CLFP Successful in Stopping Measures Adversely Impacting Food Processing

The California Legislature adjourned its 2021 Session on September 10. CLFP was successful in stopping or significantly amending several measures that would have adversely impacted the food processing industry. However, some CLFP opposed measures were passed by Legislature and sent to the Governor’s desk.

CLFP opposed bills that were stopped until the 2022 Legislative Session include:

SB 410 (Leyva; D-Chino) would have specifically exempted Cal/OSHA regulations from the Standardized Regulatory Impact Assessment (SRIA) process, which provides thorough economic analysis and Department of Finance oversight for proposed regulations and is presently applicable to all regulations with a financial impact of more than $50 million. The bill was placed in the Assembly Inactive File.

AB 1041 (Wicks; D-Oakland), prior to amendments, would have significantly expanded multiple existing leave requirements in California that apply to employers of five or more, including small employers with limited employees who are struggling as a result of the pandemic, by allowing an employee to take leave to care for any family member or any person of their choosing without limitation, and subjecting the employer to costly litigation under the Fair Employment and Housing Act or the Labor Code Private Attorneys General Act (PAGA), for any alleged interference, interruption, discouragement, or denial. Amendments from the business community were accepted which narrowed the bill so that the only additional persons that an employee can take leave to care for is one designated person per 12-month period. The bill was sent to the Senate Inactive File.

AB 1395 (Muratsuchi; D-Torrance) proposed to limit the technology necessary to reach our carbon neutrality goals by more than doubling our state goal while also imposing limits on technology-assisted carbon reductions, sending market signal to not develop carbon removal or storage technology. The bill failed passage in Senate, 14-12, and was then placed on Senate Inactive File on the final day of the Legislative Session.

Bills that CLFP opposed, but passed the Legislature and were sent to the Governor, include:

AB 616 (Stone; D-Scotts Valley) limits an employee’s ability to independently and privately vote for unionization in the workplace, by essentially eliminating a secret ballot election and replacing it with the submission of representation cards signed by over 50% of the employees, which leaves employees susceptible to coercion and manipulation by labor organizations. Also, unfairly limits an employer’s ability to challenge any order by the Agricultural Labor Relations Board (ALRB) by forcing employers to post an unreasonable bond, and then limits an employee’s ability to decertify a union, by forcing them to go through the ballot election process instead of submission of representation cards. Also includes an unnecessary presumption of retaliation that is effectively unlimited in scope because it would apply for the duration of an election campaign, which could last for a year or more.

AB 701 (Gonzalez; D-San Diego) places burdens on warehouse employers with duplicative costly litigation by creating a new Private Attorneys General Act (PAGA) claim related to warehouse work speed. Amendments were accepted into the bill which narrowed the application of the bill on multiple fronts, including PAGA litigation and injunctive relief.

For more information contact CLFP Government Affairs Director Trudi Hughes.