New laws in California 2022
“The pandemic raised awareness that many men and women go to work every day and are at great risk,” said state Sen. Maria Elena Durazo (D-Los Angeles). “Not just first responders in medical situations, but supermarket workers, farm labor, truck drivers and those who make protective masks.”
Only two of the 25 measures the chamber called “job killers” made it to Gov. Gavin Newsom’s desk: the garment workers provision, which he signed, and a bill allowing agricultural employees to vote by mail in a union election, which he vetoed.
Under another California Division of Occupational Safety and Health emergency rule, renewed Dec. 16, some workers can collect 10 days if they become ill or are exposed to the virus and therefore must be excluded from the workplace. However, leave to care for sick family members or out-of-school children is not covered, and they are not paid if the employer can prove they were infected outside of work.
Worker Pay Laws
– Anyone protesting at an immunization clinic must keep their distance from any patient within 100 feet of their entrance. Failure to do so could result in a $1,000 fine and up to six months in jail.
– Up to four dwelling units can be built on single-family lots in some California communities under a hotly debated new law that limits opposition from local officials.Advertisement
– Judges can order probation in lieu of time behind bars for more possession-related offenses involving drugs such as heroin, cocaine and methamphetamine. They also have new discretion to reduce prison time for gang-related offenses.
– Police officers must receive new training on the use of rubber bullets and tear gas, and are prohibited from firing them “indiscriminately into a crowd or group of people.”
– An existing fee imposed on lead-acid battery manufacturers, first enacted in 2016, will increase in April, from $1 per battery to $2 per battery, for cleanup of contaminated sites.
Let’s get into the context of these facts: under current law if an employer improperly and intentionally withholds wages from their employees, they can face a misdemeanor conviction. But what Bill 1003 stipulates is a potential increase of this contravention to a felony. That is, if the employer knowingly fails to pay wages in excess of $950 to one worker, or $2,350 in total to two or more employees in a 12-month period, it would be a felony.
In this vein, under AB 1003, independent contractors are considered employees and those who hire them are considered employers. This clarification is made in order to homologate employer status to “managers, supervisors, officers, and owners of a business who participate in the implementation of wage and hour policies and practices.”
Let’s start by expanding on what has to do with confidentiality provisions in labor laws. To begin with, the current text of California law prohibits within a settlement agreement the disclosure of actual information related to an administrative or civil claim by:
Laws that protect workers
Imelda Arroyo is a McDonald’s worker in Oakland and lives on $15.50 per hour. Arroyo is also an only parent to her 7-year-old daughter and is a member of Fight for $15, an organization for low-wage workers. Sept. 30, 2021. Ray Chavez/Bay Area News Group
Amid growing awareness of inequality and jobs that don’t pay enough to cover child care and housing, California is considering a radical proposal: Allowing the state to negotiate wages, hours and working conditions for an entire industry.
Advocates in the state Legislature say one solution to inequality is to empower workers to bargain through unions, but that’s not happening in the fast-food industry, where frequent turnover, inexperience and intimidation make it difficult for workers to organize. Only 3% of fast food workers belong to unions nationally.
“California has an opportunity to really pave the way forward in a way that can work for both workers and employers,” said David Madland, senior adviser to the American Workers Project at the Center for American Progress, a liberal think tank in Washington, DC.