Key California Employment Bills Awaiting Governor s Approval or Veto by October 15th

Transcription

1 1 Labor and Employment 360: Inside Look at How the Latest California and Federal HR Laws, Court Rulings and Policy Updates Will Impact Your Workplace Cathleen S. Yonahara, Esq. Partner Freeland Cooper & Foreman, LLC 150 Spear Street, Suite 1800 San Francisco, California (415) Impact of Presidential Executive Orders and Decisions Travel Ban/ Executive Order Trump Administration Announcement to End Deferred Action for Childhood Arrivals (DACA) Program 2 Key California Employment Bills Awaiting Governor s Approval or Veto by October 15th 3

2 4 Ban the Box (AB 1008) Covered employers: Employers with 5 or more employees Prohibited Actions: Before the employer makes a conditional offer of employment, the employer may not: (1) include any questions about an applicant s criminal history on any employment application (2) inquire into or consider the conviction history of the applicant Employer may not at anytime consider information about any of the following while conducting a conviction history background check of the applicant: (1) Arrest not followed by conviction (2) Referral to or participation in a pretrial or post-trial diversion program. (3) Convictions that have been sealed, dismissed, expunged, or statutorily eradicated pursuant to law. Ban the Box (AB 1008) Individualized Assessment Required: An employer that intends to deny an applicant a position of employment solely or in part because of the applicant s conviction history shall make an individualized assessment of whether the applicant s conviction history has a direct and adverse relationship with the specific duties of the job that justify denying the applicant the position. The employer shall consider all of the following: (1) The nature and gravity of the offense or conduct. (2) The time that has passed since the offense or conduct and completion of the sentence. (3) The nature of the job held or sought. 5 Ban the Box (AB 1008) Notification to Applicant: If the employer makes a preliminary decision that the applicant s conviction history disqualifies the applicant, the employer must notify the applicant in writing of the following: (1) The disqualifying conviction(s) that are the basis for the preliminary decision to rescind the offer. (2) A copy of any conviction history report. (3) An explanation of the applicant s right to respond before the employer s decision becomes final, the deadline by which to respond, and that the applicant s response may include submission of evidence challenging the accuracy of the conviction history report, evidence of rehabilitation or mitigating circumstances. 6

3 7 Ban the Box (AB 1008) Applicant s Response: Applicant shall have at least 5 business days to respond to the notice before the employer may make a final decision. If, within 5 business days, the applicant notifies the employer in writing that the applicant disputes the accuracy of the conviction history report, then the applicant shall have 5 additional business days to respond. Final Decision: The employer shall consider information submitted by the applicant before making a final decision. If an employer makes a final decision to deny an application solely or in part because of the applicant s conviction history, the employer shall notify the applicant in writing of the following: (1) The final denial or disqualification. (2) Any existing procedure the employer has for the applicant to challenge the decision or request reconsideration. (3) The right to file a complaint with the department. Ban the Box (AB 1008) Exceptions: This law does not apply in any of the following circumstances: (1) To a position for which a state or local agency is otherwise required by law to conduct a conviction history background check. (2) To a position with a criminal justice agency. (3) To a position as a farm labor contractor. (4) To a position where an employer or agent is required by any state, federal, or local law to conduct criminal background checks for employment purposes or to restrict employment based on criminal history. 8 Ban the Box (AB 1008) Repeals Labor Code 432.9, which currently prohibits a state or local agency may not ask an applicant for employment to disclose information concerning the conviction history until the agency has determined the applicant meets the minimum employment qualifications, as stated in any notice issued for the position. 9

4 10 Family Leave Bill for Small California Employers (SB 63) Leave Offered: 12 weeks of parental leave to bond with a new child within one year of the child s birth, adoption, or foster care placement. Unpaid, but employee may utilize accrued vacation, sick time, other accrued PTO. Eligible Employees: (1) Have more than 12 months of service with the employer; (2) Worked at least 1,250 hours of service with the employer during the previous 12-month period; and (3) Work at a worksite in which the employer employs at least 20 employees within 75 miles. Family Leave Bill for Small California Employers (SB 63) Group Health Plan Coverage Employer must maintain and pay for the employee s coverage under a group health plan at the level and under the conditions that coverage would have been provided if the employee had not taken leave. Employer may recover the group health insurance premiums paid by the employer if the employee fails to return from leave for a reason other than the continuation, recurrence, or onset of a serious health condition or other circumstances beyond the control of the employee. 11 California Equal Pay Act Extended to Public Employers (AB 46) California Equal Pay Act prohibits an employer from paying any of its employees at wage rates less than the rates paid to employees of the opposite sex, or another race or ethnicity, for substantially similar work, when viewed as a composite of skill, effort, and responsibility, and performed under similar working conditions, unless the employer demonstrates that one or more specific factors, reasonably applied, account for the entire wage differential. AB 46 would define employer for those purposes to include public and private employers. The bill would specify that a public employer is not subject to the misdemeanor provision. 12

5 13 Gender Wage Differentials Published (AB 1209) On and after July 1, 2019, and biennially thereafter, an employer with 500 or more employees in California must collect specified information on gender wage differentials. (1) The difference between the mean wages of male exempt employees and female exempt employees located in California, by each job classification or title. (2) The difference between the median wages of male exempt employees and female exempt employees located in California, by each job classification or title. (3) The difference between the mean wages of male board members and female board members located in California. (4) The difference between the median wages of male board members and female board members located in California. (5) The number of employees used for the determination of (1) and (2). Gender Wage Differentials (AB 1209) The employer must submit the information to the Secretary of State by July 1, 2020, and biennially thereafter. The Secretary of State must publish the information described above on an Internet Web site available to the public upon receiving necessary funding. A gender wage differential in the information provided is not, in itself, a violation of the California Equal Pay Act. 14 Prior Salary History (AB 168) This bill would prohibit an employer from seeking or relying on the salary history information of an applicant as a factor in determining whether to extend an offer to an applicant or what salary to offer an applicant. The bill would require an employer, upon reasonable request, to provide the pay scale for a position to an applicant. The bill would not prohibit an applicant from voluntarily and without prompting disclosing salary history information and would not prohibit an employer from considering or relying on that voluntarily disclosed salary history information in determining salary. The bill would apply to all employers, including state and local government employers and the Legislature and would not apply to salary history information disclosable to the public pursuant to federal or state law. 15

6 16 San Francisco Parity in Pay Ordinance (effective 7/1/18) An employer shall not consider or rely on an applicant s salary history as a factor in determining whether to offer employment or what salary to offer An employer shall not inquire about an applicant s salary history Employer may, without inquiring about salary history, engage in discussion with applicant about applicant s expectations with respect to salary An employer shall not release salary history of any current or former employee without authorization San Francisco Parity in Pay Ordinance If an applicant voluntarily, and without prompting, discloses salary history, an employer may consider that in determining applicant s salary. However, salary history itself can t be used to justify paying employee of a different sex, race or ethnicity less that applicant for doing substantially similar work. 17 Gender Identity, Gender Expression and Sexual Orientation Harassment Prevention Training (SB 396) FEHA currently requires employers with 50 or more employees to provide at least 2 hours of prescribed training and education regarding sexual harassment to all supervisory employees within 6 months of their assumption of a supervisory position and once every 2 years, as specified. SB 396 would additionally require employers with 50 or more employees to include, as a component of the prescribed training and education for supervisors, training inclusive of harassment based on gender identity, gender expression, and sexual orientation. SB 396 would also require each employer to post a poster developed by the Department of Fair Employment and Housing regarding transgender rights in a prominent and accessible location in the workplace. 18

7 19 Discrimination Based on Reproductive Health Decisions (AB 569) Confirms that the California constitutional right to privacy includes freedom to make reproductive health decisions free of employer interference. Prohibits employers from taking any adverse action against an employee or their dependent or family member for their reproductive health decisions, including, but not limited to, the timing thereof, or the use of any drug, device, or medical service. Any contract or agreement, express or implied, made by an employee to waive this benefit is null and void. Must include in the handbook notice of the employee rights and remedies under AB 569. Joint Employer Liability (AB 1701) For certain contracts entered into on or after January 1, 2018, direct contractors assume and are liable for unpaid wages, benefits or contributions a subcontractor owes for labor connected to the contract. Subcontractors are required to provide payroll records upon a direct contractor s request. The bill would authorize the Labor Commissioner to bring an action under specified statutes or in a civil action to enforce this liability. The bill would also authorize a third party owed fringe or other benefits or a joint labor-management cooperation committee to bring a civil action to enforce the liability against a direct contractor under these provisions. The bill does not apply to any work being done by an employee of the state or any political subdivision of the state. 20 Selected California Employment Laws Effective January 1,

8 22 Immigrant Worker Protection Act AB 450 (10/5/17) protects workers from immigration enforcement while on the job. Prohibits employers from: providing any federal immigration enforcement agent access to a business without a properly executed warrant providing the agent voluntary access to the employee s records without a subpoena. Requires employers to notify all current employees of a Form I-9, Employment Eligibility Verification inspection performed by federal immigration enforcement officials, and provide notice of the results of the inspection to each affected employee and authorized representative. Violation of the provisions of the bill carries fines from $2,000- $5,000 for a first violation and $5,000- $10,000 for each subsequent violation. Public Schools to Protect Students Immigration Status AB 699 (10/5/17) provides that it is the policy of the State of California to afford all persons in public schools equal rights and opportunities in the educational institutions of the state, regardless of immigration status. The governing board must provide information to parents and guardians regarding their children s right to a free public education, regardless of immigration status or religious beliefs. The bill prohibits school officials and employees of a school district, county office of education, or charter school from collecting information/documents regarding citizenship or immigration status of pupils or their family members. The superintendent must report to governing board in a timely manner any requests for information or access to a school site by an officer/employee of a law enforcement agency. The bill requires the Attorney General, by April 1, 2018, to publish model policies limiting assistance with immigration enforcement at public schools, to the fullest extent possible consistent with federal and state law, and ensuring that public schools remain safe and accessible to all California residents, regardless of immigration status. 23 Immigration Status Irrelevant AB 1690 (7/31/17) provides that for the purposes of enforcing state labor, employment, civil rights, consumer protection, and housing laws, a person s immigration status is irrelevant to the issue of liability, and that no inquiry shall be permitted into a person s immigration status, unless it is necessary in order to comply with federal immigration law. 24

9 25 DLSE Enforcement of Retaliation/Discrimination Actions SB 306 (10/3/17) authorizes the DLSE to commence investigating an employer that it suspects to have discharged or otherwise discriminated against an individual in violation of any law under the jurisdiction of the Labor Commissioner. The DLSE may proceed without a complaint in those instances where suspected retaliation has occurred during the course of adjudicating a wage claim, during a field inspection, or in instances of suspected immigrationrelated threats. Upon finding reasonable cause to believe that any person has engaged in a violation, the commissioner is authorized to petition a superior court for injunctive relief. If an employee has been discharged or faced adverse action for raising a claim of retaliation for asserting rights under any law under the jurisdiction of the commissioner, the court must order appropriate injunctive relief on a showing that reasonable cause exists to believe a violation has occurred. The bill subjects an employer who willfully refuses to comply with a final order to prescribed civil penalties payable to the affected employee. Whistleblower Protections for Healthcare Workers AB 1102 (9/25/17) Existing law prohibits a health facility from discriminating or retaliating against a patient, employee, member of the medical staff, or any other health care worker of the health facility because that person has presented a grievance, complaint, or report to the facility, as specified, or has initiated, participated, or cooperated in an investigation or administrative proceeding related to the quality of care, services, or conditions at the facility, as specified. Existing law makes a person who willfully violates those provisions guilty of a misdemeanor punishable by a fine of not more than $20,000. This bill would increase the maximum fine for a misdemeanor violation of these provisions to $75, Sexual Harassment Prevention Training for Farmworkers SB 295 (10/2/17) Requires farm labor contractors to provide mandatory sexual harassment training to agricultural employees in the language the employees understand. Imposes liability on farm labor contractors who Fail to train agricultural employees Fail to provide training in a language understood by the agricultural employee Fail to provide the agricultural employee with a record of the training or a copy of the state s sexual harassment pamphlet Provide agricultural employee with false record of completion of training or Fail to keep training records 27

10 28 New DFEH Criminal History Regulations California Criminal History Inquiries California law prohibits employers from seeking or considering the following types of criminal history: (1) An arrest or detention that did not result in conviction; (2) Referral to or participation in a pre-trial or post-trial diversion program; (3) A conviction that has been judicially dismissed or ordered sealed, expunged or statutorily eradicated pursuant to law; (4) An arrest, detention, processing, diversion, supervision, adjudication, or court disposition that occurred while a person was subject to the process and jurisdiction of juvenile court law; and (5) A non-felony conviction for possession of marijuana that is two or more years old. 29 California FEHA Regulations Effective July 1, 2017, new FEHA regulations Consideration of criminal history in employment decisions may constitute a FEHA violation if it adversely impacts persons based on the protected classes, unless the employer can demonstrate that its policy or practice is job-related and consistent with business necessity. 30

11 31 California FEHA Regulations In order to show job related and consistent with business necessity, employer must demonstrate that the policy or practice is appropriately tailored, taking into consideration: (1) the nature and gravity of the offense; (2) the time that has passed since the offense or completion of the sentence; and (3) the nature of the job held or sought. Ban the Box Laws Several California cities and counties have local Ban the Box ordinances that apply to public employers, e.g., Alameda County, Berkeley, Carson, Compton, East Palo Alto, Los Angeles, Oakland, Pasadena, Richmond, Sacramento, San Francisco, Santa Clara County Los Angeles and San Francisco also have Ban the Box laws that apply to private employers 32 Ban the Box Laws San Francisco Fair Chance Ordinance covers employers with 20+ employees Certain matters are off limits. Only after a live interview has been conducted or a conditional offer of employment is made, may an employer ask about an individual s conviction history (except as to matters that are off limits) and unresolved arrests. Individualized assessment required 33

12 34 Ban the Box Laws Los Angeles Ordinance covers employers with 10+ employees Employers may not ask about an applicant s record until a conditional offer of employment has been extended Individualized assessment required New DFEH Transgender Regulations 35 New DFEH Transgender Regulations On July 1, 2017, new California regulations provide that it is unlawful to discriminate against an individual who is transitioning, has transitioned or is perceived to be transitioning. The transitioning process includes, but is not limited to: Changes in name and pronoun usage. Facility usage. Participation in employer-sponsored activities, such as sports teams, team-building projects or volunteering. Undergoing hormone therapy, surgeries or other medical procedures. 36

13 37 New DFEH Transgender Regulations Employers must honor an employee's request to be identified by a preferred gender, name or pronoun, including gender-neutral pronouns. However, an employer can use an employee's gender or legal name as indicated on a government-issued identification document only if necessary to meet a legally-mandated obligation. New DFEH Transgender Regulations Employer may not: make inquiries that, directly or indirectly, identify an individual on the basis of sex, gender, gender identity or gender expression. inquire about or require documentation or proof of an individual's sex, gender, gender identity or gender expression as a condition of employment. 38 New DFEH Transgender Regulations All employees have the right to use a facility that corresponds to the employee's gender identity or gender expression, regardless of the employee's assigned sex at birth. Employers with single-occupancy facilities under their control must use gender-neutral signage for those facilities, such as "Restroom," "Unisex," "Gender Neutral," "All Gender Restroom," etc.. Employees can't be "required to undergo, or provide proof of, any medical treatment or procedure, or provide any identity document, to use facilities designated for use by a particular gender." 39

14 40 New DFEH Transgender Regulations To protect the privacy interests of all employees, the regulations require employers to provide feasible alternatives, such as: Locking toilet stalls. Staggered schedules for showering. Shower curtains. Other feasible methods for ensuring privacy. Employers cannot require an employee to use a particular facility. Learning Lessons from EEOC & DFEH Settlements 41 Inflexible Disability Leave Policy Results in $2 Million Settlement In August 2017, United Parcel Service, Inc. agreed to pay $2 million to nearly 90 current and former UPS employees to resolve a nationwide disability discrimination lawsuit filed by the EEOC. EEOC alleged that UPS: failed to provide disabled employees with reasonable accommodations, and maintained an inflexible leave policy, whereby the company fired disabled employees automatically when they reached 12 months of leave, without engaging in the interactive process required by law. 42

15 43 100% Healed Policies Violate Duty to Accommodate After injuring his back, a school custodian returned to work and performed his duties for several months until the school district informed him he was unqualified for the position due to physical restrictions. The district relied on a test of physical capability that requires the employee be able to exert maximum force to determine if someone can perform custodial duties. Because the custodian had a lifting restriction that prevented him from exercising maximal force, he was considered ineligible. The testing requirements effectively meant that the employee had to be 100% healed from an injury before he would be considered eligible to work. Such policies violate the duty to accommodate. School district settled with DFEH for $290,000, offered to reinstate the employee and changed its policies. Recent California Employment Cases 44 New California Supreme Court Decision re: On-Call Rest Periods California Supreme Court held: Employers are required to permit their employees to take off-duty rest periods under California law. Employers may not require their employees to remain on call during rest periods. During rest periods employers must relieve employees of all duties and relinquish control over how employees spend their time. A rest period, in short, must be a period of rest. Augustus v. ABM Sec. Servs., Inc., 2 Cal. 5th 257 (Dec. 22, 2016), as modified on denial of reh'g (Mar. 15, 2017)

16 46 What Should You Do? Review and update your meal and rest period policies to comply with California law. If an employee works 3.5 hours or more in a day, the company must provide a 10-minute rest break for every 4 hours worked or major fraction thereof. Train your managers re: your meal and rest period policies. Don t require employees to remain on call during meal or rest periods. Don t exercise control over employees during their meal and rest periods. Relieve employees of all duties during meal or rest periods, and allow them to take uninterrupted breaks. Do not impede or discourage employees from taking breaks. 46 Commissioned Employees Entitled to Separate Pay for Rest Periods Sales associates brought class action against employer, alleging that commission pay plan did not comply with California law regarding rest period compensation. The commission plan provided that if the sales associate earned less than $12 per hour in commissions in any pay period, the company paid him a draw against future advanced commissions. 47 Commissioned Employees Entitled to Separate Pay for Rest Periods The appellate court held that: When the company paid an employee only a commission, the commission didn t account for rest periods. When the company paid an employee on an hourly basis (including for rest periods), it took back that compensation in later periods. In both situations, the employee wasn t separately compensated for rest periods in violation of California law. Vaquero v. Stoneledge Furniture LLC, 9 Cal. App. 5th 98 (Feb. 28, 2017), review denied (June 21, 2017). 48

17 49 What Should You Do? Review your commission based compensation plans to ensure that you separately account for and pay employees for rest periods in compliance with California law. It isn t sufficient for a commission plan to pay employees a guaranteed minimum as a draw against their future commissions. Worker Without Work Permit Entitled to Minimum Wage and Overtime Protections; Lodging and Meals Can t be Used to Satisfy Minimum Salary Requirement for Exempt Employees Worker sued for wage and hour violations. Appellate court held that the fact that worker was waiting for H-1B Visa approval was irrelevant. A worker without a work permit is still entitled to receive minimum wage and overtime. Appellate court held that nonmonetary benefits (e.g., employer provided lodging, meals, cell phone and use of vehicle) can t be used to satisfy minimum salary requirement for exempt employees. Ming-Hsiang Kao v. Joy Holiday, 12 Cal. App. 5th 947 (June 15, 2017) 50 California Supreme Court Holds Employees Names and Contact Information Discoverable in PAGA Lawsuit Williams filed PAGA lawsuit against his employer, Marshalls, for failure to provide him and other employees meal and rest periods, accurate wage statements, and expense reimbursement. Williams sought the contact information of 16,500 nonexempt Marshalls employees. Trial court and appellate court refused. The California Supreme Court reversed, holding: Identity of employer's other employees in California was relevant and discoverable; Employee was not required to show that he had been subject to Labor Code violations in order to obtain contact information; Privacy concerns of other store employees did not warrant complete bar to discovery and could be addressed by notice giving employees opportunity to opt out of disclosure of their contact information; and Party seeking discovery of private information need not always establish a compelling interest or compelling need. Williams v. Superior Court, 3 Cal. 5th 531 (July 31, 2017). 51

18 52 California Day of Rest Law Hourly, non-exempt employees commenced class action alleging that employer violated California Labor Code by failing to provide them with one day's rest in seven on three occasions. Every person employed in any occupation of labor is entitled to one day s rest therefrom in seven. (Lab. Code 551.) No employer of labor shall cause his employees to work more than six days in seven. (Lab. Code 552.) Those sections do not apply when the nature of the employment reasonably requires that the employee work seven or more consecutive days, if in each calendar month the employee receives days of rest equivalent to one day's rest in seven. (Lab. Code 554.) Those sections also do not apply to any employer or employee when the total hours of employment do not exceed 30 hours in any week or six hours in any one day thereof. (Lab. Code 556.). The California Supreme Court held that: A day of rest is guaranteed for each workweek, not for any consecutive seven-day period; The exemption for employees working shifts of 6 hours or less applies only to those who never exceed 6 hours of work on any day of the workweek; and An employer may not induce an employee to forgo rest to which he or she is entitled, but the employer may permit or allow the employee to do so. Mendoza v. Nordstrom, Inc., 2 Cal. 5th 1074 (May 8, 2017). Vacation Accrual Companies Can Impose A Waiting Period Vacation policy provided: All employees earn 1 week of vacation after completion of 1 year of service and a maximum of two weeks of vacation after two years of service. This means that after you have completed your first anniversary with the company, you are entitled to take one week of paid vacation, and after completion of two years of service, you will accrue two weeks of paid vacation per year. This does not mean you earn or accrue 1/12 th of one week s vacation each month during your first year. You must complete one year of services with the company to be entitled to one week of vacation. 53 Vacation Accrual Companies Can Impose A Waiting Period Employee worked for the company for 6 months. He didn t receive any vacation wages in his final paycheck. He sued for failure to pay wages upon termination, violation of California s unfair competition law, and PAGA penalties. Trial court granted the employers motion to dismiss and the Court of Appeal affirmed, ruling that a company s vacation policy may impose a waiting period before accrual. Minnick v. Auto. Creations, Inc., 13 Cal. App. 5th 1000 (July 28, 2017), review filed (Sept. 5, 2017). 54

19 55 Additional California Employment Laws Effective January 1, 2018 Small Business Gender Discrimination in Services Compliance Act AB 1615 requires an attorney, with each demand letter or complaint alleging gender discrimination in pricing services, to provide the defendant with: (1) a copy of informational materials regarding legal requirements that businesses charge the same price for the same or similar services, regardless of the customer s gender. (2) a pamphlet or informational materials to be developed by the Department of Consumer Affairs for use by tailors and businesses providing aftermarket clothing alterations, barbers and hair salons, and dry cleaners and laundries providing services to individuals that explain the business rights and obligations under the Gender Tax Repeal Act of 1995: That the business is prohibited from charging different prices for services of similar or like kind based on the customer s gender, unless the price difference is based upon the amount of time, difficulty, or cost of providing the services That the business shall disclose a price list and sign That a business has 30 days to correct any violation of the posting requirements 56 Workplace Safety AB 1222 Existing law makes it a crime to drive a motor vehicle while holding and operating a handheld wireless telephone or electronic wireless communications device. Existing law defines an electronic wireless communications device as including, but not limited to, a broadband personal communication device, a specialized mobile radio device, a handheld device or laptop computer with mobile data access, a pager, or a two-way messaging device. AB 1222 removes a specialized mobile radio device and a two-way messaging device from the list of devices specifically included as an electronic wireless communications device. 57

20 58 Human Trafficking Bills AB 260: Requires hotels, motels, and bed and breakfast inns to post the notice relating to slavery and human trafficking. SB 225: Existing law requires specified businesses to post a notice that contains information relating to slavery and human trafficking, including information regarding specified nonprofit organizations that a person can call for services or support in the elimination of slavery and human trafficking. This bill requires the notice to specify that a person can also text a specified number for services and support and would revise the names of the nonprofit organizations listed in the notice. Bills Relating to the Military and Veterans AB 1710: Existing law prohibits various types of discrimination against an officer, warrant officer, or enlisted member of the military or naval forces of the state or of the U.S. because of his membership or service, including, discrimination with respect to his employment. This bill would include, within these prohibitions, discrimination in terms, conditions, or privileges of employment. AB 1711: Provides that a member of the State Military Reserve be granted military leave and other specified benefits on the same basis as a member of the National Guard or other military reserve member. 59 Bills Relating to the Military and Veterans SB 410: Authorizes the Department of Human Resources or the designated appointing authority, in order to facilitate a request for veterans preference from a currently serving active duty member of the United States Armed Forces, to use a signed document by the applicant s commanding officer of the military to verify that applicant s military service. SB 728: This bill grants a state officer/ employee who serves as a member of the National Guard or federal military reserve force who is called up to active service and as a result sustains a service-connected disability rated at 30% or more by the U.S. Department of Veterans Affairs an additional credit for sick leave with pay of up to 96 hours for the purpose of undergoing medical treatment, including mental health treatment, for his service-connected disability. 60

21 61 Bills Relating to Peace and Public Officers AB 1440: Specifies that United States Immigration and Customs Enforcement officers and United States Customs and Border Protection officers are not California peace officers. AB 585: Provides that a police security officer includes an officer employed by a police division that is within a city department and that operates independently of the city police department commanded by the police chief of a city. SB 324: Limits the scope of the prohibition against carrying or possessing firearms by authorizing a custodial officer to use a firearm that is a less lethal weapon in the performance of his or her official duties, at the discretion of the employing sheriff or chief of police. Bills Relating to the Teaching Profession AB 226: Teacher credentialing: spouses of active duty members of the Armed Forces: expedited application process. Requires that a completed application for a credential be granted within 7 days of receipt by the commission. AB 1325: State teachers retirement. Includes amendments to, and additional requirements relating to, public employees retirement and social security. AB 170: Teacher credentialing. No longer requires, for issuance of a multiple subject teaching credential or a preliminary multiple subject teaching credential, that the baccalaureate degree be in a subject other than professional education. SB 621: Overtime compensation: private school teachers. Specifies that existing standards apply to full-time employees and would prescribe a revised earnings standard for exemption from overtime provisions for part-time employees. 62 Bills Relating to School Employees AB 872: School employees: employment: sex offenses. Revises the list of crimes included in the definition of sex offense by, among other things, including specified crimes a violation of which requires a person to register as a sex offender under the Sex Offender Registration Act. AB 949: School employees: contracts: sole proprietors: criminal background checks. Provides that an individual operating as a sole proprietor of an entity that has a contract with a school district is considered to be an employee of the entity for purposes of the criminal background check requirements and would require a school district to prepare and submit that employee s fingerprints to the Department of Justice. 63

22 64 Bills Relating to School Employees SB 731: Public school employees: former or current members of the Armed Forces of the United States or California National Guard: leave of absence for illness or injury. AB 500: Employee codes of conduct: employee interactions with pupils. Bills Relating to Various Professions AB 579: Apprenticeship: fire protection: firefighter preapprenticeship program. Requires the Division of Apprenticeship Standards, in collaboration with the California Firefighter Joint Apprenticeship Committee (CAL-JAC), to develop a statewide firefighter preapprenticeship program designed to recruit candidates from underrepresented groups. AB 326: State Board of Barbering and Cosmetology: physical and sexual abuse awareness training. Authorizes the board to promote physical and sexual abuse awareness, as specified, by means of mail, television, radio, motion picture, newspaper, book, Internet, or other electronic communication. 65 Bills Relating to Various Professions SB 799: Nursing (new report on employers voluntarily reporting on disciplined nurses). Makes certain changes to the Board of Registered Nursing. AB 670: Classified employees: part-time playground positions. 66

23 67 Bills Relating to Public Employment AB 1339: Public employment: background investigations. Extends employer disclosure requirements to information relating to a current or former employee who is an applicant for a position other than as a sworn peace officer with a law enforcement agency. SB 285: Public employers: union organizing. Bills Relating to County Employees SB 671: County employees retirement: retirement funds: transfers. Relates to Riverside County advance payments for estimated annual county or district contributions. AB 995: County employee retirement: retirement board appointees: leave balances. Requires any leave balance accrued by a county employee prior to his or her appointment as a Ventura County retirement system employee, as described above, to be transferred from the county to the retirement system and would require the county to pay to the retirement system an amount equal to the value of the accrued leave. 68 Government Contractors SB 418: Adds occupation specific exceptions to the requirement that a specific percentage of skilled journeypersons working on a public contract or project be graduates of an apprenticeship program. 69

24 70 Bills Relating to CalFresh AB 415: CalFresh: employment social enterprise. Authorizes the State Department of Social Services to contract directly with an entity that provides services on a regional or statewide basis and that has expertise in, and secures funds for, CalFresh E&T program services. AB 563: CalFresh Employment and Training program. Prohibits a person who is subject to the able-bodied adult without dependents time limit from mandatory placement in CalFresh E&T, and would include job search training and job retention. Bills Relating to CalFresh SB 282: CalFresh and CalWORKs. Known as the Reducing Hunger Among Vulnerable Californians Act of 2017 This bill will increase access to prepared food for low income homeless, elderly or disabled Californians and also create employment opportunities for childless homeless adults 71 Bills Relating to Public Employees Retirement System ( PERS ) AB 1243: Public Employees Retirement System: replacement benefits plan. Authorizes a county superintendent of schools to draw requisitions against the county school service fund and the funds of the respective school districts or other local educational agencies in amounts equal to the total of the contributions required to be paid pursuant to replacement benefit plan provisions. AB 1309: Employment without reinstatement: failure to enroll or report: fee. Authorizes the Board of Administration of the PERS to assess an employer that fails to enroll or report the pay rate/hours of a retired member employed within 30 days a $200 fee per month. The bill would prohibit an employer from passing those fees on to an employee. 72

25 73 Bills Relating to Public Employees Retirement System ( PERS ) AB 590: Public employees' retirement: membership election Limit on option to elect to have specified service excluded from coverage by the Defined Benefit Program of the State Teachers Retirement Plan and instead be subject to coverage by PERS, as specified. AB 1487: Public Employees Retirement System: limited term appointments. Prohibits out-of-class appointment by a contracting agency or school employer from exceeding 960 hours each fiscal year. SB 525: Public employees retirement. Redefines terms and make changes to certain provisions of the PERS system. SB 84: Public Employees Retirement Fund - state employer contributions: supplemental payment. AB 20: Public employee retirement systems: divestment: Dakota Access Pipeline. Bills Relating to Tax Violations and Cash-Pay Employment AB 1695: Unemployment insurance. Makes changes to and reporting requirements for the Joint Enforcement Strike Force on the Underground Economy to combat tax violations and cash-pay employment. 74 Miscellaneous Bills AB 581: Apprenticeships on public works projects. AB 1455: The California Public Records Act: exemptions. AB 1223: Construction contract payments: Internet Web site posting. 75

26 76 Thank you. Questions? In order to receive your continuing education certificate(s) for this program, you must complete the online evaluation. The link can be found in the continuing education section at the front of the program guide.