FELS Newsletter: November 2023
UFW Declared Collective Bargaining Agent for DiMare/DMB Produce
The first union seeking collective bargaining representative status under provisions of card-check legislation enacted on May 15 (AB 113, Assembly Budget Committee) has been so certified by the California Agricultural Labor Relations Board. The certification petition, filed on Sept. 18 by the United Farm Workers union, called for a bargaining unit consisting of employees working […]
Employers: Use New Form I-9
All U.S. employers were required to begin using the latest version of U.S. Citizenship and Immigration Services Form I-9 (https://www.uscis.gov/i-9) as of Nov. 1. The new form does not change the Form I-9 process or procedure; nor does it impose any new duties on employees or employers in verifying employment eligibility. No changes were made […]
New Mandate for Reproductive Loss Leave
Gov. Gavin Newsom signed into law SB 848 (Rubio, D-Baldwin Park) on Oct. 11, mandating bereavement-like job-protected leave for instances of “reproductive loss.” SB 848 makes it unlawful for an employer of five or more employees to refuse to grant up to five days of leave to employees who have worked for that employer for […]
$20 Fast Food Minimum Wage Coming Soon to a Drive-Thru Window Near You
On Sept. 28, Gov. Gavin Newsom signed into law AB 1228 (Holden, D-Pasadena), completing the agreement reached between employers and labor unions that invalidated a referendum on an even bigger minimum wage increase for fast food workers, which unions had pushed through in 2022, and 2023 legislation making franchisors re-sponsible for franchisees’ wage violations. The […]
Capitol Roundup: More Mandates for California Ag Employers
The California Legislature wrapped up its 2023 session on Sept. 14, passing many bills that will make life harder for California employers in general, including agricultural employers: The measure follows up on 2022 legislation that interpreted the Labor Code to the effect that herders of goats to control wildfire fuels should be paid on the […]
California Expands Paid Sick Leave Effective Jan. 1
On Oct. 4, Gov. Gavin Newsom signed into law SB 616, which nearly doubles the amount of paid sick leave (“PSL”) employers are required to provide employees. The law will take effect on Jan. 1 and is yet another progressive policy passed by politicians for the sole purpose of gaining votes, while completely disregarding the […]
It’s a TRAP! Labor Board Seeks to Prohibit Use of Training Repayment Agreement Provisions
Aaron Vance, Barnes & Thornburg Recently, the story of Drew Lakey, a physician assistant in California, drew widespread interest across the internet (including numerous TikToks) after the New York Times featured her in a story about employers seeking to recover the costs of training employees. Lakey’s former employer sought repayment and consequential damages related to her former […]
“Quiet Firing:” A Bad Idea
Robin Shea, Constangy Brooks Smith & Prophete Better to have the courage of your convictions. I’m sure you’ve heard of “quiet quitting,” when an unhappy employee does the bare minimum to get by and keep drawing a paycheck but doesn’t care much about the job beyond that. (When “quiet quitting” was all the rage a […]
