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Governor Newsom Signs New Worker Protections into Law

Posted on behalf of Arnold Law Firm in
signatureThe California legislative session wrapped up this October with Governor Newsom signing 770 bills into law. Among these were several new laws that expand worker protections and ensure that employers are compensating their employees fairly. California already has the strongest worker protections in the country. The state relies on attorneys — like our Wage and Hour team at the Arnold Law Firm — to uphold these laws and hold employers accountable. The laws below add to California’s robust wage and hour statutes:

AB 286 (Gonzalez) Food Delivery Workers Are Entitled to Their Tips

This law makes it unlawful for a food delivery platform (such as Postmates or Door Dash) to retain any portion of a delivery driver’s tips. Under this new law, food delivery platforms must pay any tip or gratuity for a delivery order to the person delivering the food or beverage. Additionally, any tip or gratuity for a pickup order must be paid entirely to the food facility.

AB 701 (Gonzalez) Warehouse Worker Quotas Must be Humane and Transparent

This law requires warehouse distribution centers (such as those utilized by Amazon) to disclose quotas to employees. Quotas are requirements that warehouse distribution centers impose upon their employees that specify the number of tasks an employee must complete in a given amount of time.  Under this new law, warehouse distribution centers will be required to provide to each nonexempt employee with a written description of each quota to which the employee is subject, including the quantified number of tasks to be performed, or materials to be produced or handled, within the defined time period, and any potential adverse employment action that could result from failure to meet the quota. Quotas cannot prevent an employee from taking meal or rest periods, using bathroom facilities, or from taking advantage of other occupational health and safety laws. An employer can no longer take adverse action against an employee for failing to comply with a quota that has not been disclosed or for failure to meet a quota that does not allow a worker to comply with meal or rest periods or occupational health and safety laws. If a current or former employee believes that meeting a quota caused a violation of their right to a meal or rest period or required them to violate any occupational health and safety law or standard, they have the right to request a written description of each quota to which the employee is subject and a copy of the most recent 90 days of the employee’s own personal work speed data. A current or former employee can bring an action for injunctive relief to obtain compliance with specified requirements and can recover costs and reasonable attorney’s fees in that action.

AB 1003 (Gonzalez) Wage Theft is Grand Theft

This bill allows intentional wage theft to be punishable as grand theft. Under this new law, an employer that has engaged in the intentional wage theft or failure to provide other compensation (e.g., meal or rest premiums, reimbursements, etc.) in an amount greater than $950 from one employee or $2,350 from 2 or more employees, in a consecutive 12-month period may be convicted of grand theft. These wages, gratuities, benefits, or other compensation that are the subject of a prosecution under these provisions can be recovered as restitution. This law includes independent contractors within the meaning of employee and includes hiring entities of independent contractors within the meaning of employer.

SB 62 (Durazo) Garment Worker Protections

This law requires brand guarantors and garment manufacturers to maintain personnel records for four years and allows them to be held jointly and severally liable for unpaid wages to contractors. The law also limits garment manufacturers’ ability to pay their workers piece-rates by imposing a penalty of $200 (payable to the employee) for each employee that is paid by piece-rate.

SB 572 (Hertzberg) Real Property Liens are Allowed for the Collection of Labor Commissioner Citations

This new law authorizes the Labor Commissioner to create a lien on real property to secure amounts due to the commissioner for final citation, findings, or decision.

SB 639 (Durazo) Subminimum Wage Jobs for People with Disabilities Must be Phased Out

This law requires a plan to be developed that will phase out a program that allows employers with special licenses to pay less than minimum wage for employees with physical or mental disabilities under the subminimum wage certification program. SB 639 prohibits new licenses from being issued under this program after January 1, 2022. Our Wage and Hour attorneys at the Arnold Law Firm fight hard for our clients’ rights and have a proven track record of helping employees recover what they earned. Whether your current or former employer has violated a law that was passed this year or one that has been on the books for decades, we offer a free consultation to discuss your claim and charge you nothing while working on your case.

Call 916-777-7777 to schedule a free consultation.

Settlement - $3,767,000

Truck Accident

A 20-year-old man who had been married for just 12 days left home on his way to work. He was driving on Pleasant Grove Road in Sutter County in the early morning when he came upon a slow-moving truck. As he pulled out to pass the truck, the truck driver turned left in front of him. The young man attempted to steer back into his lane but his vehicle struck an un-flagged piece of metal extending from the back of the truck. He died in the resulting crash.

Expert witnesses brought in by the Arnold Law Firm proved that the truck, owned and operated by a hauling firm, should never have been on the highway that morning. Specifically, the rear and side turn signals did not work and the rear-view mirror was in a poor state of adjustment at the time of the collision. As a result, the driver, who had failed to properly inspect the vehicle before setting out that morning, couldn’t see the young man’s vehicle as it attempted to pass.

The poor condition of the truck, its lack of maintenance and the manner in which it was operated were found to be substantial factors in causing the collision that killed the young man. The testimony also established that the man had been making a lawful pass at the lawful speed limit and acted reasonably when he attempted to avoid the collision.

The man’s 20-year-old widow was awarded $3,767,000.77, his parents were awarded $185,131 and the family was reimbursed $11,899 in funeral expenses. Though money is a poor substitute for a young man’s life, this verdict demonstrates that drivers who endanger the lives of others will be held accountable for their actions.