AB 701 – Warehouse Distribution Centers Impacting warehouse distribution operations throughout California, AB 701 makes significant changes to employers with 100 or more employees at a single warehouse distribution center or 1,000 or more employees at one or more warehouse distribution centers. The definition of “warehouse distribution center” provided within the statute will make this new law applicable to various agricultural operations. Once the law takes effect it will require employers to provide each employee, upon hire or within 30 days, a written description of each quota applicable to the employee. This includes providing the “qualified number of tasks to be performed or materials to be produced or handled, within the defined time period and any potential adverse employment action” resulting from a failure to meet the quota. The bill also prohibits the setting or enforcement of any quota that prevents an employee from complying with statutory meal and rest periods, using bathroom facilities, or violating occupational health and safety laws. The bill uses the North American Industry Classification System (NAICS) Codes to define an “establishment” for purposes determine whether the operation is subject to the statute’s quota disclosures:
represent its collective workers in relation to any Labor Workforce Development Agency claim. AB 654 – COVID-19 Exposure Notification In December 2020, California AB 685 was signed into law requiring non-healthcare employers who identified three or more cases of COVID-19 (i.e., an “outbreak”) at a worksite within a 14-day period to report such information to their local health department within 48 hours. AB 654 amends this requirement to allow an employer 48 hours or one business day, whichever is later, to notify its local health department of a COVID-19 outbreak. The new law also expands existing exemptions to include community clinics, adult day health centers, community care facilities and child day care facilities. Western Growers Advocacy at Work Existing law under AB 685 requires the California Department of Public Health (CPDH) to make workplace industry information received from local public health departments available on its website in a manner that allows the public to track the number and frequency of COVID-19 outbreaks and the number of COVID-19 cases and outbreaks by industry reported by any workplace. AB 654, as initially drafted, included a requirement that this public listing include the name of each worksite impacted by a COVID-19 outbreak.
Western Growers assisted successfully in leading a coalition opposition to this requirement that resulted in this specific provision being amended out of the bill. AB 654 takes effect immediately and is scheduled for revocation January 1, 2023. SB 657 – Distribution of Employment Information: Electronic Documents Employers subject to posting requirements must conspicuously place required notices in an area of the workplace frequented by employees throughout the workday. A decrease in the number of workers frequenting the workplace—along with a corresponding increase in the number of remote workers— has caused employers to question how best to comply with posting mandates in a virtual environment. California’s newly signed SB 657 provides clarity and peace of mind. The law allows, “in any instance in which an employer is required to physically post information, [to] also distribute that information to employees by email with the document or documents attached.” It is important for employers to note that while SB 657 allows electronic distribution, it does not eliminate the employer’s obligation to physically display required postings within its existing workspace.
You’re invested in keeping Californians healthy and strong, and we are too. That’s why we’re dedicated to supporting initiatives that help improve the well-being of everyone in our state. Caring for all Californians Supporting our local communities
$9.1 million spent on health-related programs last year $4 million in Foundation grants $3.8 million in community sponsorships
83,000 pounds of food provided during Hunger Action Month through volunteer events and a virtual food drive. $565,000 granted to address the economic impact of COVID-19 through workforce development programs. 93% of our COVID-19 relief support spent on food insecurity, mental health resources, social services, and personal protective equipment (PPE). anthem.com/ca
$1.3 million in associate giving *
* Associate program value includes Dollars for Dollars program donations and Foundation match. Dollars for Doers rewards volunteering, Anthem Cares Fund, and Directors Fund grants.
Anthem Blue Cross is the trade name of Blue Cross of California. Independent licensee of the Blue Cross Association. Anthem is a registered trademark of Anthem Insurance Companies, Inc.
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NOVEMBER | DECEMBER 2021
Western Grower & Shipper | www.wga.com
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