Thursday, August 28, 2025
Revised Guidance for National Electric Vehicle Infrastructure Program Released by DOT
Transportation Secretary Sean Duffy, on August 11th, unveiled updated guidance aimed at increasing the flexibility and efficiency of the National Electric Vehicle Infrastructure (NEVI) Formula Program. Created by the Infrastructure Investment and Jobs Act (IIJA), the NEVI program allocates $5 billion over five years to states for the deployment of electric vehicle (EV) charging infrastructure. The revised guidance removes a requirement that charging stations be placed every 50 miles along major highways, a provision some states with sparse populations had objected to. If a state determines (and the Federal Highway Administration (FHWA) certifies) that its Alternative Fuel Corridors for EVs are “fully built out,” the state may use NEVI funds for charging infrastructure on any public road.
The updated guidance was issued approximately six months after the Department of Transportation (DOT) rescinded the initial NEVI guidance, allowing the agency to review and revise it. The rescinded rules included language directing states to develop their EV infrastructure deployment plans through engagement with rural and disadvantaged communities, as well as guidance on how the plans address evacuation needs and resilience strategies.
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Legislators Hold Cal/OSHA’s Feet to the Fire
Two things became clear during yesterday’s joint legislative hearing in the wake of a state audit questioning Cal/OSHA’s performance: lawmakers don’t see the agency’s problems as purely a function of personnel shortages, but also as one of leadership. They fully intend to keep it in their crosshairs.
The hearing of the Joint Legislative Audit, Senate Labor, Public Employment and Retirement, and Assembly Labor and Employment (L&E) committees followed up on the July report by State Auditor Grant Parks. L&E Chair Liz Ortega (D-Hayward) called for the audit after hearing workplace safety complaints from farmworkers.
“The audit has made it very clear what I have known for some time, and that is that Cal/OSHA is not working,” she says. “The scale of Cal/OSHA’s tasks, the lives lost, and the duration of the problem calls for an approach beyond just staffing. What we really need to focus on is structural change.”
Added Senator Lola Smallwood-Cuevas (D-Los Angeles), “The results of this audit were stunning.” Story
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Watch Your Legislators
Sign up for beta access to My Legislator, your weekly report on what your state legislators said, voted on, introduced, and more. The beta version will run weekly until the regular legislative session adjourns on September 18, and they’d love your feedback on what works, what doesn’t, and what you would like to see.
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California State Minimum Wage for 2026 Announced
California’s Department of Finance recently announced the minimum wage increase for 2026. The minimum wage in California will increase from $16.50 per hour to $16.90 per hour on January 1, 2026. This increase applies to all employers, regardless of size. This increase is based on the state’s annual cost-of-living adjustment tied to the U.S. Consumer Price Index for Urban Wage Earners and Clerical Workers (CPI-W), subject to a cap of 3.5% or the actual CPI-W increase, whichever is lower, as provided under Labor Code §1182.12(c).
Additionally, the minimum salary for full-time exempt employees will increase from $68,640 to $70,304 per year on January 1, 2026, in accordance with California’s requirement that exempt employees must earn at least twice the state minimum wage for full-time work (40 hours per week, 52 weeks per year). More
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Schwarzenegger’s Hall of Fame Induction Delayed by Newsom?
Former Republican Governor Arnold Schwarzenegger’s name was conspicuously absent from the list Governor Gavin Newsom read off during a reception previewing the incoming class, according to an attendee, who was granted anonymity to discuss the sensitive situation. This seeming omission raised questions about whether Schwarzenegger’s vocal opposition to Newsom’s gerrymandering push was a factor in the delay, according to Politico.
Newsom spokesperson Bob Salladay declined to confirm who is on the list but said a planned unveiling of the full class has been delayed, likely until November, which would almost certainly mean after a Nov. 4 special election on a new House map drawn to exclude Republicans.
“Nobody’s being snubbed,” Salladay said. “The list remains the same, and we’re going to have a public announcement in a few months.”
But the development stunned people in Schwarzenegger’s orbit, some of whom had been invited to the event with the understanding that the former governor was going to be announced as an inductee.
His spokesperson, Daniel Ketchell, said Schwarzenegger had been notified of his planned induction but was not participating in the lead-up, including the Monday evening event. Ketchell mentioned he did not know why the former governor’s name was not announced but emphasized that politics never influenced their Hall of Fame decisions, noting that Schwarzenegger, who created the Hall of Fame when he was in office, enshrined liberal icon Jane Fonda.
As governor, Schwarzenegger championed efforts to strip line-drawing power from the Legislature and give it to an independent commission, work that will be effectively overridden if voters pass Newsom’s ballot measure.
While Newsom and his allies have portrayed the plan as a necessary response to Texas Republicans redrawing their map at President Donald Trump’s request, Schwarzenegger has promised to “terminate” the ballot initiative. He could be a powerful messenger given his widespread name recognition and credibility with many California voters as an anti-Trump voice. He also has the wealth to significantly support the opposition campaign.
Schwarzenegger has shared few details so far about how he plans to get involved in what is shaping up to be an enormously costly campaign. But he offered a glimpse this week: He announced he’s selling a “f*** the politicians, terminate gerrymandering” T-shirt and donating the proceeds to the League of Women Voters, an opponent of partisan redistricting.
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Republicans’ Plan to Split California Revealed
The latest Republican-led effort to allow rural parts of California to split off and form their own state highlights a new reality in California politics. While previous plans to divide the state focused on letting the rural north separate, sometimes in combination with parts of southern Oregon or Idaho, Assemblyman Gallagher’s plan would divide the state between east and west. This reflects how influential the Inland Empire region, around Riverside and San Bernardino, has become in shaping California’s Republican priorities. Story
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Arizona Can't Afford L.A.-Style Dysfunction
By Danny Seiden, the president and CEO of the Arizona Chamber of Commerce & Industry
A recent headline in Politico asks, “Is anyone in charge of Los Angeles?” It’s a good question. The article charts the march of labor union Unite Here Local 11 through the city’s policymaking apparatus and the bruising fights the union has picked with the city’s job creators, especially those in the hospitality industry.
Meanwhile, some members of the city council express occasional concern about the damage that’s been done to the city’s reputation and whether it will be able to host a Super Bowl, World Cup, and Summer Olympic Games in successive years, but not enough, apparently, to do anything to broker a lasting truce between the union and the private businesses that are now looking for more welcoming environments.
Instead of disputes being settled at the negotiating table with the help of elected officials, the voting booth is increasingly where Big Labor and job creators square off.
We’re fortunate that in Arizona we don’t have city governments that are as openly hostile to job creation and a competitive business environment as L.A.
Not yet, anyway. We can’t get too comfortable.
That’s because Unite Here Local 11’s territory not only includes Southern California, but Arizona, too. The union is growing its presence here, organizing job-killing ballot measures, targeting specific businesses, throwing up roadblocks to development, and backing candidates for city council positions.
In Glendale, the union was the driving force behind Proposition 499 in 2024, a measure that would have burdened the city’s hospitality sector and taxpayers with costly new mandates. A year later, the union was back at it again, organizing Propositions 401 and 402, which attempted to block the development of a critical phase of what is slated to be the state’s largest resort, employing more than 2,000 Arizonans. In each case, the business community rallied to stop the union.
The pattern has been clear: if you’re a business that dares to succeed, you’re a target. Take Scottsdale, where Unite Here operatives helped circulate the petitions aimed at freezing the new Axon corporate headquarters development, an investment promising thousands of high-paying jobs. Stopping job creators in their tracks seems to be part of the union’s playbook. Like it did in Glendale, the business community came together to stand up for Scottsdale jobs. So did a bipartisan coalition of state lawmakers and Gov. Katie Hobbs.
The union isn’t content to restrict its influence to ballot measures and development fights. Unite Here is increasingly active in Arizona municipal politics, lining up behind city council candidates in Tucson, Phoenix, and Glendale who share their agenda. Their candidates may speak in platitudes about fairness and equity, but what they really offer is a city government more hostile to employers, less friendly to entrepreneurs, and far more willing to use public policy as a cudgel against job creation.
We’re also seeing a similar playbook from other California-based unions. The Service Employees International Union just announced a ballot initiative to cap the salaries of Arizona hospital executives, regardless of the size or complexity of the health system they lead, never mind that the proposal tramples any semblance of the right to contract.
Supporters may say the measure is about fairness, but it would just make it harder to recruit and retain the kind of medical leadership our state needs to ensure access to lifesaving care. It’s obvious that this isn’t about strengthening health care in Arizona; it’s about importing California’s labor fights to our ballot.
Arizona can’t afford to import Los Angeles-style dysfunction. We’ve built a reputation as a state where job creators are welcomed, where investment is encouraged, and where opportunity is still available for those willing to work hard and take risks. That reputation is one of our greatest competitive advantages, but it won’t endure if we ignore the encroachment of those who would rather grind our economy to a halt in service of their narrow political agenda.
Arizona’s job creators are resilient, but they need policymakers at all levels of government to stand firm and defend our pro-jobs environment, and call out efforts, no matter how cleverly disguised, that would weaken it.
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California Supreme Court Issues Decision on Good-Faith Defense for Minimum Wage Violations and Enforcement of Paid Leave Obligations under HWHFA
In Iloff v. LaPaille, the California Supreme Court addressed when “liquidated” or double damages may be avoided by an employer for minimum wage violations and how employees can pursue paid leave claims under California’s Healthy Workplaces, Healthy Families Act (HWHFA), the statewide paid sick and safe time law. Story
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Off-the-Clock Cannabis Use in California: What Employers Need to Know Before Testing Employees
Since January 1, 2024, California law has protected employees and job applicants from discrimination based on their off-duty cannabis use. Employers can still enforce drug-free workplace policies, but AB 2188 added Government Code section 12954 to limit how and when cannabis testing can be used and what kind of tests are permissible. More
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Bechtel Teams on Construction Suicide-Mental Health Initiative
- Construction giant Bechtel and the American Foundation for Suicide Prevention (AFSP) have launched “Hard Hat Courage,” an initiative to address the industry’s high suicide rate and prioritize mental health alongside physical safety.
- The initiative aims to provide construction firms of all sizes with mental health and suicide prevention resources and education, focused on the building industry.
- AFSP has developed “toolbox talks” that contractors can bring to the jobsite, offering guidelines for conversations to challenge the stigma surrounding suicide and mental health.
READ MORE
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California Civil Rights Department (CRD) Ramps Up Enforcement of the California Fair Chance Act (CFCA)
Evaluating candidates with known criminal records in compliance with the California Fair Chance Act (CFCA) poses a challenge for covered employers because the CFCA limits the discretion employers have to rely on such records when making hiring decisions. To make matters worse, the state agency that oversees and enforces the CFCA, the California Civil Rights Department (CRD), has been requiring strict compliance with the CFCA’s requirements. The CRD also interprets the CFCA’s requirements liberally in favor of applicants and, arguably, beyond what the statute requires. With the increasing number of administrative charges and lawsuits alleging CFCA violations, employers can proactively fortify their CFCA compliance. Read More
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