SB 188 – Hairstyle-Based Race Discrimination SB 188, known as the CROWN Act,
to petition courts to issue a “gun violence restraining order” prohibiting individuals exhibiting a substantial likelihood of significant danger or harm to themselves or others from possessing a firearm or ammunition. AB 61 expands the law to allow employers and co-workers to pursue such restraining orders under certain circumstances. State Minimum Wage Increase Beginning January 1, 2020, the state minimum wage increases to $13.00 per hour for employers with 26 or more employees. The rate is $12.00 for employers with 25 employees or fewer. The minimum salary under the white collar overtime exemption test is two times the state minimum wage or $54,080 for large employers and $49,920 for smaller employers. Also, more than two dozen cities and counties have their own minimum wage that exceeds the state wage, and many of those will also increase on January 1 or summer of 2020. Some cities apply their elevated wage rate to employees that don’t even live or work fulltime in the city. The City of Los Angeles, for example, defines “employee” to mean any individual who in any particular week performs at least two hours of work within the geographic boundaries of the City of
Los Angeles for any employer. The Adverse Effect Wage Rate, payable to H-2A workers and others in “corresponding employment” increases to $14.77 in California on January 2, 2020. Ag Overtime Reminder that beginning January 1, the threshold for paying overtime for agricultural employees under IWC Wage Order 14 is after 9 hours per day or 50 hours per week. This change could also affect the minimum amount of paid sick leave employees must be granted. For employers that provide a front-loaded annual grant of paid sick leave, the amount front-loaded must generally be 24 hours or 3 days of paid leave at the beginning of each year or 12-month period. However, for employees who regularly work more than 8 hours a day, they must receive 3 times their regular number of daily work hours at the beginning of the year. Therefore employers must grant ag employees who work 9-hour shifts with 27 hours of paid sick leave. Western Growers members are encouraged to review their existing employment practices and employee handbooks, and to make all necessary updates to ensure compliance with the new laws.
amends FEHA to define “race” to include “traits historically associated with race” such as “hair texture, and protective hair styles” including “braids, twists, and locks.” The new law protects employees who wear their natural Afro-textured curly hair in an un-straightened (natural) style and addresses the issue of discrimination aimed against black employees and applicants based on the way they choose to wear their hair. The California Consumer Privacy Act (CCPA) imposes a wide range of new requirements for the collection and processing of personal data of California residents effective January 1, 2020. Businesses subject to the CCPA are those that: • Have an annual gross revenue of over $25 million; OR • Annually buy or share personal information of 50,000 or more consumers; OR • Derive 50% or more of their annual revenue from selling consumers’ personal information. Under the CCPA, “consumer” is defined broadly as any California resident, which includes your employees if you are subject to the CCPA, AB 25 provides a temporary, one year carve-out for employee data. The new law AB 25 – Employee Data Under the California Consumer Privacy Act
exempts applicable employers from the CCPA’s requirements to provide rights of access, correction, deletion and opt-out of sale of personal information for California residents who are job applicants, employees, or contractors. The exemption applies only to personal information that is collected by the employer from the individual in their capacity as an employee and lasts only until December 31, 2020. Notably, applicable employers will still have to provide a notice to applicants and employees about the categories of personal information they collect about them and the purposes for which
they collect the information effective January 1, 2020 .
AB 61 – Restraining Orders Existing “red flag laws” allowed immediate family members and law enforcement
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JANUARY | FEBRUARY 2020
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