This alert highlights selected and significant new laws, as well as California's rising minimum wages and exempt salary thresholds: SB 3, enacted in the 2015-2016 legislative session, sets forth a schedule for minimum wage increases through 2023. Alicia Fleming recalls trying to make her shifts at the restaurant while scheduling child care last-minute as an incredibly stressful experience. SB 820 renders as unenforceable any provision in any settlement agreement that prevents the disclosure of factual information related to claims filed in a civil action or administrative action regarding any of the following acts: 1. Employers and workers battle over Chicago's proposed predictable scheduling law. The bill requires the Department of Fair Employment and Housing (DFEH) to make publicly available a one-hour online training course for nonsupervisory employees, and a two-hour online training course for supervisory employees. The Budget Act of 2019 appropriated specified amounts from various funds for the support of state government. Information contained in this alert is for the general education and knowledge of our readers. The result was that — as a single parent without close family nearby — Fleming was often scrambling to find childcare. A national survey in 2014 showed that 41 percent of early career workers with hourly wages reported seven days or fewer notice on their schedules. The FAIR Act would ban forced arbitration for workers and consumers. One aim of AB 2770 is to help prevent future workplace sexual harassment by permitting former employers to communicate in a privileged way with an alleged harasser's new potential employer. Rate Caps/Limit on Charges The permissible interest rate is capped at an annual simple interest rate of 36% plus the federal funds rate. e. When conduct sufficiently offends, humiliates, distresses or intrudes upon its victim, so as to 1) disrupt the victim's emotional tranquility in the workplace, 2) affect the victim's ability to perform the job as usual, or 3) otherwise interfere with and undermine the victim's personal sense of well-being, that conduct deprives a victim of the statutory right to work in a discrimination-free workplace. The bill further provides that an employer who makes a temporary lactation location available to an employee will be in compliance if all of the following conditions are met: 1. the employer is unable to provide a permanent location because of operational, financial or space limitations, 2. the temporary lactation location is private and free from intrusion while an employee expresses milk, 3. the temporary lactation location is used only for lactation purposes while an employee expresses milk, 4. the temporary lactation location otherwise meets the requirements of state law concerning lactation accommodation. Fair Workweek laws (FWW), which are being passed across the country, require predictable scheduling practices for certain service and hospitality employees. California Mid-State Fair. The bill makes clear that a female director having held a seat for at least a portion of the year is not a violation. Current law requires an employer, upon reasonable request, to provide the pay scale for a position to an applicant applying for employment. For workers, these laws are of huge importance. AB 3109 makes unenforceable any provision that waives a party's right to testify in an administrative, legislative, or judicial proceeding concerning alleged criminal conduct or alleged sexual harassment of the other party to the contract or settlement agreement, or on the part of the agents or employees of the other party, if the party has been required or requested to attend the proceeding per a court order, subpoena or written request from an administrative agency or the legislature. Charges that would exceed that rate are prohibited, other than an “administrative fee” provided for by the statute. First, retail employers covered by the San Francisco ordinance are required to: Provide an initial estimate of an employee’s work schedule upon hire Long Covid "is a phenomenon that is really quite real and quite extensive," Anthony Fauci said earlier this month. A clothing retailer's on-call scheduling practices triggered reporting time pay requirements under California law, ruled a state appeals court (Ward v. Tilly's, Inc. , B280151 (Cal. Anna Gassman-Pines at Duke University and Elizabeth Ananat at Columbia University conducted a small study of parents of young children in Emeryville, CA, in which they compared predictability of schedules before and after the 2017 fair workweek law (using companies that were not covered by the law as a control group). SB 820, which adds California Civil Code section 1001, applies to any settlement agreement entered into on or after Jan. 1, 2019. Volatile hours not only mean volatile incomes, but add to the strain working families face as they try to plan ahead for child care or juggle schedules in order to take classes, hold down a second job, or pursue other career opportunities. The California Fair Access to Insurance Requirements (“FAIR”) Plan was created in July 1968 following the 1960’s brush fires and riots. In terms of providing a pay scale to an applicant for a position, the bill defines "pay scale" as "a salary or hourly wage range." On Wednesday, July 17, country music star Miranda Lambert will perform on the grandstand stage. For such liability to attach, the employer, its agents or its supervisors must know, or should have known, of the nonemployee's conduct and must fail to take immediate and appropriate corrective action. Sign up for the The number of people affected by unpredictable schedules is considerable: Over 9 million people work in food service and 16 million in retail, with estimates of one-third (and at least half of early career workers) receiving less than one week notice on schedules. However, employers must still be careful not to seek past salary history information. There is growing recognition that unpredictable, unstable, and often insufficient work hours are a key problem facing many U.S. workers, particularly those in low-wage industries. Workplace harassment or discrimination based on sex, or the failure to prevent an act of workplace harassment or discrimination based on sex, or an act of retaliation against a person for reporting harassment or discrimination based on sex. 2. The bill also provides much needed clarification regarding what employers can and cannot do during the hiring process and in making compensation decisions. Beginning Jan. 1, 2019, for employers with 26 employees or more, the minimum wage will increase from $11 per hour to $12 per hour, and the exempt annual salary threshold will increase from $45,760 … Jul 24, 2019. California's Minimum Wages and Exempt Salary Thresholds Increase in 2019 SB 3, enacted in the 2015-2016 legislative session, sets forth a schedule for minimum wage increases through 2023. “I was getting text messages the night before as to when I would be going into work the next day.” This last-minute scheduling was stressful and chaotic, and they said that it was difficult to sleep sometimes, not knowing whether to go to work hours later. SB 1300 makes several significant changes to the California Fair Employment and Housing Act (FEHA). These changes make it essential for employers to review their equal employment opportunity (EEO) policies and practices to ensure compliance and to mitigate risk. These laws were among the last acts signed by Gov. Harassment cases "are rarely appropriate for disposition on summary judgment.". AB 3109, which adds California Civil Code section 1670.11, applies to any contract or settlement agreement, entered into on or after Jan. 1, 2019. 5/14/2020 – 5/17/2020 Chowchilla, CA Cloverdale Citrus Fair. Consumer installment loans and consumer open-end lines of credit of $2,500 or more but less than $10,000 will be subject to the following new requirements. SB 224 adds the following relationships to that list: 1) elected official, 2) lobbyist and 3) director or producer. (Researcher Zeynep Ton also argues as much in her book The Good Jobs Strategy.) What’s at Stake Today. If you have specific questions regarding a particular fact situation, we urge you to consult competent legal counsel. Requires payment of “Predictability Pay” if employees accept shifts that begin less t… On-call employees might be restricted to waiting around at the business or near it. Lambert and colleagues recently conducted a study at Gap stores — in stores that randomly encouraged managers to make scheduling more predictable and stable, productivity went up by 5 percent and sales increased by 7 percent. These training courses will comply with training requirements, but employers are still authorized to provide their own compliant training courses. In the US Financial Diaries, a research study tracking the incomes and expenses of hundreds of low- and moderate-income US households over the course of a year, researchers Jonathan Morduch at New York University and Rachel Schneider found that on average, households were making at least 25 percent above or below average monthly income for five months out of the year. Under the revised law, employers are not prohibited from asking an applicant about his or her salary expectation for the position being applied for. Susan Lambert, a researcher at the University of Chicago who has long studied scheduling practices and management decisions, said that a big hurdle is that managers have to learn what the new law entails and how to follow it, and this can take time. Jul 24, 2019. Over the past three years, Oregon and a wave of cities including Seattle, San Francisco, Philadelphia, Chicago, and New York City have passed “fair workweek” legislation that aims to make schedules more predictable (or compensate workers when they are unpredictable). Exhibitors are responsible for obtaining entry form(s) & rules from fair, and submit the form(s) and any CMS approves a waiver under section 1135 that allows enrollees to have more than 90 days, up to an additional 120 days for an eligibility or fee for service appeal to request a fair hearing. In theory, including such correspondence as "privileged communications" limits or eliminates a former employer's liability for slander or libel in connection with such statements. “I’m going to keep organizing,” he said. In these cases, you may need to pay the employee for on-cal… As of July 1, 2015, the California Fair Employment and Housing Council (FEHC) has amended several sections of Title 2 of the California Code of Regulations. Meanwhile, advocates have argued that the costs to companies of giving more advance notice on schedules are minimal, and that following the new laws may actually improve profitability. Rather, a plaintiff need only prove that a reasonable person subjected to the discriminatory conduct would find, as the plaintiff did, that the harassment so altered working conditions as to make it more difficult to do the job. Date Published: 10/11/2019 09:00 PM Bill Start. The California Legislature expressly rejected the "stray remarks doctrine" under which a discriminatory remark outside of the context of an adverse employment decision did not create a triable issue of fact that could defeat summary judgment, reaffirming California Supreme Court precedent. 7/21/2021 – 8/1/2021 Paso Robles, CA Chowchilla-Madera County Fair. Laurie Schalow, Chipotle’s chief reputation officer, commented by email: “With respect to the Fair Workweek Law, Chipotle has been working cooperatively with the city to ensure we have systems and processes in place to comply with the law, so we believe the filing of charges was unnecessary. SB 1300 marks a drastic change in the legal landscape in which FEHA harassment claims are litigated by making it easier to bring FEHA harassment claims and, at the same time, significantly more difficult to obtain summary judgment on such claims. This provision appears to operate as a method to protect accusers from libel or slander lawsuits brought as a method of "silencing" allegations. California's Secretary of State will publish a report on its website, no later than July 1, 2019, which documents the number of domestic and foreign corporations whose principle executive offices, per the corporation's SEC Form 10-K, are located in California and who have at least one female director. SB 826 adds California Corporations Code section 301.3. b. Alicia Fleming had worked as a server at restaurants in Massachusetts for a decade and a half. Read More NEWS. Harassment or discrimination based on sex, or an act of retaliation against a person for reporting harassment based on sex, by the owner of a housing accommodation. (After nearly a year of searching, she managed to find a job with regular hours in office administration, and now works as an organizer for Massachusetts Jobs with Justice, a non-profit that advocates for worker rights. 1. For the last several decades, many companies have shifted to “just-in-time” scheduling, in which managers schedule shifts with little advance notice. The bill authorizes, but does not require, an employer to provide bystander intervention training "that includes information and practical guidance on how to enable bystanders to recognize potentially problematic behaviors and to motivate bystanders to take action when they observe problematic behaviors.". Working Families Tax Relief Act of 2019 – The Tax Cuts and Jobs Act (TCJA) signed into law on December 22, 2017, made changes to the Internal Revenue Code (IRC). Unless otherwise noted, each of the laws listed below is effective on Jan. 1, 2019. Creates a “right to rest” and allows employees to decline to work scheduled hours that begin less than 10 hours after their last shift ended; 4. Trump wins, for now. But government enforcement agencies often rely on workers at companies to file complaints about violations, they said, putting a big burden on workers who are often already in precarious situations. By the close of the 2021 calendar year, such corporations must have: 1. at least three female directors if the corporation has six or more directors, 2. at least two female directors if the corporation has five directors, 3. at least one female director if the corporation has four or fewer directors. You may, but are not required to, file a claim with the DFEH if you are only … California on … The laws apply to Formula Retail Establishments with at least 40 stores worldwide and 20 or more employees in San Francisco, as well as their janitorial and security contractors. AB 2770's expansion of "privileged communications" now protects and permits the former employer to inform a prospective employer whether the decision not to rehire the applicant "is based on the employer's determination that the former employee engaged in sexual harassment." There are no predictive scheduling requirements in California. Finally, some specify that workers be allowed to swap shifts with one another to increase flexibility, or to give input into their shift times, and require a minimum rest break between shifts to prevent employers from requiring workers to do “clopenings.”. These prohibitions do not apply to a "negotiated" agreement to settle an underlying FEHA claim that has been filed by an employee in court, before an administrative agency, alternative dispute resolution forum or through an employer's internal complaint process. The California Legislature's attempts to emulate San Francisco’s scheduling law have repeatedly fallen short, with broad business opposition trumping labor’s support for the policy. Fair workweek laws aim to make work more predictable for workers. Assembly Bill No. The hallmark of Holland & Knight's success has always been and continues to be legal work of the highest quality, performed by well prepared lawyers who revere their profession and are devoted to their clients. 1. The bill defines "reasonable request" as "a request made after an applicant has completed an initial interview with the employer.". Requires employers to give advance notice of work schedules; 2. 3. newsletter. Chipotle workers at over a dozen restaurants also lodged complaints with the city, which filed a lawsuit against the company in September. Employers are prohibited from requiring an employee, as a condition of employment or continued employment, or in exchange for a raise of bonus, to: a. sign a release of a claim or right under the FEHA. The bill defines "applicant" or "applicant for employment" as "an individual who is seeking employment with the employer and is not currently employed with that employer in any capacity or position." However, an employer may rely on salary history information as a factor in determining whether to offer employment or what salary to offer if the applicant voluntarily discloses their salary history information. Fleming’s experience of an erratic work schedule is common, especially in sectors like restaurants and retail, where workers are often scheduled to work with only a few days or less of notice, are asked to stay late, or are sent home early from a shift. For settlement agreements not involving a government agency or public official as a party, the agreement can include a provision which shields the identity of the claimant and all facts that could lead to the discovery of his or her identity, if requested by the claimant. California Revenue and Taxation Code (R&TC) does not conform to all of the changes. The Fair Labor Standards Act (FLSA or Act) generally requires that covered, nonexempt employees receive overtime pay of at least one and one-half times their regular rate of pay for time worked in excess of 40 hours per workweek. By requiring advance notice (and compensation for last-minute changes), fair workweek scheduling can significantly raise quality of life for millions of people. Workers at covered companies reported that their schedules improved — with a 35 percent reduction in instability (such as cancelled shifts or changed hours) — as did their sleep quality and levels of stress, compared to no change for workers in the uncovered companies. The former employer may communicate such in response to a reference check if it does so without malice. Attorney Advertising. Current law also generally forbids an employer from seeking salary history information from an applicant for employment. The administrative fee is capped at $75 for loans having a principal balance of more than $2,500 (the cap fo… Apr 9, 2019. Her income fluctuated from week to week, and even though she was still employed at the restaurant, she was struggling to make ends meet. More specifically, the bill requires that by Jan. 1, 2020, employers with five or more employees must provide at least two hours of sexual harassment prevention training to supervisory employees, and at least one hour of sexual harassment prevention training to nonsupervisory employees in California within six months of their assumption of a supervisory position. (a) Base minimum wage for newly hired employees who are less than 20 years old.—Section 6(g)(1) of the Fair Labor Standards Act of 1938 (29 U.S.C. Do not send any privileged or confidential information to the firm through this website. But the case is very likely to be back again soon. But there are big problems with this model, Lambert said, not just for workers but also for companies themselves. The City collects public facilities fees under authority granted by the Mitigation Fee Act (the Act), contained in California Government Code Sections 66000 et seq. At the federal level, the Schedules that Work Act, first introduced in 2015, has similar rules, including a requirement to give schedules two weeks in advance for employees of retail, cleaning, and food service companies (with compensation if shifts are changed last minute). Regardless, we will continue to cooperate with the city and we are addressing any prior noncompliance concerns.”, As more and more cities adopt these laws, the prospects for workers certainly seem to be improving. One of the big questions is how well companies will comply with the new laws. 2. The laws most often apply to retail and restaurant employers with at least several hundred employees — though Chicago was the first city to also include health care workers. Saturday Night Live has elected its new Joe Biden. SB 224 also makes it an unlawful practice for a person to deny or to aid, incite or conspire in the denial of rights created by section 51.9. Unpredictable and unstable schedules also contribute to income volatility. April 1, 2020, is when the Philadelphia Fair Workweek law goes into effect. 2/12/2021 – 2/15/2021 Cloverdale, CA Colorado River Fair. But another issue, she told me, is the incentives that many companies now have in place for managers: companies give frontline managers budgets for labor hours, along with projected sales numbers — and the way that managers often try to ensure that they are meeting these metrics is by last-minute adjustments to employees’ schedules. Copyright © 1996–2020 Holland & Knight LLP. Text for S.387 - 116th Congress (2019-2020): Fair Chance to Compete for Jobs Act of 2019 SB 820 does not prohibit provisions which protect against disclosure of the settlement sum paid under the agreement. Facing a new coronavirus strain, the UK imposes a strict lockdown. The California Mid-State Fair has announced the headliners for six of its 2019 concerts. Policymakers are starting to pay attention to this problem. In some cases, employers must compensate non-exempt employees for on-call time. After a subpar run as the president-elect, Jim Carrey has left office. A single incident of harassing conduct is sufficient to create a triable issue regarding the existence of a hostile work environment if the harassing conduct has unreasonably interfered with the plaintiff's work performance or created an intimidating, hostile or offensive working environment. (Similar studies in Seattle and New York City are underway, though results are not yet publicly available.). The bill specifies that an employer can be held liable to employees, applicants, unpaid interns or volunteers, or persons providing services pursuant to a contract in the workplace for any type of harassment – not just sexual harassment – prohibited under the FEHA and committed by a nonemployee. The 'Fair Pay to Play Act' explained. Other states, including Washington, Connecticut, and Massachusetts, are considering statewide legislation. Before the law went into effect in 2017, they told me, managers often gave little notice. California requested flexibility to temporarily delay scheduling of Medicaid fair hearings and issuing fair hearings decisions during the emergency period. When she wasn’t able to do so on short notice, she’d have to miss a shift. Twice a week, you’ll get a roundup of ideas and solutions for tackling our biggest challenges: improving public health, decreasing human and animal suffering, easing catastrophic risks, and — to put it simply — getting better at doing good. AB 1976 expands the lactation accommodation requirement. But as Espinal notes, the fight isn’t over. Mar 11, 2019. Jul 24, 2019. In May 2019, with the support of a local union 32BJ SEIU (which also supported workers in pushing for the $15 per hour minimum wage and the fair workweek law itself), Espinal led a group of 20 of his coworkers to sign a petition which they delivered to a manager at their store. 3. Beginning Jan. 1, 2019, for employers with 26 employees or more, the minimum wage will increase from $11 per hour to $12 per hour, and the exempt annual salary threshold will increase from $45,760 to $49,920. Now the city is seeking $1 million in restitution to workers at five Chipotle locations, plus fines (and another 11 Chipotle branches in NYC are still under investigation). New California Family Rights Act Regulations Effective July 1, 2015. Current law requires an employer to make reasonable efforts to provide an employee with use of a room or other location, other than a toilet stall, in close proximity to the employee's work area for the employee to express milk in private. Effective Jan. 1, 2019: a. Some employers require employees to be on-call. (In this context, "release of a claim or right" includes "requiring an individual to execute a statement that he or she does not possess any claim or injury against the employer or other covered entity, and includes the release of a right to file and pursue a civil action or complaint with, or otherwise notify, a state agency, other public prosecutor, law enforcement agency, or any court or other governmental entity."). Apr 9, 2019. Workers often talk about the strain that involuntary unpredictable scheduling puts on their lives. SB 1252 amends California Labor Code section 226 to specify that an employee not only has the right to "inspect" their itemized wage statements, but also to "receive" a copy of their itemized wage statements. For employers with 25 employees or less, the minimum wage will increase from $10.50 per hour to $11 per hour, and the exempt annual salary threshold will increase from $43,680 to $45,760. Thus, such conduct rises to the level of harassment creating a hostile, offensive, oppressive or intimidating work environment. Civil Rights, Discrimination and Retaliation, The California Legislature passed numerous labor and employment bills that become effective on Jan. 1, 2019, California's minimum wages and exempt salary thresholds increase on Jan. 1, 2019, These laws were among the last acts signed by Gov. Employers must now make reasonable efforts to provide an employee with use of a room or other location, other than a bathroom. This legislative statement may allow for retroactive application of the law to conduct occurring within the applicable statute of limitations period. It also provided premium pay for schedule changes. . “One [reason] is that with any new law, there is a gradual adjustment of employment practices,” she said. These amendments are meant to clarify the CFRA. c. A plaintiff need not prove that his or her tangible productivity has declined as a result of the harassment. Please note that email communications to the firm through this website do not create an attorney-client relationship between you and the firm. Under this framework, a discriminatory remark, even if made outside of the context of an employment decision or uttered by a nondecision-maker, may be relevant circumstantial evidence of discrimination. “The restaurant is looking at their bottom dollar,” Fleming said, “and won’t schedule you unless they absolutely need you. When an employer assigns shifts only a day or two ahead of time, or cancels them at the last minute, or when the hours an employee is scheduled to work fluctuate wildly from week to week, working people struggle to maintain stable child care, pursue education to advance their careers, get needed medical care — or simply get enough hours at their jobs to get by. Until companies treat their workers with respect, and follow the law, he said, “It’s a fight that has to be fought.”. With LeBron James and Ed O’Bannon seated alongside, California Governor Gavin Newsom has officially signed the Fair Pay to Play Act into law. Advocacy groups in the state including Working Washington are now pushing for statewide legislation, and earlier this year Erin testified in the Washington State Legislature about the importance of the legislation. To cheers and bows, City Council unanimously OKs predictable scheduling ordinance. Apr 9, 2019. b. sign a non-disparagement agreement or other document that purports to deny the employee the right to disclose information about unlawful acts in the workplace, including, but not limited to, sexual harassment. Year by ensuring compliance with these three California predictive scheduling laws: 1 side by side about... In case their employer needs them to work their lives to adopt a Fair workweek laws, which to... 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