These 7 union-backed workplace laws are coming to California

The unions spent tens of millions of dollars keeping Newsom in office.  He has paid them back by among other things, taking away the rights of farm workers to a free and honest election.  Thanks to Gavin it will be easy to harass a farmworker into being a member of a union that is killing their industry.

“In one of Sacramento’s most contested legislative battles this year, labor activists wona fight to establish an advisory body that will help set conditions and higher pay in fast food restaurants. AB 257 creates a statewide council that could grant fast food workers $22-per-hour wages. Proponents faced immense pressure from the fast food industry, which aired ads asserting that the legislation would result in higher prices.”

He turned every fast food place in California with at least 100 franchises from being privately owned, to government controlled and run.  If government sets the wages, working conditions and benefits for workers, then all the owners can do is set the location of the place and whether to serve tacos or burgers.  The owners take the financial risk, while the government controls if you are allowed to make a profit.  This is called socialism.

These 7 union-backed workplace laws are coming to California

Gavin Newsom has sided with unions and worker advocates on a number of closely watched proposals.

By ALEXANDER NIEVES and OWEN TUCKER-SMITH, Politico,  9/30/22   

Few players in California’s political ecosystem will have more wins to celebrate this year than organized labor.

Hard-fought battles between the state’s labor unions and business interests over workplace rules annually produce some of the biggest fireworks in Sacramento, and almost always result in at least a few vetoes that leave worker advocates sour. This year Democratic Gov. Gavin Newsom, who is cruising to reelection in November, is giving them almost everything they wanted.

“It’s kind of overwhelming, to be honest,” said Lorena Gonzalez, a former Democratic state lawmaker who now heads the California Labor Federation. “Every single one of our sponsored bills that made it to [Newsom’s] desk was signed.”

Topping the list of wins are bills that make it easier for farmworkers to unionize, help set higher minimum wages and conditions in the fast food industry and boost how much employees receive through paid family leave.

Here’s POLITICO’s breakdown of new state workplace laws slated to take effect Jan. 1:

Victory for farmworkers

Newsom took political observers by surprise this year when he walked onto the steps of the state Capitol and signed a bill making it easier for farmworkers to unionize — one he had threatened to veto just weeks earlier.

AB 2183 will scrap rules that require agricultural workers to vote in union elections at a physical polling place, and instead allow them to express interest in organizing by signing a card. That change is vital, the United Farm Workers argued, to protect undocumented workers from being deported for showing up to vote.

The issue grabbed national attention after Newsom’s office hinted he would veto the bill and as thousands of UFW supporters neared the Capitol after a weeks-long march from the Central Valley. That position drew rebukes from the highest levels of the Democratic party, with President Joe Biden, Vice President Kamala Harris and House Speaker Nancy Pelosi all urging Newsom to sign the legislation.

Newsom, UFW and the Labor Federation reached a last-minute deal that averted a veto, and in many ways signaled the resurgence of the iconic farmworkers union founded by Cesar Chavez and Dolores Huerta.

Fast food industry standards

In one of Sacramento’s most contested legislative battles this year, labor activists wona fight to establish an advisory body that will help set conditions and higher pay in fast food restaurants. AB 257 creates a statewide council that could grant fast food workers $22-per-hour wages. Proponents faced immense pressure from the fast food industry, which aired ads asserting that the legislation would result in higher prices.

The bill, which barely cleared the Legislature, could give workers leverage in an industry that has historically been difficult to unionize — if it ever takes effect.

Industry interests are now trying to use the state’s ballot initiative system to block the law. If their referendum petition collects enough signatures,AB 257 will be on hold until the November 2024 election, when voters will decide whether to scrap it permanently.

Meanwhile, CalChamber says it worries the bill could set a precedent for other corners of the California economy. “It’s a little troubling in the sense that we’re doing this for fast food,” CalChamber lobbyist Ashley Hoffman said. “Does that mean they’re going to try to do this in other industries?”

More money for family leave

California has for nearly two decades offered employees a percentage of their salaries for at least six weeks when they’re sick, taking care of a family member or bonding with a newborn. Soon, they’ll receive an amount closer to what’s in their regular paychecks — a change that worker advocates have argued is essential for low-wage workers who can’t afford any drop in income.

SB 951 from state Sen. María Elena Durazo (D-Los Angeles) will keep the state’s wage replacement rates at the current 60 to 70 percent next year and bump them to 70 to 90 percent in 2025. That change comes with a price tag of $3 to $4 billion annually, and workers — higher earners, in particular — will pay more into the system to cover those costs.

Newsom has been reluctant to sign off on the plan. He vetoed a similar proposal last year, shortly before his recall election, noting its cost burden on workers paying into the program. But pressure grew this year, as the wage replacement rate was set to revert to pre-2016 levels in January, and he agreed to a provision that removes a cap on payroll tax contributions.

Salary ranges coming to job postings

Pay transparency advocates didn’t get everything they hoped for this session, but there are a few big changes coming to state law.

One of the major provisions included in SB 1162 is a rule that requires businesses with at least 15 employees to include salary ranges in job postings. That’s a policy researchers say gives job applicants, especially women and people of color, more leverage in negotiating salaries.

The bill will also collect demographic data from temporary staffing agencies, which worker advocacy groups argue often underpay contractors and fail to provide them with the same benefits as employees. The contracting sector has traditionally been exempted from data collection at both the state and federal level.

Not included in the legislation is a rule that would have required large companies to publicize how much they pay their workers, broken down by gender, race and ethnicity. That was removed by the Assembly Appropriations Committee. Sen. Monique Limón (D-Santa Barbara), who authored the bill, has said she plans to continue pushing for that change.

Staying home in an emergency

It will soon be illegal for employers to retaliate against workers who refuse to attend or remain at work during an emergency. This policy would apply during wildfires or other natural disasters, as well as emergencies triggered by criminal activity.

This bill, SB 1044, initially drew overwhelming opposition from business groups, but some of its foes — including CalChamber — backed down after a handful of amendments carving out exceptions to the policy.

The bill does not apply to employees who frequently work in emergency situations, and one amendment clarified that the legislation doesn’t include health pandemics in its definition of an emergency condition.

Family leave expansions — and time off to grieve

California employees will soon be able to take time off work to care for their friends and “chosen family,” not just partners and close relatives. They will also be guaranteed a week of unpaid leave after the death of a parent, child, spouse or other close relative.

Most workers can alreadytake at least three sick days and at least 12 weeks of unpaid job-protected leave to look after sick family members. Under AB 1041, they will be able to use this policy for anyone.

Advocates say the law will benefit employees living in households with non-family members as well as LGBTQ+ employees who are unable to live with relatives. But business organizations have pushed back against the legislation. CalChamber has warned that employees will be able to exploit the law, and that small businesses will be cornered into approving requests to avoid costly litigation that they can’t afford.

California will also require employers to offer bereavement leave. Assemblymember Evan Low (D-Campbell) previously pushed for such a policy, prompted by the pandemic’s toll. His AB 1949 will give workers five days of unpaid leave that they can use over a three-month period after the death of a close relative.