2018 CBIA Human Resources Conference State Legislative Update

Transcription

1 2018 CBIA Human Resources Conference State Legislative Update Eric Gjede Counsel, CBIA March 29, SESSION TIMELINE Session Begins Feb 7th Labor Public Hearing #1 March 8th Labor JF Deadline March 22nd Sine Die May 9th Last Day for New Labor Bills Feb 22nd Labor Public Hearing #2 March 13th Last Committ ee JF Deadline Apr 6th 1

2 THE 2018 SESSION Only 13 bills raised in Labor Committee (usually around 50 to 70) 20 bills die on never-adopted agenda 4 bills raised in other committees 2018 ENVIRONMENTAL FACTORS 2

3 2018 ENVIRONMENTAL FACTORS 2018 ENVIRONMENTAL FACTORS Lots of legislator retirements Lots of vacant higher offices Washington and Hollywood 3

4 SB 1 & HB 5387: PAID FAMILY AND MEDICAL LEAVE Creates an unsustainable new mandate that will apply to businesses with two or more employees Provides up to 100% of pay, capped at $1,000 weekly, for up to 12 weeks annually Leave is paid for by deducting employee wages Amends law to allow for leave for grandchildren, grandparents, siblings, any blood relative, and anyone equivalent to that of a family member State and municipalities exempt SB 1 & HB 5387: PAID FAMILY AND MEDICAL LEAVE 4

5 HB 5043: SEXUAL HARASSMENT PREVENTION Requires businesses with 15-plus employees provide all employees with sexual harassment training every five years Smaller businesses must harassment law notices annually to employees SB 132: SEXUAL HARASSMENT, ASSAULT Makes a variety of changes to sexual harassment laws and employer defenses to such actions Creates strict liability for employers for claims, meaning even businesses that provided training, addressed complaints, and prevented retaliation would still be liable for harassment. Requires employers with three or more employees provide sexual harassment training to all employees Allows businesses to suspend without pay salaried employees that violate a workplace violence or harassment policy 5

6 HB 5044: PAID SICK LEAVE EXPANSION Expands state paid sick leave mandate to businesses with 20 or more employees Businesses with less than 20 employees will have to provide up to five days of unpaid sick leave each year Eliminates exemption for manufacturers Expands mandate beyond service workers HB 5473: CAPTIVE AUDIENCE MEETINGS Prohibits an employer from requiring employees attend or participate in meetings sponsored by the employer concerning the employer s view on religious or political matters Includes meetings addressing legislation or regulations that impact the business 6

7 SB 6: BUDGET REVISIONS Creates a new unemployment tax surcharge of.05% on all taxable wages to fund state Department of Labor staff HB 5388: MINIMUM WAGE Increases the minimum wage to $15 hourly by 2021 Automatic increases indexed to inflation beginning January 1,

8 HB 6208: MINIMUM WAGE SB 472: CREDIT REPORT SCREENING Section 3 prohibits nonfinancial businesses from using credit reports to screen prospective employees unless the employee had access to library or museum collections or prescription drugs. 8

9 SB 15: PAY EQUITY Prohibits inquiries about a prospective employee s wage history HB 5386: PAY EQUITY Prohibits inquiries about a prospective employee s wage history Applies to third parties, like headhunters Provides for a legally complicated affirmative defense Requires that time spent on medical leave does not count against an employee for purposes of seniority 9

10 HB 5480: UNEMPLOYMENT COMPENSATION REFORM Increases the earnings threshold needed to qualify for unemployment benefits from $600 to $2,000 annually Freezes the maximum benefit rate until the fund is 70% solvent Requires ALL people to exhaust severance before collecting benefits Redefines one instance of no call to no show to mean one day, not one day, or two consecutive days as current law requires OTHER LABOR BILLS HB 5478: An Act Concerning Technical and Minor Changes to the Labor Department Statutes HB 5481: An Act Concerning Changes to The State Personnel Act 10

11 SB 321: SHIFT SCHEDULING RESTRICTIONS Requires employers to provide employees with notice of any shift at least 24 hours in advance Allows DOL to create regulations to ensure enforcement CONTACT ME! 11