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WECA Political Update September 15, 2022

Thursday, September 15, 2022

California Legislative Session Ends Without Extending CCPA Employee-Data Exemptions: Next Steps for Businesses On August 31, 2022, the California legislature adjourned without extending the temporary exemptions under the California Consumer Privacy Act (CCPA) for workforce and business-to-business data. As a result, companies must take steps to comply with the CCPA regarding such data by January 1, 2023, when the California Privacy Rights Act (CPRA) amendments take effect. Story

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San Diego City Attorney Tells Council President She ‘Won’t Be Silenced’ City Attorney Mara Elliott accused Council President Sean Elo-Rivera of trying to silence her Monday and said the expectations he and other council members expressed for her office had never been applied to her predecessors, who were all men. Story

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CA Legislature Expands Pay Transparency and Data Reporting Requirements; Extends COVID Supplemental Paid Sick Leave California employers should take note of two significant bills recently passed by the state Legislature awaiting likely approval by Governor Newsom. The first, Senate Bill 1162 (SB 1162), would further expand California's already progressive requirements for employers regarding pay transparency and data reporting. The second, Assembly Bill 152 (AB 152), is expected to extend the state's current Covid-19 Supplemental Paid Sick Leave expiration date from September 30 to December 31, 2022. Story

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California Court of Appeal Upholds Construction Industry CBA Exemption from PAGA The California Court of Appeal for the Second Appellate District upheld the construction industry collective bargaining agreement exemption to the Private Attorneys General Act (PAGA) in Oswald v. Murray Plumbing and Heating Corporation. Story and Story

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PROAct Pressure A coalition of unions, green groups, and other progressive organizations pushing to pass the Protecting the Right to Organize Act will launch a new campaign focused on Senate battleground states ahead of the midterm elections this week. They hope to put lawmakers on the record as having voted for or against the bill by forcing it to the Senate floor for a vote. That way, union members — and those who back them — will know “who the real pro-worker members of the U.S. Senate are” as they cast their ballots, IUPAT President Jimmy Williams Jr. told Politico. But this week’s campaign will act as a reignition of grassroots efforts in key states — Arizona, Colorado, Georgia, New Hampshire, Nevada, Virginia, Ohio, Wisconsin, and Florida — to pressure Senate Democrats to get behind the bill and lambast Senate Republicans who oppose it after a recent poll found that 71 percent of Americans approve of unions. Organizers plan to hold protests, visit offices, coordinate call campaigns, host town halls, and more.

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War Chest Waiting: Governor Gavin Newsom had $5.6 million in his ballot initiative account at the end of June (some of which is left over from the tens of millions he raised to beat the 2021 recall). Will he spend some of that on 2022 ballot initiatives? (No on San Diego’s Measure D, perhaps?) One interesting nugget from Politico: The California State Association of Electrical Workers has sent six-figure contributions to Newsom’s ballot committee and the Yes on 30 campaigns. The yes campaign also got $1 million from the International Brotherhood of Electrical Workers. Prop 30 is the new tax measure to subsidize the purchase of electric vehicles by Lyft drivers to help Lyft comply with State mandates to deploy ZGHG vehicles. CALMatters described it like this, “The opponents of Proposition 30, a proposal to tax millionaires to fund electric car incentives and infrastructure, want California voters to keep one thing in mind when they decide how to vote on the measure: Gavin Newsom’s face. So a new “No on 30” ad features the governor — and only the governor — speaking out against the proposal in no uncertain terms.”

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It Turns Out Kamala Harris is Less Popular Than Mike Pence The Washington Examiner examined (sorry) lobbying records and found that VP Kamala Harris’ office isn’t a top-rated destination in the influence industry. “About half as many companies and outside groups have hired lobbyists to influence Harris’s office during her first two years compared with her predecessor, Mike Pence. Among those lobbying Harris and her aides were representatives of drug companies, technology firms, and energy businesses, according to the records.”

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NLRB Reverses Precedent on Employer Dress Codes and Joint Employer Standard Consistent with its pro-union agenda, the National Labor Relations Board recently reversed the precedent established under the prior administration concerning employer dress codes and the joint employer standard. Specifically, on August 29, 2022, the Board held that an employer’s dress code policies preventing employees from wearing pro-union apparel were unlawful. Furthering its agenda, on September 6, 2022, the Board released a new proposed joint employer standard, which would roll back the standard established under the prior administration, making it much easier for companies to be deemed joint employers. Story

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Arizona Minimum Wage Set to Increase Again In 2023 For the sixth year in a row, Arizona’s minimum wage will go up at the beginning of 2023. Following the release of the latest Consumer Price Index report from the U.S. Bureau of Labor Statistics, employers in Arizona will have to pay workers at least $13.90 an hour starting Jan. 1, 2023. Currently, the minimum wage is $12.80 an hour. Story

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Can Solar Investment Help Farmers Survive the Central Valley Water Crises? Agricultural businesses are under growing economic pressure as drought conditions worsen and inflation continues to climb. Rising energy costs have been a particularly damaging repercussion of the drought, with farmers spending more on electricity to keep wells and irrigation systems pumping water to their crops. Story

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Phoenix Inflation at Record 13% Shows Divergence Among Cities Inflation soared to 13% in Phoenix last month, a record for any US city in data going back 20 years and more than twice as high as San Francisco. Other cities across the South and Southwest saw double-digit increases in consumer prices, with the Atlanta metropolitan area posting annual inflation of 11.7% and Miami reaching 10.7%, according to Bureau of Labor Statistics data. Overall inflation was resurgent in August, dashing hopes of a nascent slowdown even as gasoline prices declined. But the national average of 8.3% masks growing disparities among cities, making the Federal Reserve’s fight against inflation more complicated. Story

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CSLB Reminds Contractors of Requirements for Mechanical Systems Acceptance Tests The Contractors State License Board (CSLB) issued an Industry Bulletin for contractors performing mechanical systems acceptance tests. Any person performing these tests in a nonresidential building must be certified as an acceptance test technician (ATT) by an acceptance test technician certification provider (ATTCP). The mechanical systems ATT requirement is part of the Building Energy Efficiency Standards (Energy Code) Section 10-103.2. If you are performing acceptance tests, or plan to in the future, be sure to look at this bulletin.

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Changes to Mercury Thermostat Collection Act of 2021 Since the inception of the 2008 Act, regulators have become increasingly concerned the collection of thermostats has been lackluster. Furthermore, they believe outreach by the thermostat industry has failed to properly inform appropriate entities that collection is available, and many consumers and retailers alike are unaware of the program. In addition, there has never been any dedicated funding for DTSC’s oversight and enforcement of the 2008 Act, which has led to lax oversight of the thermostat industry’s performance. So, Assemblymember Bill Quirk carried AB 707 in 2021, which made several changes to the 2008 Act. Stakeholders discovered several technical issues that needed to be addressed. AB 732 makes changes, collectively requested by stakeholders, to the Act to address these technical issues. Significantly, AB 732 requires each manufacturer, or group of manufacturers, to provide collection bins for out-of-service mercury-added thermostats to a thermostat wholesaler in the state by eliminating the requirement that the wholesaler request a collection bin. AB 732 is waiting for action by Governor Newsom, who has until September 30 to sign or veto bills sent to him last month.



It’s that Time CFEC will hold their annual Sacramento soiree on October 18 from 4:30 – 6:00 at the Elks Tower. 

And on September 22nd, at Bergelectric's office in Tustin, they will be holding an event to raise funds to help fight PLAs and union CEQA extortion.

RSVP for either event to Eric Christen at (858)431-6337 or ericdchristen@gmail.com.

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Taking a break… I’m traveling for the next three weeks – so this is the last edition until I return on October 13. So be well, dear readers.

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And finally, Bedbugs Have Returned to The Office with Our Employees. What Should You Do? I know WECA members have been working both in the field and in the office for the duration of COVID-19, but I had to chuckle when I saw this article and wanted to share this article about the “tiny vampires” who “feed on human and animal blood.” Story