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AB 1676: New Pay Parity Bill on Governor’s Desk

AB 1676 was introduced by Assembly Members Campos and Gonzalez on January 19, 2016. The bill amends the “California Fair Pay Act” (SB 358) which was enacted last year. The California Fair Pay Act strengthened an existing statute that prohibits paying women less than men for doing similar work.  AB 1676 adds race and ethnicity to the law; so an employer cannot pay employees of a particular race or ethnicity less than others for similar work. In addition, AB 1676 provides that, “Prior salary shall not, by itself, justify any disparity in compensation.” Comments: AB 1676 has passed both houses and is…

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AB 2835: “Union Recruiting” Bill May Land on Governor’s Desk

AB 2835 was introduced by Assemblyman Cooper (D-Elk Grove) on February 19, 2016. Since then it has been amended a few times but the substance of the bill remains the same. AB 2835 mandates that public employers provide an “orientation” to new employees during which time the union is entitled to make a 30 minute presentation. This bill is a direct result of the Friedrichs v. California Teachers Association (Friedrichs) decision in which the Supreme Court, in a tie vote, let stand a lower court’s ruling allowing agency fees in the public sector. Back when the outcome of Friedrichs was in doubt, unions began proposing that they be allowed to make presentations at mandatory employee orientations in the hope of increasing their membership if agency fees disappeared. Once Friedrichs was decided, employers were hopeful that the unions would drop this idea, but that turned out not to be the case.

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Will PERB Gain Jurisdiction Over Uber?

Are Uber drivers employees or independent contractors? And if they are independent contractors, how can they be organized to improve their working conditions? As the economy begins to rely more and more on “gig” workers, unions and employee advocates have been grappling with how to protect these workers and advance their working conditions. Last late year there were several articles discussing the “California 1099 Self-Organizing Act” which would bypass unions altogether and allow independent contractors to “negotiate” directly with companies like Uber. Only recently has the actual bill been introduced in the Legislature.

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Governor Signs SB 331 (CRONY); Vetoes SB 406 (Expanded CFRA)

On Friday, October 9, the Governor signed SB 331, which imposes hurdles for public agencies seeking to enact "Civic Openness in Negotiations” (COIN) measures.  (I previously wrote about SB 331 here.) I was holding out hope that the Governor would veto this cynical bill but he ended up signing it. On Sunday, October 11, the Governor vetoed SB 406, which would have expanded the coverage and scope of the California Family Rights Act. (I previously wrote about SB 406 here.) In this veto message, the Governor stated: I support the author's efforts to ensure that eligible workers can take leave to care…

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SB 406: Expands California Family Leave Act

Last Friday, September 11th, was the last day for any bill to pass the Legislature this year. One of the most closely watched bills was SB 406, a measure that expands the California Family Leave Act (CFRA). This bill was labeled a “job killer” by the California Chamber of Commerce. Despite that designation, SB 406 made it out of the Assembly on a 41-29 vote. The bill is now on the Governor’s desk.

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