With the legislative session wrapping up, Gov. Gavin Newsom approved an array of new workplace bills, and unlike many signed in the past two years of the pandemic, these present new mandates for employers and new avenues for liability.
“The bills he signed this year were very significant and could have significant impact on California as well as spread to other states,” Benjamin Ebbink, a partner with Fisher Phillips, LLP, told the Northern California Record by email. “After a few ‘down’ years due to COVID, the California Legislature returned to normal and continued to push the envelope when it comes to labor and employment legislation. Two bills in particular – AB 257 (Fast Food Council) and AB 2183 (Card Check Under the ALRA) – were very significant pieces of legislation watched by many across the nation.”
Ebbink noted that the laws signed this year continue the trend of imposing new requirements and mandates on employers, many of whom are still struggling from the economic impact of the pandemic.
And record inflation.
“These bills generally place all of the costs and responsibilities on employers, while at the same time continuing to subject them to potential costly litigation if they make any mistakes along the way,” Ebbink said, adding it’s not really the number of employment bills signed – but how far-reaching they are.
“Very few bills were vetoed, and those that were signed deal with very significant issues such as expanded leave policies, cannabis use, and other issues,” Ebbink said.
There were some tax measures and grant funding provided to assist some employers, Ebbink said.
“But I think those pale in comparison to the cumulative impact and cost of the new mandates imposed on employers," he said.
With most of the legislation taking effect early next year, it’s important for businesses to monitor any changes they’ll need to adopt, he added.
“But I always tell employers who do not operate in California that they need to pay attention to these developments as well,” Ebbink said. “What happens in California does not stay in California. If you want to see what employment laws are coming to your state (especially labor-friendly states) in two or three years, you can look to what California is doing today.”