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Inside the Capitol features hot legislative issues for the week along with CalChamber call to action requests on business legislation. To receive Inside the Capitol, sign up here.
Signature and Veto Requests
The CalChamber is urging members to contact the Governor and ask him to sign or veto the following bills. Sample request letters are available at www.calchamber.com/insidethecapitol/.
Labor and Employment
OPPOSE AB 1870 (Reyes; D-Grand Terrace) Extension of Statute of Limitations — Unnecessarily extends the statute of limitations from one year to three years for all discrimination, harassment and retaliation claims filed with the Department of Fair Employment and Housing. To Governor.
Immigration
OPPOSE AB 2732 (Gonzalez Fletcher; D-San Diego) New Labor Code Penalties — Creates new onerous requirements for employers to provide a worker bill of rights document to all employees, have them sign it, give them a copy of the signed document, and keep the original for three years. To Governor.
Industrial Safety and Health
OPPOSE AB 2963 (Kalra; D-San Jose) Usurps Cal/OSHA Priorities — Requires Cal/OSHA to treat as a serious violation a rule that does not constitute any violation of Cal/OSHA rules, and redirects Cal/OSHA resources, which will undermine existing Cal/OSHA priorities. As a result of a blood lead level of employees reported to the Department of Public Health, the bill requires a workplace inspection by Cal/OSHA within three days, as if a serious violation has been reported where none exists. To Governor.
Labor and Employment
OPPOSE AB 3080 (Gonzalez Fletcher; D-San Diego) JOB KILLER: Ban on Settlement Agreements and Arbitration Agreements — Significantly expands employment litigation and increases costs for employers and employees by banning settlement agreements for labor and employment claims as well as arbitration agreements made as a condition of employment, which is likely preempted under the Federal Arbitration Act and will only delay the resolution of claims. Banning such agreements benefits the trial attorneys, not the employer or employee. To Governor.
OPPOSE AB 3081 (Gonzalez Fletcher; D-San Diego) Labor Contractor Joint Liability — Placed in the Labor Code additional, often duplicative, sexual harassment protections and training requirements, which are already protected under the Fair Employment and Housing Act (FEHA) and created burdensome leave of absence requirements for employers. As amended, the bill expands joint liability for labor contractors to all employment-related harassment claims, not just sexual harassment complaints as limited in the bill’s prior version. There is no basis for a business that contracts for services being deemed statutorily liable for harassment of another’s employees when there is absolutely no way in which that contractor can engage or force the labor contract company to comply with provisions of the FEHA or the Labor Code. To Governor.
Corporate Governance
OPPOSE SB 826 (Jackson; D-Santa Barbara) Unconstitutional Board Mandate for Publicly Traded Corporations — Requires a publicly traded corporation to satisfy quotas regarding the number of women on its board or face significant penalties, which is likely unconstitutional, a violation of California’s Civil Rights statute, and a violation of the internal affairs doctrine for publicly held corporations. To Governor.
Labor and Employment
OPPOSE SB 937 (Wiener; D-San Francisco) Lactation Accommodation — Significantly amends current law regarding lactation accommodations by implementing new location standards, employer policy requirements, document retention, and supplementary Labor Code penalties. To Governor.
Privacy and Technology
SUPPORT SB 1121 (Dodd; D-Napa) AB 375 Technical Clean-Up Vehicle — Originally removed the requirement of economic injury for standing to bring a claim in California against a company for a data breach, undermining the intent of voters, and drastically increasing liability for companies without providing any corresponding benefit to California consumers. Following enactment of AB 375 consumer privacy law in June, developed as an AB 375 technical clean-up vehicle. CalChamber worked with members and other affected parties to create a list of technical fixes. Job killer status removed due to August 27, 2018 amendments containing negotiated clean-up language to AB 375, including delayed enforcement of AB 375 and provisions clarifying that AB 375 private right of action applies only to additional liability for businesses after a data breach. As a result, CalChamber supports SB 1121. To Governor.
Labor and Employment
OPPOSE SB 1300 (Jackson; D-Santa Barbara) Significant Expansion of Harassment Discrimination and Retaliation Liability — Limits the use of nondisparagement agreements and general releases, restricts the ability to summarily adjudicate harassment claims and lowers the legal standard for actionable harassment claims. These provisions will significantly increase litigation against California employers and limit their ability to invest in their workforce. Job killer status removed due to August 20, 2018 amendments, but CalChamber remains opposed. To Governor.