SB 1477 modifies the formula for determining what portion of a judgment debtor's wages can be garnished in order to satisfy a judgment for persons, beginning September 1, 2023, such that the maximum amount of disposable earnings of a judgment debtor for any workweek that is subject to levy must not exceed the lesser of the following: This bill also reduces the multipliers used to determine the maximum amount of earnings subject to levy for any pay period other than a weekly pay period. SB 1126 expands the definition of eligible employer to include any such person or entity that has at least one eligible employee and that satisfies the requirements to establish or participate in a payroll deposit retirement savings arrangement. This bill makes a number of revisions to the Government Code, Labor Code and the Revenue and Taxation Code. This bill also exempts employees covered by a valid collective bargaining that addresses meal and rest periods. These benefits are 18 times the estimated cost of the program at $4 billion. When assessing a civil penalty, PERB shall consider the several criteria and award attorneys fees and costs to a prevailing employee organization if certain conditions are met. The bill authorizes the Labor Commissioner to enforce notice requirements concerning a mass layoff, relocation, or termination of employees, including call center employees and grants the Labor Commissioner the authority to investigate alleged violations, provide temporary relief and issue citations. Toll Exemptions for Certain Veterans (AB 2949, Lee). In enacting this bill, the California legislature specifically stated that it is the intent of the Legislature to restore the holding of O. G. Sansone Co. v. Department of Transportation (1976) 55 Cal.App.3d 434, and its subsequent interpretations, as it relates to the on hauling of materials used for paving, grading, and fill onto a public works site. Use caution when using a public computer or device. Sacramento The California Department of Motor Vehicles (DMV) wants Californians to be aware of several new laws taking effect in the new year. If meet and confer attempts fail, the subpoena recipient may petition the superior court for an order quashing or modifying the subpoena. Some counties are solely in one program area while other counties may have portions in two or Electric vehicles. The following pages provided on the DMV website cannot be translated using Google Translate: Google Translate is not support in your browser. SB 1044 prohibits an employer, in the event of an emergency condition, from taking or threatening adverse action against any employee for refusing to report to, or leaving, a workplace or worksite within the affected area because the employee has a reasonable belief that the workplace or worksite is unsafe. The law affects public schools with grades 6 through 12, community colleges, and public universities. Assembly Bill 37 makes that change permanent and expands it to include local elections. Disciplinary proceedings may result in a civil penalty not to exceed $30,000 for specified violations. air basin was a recipe for dangerous smog. Your vehicle does not need a smog inspection if your: Gasoline-powered vehicle is a 1975 year model or older (This includes motorcycles and trailers.) Preparing for a standard, commercial, or motorcycle knowledge test? This bill amends Section 12999 of the Government Code and Section 432.3 of the Labor Code. Photo by Bing Guan, Reuters In summary The exemption applies only to vehicles with license plates that are issued to a disabled veteran, Pearl Harbor survivor, prisoner of war, or to veterans who have received distinctions such as the Purple Heart or the Congressional Medal of Honor. Older heavier trucks had to be replaced starting January 1, 2015. This bill also amends section 3212.87 to include active firefighting members of a fire department at the State Department of State Hospitals, the State Department of Developmental Services, the Military Department, and the Department of Veterans Affairs and to officers of a state hospital under the jurisdiction of the State Department of State Hospitals and the State Department of Developmental Services. The final deadline to meet requirements passes Dec. 31, 2021, meaning that by the start of 2022, companies with five directors need at least two of them to be women, and companies with six or more directors need at least three of them to be women. Newsom acts prior to January 1, 2023, the CPRA eliminates employer exemptions in the CCPA applicable to employee/applicant data and expands on several areas of the CCPA, and creates several privacy-related obligations for employers, including: (1) notifying applicants, employees and contractors about the categories of personal information that is or may be collected by the employer, and describing the purpose(s) for the collection and disclosure of such information, and providing information regarding the sharing and retention of personal information, (2) employees rights to access or restrict the use or disclosure of certain categories of personal information, (3) employees rights to correct or delete personal information (subject to statutory exemptions that may apply), and (4) employees rights to request the personal information that has been collected about them during the preceding 12 months. The law affects public schools with grades 6 through 12, community colleges, and public universities. This bill amends section 1771.4 of the Labor Code. Cal/OSHA must also consider revising the wildfire smoke standard with regard to farmworkers. Excluded from the definition of eligible employer are sole proprietorships, self-employed individuals, or other business entities that do not employ any individuals other than the owners of the business. While California law requires the Smog Check Program to focus on high-polluting vehicles, the Smog Check Program also does not require older vehicles to meet the same emissions standards as newer vehicles. Under existing law, these governing bodies must annually review, and update as necessary, these procedures or protocols. Smog Check emissions . In some jurisdictions, this communication may be considered attorney advertising. 40% of the amount by which the individual's disposable earnings for that week exceed 48 times the state minimum hourly wage (or, the local minimum hourly wage, if greater than the state minimum hourly wage). This bill also provides that where a party seeks to recover damages based on a sexual assault that was covered up by an entity, the action may be commenced between January 1 and December 31, 2023, even if that claim would otherwise be time-barred. . Parking lots across the state are now included with public roads as locations where street racing and sideshows are banned. Monthly and annual report data includes, but is not limited to, testing and certification volume, initial test failures, average inspection and repair costs, and station and equipment information. Some of the new laws became effective immediately and others, including some that were signed into law just weeks ago, take effect January 1, 2023, or later. install the Google Toolbar (opens in new window) . New California Laws for 2023 and Beyond: What Employers Should Know | Faegre Drinker Biddle & Reath LLP, https://www.faegredrinker.com/-/media/images/professionals/no_photo_placeholder.jpg?rev=de01c6717d114d3ebe4c53382d5814a2&hash=F27CC28370A6BA439ED0C7016416B1E4. Documentation includes, but is not limited to, a death certificate, a published obituary or written verification of death, burial, or memorial services from a mortuary, funeral home, burial society, crematorium, religious institution or governmental agency. Having the VIN of the donor vehicle provided at the initial Referee appointment . Starting Jan. 1, terminally ill patients wont have to wait as long to request fatal drugs. This bill adds Section 512.1 to the Labor Code. AB 1788 allows civil penalties against a hotel if: (1) sex trafficking activity occurred in the hotel, a supervisory employee of the hotel knew, or acted with reckless disregard, of the activity constituting sex trafficking activity that occurred within the hotel and failed to inform the appropriate authorities within 24 hours (i.e., law enforcement, the National Human Trafficking Hotline, or another appropriate victim service organization); and/or (2) any hotel employee was acting within the scope of employment and knowingly benefited financially or by receiving anything of value from participating in a venture that the employee knew, or acted with reckless disregard, of the activity constituting as sex trafficking activity within the hotel. Below is a brief summary of some of the key measures and programs, in no particular order, that take effect January 1, 2021, unless otherwise noted. Click Here to download a CAP application which will provide up to $1200.00 in free smog check repair assistance from the state. The DMV chatbot and live chat services use third-party vendors to provide machine translation. The program will take effect in phases depending on where you live. It also removes the requirement that a vehicle salespersons license be renewed in person, which will enable the DMV to establish a renewal program that allows for consecutive remote vehicle salesperson license renewals. Its very important to remember this: The ECM itself is an emissions control device. Apr 22, 2016. Existing law requires that public postsecondary governing bodies in California adopt and implement written procedures or protocols to ensure that students, faculty, and staff who are victims of sexual assault committed at specified locations receive treatment and certain information. This bill adds Sections 1156.35, 1156.36. LAPD looking for autistic man last seen in downtown, Ducks assistant coach diagnosed with melanoma, LAPD searching for driver in fatal San Pedro hit-and-run, 1 killed amid turbulence event on business jet, caused speed limits to go up every few years, coalition of restaurants and grocers suing, hoping for a two-year delay, prohibited from handing out single-use silverware or condiments, Best athletic wear for kids joining baseball and, How to watch all the Oscar-nominated movies in style, Best smart home devices for older users, according, Grizzlies Morant to miss Clippers, Lakers games, Festival of Whales returns to Dana Point Harbor, AlienCon attracting space enthusiasts to Pasadena, Folks near Jack Daniels facility see whiskey fungus, Suspect arrested in overnight DTLA stabbing, Commission blasts former sheriff on alleged deputy, House where JonBent Ramsey was found dead up for, Building a CA dream home might be cheaper than buying, Newport Beach home dangling after cliffside collapse, Carjacking suspect shot in wild chase in L.A. County, Over $38M stolen from low-income SoCal families, High-speed rail from L.A. to Vegas: What we know, 3 arrested for nearly $1 million in stolen student, Grand theft suspects in custody after pursuit with, Do Not Sell or Share My Personal Information. Google Translate is a free third-party service, which is not controlled by the DMV. Existing law provides that a licensed contractors willful or deliberate disregard of various state building, labor and safety laws constitutes a cause of disciplinary action by the Contractors State License Board (CSLB). Were not going to get into the minutiae of all 770 bills signed into law during the last legislative cycle (sorry, but also youre welcome), but we are breaking down some of the highlights. for motor vehicles built between 2022 and 2025 . This translation application tool is provided for purposes of information and convenience only. AB 2183 amends the Labor Code to establish alternative procedures to the existing polling place election process for agricultural employees. This bill amends Section 96 of, and adds Part 4.5.5 (commencing with Section 1470) to Division 2 of, the Labor Code. AB 1747 provides that the CSLB may also take disciplinary action against a licensed contractor for a willful or deliberate disregard of any state or local law relating to the issuance of building permits and authorizes a civil penalty against the contractor not to exceed $30,000 for any violation. Under this bill, bereavement leave need not be taken in consecutive days, but the bereavement leave must be completed within three months of the date of death of the family member. The Fair Employment and Housing Councils name has also changed, and it is now referred to as the California Civil Rights Council. Some of the new laws became effective immediately and others, including some that were signed into law just weeks ago, take effect January 1, 2023, or later. . Also, many cities and local governments in California have enacted minimum wage ordinances exceeding the state minimum wage. Under the new law, such vendors are required to certify that their employees (and any subcontractors employees) have completed certain Occupational Safety and Health Administration trainings. This bill amends Sections 1005, 1013 and 1167 of the Code of Civil Procedure, and amends Sections 6206, 6206.7, 6208.1, 6208.2, and 6209.7 of, and adds Section 6206.1 to, the Government Code. April 18, 2022 - Legislature reconvenes from Spring Recess. Under existing law, participants may be removed from the program if they no longer reside at the most recent residential address provided to the Secretary of State, and have not provided at least seven days prior notice in writing of a change in address, a service of process document or mail forwarded to the program participant by the Secretary of State is returned as non-deliverable, or the program participant obtains a legal name change and fails to notify the Secretary of State within seven days. This bill amends Sections 3212.86, 3212.87, and 3212.88 of the Labor Code. Cal/WARN generally applies to employers that owns or operates a covered establishment, which is a location that employs, or has employed in the preceding 12 months, 75 or more persons. (916) 657-6437 | [email protected] FOR IMMEDIATE RELEASE December 27, 2022 Sacramento - The California Department of Motor Vehicles (DMV) wants Californians to be aware of several new laws taking effect in the new year. California Smog Law Change - Legal Options California Smog Laws - Change July 2021 Starting Monday, July 19, 2021, the California Air Resource Board (CARB), made a significant change to the definition and scope of a "smog test". OR. Perform an oil change. Another law passed in 2021 (AB 3, Fong) allows courts to suspend an individuals drivers license for violating this ban beginning on July 1, 2025. This bill amends Section 12945.2 of the Government Code and Section 245.5 of the Labor Code. This bill amends Sections 100000 and 100032 of the Government Code. Existing law specifies that the maximum amount of a judgment debtor's disposable earnings for any workweek that is subject to levy shall not exceed the lesser of. In 2022, California Gov. An animal welfare law passed by voters in 2018 takes effect this year. Existing law grants agricultural employees the right to form and join unions by elections held by secret ballot and conducted by the Agricultural Labor Relations Board (ALRB). If the employer does not agree to sign a labor peace compact, then unions will be permitted to solicit employees to sign a card authorizing the union to represent the employees through a newly created card check, rather than, mail-in or in-person secret ballot, process. You can expect to pay anywhere from $29.95 to $69.95 to get yours done. This bill amends Sections 6325 and 6409.6 of the Labor Code. The new law repeals California's current rolling emissions-test exemption for vehicles 30 years old and older and replaces it with a law requiring the lifetime testing of all 1976 and newer model-year vehicles. Note there are lots of little pieces here that need to be understood. Restaurants will soon be prohibited from handing out single-use silverware or condiments without a customer requesting them. Advocates say it could help with the states housing crisis by making it easier to add more units of housing. The Department of Motor Vehicles (DMV) website uses Google Translate to provide automatic translation of its web pages. Should the subpoena recipient object to the subpoena, the subpoena recipient must serve objections and meet and confer with the subpoena issuer to attempt to resolve the objections. Existing law includes in the definition of public works under certain circumstances the hauling of refuse from a public works site to an outside disposal location. Gavin Newsom said the word alien has fueled a divisive and hurtful narrative and this change will allow state laws to better reflect state values. 15553 Los Gatos Blvd. California's Truck and Bus rule, the state's key law regulating heavy duty diesel emissions, was adopted in 2008. Develop guidance for safe conditions and health considerations for pregnant individuals and infant children who may be exposed to extreme heat, and for pregnant individuals, during both the gestational and postpartum periods, and post this guidance on the department's website and make it accessible to medical and community-based health organizations. The Faegre Drinker Biddle & Reath LLP website uses cookies to make your browsing experience as useful as possible. This bill adds Section 339.5 to the Unemployment Insurance Code. This bill amends Section 6721 of the Labor Code. Reform of License Suspension Law (AB 2746, Friedman). Existing law generally vests jurisdiction over violations in the Public Employment Relations Board (PERB). This bill amends Section 16759 of the Business and Professions Code. If the employers existing leave policy provides for less than five days of paid bereavement leave, the employee is entitled to no less than a total of five days of bereavement leave, consisting of the number of days of paid leave under the employers existing policy, and the remainder of days of leave may be unpaid; but the employee may use vacation, personal leave, accrued and available sick leave, or compensatory time off that is otherwise available to the employee. This bill also provides that an employees right to bereavement leave is to be construed as separate and distinct from any other right employees have under the CFRA. The DMV will work on regulations to govern how the requirements for the permanent program will be implemented. These laws aim to reduce the increasing theft of catalytic converters and help keep Californians and their cars safer. AB 551 extends the effective date of AB 845, which provides that if a member of certain firefighter, public safety and health care job classifications tests positive for COVID-19 and retires for disability on the basis of a COVID-19 related illness, it is presumed that the disability arose out of, or in the course of, the members employment, unless rebutted. Minimum Wage Increase. The Fast Food Council will be composed of 10 members to be appointed by the Governor, the Speaker of the Assembly and the Senate Rules Committee, and will be authorized to set sector-wide rules on minimum wages, working hours, working conditions and training for fast food restaurant workers. The bill repeals these provisions on January 1, 2024. Machine translation is provided for purposes of information and convenience only. To Make a Referee Appointment. Under existing law, prenatal care, delivery service, postpartum care and neonatal and infant care are essential services necessary to assure maternal and infant health. Under existing law, the statute of limitations to commence a civil action for sexual assault is 10 years from the last act, attempted act or assault with the intent to commit an act of sexual assault; or within three years from the date a plaintiff discovers or reasonably should have discovered that an injury or illness resulted from those acts. Gavin Newsom signed many laws impacting California employers. . California state courts will stop sending notices to the DMV for license suspensions for failure to appear starting on January 1, 2023, while requiring the DMV to stop suspending licenses for failing to appear starting on January 1, 2027, to allow time to make computer programming changes. As a reminder, the minimum wage in California is increasing to $15.50 per hour on January 1, 2023, for all employers regardless of the number of workers employed by an employer. All rights reserved.var d = new Date(); document.getElementById('crdate').append(d.getFullYear()); Our labor and employment team breaks down important new laws impacting employers in CA. The California smog laws on engine swaps (or engine changes) are consistent with common sense, safety, and emissions reduction. Assembly Bill 1096 strikes the word alien from the California state code. This bill adds Chapter 11 to Part 3 of Division 2 of the Labor Code. The EDD will also be required to report on any actions necessary to implement such an expansion. AB 1726 extends the deadline for service on program participants by 12 days and extends the deadline for defendants to respond to a complaint in an action to obtain possession or real property by five court days if service of the complaint is completed through the Safe at Home Program. Under existing law, these procedures and protocols must include specified information, such as [p]rocedures ensuring that each victim of sexual assault should receive information about the existence of at least the following options: criminal prosecutions, civil prosecutions, the disciplinary process through the college, the availability of mediation, alternative housing assignments, and academic assistance alternatives. AB 1467 adds that the information provided must include procedures for obtaining the assistance of [c]ounselors and support services for victims.. Please look at the time stamp on the story to see when it was last updated. This renewal requirement is one provision of prior legislation, SB 611, enacted in 2017 to curb fraud and abuse of Disabled Person Parking Placards. To combat this, the state of California is increasing the vehicle retirement option to $1,500 for owners that meet income eligibility, with everyone else receiving $1,000. These new laws address several topics, including supplemental paid sick leave, pay transparency, leaves of absence and fast-food restaurant employment standards. Under existing law the CalSavers Retirement Savings Trust Act, administered by the CalSavers Retirement Savings Board (CalSavers Board) employers with five or more employees that do not sponsor a retirement plan are required to participate in CalSavers and offer a payroll deposit retirement savings arrangement so that eligible employees may contribute a portion of their salary or wages to a retirement savings program account in the program. AB 1949 amends the CFRA and provides that eligible employees who have been employed for at least 30 days may take up to 5 days of unpaid leave (subject to an employees ability to use available paid time off) related to the death of a family member. This bill amends Section 12945.21 and 19859.3 of, and adds Section 12945.7 to, the Government Code. Unless the legislature or Gov. California requires all vehicles to undergo a smog inspection EXCEPT: Gasoline-powered vehicles model year 1975 and older. AB 1726 would extend the seven-day notice period to 30 days and require the program to attempt to contact the participant by phone and email before terminating participation due to non-deliverable mail. Among other things, this law makes it easier for cities to upzone transit-dense areas, allowing for the development of more dense house of up to 10 units per parcel without a lengthy environmental review process. Further, in the event of an emergency condition, the bill prohibits an employer from preventing any employee from accessing the employee's mobile device or other communications device for seeking emergency assistance, assessing the safety of the situation, or communicating with a person to confirm their safety. 25% of the individual's disposable earnings for that week. Assembly Bill 48 prohibits police from using rubber bullets or tear gas to disperse crowds at a protest. The posting must contain certain information, including common facts and myths about the causes of sexual violence and sexual harassment; what constitutes sexual violence and sexual harassment, methods of encouraging peer support for victims and the imposition of sanctions on offenders. This bill does not require employers to provide additional hours of leave beyond the amount of SPSL under SB 114. That means lots of new rules (or altered rules) are coming to California on Jan. 1, 2022. As such, to the extent an employee has used all SPSL prior to September 30, 2022, this bill does not provide for new paid leave. The act does not revive claims in which there has been, prior to January 1, 2023, a final decision by a court or a written settlement. Existing law creates the Safe at Home Program, which offers victims of domestic violence, sexual assault, stalking, human trafficking, or elder or dependent adult abuse, under which an adult or a guardian on behalf of a minor or an incapacitated person substitute mailing address to receive first class, certified, and registered mail. #5 California is the first in the nation to require heavy-duty trucks to undergo smog checks or mandate zero-emission lawn equipment. Further, this bill provides that it does not affect the rights or obligations of an employer to maintain a drug- and alcohol-free workplace [] or any other rights or obligations of an employer specified by federal law or regulation.. Conditions of disaster or extreme peril to the safety of persons or property at the workplace or worksite caused by natural forces or a criminal act. Provide guidance and supporting information to the Legislature by submitting a report that includes legislative or policy recommendations on best practices for connecting perinatal patients with the appropriate health and well-being information relating to extreme heat. AB 1775 imposes certain requirements for entities that contract with entertainment events vendors as part of a production of a live event at the entitys public events venue. The minimum for businesses with 25 or fewer employees bumps to $14 with the new year and will increase to $15 per hour on Jan. 1, 2023. The cost of a smog check in California varies based on your vehicle and exactly where you live. Any discrepancies or differences created in the translation are not binding and have no legal effect for compliance or enforcement purposes.
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