New Laws for 2016 Presented by Louie Brown

New Laws for 2016 Presented by: Louie Brown Hosted by: CGA Educational Foundation

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CGA Educational Foundation Honoring Rob Mc. Dougall & Donna Tyndall, Gelson’s Markets & Bruce Wyatt, Flowers Baking Co. CGAEF Golf Classics July 11, 2016 – Newport Beach Country Club (New Location) July 19, 2016 – Blackhawk Golf Club | Danville, CA Visit www. cgaef. org for more information

Upcoming Webinars: Wed, Jan 13, 2016 at 10 am Transactions Involving Grocery Stores: The Effect of the New California Worker Retention *Register online at CGAEF. org*

New LAWS • • • AB 583 – National Guard AB 622 – E-Verify AB 1073 – Prescription drug labels AB 1506 – PAGA relief SB 358 – Gender Pay Differential SB 579 – Employees: Time off

AB 583 (Chavez) Military Service: Benefits EFFECTIVE: JANUARY 1, 2016

• Existing law: • Provides protections to members of the California National Guard during their period of military service with respect to their private employment rights upon return from service. • AB 583 extends these protections to members of the National Guard of other states called to military service by their respective Governor or active federal service by the President.

• Current law requires – Up to 17 days of temporary leave of absence without pay for military training, drills, encampment, naval cruises, special exercises, or like activity. – Military members called to active duty – employers are required to: • • • Consider employee to be on leave of absence Restore employee to the former position or a position of similar seniority and pay without loss of retirement and benefits, unless the employer’s situation makes it impossible to do so. Not discharge the employee from his or her position without cause within one year after being discharged. – Employee must meet all of the following criteria: • • • Have been called to active duty Not have been employed in a part time or temporary position Have received a certificate of satisfactory active service from the National Guard Still be qualified to perform the duties of the position Apply for reemployment within 40 days after release from service.

AB 622 (Hernandez) E-Verify Effective January 1, 2016

• Existing law prohibits: – The state, or a city, county, city and county, or special district, from requiring an employer to use an electronic verification system, including E-Verify, except when required by federal law or as a condition of receiving federal funds. – An employer from engaging in unfair immigration-related practices against any person for the purpose of retaliating against the person. • AB 622: – Expands the definition of an unlawful employment practice to prohibit an employer from using the E-Verify system at a time or in a manner not required by a specified federal law or not authorized by a federal agency MOU to check the status of an existing employee or an applicant. – Requires an employer that utilized E-Verify to provide to the affected employee any notification issued by the federal government containing information specific to the employee’s E-Verify case or any tentative nonconfirmation notice.

AB 1073 (Ting) Prescription Labels Effective January 1, 2016

• Existing law: – Requires a pharmacist to dispense a prescription in a container that is correctly labeled with the directions for the use of the drug. • AB 1073: – Requires a pharmacist to use professional judgment to provide a patient with directions for use of a prescription that enhance the patient’s understanding of those directions.

• Upon request of a patient or patient’s representative, a pharmacist shall provide translated directions for use, which shall be printed on the prescription container, label, or on a supplemental document. – English language shall also appear if a label is translated. • Pharmacist is permitted to use translation made available by the Board of Pharmacy. • Pharmacist may provide his or her own translation • Pharmacist not required to provide translation beyond the language the Board makes available but is permitted to do so. • Pharmacist is responsible for the accuracy of the English language directions.

California Endowment offers translations ENGLISH Take 1 pill at bedtime CHINESE 睡前服一粒藥丸 http: //www. pharmacy. ca. gov/publications/translations_chinese. pdf

AB 1506 (Hernandez) PAGA Relief Effective Immediately

PAGA is the Private Attorney General’s Act which authorizes citizen lawsuits for violations of the Labor Code.

• AB 1506 Provides an employer with the right to cure a violation of the requirement that an employer provide its employees with the inclusive dates of the pay period and the name and address of the legal entity that is the employer before the employee can bring a civil suit.

• Limited to once in a twelve month period • Corrected information must be provided to every aggrieved employee This is a very ‘small Band-Aid’ for a very large issue.

SB 358 (Jackson) Gender Pay Differential Effective January 1, 2016

• Existing law Prohibits an employer from paying an employee at wage rates less than the rates paid to employees of the opposite sex in the same establishment for equal work that requires the equal skill, effort and responsibility and performed under similar working conditions.

• SB 358: – Eliminates the requirement that the wage differential be within the same establishment – Prohibits an employer from paying any employee at wage rates less that those paid to employees of the opposite sex for substantially similar work, when viewed as a composite of skill, effort, and responsibility. – Employer must affirmatively demonstrate that a wage differential is based upon one or more specified factors: • • Seniority system Merit system System that measures earnings by quantity or quality of productions Or a bona fide factor, other than gender – Duty to keep records increases from 2 to 3 years

• An employer is prohibited from discharging, or any manner discriminating or retaliating against, any employee by reason of any action taken by the employee to invoke or assist in any manner the enforcement of these provisions. • Employer is prohibited from prohibiting an employee from disclosing the employee’s own wages, discussing the wages of others, or inquiring about another employee’s wages. • Penalty is authorization for employee to file suit and recover wages, benefits, interest and ‘appropriate equitable relief’.

SB 579 (Jackson) Employee Time Off Effective January 1, 2016

• Existing law – Employers of 25 or more are prohibited from discharging or discriminating against an employee who is a parent, guardian or grandparent of a child in daycare, kindergarten or school, grades 1 -12, for taking off up to 40 hours each year to participate in school activities.

• SB 579 – Expands authorized activities to include finding, enrolling, or reenrolling of a child in school or day care. – Includes in definition of parent – parent, guardian, stepparent, foster parent, grandparent, and a person who stands in loco parentis to a child. – Employer is required to permit employee to use sick leave for these purposes.

REMINDER Laws from previous webinars • AB 1717 - Prepaid Mobile Telephony Services – Retailers of prepaid wireless services are required to charge and collect a surcharge beginning January 1, 2016. – Retailers must register with the BOE at SUTD-MTS@boe. ca. gov. – Surcharge rate must be separately stated on the invoice or other document issued to customers – More information at www. boe. ca. gov/industry/prepaid_mts_surcharge. html • AB 1826 – Commercial Organic Waste – Beginning April 1, 2016, a business that generates more than 8 cubic yards of organic waste per week shall take one of the following actions: • • • Source separate organic waste and subscribe to a basic level recycling service Recycle its own waste onsite or self-haul for recycling Subscribe to a recycling service that offers mixed-waste processing

• Minimum Wage Increase $10. 00 per hour on January 1, 2016

Questions?

Louie Brown Kahn, Soares & Conway, LLP 916 -448 -3826 lbrown@kscsacramento. com www. ksclawyers. com

Kahn, Soares & Conway, LLP provides the information for the California Grocers Association Educational Foundation New Laws Seminar for informational purposes only. This general information is not a substitute for legal advice, and users should consult with legal counsel for specific advice. In addition, using this information does not create an attorney-client relationship with Kahn, Soares & Conway, LLP.