New California Laws Include Some Focused on Specific Industries and Issues

Author: Robert S. Teachout, XpertHR Legal Editor

October 19, 2018

The end of the California legislative year was marked by a flurry of last-minute bill signings by the governor affecting employers. Many of these bills enact new laws or amendments that address major employment law issues, such as several amendments to the state Fair Employment and Housing Act (FEHA) to combat harassment and the new law limiting the use of confidentiality provisions in settlement agreements.

But included in the plethora of signed bills are several with a narrower focus or that are targeted at specific industries that might have been overlooked. These laws affect industries such as construction, transit and petroleum on topics ranging from human trafficking training to health care benefit coverage.

Collective Bargaining

A new law excepts construction industry employees from filing lawsuits under the Private Attorneys General Act (PAGA) with respect to work performed under a valid collective bargaining agreement.

To be considered valid, a CBA must be in effect before January 1, 2025 and contain provisions governing wages, overtime, work hours and working conditions. It also must include a grievance and binding arbitration procedure that authorizes the arbitrator to redress violations by awarding remedies available under the PAGA.

Human Trafficking Training Requirement

Certain transit employers that operate an intercity passenger rail, light rail, or bus station will be required by a recent amendment to provide training to new and existing employees who may interact with, or come into contact with, a victim of human trafficking.

The requirement also extends to employees who, in the course of their employment, are likely to receive a report from another employee about suspected human trafficking.

Cal OSHA Course

In the developing medical and adult-use cannabis industry, an amendment requires licensees to certified that they employ, or will employ within one year of receiving or renewing a license, at least one supervisor and one employee who have successfully completed a Cal-OSHA 30-hour general industry course.

Health Care Benefits

A change in the state Health and Safety Code deletes sole proprietors, partners of a partnership and the spouses of sole proprietors and partners from the definition of "eligible employee" for purposes of various health care benefits coverage under the ACA and California insurance law.

Safety-Sensitive Jobs in Petroleum Industry

Another amendment exempts specified employees who hold a safety-sensitive position at a petroleum facility from the rest and recovery period requirements of Industrial Welfare Commission Order No. 1-2001.