Posted on January 6th, 2020
FULL TRANSCRIPT BELOW:
What’s happening, fellow entrepreneurs? It’s John Fagerholm again, and it’s mid-December 2019, so time again to go through all of the terrible new laws that are going to come into place at the beginning of the year.
I want to start out by … Well, this video, I just want to kind of briefly touch on all the ones that are coming out, and then I’ll make other videos for the important ones that get really specific into them. So let me start right in.
Okay, well, the first one is the one that’s affecting everybody, especially Uber and the gig economy. It’s 85, which basically just expands the law and codifies the presumptions of the Dynamex case.
So basically, it makes it where it’s almost impossible for anybody to be an independent contractor. That’s the gist of AB 5. I’m sure everybody’s heard about it. All my clients are in an uproar about it.
It’s something you should really be concerned with if you use independent contractors.
Okay. Next, let’s talk about SB 188, discrimination, harassment, retaliation. So basically what SB 188 does is it amends the definition of race to include things like …
Well, it expands the definition of race and the protections related to race for things like hair texture, certain features, and including hairstyles. So I think I talked about this in a separate video, but I’ll probably get into it again.
All right, next. Okay, it’s a bad one, AB 9. So what this does is it expands the time for employees to file FEHA claims from one year to three years.
So now that one year we used to have to reject FEHA claims, now it’s going to expand to three years, so I’m expecting FEHA claims to start exploding.
Let’s see. SB 229 expands the appeal and enforcement powers of the California Labor Commissioner. Oh, great. Just what we need, to give more power to unelected, untrained …
Well, actually, I don’t want to get too harsh on the labor board, but they’re overwhelmed, I don’t think we should be expanding their powers, but it looks like we are under SB 229.
All right. Wage and hour, AB 673. Employees who do not receive payment of their wages now have the ability to file a private action for recovery statutory penalties against the employer in a hearing before the labor board, which is new, or to seek the civil penalties under PAGA, which has existed.
All right. SB 688 authorizes the Labor Commissioner to issue citations and recover amounts owed by an employer paid less than the wages earned under a contractual arrangement.
Okay, so I’m going to have to get into that one further and research that one to see what’s different because it’s not clear to me just from reading it.
Let’s see. SB 83, leave of absence and workplace accommodations.
So basically, this one just increases the maximum wage replacement benefits under the PFL program from six to eight weeks, and PFL is paid family leave.
AB 1223, I don’t think that really applies to most of my clients.
SB 142 expands the requirements of AB 1976 to provide a room or location other than a bathroom in close proximity to the employee’s work area to express breast milk.
This one never bothered me too much when it came out last year, so I’ll have to really get into the weeds here and see if there’s something in here that creates a bigger problem than what already existed since 2018.
All right, let’s see what we have next. SB 778, this is actually a good one, finally, for the employer. Workplace training and safety. That law’s been in place since 2018, and the deadline was going to be January 1, 2020 to do those training, and now that’s been extended to 2021.
So you’ve got additional time.
Let’s see, AB 203. It’s some obscure one about valley fever, so we’re not going to get into that one.
AB 1804 requires that employers report any serious occupational injury, illness, or death to Cal/OSHA through an online platform.
I didn’t look too far into this just yet, but my understanding is that that online platform isn’t ready yet, so I’m assuming that this law is going to come into place before they even have a way for you to do it. But who knows? Maybe California will get it together.
All right. AB 1805 changes the definition of serious injury or illness under the OSHA standards. Maybe I’ll make a video about that, maybe I won’t. OSHA really isn’t in my wheelhouse.
I don’t get too many claims that I have to defend against OSHA.
Let’s see, AB 61 adds sections to the existing penal code which allows family members and law enforcement to file for gun violence restraining orders, well, that expands it to permitting employers and coworkers also.
So this is what’s generally called the “red flag laws,” and I have different reasons why I’m against this, but I’ll really get into this one because this one is dangerous, I think.
Dangerous to the employer, and I’ll tell you why. And people say, “Yeah, gun violence, that’s dangerous.” But I mean, as far as potential litigation for the employer. So anyway, we’ll get into that one in a different video.
Let’s see, AB 51. This one really, really, really, really stinks, and I’m really bummed about this one. Basically, AB 51 just makes arbitration agreements essentially useless. So what it does is it effectively bans mandatory arbitration agreements and prohibits employers from requiring applicants or existing employees to waive any right, forum, or procedure for any employer violations of FEHA or the labor code.
So basically, what this does is basically takes away an employer’s right to agree with their employee to have disputes heard in arbitration. It really stinks. It basically does away with arbitration agreements, so now what would cost a third is going to cost whatever it costs to litigate these claims.
All it does is put a gun to employers’ heads and force them to settle even claims that are nonsense. Anyway, I’m not going to get into it in this video, but this is one I really want to rail about, so already got me going.
Let’s see. SB 707 adds multiple sections of the Code of Civil Procedure requiring employers to pay certain fees and costs before an arbitration may proceed.
That already existed, so I’m just assuming that once I get into the weeds here, it’s just going to be pay even more money than you’re already required to pay.
Let’s see, AB 749. This is another one that I just … I just don’t understand this. Is the goal to put people out of business? I just don’t get it. AB 749 prohibits an agreement to settle an employment dispute from containing a provision that prohibits, prevents, or otherwise restricts a settling party or a grieved person to continue working for the company.
This is absolute nonsense. “Hey, you just sued me, but come back. Let’s go to the Christmas party together.” I just don’t understand this. Just absolutely insane.
All right. Now, AB 25, privacy. This one is actually a pretty good one. Basically, this relates to the California Consumer Privacy Act, and it just requires employers to give the same privacy requirements to applicants and their employees when they have those records.
So that one is not too bad.
And that’s the last one on this list. I’ll go through, and I’ll pick out which ones I really want to really do a deep dive into. But come on, everybody out there, quit voting for these clowns that are ruining your business.
It really, really, really is up to you. And I know that we don’t have many great choices out there, but there are certainly people better than … And I’m sorry to say it.
I know some of you love Gavin Newsom. The guy’s a menace to businesses, and he’s driving businesses out of California.
I hate to be political on these videos, but it just is the absolute truth. All right, so until next time, get out there, be productive, keep your heads up.
I know this is bad news, but that’s most of these videos, right? All right, everybody, thanks a lot.
