibited, is not allowed if it would have an adverse impact on a protected class and the employer cannot prove that such consideration is job related or consistent with business necessity.

COUNSEL TO MANAGEMENT:

Yet again the legal landscape for employers is changing and becoming more restrictive. Please review your company policies and practices regarding the above issues to help ensure compliance. If the Company’s policies or practices need to be updated contact the legal experts at the Saqui Law Group.
 

 

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