Series 3, 10 in 10: Issue 2

California employers, both new and old, should take note of pending bills that could further expand companies’ legal responsibilities under California’s extensive and unique labor and employment laws. Below is a sampling of the Golden State legislation that employers may want to monitor in the coming legislative season.

California Senate Bill (“SB”) 1044 - Employers: State of Emergency or Emergency Condition: Retaliation.

California has been in a “state of emergency” since March 4, 2020. SB 1044, referred to by some as a “job killer,” creates employment obligations in the event of a “state of emergency” or an “emergency condition.”

Prohibits employers from:

• Taking or threatening adverse action against any employee, including essential workers, for refusing to report to or leaving a workplace within the affected area because the employee “feels unsafe.”
• Preventing employees from using their mobile device to seek emergency assistance, assess the safety of the situation or communicate with a person to confirm their safety.

Takeaways:

• Because violations of this proposed bill will be enforceable under the Private Attorneys General Act (PAGA), employers may be further exposed to civil penalties.
• Whether an employee “feels unsafe” is loosely defined under the bill, so employers will need to tread carefully should an employee make any complaint about workplace safety.

AB 257 – Fast Food Accountability and Standards Recovery Act (“FAST Recovery Act”...

Read Full Story: https://www.jdsupra.com/legalnews/california-s-2022-proposed-labor-and-4329184/