Ballard Rosenberg Golper & Savitt

https://conta.cc/3zZLymS "Time Off To Vote" Notices California Elections Code section 14001 requires employers to post a notice to employees advising them of their right to paid leave for the purpose of voting in statewide elections. Employers must post the employee notice ten (10) days before a statewide election. With this year’s general election scheduled for November 5, 2024, that means the employee notice must be posted no later than October 26, 2024. The employee notice must be conspicuously posted in the workplace, or in a location where it can be seen by employees as they enter or exit their place of work. Employees are eligible for paid time off to vote, but only if they do not have sufficient time outside of working hours to vote. Polls are open from 7:00 a.m. to 8:00 p.m. Employees can be given as much time off as they need to vote, but only a maximum of two (2) hours must be paid. Employers may require that employees give two (2) days’ advance notice that they will need time off for voting. Employers may also require time to be taken off only at the beginning or end of an employee’s shift. (For More Click Above Link)

https://conta.cc/4cVSyiM New California Indoor Heat Regulations Go Into Effect Immediately On July 24, 2024, the Office of Administrative Law (OAL) approved the proposed indoor heat rule which we previously reported here. The regulation, titled Heat Illness Prevention in Indoor Places of Employment, has taken immediate effect to protect indoor workers from excessive heat and heat-related illness. Employers may access the complete text of the new regulation and related resources through the California Department of Industrial Relations website. If you have questions surrounding the proposed rule, require assistance drafting legally compliant policies, or would like general guidance about the matters discussed in this issue of Compliance Matters, please call your firm contact at (818) 508-3700 or visit us online at www.brgslaw.com. Sincerely, Richard S. Rosenberg Katherine A. Hren Amanda C. Koziol

https://conta.cc/3YaQbDY California Reduces Employee Threshold For Mandatory Labor Peace Agreements In Cannabis And Other Labor Updates In The Industry Background. To the joy of many California residents and entrepreneurs, California voters approved Proposition 64 in 2016 and legalized recreational cannabis in the state. However, unbeknownst to most cannabis business owners distracted by the incoming green rush, the California legislature inserted a “labor peace agreement” requirement into the regulatory framework governing cannabis in the state. The required labor peace agreement is an agreement between a licensee and a “bona fide labor organization” where the labor organization agrees to not economically interfere with the licensed business and the licensee agrees to grant the union access to its facility and not disrupt its organizing efforts. Generally, a union in California will not enter into a labor peace agreement unless it also contains additional union-friendly terms. Until recently, only commercial cannabis license applicants with 20 or more employees were required to enter into labor peace agreements as a condition of licensure. (For more click above link)

https://conta.cc/4cWzq3A All too familiar to California employers is the Private Attorneys General Act ("PAGA"). On July 1, 2024, Governor Gavin Newson passed two bills that significantly alter PAGA, and some of the provisions benefit California employers, by imposing stricter standing requirements, decreasing penalties for compliant employers, and requiring manageability to litigate these claims, along with other changes detailed below. Notably, the changes do not impact cases filed or PAGA notices submitted before June 19, 2024. This new legislation is foreseen to have significant impact on California wage and hour law. (For more click the link above)

https://conta.cc/4eThw3D New California Indoor Heat Regulations Set To Take Effect In August 2024 The California Division of Occupational Safety and Health (Cal/OSHA) is set to implement a long-awaited indoor workplace heat rule as early as August 1st. On March 21, 2024, the Occupational Safety and Health Standards Board (OSHSB) voted unanimously to adopt the proposed rule, despite the California Department of Finance's last minute withdrawal of approval, citing concerns over the proposed rule's financial impact on public sector entities. In an effort to address the California Department of Finance's concerns and regain its approval, Cal/OSHA drafted modifications to the proposed rule. The proposed rule, as modified by Cal/OSHA, was approved by the OSHSB on June 20, 2024. The rule is now under review with the Office of Administrative Law (OAL), which has 30 days to complete its review and approve the rule for enactment. The OSHSB informally requested the OAL to expedite its review and finalize the legislation for immediate enactment. (For more click above link)

https://conta.cc/3zoJpAh California Passes Last-Minute Emergency Measure To Exempt Mandatory Food & Beverage Fees From New Junk Fee Disclosure Requirements That Go Into Effect July 1 As discussed in a previous Compliance Matters, California passed two new laws banning so-called “junk fees” set to take effect on July 1, 2024. SB 478 applies to California businesses generally while AB 537 targets the hotel industry. Specifically, the laws prohibit covered businesses from advertising or listing a price that does not include all mandatory fees (excluding government-imposed taxes). Following an uproar from the restaurant and hospitality industries, Senator Bill Dodd proposed SB 1524 (an amendment to SB 478) to create various exemptions for long-standing food and beverage practices. Governor Gavin Newsom signed the bill into law today just before the July 1st effective date. (For more click link above)

https://conta.cc/4cEl33N Supreme Court's Starbucks Decision Makes It More Difficult For The NLRB To Obtain Injunctions Against Employers The National Labor Relations Board (NLRB or Board) is the agency authorized to bring enforcement proceedings against employers and labor unions for unfair labor practices in violation of federal labor law. The Board also may go to federal court and seek a preliminary injunction while the Board’s enforcement proceedings are still ongoing. Although these injunction requests used to be rare, they have become more frequent under the Biden Administration. (For more click above link)

https://conta.cc/4bPayur Final PWFA Regulations Extend California FEHA Pregnancy Discrimination Protections with Key Amendments The U.S. Equal Employment Opportunity Commission (EEOC) released final regulations for the Pregnant Workers Fairness Act (PWFA), which will take effect on June 18, 2024. The PWFA mandates that employers, with 15 or more employees, must offer reasonable accommodations to qualified employees who have known limitations due to pregnancy, childbirth, or related medical conditions, unless providing such accommodations would result in undue hardship to the employer. The majority of the protections for pregnant workers outlined in the final PWFA regulations are included within California's Fair Employment and Housing Act (FEHA) and the Pregnancy Disability Leave statute. However, there are some key differences between the final regulations and California’s protections, as noted below: (For more click above link) Richard Rosenberg Katherine Hren Sherry Shayan

https://conta.cc/3X2gCeP Navigating OSHA's New Walkaround Rule On April 1, 2024, the U.S. Occupational Safety and Health Administration ("OSHA") published its final rule significantly broadening the scope of the OSHA Act and its implementing regulation, 29 CFR § 1903.8, by expanding access to OSHA inspections to so-called non-employee third parties. The new rule is set to take effect on May 31, 2024 but not without first facing vigorous legal challenges from business groups. In fact, on May 21, 2024, the U.S. Chamber of Commerce, along with a coalition of other business interests, launched the first challenge to the new rule in a bid to block its implementation. Should the new rule survive, it would give unions unprecedented access to private worksites—even those that are not unionized. (For more click the above link) Richard Rosenberg Katherine Hren Danny Ivanov

https://conta.cc/3wLfem5 California Publishes Anticipated Guidance on New Junk Fee Law California passed a controversial new consumer price transparency law (SB 478) last fall banning so-called "drip pricing" and “junk fees” across the State effective July 1, 2024. We discussed the requirements of the new law, as well as its companion AB 537 specifically targeting the hospitality industry, in a previous Compliance Matters. SB 478 generally prohibits California businesses from advertising a price that does not include all mandatory fees or charges, excluding government imposed taxes or fees and postage or carriage charges. Following an uproar from the restaurant industry regarding the impact of SB 478 on established practices, the California Attorney General’s Office released a much anticipated FAQ providing further guidance to impacted businesses. Below is a summary of the key insights from the FAQ: The FAQ confirms that businesses cannot state a base price for a good or service with mandatory fees provided separately (e.g.,“$500+10%”). Simply disclosing that additional fees will be added is also noncompliant. Rather, any posted price must include all amounts that a consumer will be required to pay. (For more click above link) Richard Rosenberg Katherine Hren Charles Foster