Friday, October 27, 2023

Senate Candidate Adam Schiff Locks Lips with Unions – Plans a Bill, Sure to Fail, to Allow Striking Workers To Collect Unemployment Pay Following the veto of SB 799 by Congressional aspirants Senator Anthony Portantino and Assembly Member Laura Friedman (who are both running to replace Schiff in Congress) Congressman Schiff, apparently wanting to solidify his support from unions, announced planned legislation that would provide unemployment benefits nationwide to workers on strike. Most states don’t allow striking workers to collect unemployment except New York and New Jersey. Eligibility requirements and the amount of weekly unemployment pay also vary by state. Under the Empowering Striking Workers Act of 2023, workers could collect unemployment pay after two weeks on strike, according to a draft of the bill viewed by the LATimes. Workers would also be eligible for unemployment benefits starting when a lockout begins, when the employer hires permanent replacement workers, or if the worker becomes unemployed after a strike or lock-out ends, whichever is earlier. U.S. Reps. Donald Norcross of New Jersey and Alexandria Ocasio-Cortez of New York also sponsored the bill. According to Schiff's office, not surprisingly, labor unions support the legislation. But with Republicans controlling the House of Representatives, the odds that the bill will pass are slim. Businesses have vehemently opposed the idea because they said it would increase employer taxes. Employers pay state and federal payroll taxes to fund the unemployment insurance program. That didn’t stop Schiff, who is locked in a tight race with two other candidates in the March election for Senate. Story
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An Endorsement for you and you… Per Politico, “Democrats in two target congressional districts have all but sewn up their party endorsements ahead of the California Democratic Convention next month. Sen. Dave Min and former Assemblymember Rudy Salas announced this week that they had earned enough support from delegates to land them on the endorsement consent calendar. California Democrats will make their official picks during their endorsing convention Nov. 17-19 in downtown Sacramento. Both candidates face primary challengers ahead of what are expected to be tough matchups with Republicans. Min wants to replace Rep. Katie Porter in her Orange County district but must first beat Joanna Weiss, who has earned support from some statewide and regional Democrats. Salas is looking for a rematch with Republican Rep. David Valadao and faces a challenge from state Sen. Melissa Hurtado.
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California Teachers Want Your Taxes The California Teachers Association is opposing a business-backed tax initiative while endorsing a dueling measure, the teachers union announced recently. Several other labor unions are also fighting the “Taxpayer Protection and Government Accountability Act,” a 2024 ballot measure from the California Business Roundtable that would raise the voter threshold needed to pass state and local taxes. The CTA also backs Assembly Constitutional Amendment 13, an initiative Democratic leaders wrote in response to the business initiative. It would require that measures to raise voter thresholds net that same level of support to pass — effectively raising the bar for the business group’s initiative from a simple majority to a two-thirds vote. Cities and unions are contesting the business coalition’s move because raising revenue and funding public services like education will make it more difficult. CTA’s endorsements signal the possibility the union will throw its financial weight into the escalating tax dispute. The CTA routinely spends millions to defeat initiatives that would limit the amount of revenue guaranteed to schools.
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Outdoor Pools The California Energy Commission announced that it is setting new standards for swimming pools, which use and “waste a lot of energy,” said commissioner Andrew McAllister in a video. Starting in September 2025, owners must have equipment like internet-connected smart pool pumps that can adjust their operations during non-peak energy hours. Politico says the pumps “cost about $70 more than regular ones, but users are expected to save $100 a month by buying power during the day when it’s cheaper.” If every pool owner in California switches to a controller that offers flexible energy use, the commission estimates that the load shift would be “the equivalent to removing 85,000 gasoline-powered cars off the road,” and consumer savings would add up to about $1,131 over the lifetime of the pool controller.

Pool pumps are the first household appliance the state will regulate under Senate Bill 49, a 2019 Sen. Nancy Skinner (D-Berkeley) law that authorized the California Energy Commission to set standards to ease demand during peak energy usage periods. It's the first in a series of appliance requirements to bring the state’s transition to carbon-free energy directly into people’s homes.
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NLRB Data: Union Won 91% of Certification Elections in September, 76% in FY 2023 Unions won a staggering 91 percent of National Labor Relations Board (NLRB)-conducted certification elections in September, according to recently released data, giving unions a 76 percent overall certification election win rate in the NLRB’s fiscal year 2023, which ended in September. The September win rate of 91 percent tops the previous 2023 high of 88 percent in February. Story
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New California Law Makes Non-Compete Agreements Unlawful, Not Just Void Governor Newsom signed Assembly Bill 1076 on October 13, 2023, which adds new Business & Professions Code §16600.1, making it unlawful to impose non-compete clauses on employees – which contractual restrictions already are void under Business & Professions Code §16600. AB 1076 codifies existing case law in Edwards v. Arthur Andersen LLP (2008) 44 Cal.4th 937, regarding the prohibition on noncompete agreements being broadly construed to void such agreements and clauses in the employment context when they do not meet specific exemptions. Story
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As Rooftop Solar Debate Flares, Builders, Landlords, and Renter Advocates Are Taking Sides California isn’t short on lofty goals: Lawmakers have vowed to zero out the state’s carbon emissions by 2045, build 2.5 million new homes by the end of the decade and swap gas-burning appliances with electric ones in 7 million homes over the next 12 years. California’s chief utility regulator is considering a new rooftop solar policy that a chorus of critics say will make it harder for the state to meet any of those ambitious targets. Story
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How to Prepare for California’s New Workplace Violence Prevention Law On September 30, 2023, Governor Newsom signed SB-553 into law. SB-553 is the nation’s first workplace violence prevention law. The law adds a new section 6401.9, to the California Labor Code, which Cal/OSHA will implement. The new law requires that employers have an effective plan to prevent workplace violence by July 1, 2024. The plan may be incorporated into an existing Injury, Illness, and Prevention Plan and does not apply to workers teleworking from a location of the employee’s choice or employers already regulated by existing standards for the healthcare industry. Story