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. Sacramento The California Department of Motor Vehicles (DMV) wants Californians to be aware of several new laws taking effect in the new year. In a 2021 decision, in Mendoza v. Fonseca McElroy Grinding Co, Inc. (2021) 11 Cal.5th 1118, the California Supreme Court disapproved of the holding of O. G. Sansone creating uncertainties as to its legal precedence. 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. January 1, 2022 - Chaptered bills took effect. Some California cities already have higher minimum wages in effect. Existing law establishes a motor vehicle inspection and maintenance (smog check) program that is administered by the Department of Consumer Affairs. This prohibition does not apply to certain groups of employees enumerated in the text of the bill, including but not limited to first responders, employees required by law to render aid or remain on the premises in case of an emergency, and employees whose primary duties include assisting members of the public to evacuate in case of an emergency. New Requirement for Permanent Disabled Person Parking Placard Renewals (SB 611, Hill, 2017). Enhanced Safeguards for Bicycle Riders (AB 1909, Friedman). Any discrepancies or differences created in the translation are not binding and have no legal effect for compliance or enforcement purposes. The employer must maintain the confidentiality of any employee requesting bereavement leave and any documentation the employee provides to the employer must be maintained as confidential and shall not be disclosed except to internal personnel or counsel, as necessary, or as required by law. Minimum wage bump Businesses with 26 or more employees will be required to pay a $15 minimum. The law will help save time, paper, and reduce the number of transactions needing to be completed at a field office. Existing law also specifies certain multipliers to determine the maximum amount of disposable earnings subject to levy for any pay period other than a weekly pay period. After the initial Referee inspection, future Smog Check inspections can be obtained at a regular Smog Check station. 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. 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. The DMV is sending notices to Californians who have had their permanent Disabled Person Parking Placard for at least six years and asking them to confirm that they are still in need of one. Having the VIN of the donor vehicle provided at the initial Referee appointment will simplify the process. When your chat is over, you can save the transcript. Smog Check frequency requirements do not change after a vehicle has undergone an engine change. The Department of Motor Vehicles (DMV) website uses Google Translate to provide automatic translation of its web pages. 50% of the amount by which the disposable earnings for the week exceed 40 times the state minimum hourly wage (or, the local minimum hourly wage, if greater than the state minimum hourly wage). Its this last step combined with the ECU test that will make this difficult. We are currently looking for experienced automotive journalists and editors to join our team. Further, it changes the basis upon which the Secretary of State may remove a participant from the program. 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. Smog Check Executive Summary Reports - Bureau of Automotive Repair Machine translation is provided for purposes of information and convenience only. 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. 20% of the individual's disposable earnings for that week. Restaurants will soon be prohibited from handing out single-use silverware or condiments without a customer requesting them. Contact: Office of Public Affairs2415 First AvenueSacramento, CA 95818(916) 6576437 |dmvpublicaffairs@dmv.ca.gov. Ghost guns are guns that are purchased in parts and assembled at home, making them hard to track. California's Truck and Bus rule, the state's key law regulating heavy duty diesel emissions, was adopted in 2008. Perform an oil change. After the initial Referee inspection, future Smog Check inspections can be obtained at a regular Smog Check station. The content currently in English is the official and accurate source for the program information and services DMV provides. AB 2766 grants enforcement and investigatory power to the city attorney of any city with population of over 750,000, to the county counsel of any county (which a city within the county has a population over 750,000), or the city attorney of a city and county (collectively Investigators) when the Investigators reasonably believe there may have been a violation of the Unfair Competition Law, including any unlawful, unfair, or fraudulent business act or practice, and unfair, deceptive, untrue, or misleading advertising. 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. 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. This bill contains several other provisions, including: authorizing a county, or city with a population greater than 200,000 to establish a Local Fast Food Council, that could provide recommendations to the statewide Fast Food Council; and prohibiting the discharge or discrimination or retaliation against a fast-food employees for specified reasons and creates a cause of action and right to reinstatement for employees, as well as a presumption of unlawful discrimination and retaliation in certain circumstances. The law affects public schools with grades 6 through 12, community colleges, and public universities. This bill amends Sections 100000 and 100032 of the Government Code. If they are successful in obtaining signatures before December 4, 2022, the effective date of this bill would be put on hold until voters weigh in, likely not until the November 2024 elections. This bill amends Section 1406 of, amends/renumbers/adds to Section 1400 of, and adds Section 1409 to, the Labor Code. The saving grace for many, is that you can get software, that is upgraded from stock, that does have an EO approved order, and will be allowed (see our other article on APR or DINAN software, legal in California. January 3, 2022 - Legislature reconvened. 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. Specifically, Labor Code section 3212.86 applies to COVID-19 illnesses contracted before July 5, 2020 if the employee tested positive for, or was diagnosed, with COVID-19 within 14 days after performing work for the employer; Labor Code section 3212.87 applies to specified police officers and firefighters; and Labor Code section 3212.88 applies during a COVID-19 outbreak (as defined in the statute) at an employers place of employment (for employers with five or more employees). This bill amends Section 12945.21 and 19859.3 of, and adds Section 12945.7 to, the Government Code. This bill amends Section 52.6 of the Civil Code. The law allows for humans to collect and eat deer, elk, pronghorn antelope, or wild pig that have been hit and killed by a vehicle. Finally, in the event a current or former employee brings an action that could be brought pursuant to the Labor Code Private Attorneys General Act (PAGA) for violations of these prohibitions, the bill gives employers the right to cure alleged violations as set forth in Section 2699.3. These employers must also provide a rest period based on the total hours worked daily at the rate of 10 minutes net rest time per four hours or major fraction thereof as provided by Wage Order No. You then proceed to the visual inspection test (no aftermarket parts installed that are emissions affecting), next, they will test to see if there is an active check engine warning light present, and finally, they will check readiness setting. The regulations also increase the repair assistance contributions to $900 or $1200, depending on the vehicle's model year. As a result, each year an agricultural employer will have to determine whether it will agree with the ALRB to a labor peace compact, which compact will, among other things, prohibit the employer from making statements for or against union representation or from making any disparaging comments about the union to its employees or publicly in any form and at any time. A new bill proposed by California Senator Ted Gaines (R-El Dorado) that would change the California smog exemption year cutoff from 1975 to 1980 passed through the . Businesses with 26 or more employees will be required to pay a $15 minimum wage starting in 2022. or is initially registered in California. A new, rebuilt, remanufactured, or used engine of the same make, number of cylinders, and engine family (test group) as the original engine with the original emission controls reinstalled; An engine which matches a configuration offered by the manufacturer for that year, make and model of vehicle, and the appropriate emission controls for the installed engine, and chassis components are present and connected. 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). Existing law also requires that an employer who receives a notice of potential exposure to COVID-19, the employer is required to take specified actions within one business day of the notice of potential exposure, including providing written notice to all employees on the premises at the same worksite that they may have been exposed to COVID-19. This bill amends Sections 7099.2 and 7110 of the Business and Professions Code. 4 and Wage Order No. 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. Google Translate is a free third-party service, which is not controlled by the DMV. SB 1162 requires employers with 15 or more employees to disclose pay scales for a position in any job posting and requires employers to maintain records of job titles and wage rate history for each employee for the duration of employment plus three years. Faegre Drinker Biddle & Reath LLP. Please note that the summary below does not address all new California laws that impact employers or employees; rather, it is a summary of the new California laws that we believe to be the most significant in terms of scope and impact of individuals or employers with business operations in California. Landmark California smog rules target lawn equipment, big rig trucks You cant just restore the software to stock and run to the smog station to get it tested. In a nutshell, the change directly impacts owners who have modified their California-registered vehicles ECMsand not retained the stock calibration. . Apply for a license or ID card (including REAL ID). The waiting period between the two required requests will drop from 15 days to 48 hours. 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. It also sets new pay data reporting requirements based on protected characteristics, changes the date for submitting pay data reports and establishes significant civil penalties for non-compliance. This bill amends Section 340.16of the Code of Civil Procedure. 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. California requires all vehicles to undergo a smog inspection EXCEPT: Gasoline-powered vehicles model year 1975 and older. AB 1726 provides, among other things, that if a program participant or parent or guardian acting on behalf of a minor or incapacitated person relocates to a state without an address confidentiality program, then they remain enrolled and that mail be forwarded for the remainder of the term they are qualified to participate in the program. Prior to 2022, all blood used by veterinarians to treat ailing dogs comes from two companies that raise dogs in cages solely to collect their blood, reports the Los Angeles Times. The smog check will now test the software and revision level.if it doesnt match, you fail. The list below is in numerical order by AB or SB. A similar law, also aimed at reducing waste, is already in effect for single-use plastic straws. The laws listed below take effect on January 1, 2023, unless otherwise noted. The EDD is required to complete and submit the feasibility student to the Legislature and the Senate Committee on Labor, Public Employment and Retirement by December 1, 2023. Upon a finding by the board that the employer violated the law, the employer shall be subject to a civil penalty, to be deposited in the General Fund, of up to $1,000 per each affected employee, not to exceed $100,000 in total. Alternatives to Conventional License Plates, Stickers, Tabs, and Registration Cards (AB 984, Wilson). Supporters say preteens and teenagers need the extra sleep for their health and development. 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. Exemptions. The law affects public schools with grades 6 through 12, community colleges, and public universities. 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 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 effective date of each new law is indicated in the heading of the Assembly Bill (AB) or Senate Bill (SB). Keep in mind, you have to pay even if your vehicle is exempt. 25% of the individual's disposable earnings for that week. 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.