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Pushing to change burdensome labor laws in California.

  The new 2017 California Labor Laws Digest comes with 10 new pages that add 122 new labor laws. The misuse of California labor laws put people out of work. Unfair labor laws are bankrupting California companies.  
  (CABIA California Business & Industrial Alliance - Home > LABOR LAWS  

2017 California Labor Law Digest is 1,032 pages

  • The 2017 book starts out with 10 pages that equal 122 new laws that will lead you to more detail within the 1,039 pages
  • Employees have the right under both California Labor Code and the National Labor Relations Act (NLRA) to discuss their working conditions , pay or other work related issues. So if an employee is criticizing your company or stating how much they make on social media they are protected and allowed to do so. This how Google was sued under PAGA.

Making Exceptions to Laws for Labor and Hollywood


California frequently makes labor law exceptions for collective bargaining agreements and the film industry, when there’s no apparent reason why. At least three exceptions exist in the 21 new labor laws Brown signed, all of which are transparently the work of special interests. Among them are: AB 2743 (Waiting-Time Penalties for Theatrical and Concert Event Venue Employees), AB 1650 (Prohibition Against Requesting Criminal Conviction Information for Certain Jobs), and Healthy Workplaces, Healthy Families Act of 2014 (mandatory paid sick leave).

For employees in the motion picture industry, hot meals and hot drinks must be provided for employees who are required to work after 12 o’clock midnight.’

One of my favorite preferential laws is the “hot food and drinks” provision: “Under IWC Order 12-2001 for employees in the motion picture industry, hot meals and hot drinks must be provided for employees who are required to work after 12 o’clock midnight.” But not for the retail store manager working the night shift? Why ever not?

I was under the impression that labor codes were meant to ensure fair and equal treatment for all workers. I suppose I was wrong. Clearly, unions have the ear of those issuing their edicts from on high. I say “on high” because, from the ground floor of business, it seems the Assembly, together with California judges, are on some higher plane of existence, in which they are ever so vaguely cognizant of the reality of doing business, such that they are not easily moved to sympathy over the plight of the small people below.


California Fair Pay Act (CFPA)


In 2016 the governor of California signed the “California Fair Pay Act” (CFPA). Another well intentioned law with unavoidable consequences for employers. Though it operates under the guise of “equal pay for equal work”, the actuality of the law places a big burden on businesses.

Under CFPA, the employer must “prove” that wage differences for the same or similar positions are based on the reasonable application of the following:
-Seniority system
-Merit system
-Measuring system of quantity or quality of work

The biggest headache of this law is the encouragement for employees to share rates of pay, even though the historical American norm has been for it to be a bit taboo or even unprofessional for employees to discuss pay with each other.

In addition, you cannot discourage employees from sharing what they make, which creates potential problems as there may be legitimate reasons why one employee is paid more than another (better performer, seniority, etc).

By discussing pay differences, an employee making less than another can now demand to see proof of why this pay difference is justified, putting you, the employer, on the defensive.

So you may have legitimate reasons why one employee makes more than another and it fits the legal standards but now you must have a way to prove it.