Please refer to AB 152 for the impacted code sections. 1,200+ attorneys and consulting professionals, California Business Contact Privacy Policy. Existing law requires specified businesses and other establishments, including airports, intercity passenger rail or light rail stations, bus stations, and truck stops, to post a notice, as developed by the Department of Justice, that contains information relating to slavery and human trafficking, including information regarding specified nonprofit organizations that a person can call for services or support in the elimination of slavery and human trafficking. Existing law requires employers to provide notice to the local public health agency in the event of a COVID-19 outbreak. AB 1601 expands the notice requirements of Cal/WARN to a call center employer that intends to relocate its call center. Certain employees and applicants are also exempt, including those in the building and construction trades and those whose positions require a federal background investigation or clearance. The material contained in this communication should not be relied upon or used without consulting a lawyer to consider your specific circumstances. Pursuant to SB 189, the Department of Fair Employment and Housings name changed to the Civil Rights Department. That means lots of new rules (or altered rules) are coming to California on Jan. 1, 2022. That means youll need to ask for chopsticks for your takeout sushi or a ketchup packet for your fries if you dont have those things at home. This bill amends Section 96 of, and adds Part 4.5.5 (commencing with Section 1470) to Division 2 of, the Labor Code. Los Gatos, CA 95032, 2875 South Winchester Blvd. This bill also requires an employer to keep a log of all the dates the notice was posted, and requires the employer to allow the Labor Commissioner to access those records. 1998 - 2023 Nexstar Media Inc. | All Rights Reserved. 20% of the individual's disposable earnings for that week. Gavin Newsom said the word alien has fueled a divisive and hurtful narrative and this change will allow state laws to better reflect state values. Senate Bill 803 cuts down how much training is required of barbers and cosmetologists to 1,000 hours. This bill amends Sections 100000 and 100032 of the Government Code. This bill amends Sections 1005, 1013 and 1167 of the Code of Civil Procedure, and amends Sections 6206, 6206.7, 6208.1, 6208.2, and 6209.7 of, and adds Section 6206.1 to, the Government Code. But many in the pork industry havent made the necessary changes and theres a coalition of restaurants and grocers suing, hoping for a two-year delay. The new program is expected to yield $75 billion in health benefits, prevent 7,500 air-quality related deaths and 6,000 hospitalizations and emergency room visits from 2023 to 2050. In addition, to the extent an employer has an existing bereavement policy, the bereavement leave must be taken pursuant to the employers existing bereavement leave policy. Please note that the summary below does not address all new California laws that impact employers or employees; rather, it is a summary of the new California laws that we believe to be the most significant in terms of scope and impact of individuals or employers with business operations in California. California state courts will stop sending notices to the DMV for license suspensions for failure to appear starting on January 1, 2023, while requiring the DMV to stop suspending licenses for failing to appear starting on January 1, 2027, to allow time to make computer programming changes. The standards set forth by the Fast Food Council would not apply to fast food employees with a valid collective bargaining agreement. Below is a brief summary of some of the key measures and programs, in no particular order, that take effect January 1, 2021, unless otherwise noted. The law allows for humans to collect and eat deer, elk, pronghorn antelope, or wild pig that have been hit and killed by a vehicle. SB 954requires that the Department of Industrial Relations establish an online database of electronic certified payroll records, accessible to certain trust funds established under federal law and certain committees established under federal law. Starting January 1, California law will again require drivers 70 and older to renew their license in person at a DMV office. Under the California Family Rights Act (CFRA), an employer with five or more employees must provide eligible employees who meet specified requirements to take up to a total of 12 workweeks in any 12-month period for family care and medical leave as defined by the CFRA. Cal/WARN generally applies to employers that owns or operates a covered establishment, which is a location that employs, or has employed in the preceding 12 months, 75 or more persons. Practice here. Relocation means when a call center employer, which is an employer of a covered establishment that operates a call center, intends to move its call center, or one or more facilities or operating units within the center comprising of at least 30% of the call centers total volume when measured against the average call volume for the previous 12 months, or similar operations to a foreign country. AB 2183 amends the Labor Code to establish alternative procedures to the existing polling place election process for agricultural employees. Further, it changes the basis upon which the Secretary of State may remove a participant from the program. Provide guidance and supporting information to the Legislature by submitting a report that includes legislative or policy recommendations on best practices for connecting perinatal patients with the appropriate health and well-being information relating to extreme heat. Starting Jan. 1, the state is launching a pilot program that will allow people to collect and eat roadkill. All vehicles with engine changes must pass an initial inspection at a Referee Center and must have a BAR Referee label affixed to the vehicle inside the engine compartment. This bill further requires eligible employers with five or more employees that do not offer a retirement savings program, to have a payroll deposit savings arrangement to allow employee participation in the program within 36 months after the CalSavers Board opens the program for enrollment. model year.This bill instead would also exempt from the biennial smog check program inspections all motor vehicles manufactured prior to the 1983 model-year. Although the CPRA takes effect January 1, 2023, any personal information about employees collected by employers dating back to January 1, 2022 will be subject to compliance with the CPRA. In enacting this bill, the California legislature specifically stated that it is the intent of the Legislature to restore the holding of O. G. Sansone Co. v. Department of Transportation (1976) 55 Cal.App.3d 434, and its subsequent interpretations, as it relates to the on hauling of materials used for paving, grading, and fill onto a public works site. These laws enhance requirements on recyclers to keep specific records of catalytic converters they receive and on the authorized parties that can sell used catalytic converters. That is, if it is legal in California, then according to the EPA, it is legal in all other states. The DMV will not renew placards for people who do not respond. Any discrepancies or differences created in the translation are not binding and have no legal effect for compliance or enforcement purposes. A new, rebuilt, remanufactured, or used engine of the same make, number of cylinders, and engine family (test group) as the original engine with the original emission controls reinstalled; An engine which matches a configuration offered by the manufacturer for that year, make and model of vehicle, and the appropriate emission controls for the installed engine, and chassis components are present and connected. Its very clear cut with respect to engines and exhaust, but this actually can get dicey when non-EO plug-in devices that change tire-size data or other parameters are detected. Gavin Newsom signed 770 bills into law, ranging from speed limit reductions to major police reforms. Gov. Gavin Newsom signed a whopping 770 new laws in 2021, according to Cal Matters. This bill also amends section 3212.87 to include active firefighting members of a fire department at the State Department of State Hospitals, the State Department of Developmental Services, the Military Department, and the Department of Veterans Affairs and to officers of a state hospital under the jurisdiction of the State Department of State Hospitals and the State Department of Developmental Services. All rights reserved.var d = new Date(); document.getElementById('crdate').append(d.getFullYear()); Our labor and employment team breaks down important new laws impacting employers in CA. This bill also provides that where a party seeks to recover damages based on a sexual assault that was covered up by an entity, the action may be commenced between January 1 and December 31, 2023, even if that claim would otherwise be time-barred. California Smog Law Change - Legal Options California Smog Laws - Change July 2021 Starting Monday, July 19, 2021, the California Air Resource Board (CARB), made a significant change to the definition and scope of a "smog test". Drivers are now required to change into another available lane, when possible, to pass cyclists, building on the current requirement for drivers to give cyclists at least three feet of space when passing. Another law, Senate Bill 10, aims to make it easier to build housing in California. AB 2188 amends the California Fair Employment and Housing Act (FEHA) to make it unlawful for an employer to discriminate on the basis of a persons use of cannabis off the job and away from the workplace or based on an employer-required drug test that found non-psychoactive cannabis metabolites in the persons hair, blood, urine, or other bodily fluids. The initial Referee inspection will be based on the Smog Check requirements of the engine donor vehicle. This renewal requirement is one provision of prior legislation, SB 611, enacted in 2017 to curb fraud and abuse of Disabled Person Parking Placards. Excluded from the definition of eligible employer are sole proprietorships, self-employed individuals, or other business entities that do not employ any individuals other than the owners of the business. . Cities and counties will start enforcing this new law on June 1, 2022. Thats more than double the federal minimum of $7.25 an hour. 50% of the amount by which the disposable earnings for the week exceed 40 times the state minimum hourly wage (or, the local minimum hourly wage, if greater than the state minimum hourly wage). Review available literature on adverse effects of extreme heat on perinatal health. This law exempts vehicles registered to veterans displaying specialized license plates from paying tolls on roads, bridges, highways, vehicular crossings, or other toll facilities. These employers must also provide a rest period based on the total hours worked daily at the rate of 10 minutes net rest time per four hours or major fraction thereof as provided by Wage Order No. California concealed carry: Legislators to change rules- CalMatters Criminal Justice California's change to concealed carry permits would reduce wide variations among counties by Ben Christopher June 29, 2022 Updated July 1, 2022 Revolvers for sale at a gun store in Oceanside on April 12, 2021. AB 551 extends the effective date of AB 845, which provides that if a member of certain firefighter, public safety and health care job classifications tests positive for COVID-19 and retires for disability on the basis of a COVID-19 related illness, it is presumed that the disability arose out of, or in the course of, the members employment, unless rebutted. A more detailed overview is linked here. The Oscars will air on ABC and can be streamed on ABC.com and the ABC app as well as Hulu + Live TV, YouTube TV, AT&T TV or FuboTV. SB 1044 also requires employees to notify their employer of the emergency condition requiring them to leave or refuse to report to the workplace or worksite (either prior to leaving or refusing to report, when feasible, or when prior notice is not feasible after leaving or refusing to report as soon as possible). The new law repeals California's current rolling emissions-test exemption for vehicles 30 years old and older and replaces it with a law requiring the lifetime testing of all 1976 and newer model-year vehicles. Again, the ECM is an emissions control device, too. Natural gas-powered vehicles weighing over 14,000 lbs. Its very important to remember this: The ECM itself is an emissions control device. This bill amends, repeals and adds Section 706.050 of the Code of Civil Procedure. While California law requires the Smog Check Program to focus on high-polluting vehicles, the Smog Check Program also does not require older vehicles to meet the same emissions standards as newer vehicles. SB 954 requires that the online database contain only nonredacted information that may be provided to those trust funds and committees. Further, the Labor Commissioner is authorized to take assignments of violations of standards issued by the Fast Food Council upon the filing of a written claim by an employee or an employees representative. The word will be replaced with words like noncitizen or immigrant. Gov. Starting in 2022, all California residents and businesses will be required to sort their organic waste from the rest thanks to Senate Bill 1383. In order to have the full site experience, keep cookies enabled on your web browser. AB 1726 provides, among other things, that if a program participant or parent or guardian acting on behalf of a minor or incapacitated person relocates to a state without an address confidentiality program, then they remain enrolled and that mail be forwarded for the remainder of the term they are qualified to participate in the program. Upon a finding by the board that the employer violated the law, the employer shall be subject to a civil penalty, to be deposited in the General Fund, of up to $1,000 per each affected employee, not to exceed $100,000 in total. The DMV will work on regulations to govern how the requirements for the permanent program will be implemented. Under existing law, when the California Secretary of State certifies the person as a program participant, the persons actual address is confidential. This bill amends Section 16759 of the Business and Professions Code. AB 2777, which is also known as the Sexual Abuse and Cover Up Accountability Act, provides that actions commenced on or after January 1, 2019 and based on conduct that occurred on or after January 1, 2009, will not be time-barred, even if the 10-year statute of limitations has expired, provided that such claims are commenced by December 31, 2026. Here is the Bureau of Automotive Repairs (BAR) official explanation of the ruling: Beginning July 19, 2021, vehicles (note, this means ALL vehicles, not just cars and trucks) with software not provided by the original equipment manufacturer (OEM) or approved through a California Air Resource Board (CARB) Executive Order (EO) will fail the smog test. SB 1138 requires the Employment Development Department (EDD) to conduct a feasibility study that examines the idea of extending unemployment insurance benefits to self-employed individuals. SB 1126 expands the definition of eligible employer to include any such person or entity that has at least one eligible employee and that satisfies the requirements to establish or participate in a payroll deposit retirement savings arrangement. The Department of Motor Vehicles (DMV) website uses Google Translate to provide automatic translation of its web pages. Engine replacements are not required to be inspected at the BAR Referee. Shapiro Fellow in Environmental Law and Policy, University of California, Los Angeles . Some of those do not go into effect for years, but we took a look at. Dealers and manufacturers that sell new passenger vehicles equipped with a partial driving automation feature or provide any software update or vehicle upgrade that adds such a feature are required to give a clear description of its functions and limitations. This temporary online option has helped Californians avoid DMV field offices during the COVID-19 pandemic. By its terms, this bill is repealed as of January 1, 2028. Monthly and annual report data includes, but is not limited to, testing and certification volume, initial test failures, average inspection and repair costs, and station and equipment information. or is initially registered in California. Faegre Drinker Biddle & Reath LLP. These laws aim to reduce the increasing theft of catalytic converters and help keep Californians and their cars safer. Cal/OSHA must also consider revising the wildfire smoke standard with regard to farmworkers. Powered by natural gas and weighs more than 14,000 pounds. for motor vehicles built between 2022 and 2025 . A law that takes effect on Jan. 1 gives California cities more local control over how speed limits are set instead of using an old rule that essentially caused speed limits to go up every few years. Existing law provides that a licensed contractors willful or deliberate disregard of various state building, labor and safety laws constitutes a cause of disciplinary action by the Contractors State License Board (CSLB). Some counties are solely in one program area while other counties may have portions in two or 15553 Los Gatos Blvd. California Smog Check Cracking Down On Third Party Software Modifications. This fee might not include the $8.25 cost towards your smog certificate. The laws listed below take effect on January 1, 2023, unless otherwise noted. Gavin Newsom signed many laws impacting California employers. If the employer does not have an existing bereavement leave policy, the bereavement leave may be unpaid; but the employee may use vacation, personal leave, accrued and available sick leave or compensatory time off that is otherwise available to the employee. Diesel-powered vehicles that: Are model year 1997 and older. In October 2020, Governor Gavin Newsom temporarily waived the California law requiring senior drivers to renew their licenses at a DMV field office and signed AB 174 in September 2021 to allow online or by mail renewals through the end of 2022. Family member means a spouse or a child, parent, sibling, grandparent, grandchild, domestic partner or parent-in-law (the same definition of family member under CFRA). An animal welfare law passed by voters in 2018 takes effect this year. Conditions of disaster or extreme peril to the safety of persons or property at the workplace or worksite caused by natural forces or a criminal act. Although the new order is all-encompassing and doesnt target one particular vehicle, its very hard to think modified diesel trucks are not near the top of the hit list or main target. Digital Notices and Remote Renewals for Some Transactions (SB 1193, Newman). If it takes you some time to get used to it, dont stress fines wont start being issued until 2024. Senate Bill 389 extends pandemic-era rules allowing the sale of takeout alcoholic drinks through 2026. This training must cover information included in the posting discussed above and additional information such as the contact information of a Title IX coordinator or a similar position and specified statistics on the prevalence of sexual harassment and sexual violence in the educational setting, and the differing rates at which students experience sexual harassment and sexual assault in the educational setting based on their race, sexual orientation, disability, gender and gender identity. Finally, in the event a current or former employee brings an action that could be brought pursuant to the Labor Code Private Attorneys General Act (PAGA) for violations of these prohibitions, the bill gives employers the right to cure alleged violations as set forth in Section 2699.3. Having the VIN of the donor vehicle provided at the initial Referee appointment . Call (800) 622-7733 to schedule an . An employer may be required to pay premium pay for failing to comply with the statutory meal or rest period requirements. Existing law requires that public postsecondary governing bodies in California adopt and implement written procedures or protocols to ensure that students, faculty, and staff who are victims of sexual assault committed at specified locations receive treatment and certain information. California in 2020 passed a rule limiting truck emissions to no more than 0.05 gram of nitrogen oxide pollution per brake-horsepower hour by 2024 and to 0.02 gram by 2027. This bill adds Section 3551.5 to the Government Code. Under existing law, the statute of limitations to commence a civil action for sexual assault is 10 years from the last act, attempted act or assault with the intent to commit an act of sexual assault; or within three years from the date a plaintiff discovers or reasonably should have discovered that an injury or illness resulted from those acts. Businesses with 26 or more employees will be required to pay a $15 minimum wage starting in 2022. Assembly Bill 37 makes that change permanent and expands it to include local elections. The law exempts rural school districts. This bill amends Sections 3212.86, 3212.87, and 3212.88 of the Labor Code. We are currently looking for experienced automotive journalists and editors to join our team. Existing law includes in the definition of public works under certain circumstances the hauling of refuse from a public works site to an outside disposal location. Theres only a few more days individuals 70 and older to take advantage of the temporary rule allowing them to renew their drivers licenses or identification cards online or by mail even if their renewal notice states a visit to a DMV field office is required. The smog check will now test the software and revision level.if it doesnt match, you fail. Sacramento The California Department of Motor Vehicles (DMV) wants Californians to be aware of several new laws taking effect in the new year. This translation application tool is provided for purposes of information and convenience only. Ghost guns are guns that are purchased in parts and assembled at home, making them hard to track. Advocates say it could help with the states housing crisis by making it easier to add more units of housing. Should the subpoena recipient object to the subpoena, the subpoena recipient must serve objections and meet and confer with the subpoena issuer to attempt to resolve the objections. Existing law specifies that the maximum amount of a judgment debtor's disposable earnings for any workweek that is subject to levy shall not exceed the lesser of. The bill requires GO-Biz to provide grants to qualified small businesses or nonprofits, as defined. Ban on Sideshows at Parking Facilities (AB 2000, Gabriel). An "engine change" is the installation of an engine that is different from the one which was originally installed in the vehicle and does not qualify as a "replacement engine.". Covered businesses or establishments can be liable for a civil penalty of $500 for a first offense, and $1,000 for each subsequent offense for their failure to comply. The list below is in numerical order by AB or SB. AB 152 extends through December 31, 2022, COVID-19 Supplemental Paid Sick Leave (SPSL), which would have otherwise expired on September 30, 2022, under SB 114 signed earlier by Gov. Notable Changes in 2023 This bill contains several other provisions, including: authorizing a county, or city with a population greater than 200,000 to establish a Local Fast Food Council, that could provide recommendations to the statewide Fast Food Council; and prohibiting the discharge or discrimination or retaliation against a fast-food employees for specified reasons and creates a cause of action and right to reinstatement for employees, as well as a presumption of unlawful discrimination and retaliation in certain circumstances.