On September 22, Governor Brown signed SB 1402, a bill that establishes joint and several liability for customers who contract with or use port drayage motor carriers who have unpaid wage, tax and workers’ compensation liability. SB 1402 is effective January 1, 2019.
On September 20, Governor Brown signed AB 2605, which provides that petroleum facility employees in safety-sensitive positions and are covered by a valid collective bargaining agreement are exempt from the requirement that employees be relieved of all duty during rest periods. The bill contained an urgency clause, which means it went into effect immediately upon signing.
On September 19, Governor Brown signed AB 2334 (Thurmond) to make various workplace safety and health changes to California law, largely in response to recent activity by the Trump Administration. Among other things, AB 2334 requires Cal/OSHA to monitor federal electronic recordkeeping requirements and, depending on federal action, to convene an advisory committee to evaluate how to move forward with a state-law version of the proposed recordkeeping requirements. In addition, AB 2334 resurrects the so-called “Volks Rule,” which provides for a longer statute of limitations for record retention violations. AB 2334 goes into effect on January 1, 2019.
In perhaps the ultimate case of, “do as I say, not as I do,” Governor Brown recently signed legislation to provide PAGA relief to one narrow segment of California employers – unionized construction contractors.
It’s been a long legislative year. But now all of the flurry of activity is behind us and hundreds of bills now wait on Governor Jerry Brown’s desk for either a signature or a veto.