Balanced Budget? David Crane, President of Govern for California, recently wrote about California’s “balanced budget”. He gave WECA permission to republish his observations.

Last Monday, Governor Newsom issued a press release previewing a "balanced" budget for 2025-26, so imagine our surprise when his proposed budget released today disclosed that balance was achieved by transferring $7.1 billion from the Rainy Day Fund. In your household do you consider your budget balanced if you dip into savings to cover a deficit? We don’t. In fact, when the Monday press release extolled that "state revenues are up by $16.5 billion," we expected the proposed budget would not only not draw from the Rainy Day Fund, but also would pay back $4.9 billion taken from the Rainy Day Fund last year. It’s misleading to characterize such a budget as "balanced", and worrisome that Newsom keeps taking money from the Rainy Day Fund when the economy and stock market are vibrant and reserves might be needed more than ever. We’re still reading through the document and will have more to say, but this is not a good start.

Crane followed up with additional analysis:

Governor Newsom’s proposed budget includes a paragraph entitled “GOVERNMENT EFFICIENCY AND COST SAVING MEASURES”, but the measures mentioned there are a tiny fraction of the inefficiencies and costs added under Newsom. E.g., in the year Newsom took over from Jerry Brown, the Executive Branch hosted 211,000 jobs on whom the state spent $19.5 billion in salaries.

Since then, Newsom has expanded staffing and salaries in favor of public sector unions that are also his political supporters, with the result that the proposed budget shows staffing up 21% and salary spending up 44% to $28.1 billion per year.

Schedule 6 of the budget, which includes State employees outside the Executive branch, shows a sharp drop in efficiency. E.g., employees per 1,000 population is up 17% and General Fund expenditures per Capita are up 65%. Have public services per Capita improved at all — much less 65% — since Newsom took office?

Another contributor to declining efficiency is rising spending on benefits for retired employees, another Newsom supporter. E.g., spending on Other Post-Employment Benefits (OPEB) is up 74% and takes more than $4 billion per year from the General Fund. California's OPEB benefits are multiples of those provided by other states. On top of that is pension spending of $14 billion, up 46%. The same issues handicap efficiency in schools, colleges, universities, cities, counties and other agencies funded and governed by the state.

As with his untruthful claim of a balanced budget, Newsom’s claim about an efficient budget is misleading.

Learn more about Govern for California here and consider supporting their work.

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More Pain for Employers The Legislative Analyst’s Office (LAO) released “Fixing Unemployment Insurance,” finding that the “anticipated annual shortfalls” between revenue and benefits paid out “will add to the state’s looming $20 billion outstanding federal UI loan” and “expects the loan to grow by billions of dollars before federal surcharge UI taxes are high enough for the state and employers to begin making progress toward repaying the loan.” The LAO recommends the legislature “increase the taxable wage base” on which employers are required to pay UI taxes, from a maximum of $7,000 to $46,800, which would “place California among the ten states with taxable wages bases above $40,000 and all other Western states,” but notes “this step alone would not be sufficient to address the state’s solvency problems.”

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Litigation Filed to Enjoin SB 399 Prohibiting Mandatory Meetings During Union Organizing On January 1, 2025, Senate (SB) Bill 399, went into effect in California, which joined other states, including Illinois, Connecticut, Hawaii, New York, and Oregon, in enacting statutes that prohibit “captive audience” meetings, similarly limiting employers’ ability to conduct mandatory meetings on religious or political matters, including a labor organization. Several business groups have filed a federal lawsuit challenging the constitutionality of SB 399 and seeking declaratory and injunctive relief. The lawsuit, filed in the Eastern District of California, argues that the law infringes on employers’ rights to free speech and equal protection under the First and Fourteenth Amendments of the U.S. Constitution. The plaintiffs contend that SB 399 discriminates against employers’ viewpoints on political matters and restricts the content of their communications with employees. They argue that the law stifles employer speech and is preempted by the National Labor Relations Act (NLRA), which protects employer free speech under Section 8(c). Story

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Falls and Construction Lead in Workplace Fatalities





 

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Senator Hawley Circulating Framework for Labor Reform Senator Josh Hawley (R-MO) is circulating a framework for potential labor law reform legislation. The framework calls for:

• notice posting requirements on employees’ collective bargaining rights;
• safety provisions for warehouse workers, including a prohibition against work speed quotas;
• banning captive audience meetings;
• ambush elections within 20 business days;
• a 10-day time period for the employer and union to begin negotiating following a representation election; and
• civil penalties, increased damages, and employees’ right to seek remedies in court if the employer violates the NLRA.

Hawley and the Teamsters are sharing the framework with Senate offices, looking for additional support. Hawley’s comment to the press regarding the framework was that he “look[s] forward to advancing meaningful legislation for working people this Congress.” While it’s difficult to weigh in on the consequences of the proposal without seeing actual legislative text, these concepts could trigger First and Seventh Amendment concerns.

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Higher OSHA Penalties Kick-in This Week The Department of Labor last week announced its annual inflation adjustments to OSHA civil penalties for 2025, taking effect for violations issued on or after Jan. 15, 2025. Below are the maximum penalty amounts:


 

·       State plan workplace safety agencies are required to increase their maximum penalties in alignment with OSHA’s penalty increases to maintain at least as effective penalty levels.

·       Other DOL civil penalties are similarly increasing. More information can be found in the final rule.

READ MORE

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SOMAH Decision Workshop, February 11, 2025, 1:00 p.m. - 3:00 p.m. PT The SOMAH Program will host a workshop in compliance with the California Public Utilities Commission’s (CPUC) Final Decision D.24-11-006. This workshop will provide an opportunity to explore upcoming program changes and engage in discussions on key topics, including:

·      New incentive levels for paired storage systems

·      Potential impacts on tenant benefits, budgets, and SOMAH goals

·      Updated safety rules for storage installations

·      Alignment with SGIP rules and incentives

·      Opportunities for prior SOMAH applicants to enhance existing systems with storage

·      Strategies to achieve SOMAH’s 300 MW target

Register

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Former EEOC Commissioner and Acting WHD Administrator Announced as Pick for Deputy Secretary of Labor On January 14, 2025, President-elect Trump named former U.S. Equal Employment Opportunity Commission (EEOC) Commissioner Keith Sonderling as his pick for deputy secretary of the U.S. Department of Labor (DOL). This is a significant appointment as it places an experienced labor and employment attorney, who has served in both the EEOC and DOL, as second-in-command under the previously announced Secretary of Labor pick Lori Chavez-DeRemer. Sonderling began his career as a management-side labor and employment attorney in his native state of Florida. After spending nearly 10 years in the private sector, he joined the DOL in the first Trump administration. There he held several roles, most notably serving as the acting and deputy administrator of the Wage and Hour Division (WHD). In 2020, Sonderling was tapped to become one of five commissioners at the EEOC. He was strongly supported by the business community and confirmed by the U.S. Senate with bipartisan support. He finished his tenure at the EEOC in August of 2024. Story

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Lawsuits Dangle Compensation Lure to California Wildfire Victims While the cause of the Southern California wildfires is still under investigation, several lawsuits have been filed claiming utility equipment is responsible for one of the largest blazes. Attorneys working with ClassAction.org are now looking to file a class action lawsuit on behalf of people who were injured by or suffered losses due to the wildfires, including the Palisades, Eaton, Kenneth, Hurst, Lidia and Sunset fires. Those who were forced to evacuate, who were injured, whose homes were damaged, whose businesses were impacted, or had a sleepless night because they worried about fires may be able to take action. Looters gotta loot!

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Higher Electricity Costs Expected Electricity bills in California — already among the nation’s highest — could soon skyrocket. In addition to killing two dozen people and destroying at least 12,000 structures, the devastating wildfires in Los Angeles have also damaged the region’s electrical system, writes Politico. “Ultimately, ratepayers will foot the bill,” said Travis Miller, a utilities analyst at Morningstar. And that is just one of the expected costs to residents. “Customers face a triple whammy here, with potentially higher insurance costs, higher utility bills and the recovery from property damage they suffered,” Miller said. The total damage from the fires is expected to rise north of $250 billion—making it one of the nation’s costliest disasters.

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Cal/OSHA’s Workplace Violence Plan Since July 2024, California employers have been working under the requirements of SB 553 for workplace violence (WPV) prevention. After several years of planning to enact a new Cal/OSHA regulation, the Division of Occupational Safety and Health will take the next steps in the new year to combine the law with its own vision. That work officially begins on January 24th, 2025, with an advisory committee meeting via video conference. SB 553 requires DOSH to forward a rulemaking proposal to the Standards Board by the end of 2025. The Board must adopt a regulation by the end of 2026.

What Does the 2024 Election Mean for Contractors? With the holidays behind us and the inauguration ahead, some business owners and managers wonder what the election means for the next few years. I have highlighted several key things WECA Government Relations will be focused on:

Cabinet Appointments Some were surprised when President-elect Trump (hereafter referred to as DJT) announced that the girlfriend (ex-girlfriend?) of Don Jr., Kimberley Guilfoyle, would become Ambassador to Greece. Having a dad in the White House comes in handy when it’s time to change your dance card, as Don Jr. seems to have moved on—much like Gavin Newsom did when he divorced Guilfoyle in 2006. More troubling is DJT’s announcement that former one-term Oregon Representative Lori Chavéz-DeRemer would be Secretary of Labor. Chavéz-DeRemer served as mayor of Happy Valley, Oregon, from 2011 to 2019. She is the first Republican woman to represent Oregon in the House. Voters in Oregon’s 5^th district had second thoughts and replaced Chavéz-DeRemer with Democrat Janelle Bynum in November. The race was considered one of the most competitive in the US House and drew more than $26 million in outside spending. The race was called for Bynum on Friday, November 8th. So, why the concern? Chavéz-DeRemer was often the lone Republican supporter of various pro-union bills in Congress, including the PRO Act (card check) and comes to the Trump camp with strong union support, and healthy skepticism from business groups, and Republicans.

PRO Act/Card Check As mentioned above, Chavéz-DeRemer didn’t just support the PRO Act, but cosponsored it. Additionally, Missouri Senator Josh Hawley recently offered that he wants to see a business-friendly PRO Act. He didn’t explain what that meant, but Hawley said that he no longer supported right to work—which bars unions and employers from requiring workers to pay dues as a condition of employment. This was a significant change for Hawley, who backed the policy when he was running for office in 2016. And it’s part of a broader attempt by the Republican incumbent to appeal to union members in the run-up to the Nov. 5 election. “If those people don’t pay dues but get the benefit of the contract, that’s not fair,” Hawley said.

Tariffs DJT has announced across the board tariffs on “day one.” As Construction Dive observed, “For commercial builders and their clients, that could spell major price hikes. While much about the plan remains uncertain, industry leaders are already bracing for its potential impact. The scale of the tariffs—and how rigorously they are enforced—will determine how deeply construction is affected. Broad enforcement could disrupt construction by increasing the costs of materials from specific countries, potentially delaying or deferring projects altogether. Products imported from China, including lower-cost commodity items such as certain metals, coatings, plumbing components and HVAC parts, could see significant price increases.”

“Heading into 2025 it’s unclear if prices will remain so well-behaved,” said Anirban Basu, chief economist of the ABC, in a statement. “The next administration’s trade policy increases uncertainty regarding construction materials costs. Beyond the implications of potential tariffs, input prices may rise in the short term if purchases rush to import materials prior to the implementation of those policies,” he added. “Construction is more reliant than most industries on imported materials, parts and components,” said Ken Simonson, the top economist for AGC. “Because the industry is so diverse and obtains materials mainly through intermediaries rather than importing directly, it’s impossible to estimate the share of construction purchases that go for imports. Also, it varies by location as to whether contractors are using domestically sourced or imported materials such as lumber, steel or cement,” he added. Simonson recalled when then-President Trump enacted 25% tariffs on steel and 10% on aluminum, which was followed by domestic producers raising prices and contractors experiencing supply chain problems. It’s not clear yet which items will be subject to tariffs and the effects, but another danger is the knock-on effects as other countries threaten to enact their own tariffs in retaliation, he added. “Both the tariff-induced price increases and the responses are likely to be damaging to construction firms and to the demand for construction,” Simonson said.

Deportations In Texas, California, New Jersey and the District of Columbia, immigrants make up more than half of construction trade workers, according to Riordan Frost, a senior research analyst at the Harvard Joint Center for Housing Studies. Undocumented workers make up an estimated 13% of the construction industry—more than twice that of the overall workforce, according to a recent estimate from Pew Research Center.  Trump, a former real-estate developer himself, has said he would support the construction industry by easing regulations and allowing more building on federal land. But many economists and builders say the loss of the immigrant workforce would drive up the cost of wages for some positions and leave others unfilled. What should California contractors do? A Google search returns many suggestions, but all business owners should consult with California-based attorneys with immigration knowledge and subs should consider a conversation with your GCs about site access and their rights and responsibilities.

PLAs President George W. Bush issued two executive orders related to a prohibition on federal funding for construction contracts that included a requirement for contractors to sign a Project Labor Agreement with trade unions. The first executive order—Presidential Executive Order 13202, signed on February 17, 2001—received national news coverage and Congressional attention. Long-time merit shop supporter Kevin Dayton wrote about these EO’s in 2017.

On February 6, 2009, President Obama issued Executive Order 13502, Use of Project Labor Agreements for Federal Construction Projects (“EO 13502”). The Executive Order encouraged federal agencies to use union-only project labor agreements (“PLAs”) on construction projects, the cost of which exceeds $25 million.

In his first term, President Trump, unlike his Republican predecessor, took no action to repeal 13502. Instead, agency heads took not-widespread action to require PLAs on their projects. This changed in February 2022 when President Joe Biden issued EO 14063, which required federal agencies to “use project labor agreements in large-scale construction projects to promote economy and efficiency in the administration and completion of Federal construction projects.” The rule defines a large-scale construction project as a “federal construction project within the United States for which the total estimated cost of the construction contract to the Federal Government is $35 million or more.”

So, what will President Trump do in 2025? Will he repeal 14063? That may not suffice inasmuch as the Biden administration took additional steps to enforce the EO by issuing new regulations that won’t be automatically repealed by a new EO.

Apprenticeship, Workforce Development The National Apprenticeship Act of 1937 (also known as the Fitzgerald Act), established the Department of Labor's role to safeguard the welfare of apprentices, ensure equality of access to apprenticeship programs, and provide integrated employment and training information to sponsors. Many believed the Act was outdated and on February 5, the House of Representatives passed H.R. 447, the National Apprenticeship Act of 2021, reauthorizing the 1937 program. The bill died in the Senate. The 118^th Congress tried again in 2023 with H.R. 2851 and S. 2122, but neither advanced. Will Chavéz-DeRemer and President Trump make renewal a priority?

WIOA Reauthorization The Workforce Innovation and Opportunity Act (WIOA) expired in 2020, leaving workforce development agencies in a state of limbo. Federal funding for workforce programs has declined by 45% over the past two decades, and in the absence of updates, workforce systems are struggling to meet the economic and employment challenges of today. Despite bipartisan support, differences between House and Senate proposals and tight legislative timelines have delayed reauthorization since WIOA expired in 2020. A bipartisan compromise bill will be in play but faces hurdles for passage. Impact of New Congressional Leadership in 2025: Rep. Tim Walberg (R-MI) will replace Rep. Virginia Foxx (R-NC) as chair of the House Education and Workforce Committee. This leadership shift, coupled with competing legislative priorities, could further complicate reauthorization efforts. Politico reported that a bipartisan deal to reshape WIOA was a casualty of the conservative-led revolt over a temporary funding package that fell apart late last year. “Language reauthorizing the Workforce Innovation and Opportunity Act, known as the A Stronger Workforce for America Act, was excluded from the slimmed down bundle brokered by House Republicans, according to the bill’s text. The legislation had been included in a vastly more expansive $100 billion package that was loaded with policy items that went beyond continuing to fund the government until next March. Those add-ons drew opprobrium from conservatives online, Elon Musk, and ultimately President-elect Donald Trump. Trump appeared to bless the newer package unveiled Thursday, which includes an extension of the debt limit he demanded, though it remains to be seen whether it can ultimately pass Congress.”

Why is WIOA reauthorization important to California contractors? California law that regulates how the state spends WIOA grants for pre-apprenticeship training in the building and construction trades fund programs and services must “follow the Multi-Craft Core Curriculum implemented by the State Department of Education for its pilot project with California Partnership Academies.” Who controls the Multi-Craft Core Curriculum? The State Building and Construction Trades Council!

2026 Election And because the 2024 election is just over, WECA Government Relations is already looking ahead to 2026 (as we assume so is everyone else who enjoys politics). Obviously. The party in the White House historically loses ground in mid-term elections, but will this trend continue? If it does, it could make the next two years of President Trump’s second term more difficult. It will also be the election for Governor of California with Gavin Newsom termed out. Senate Candidate Katie Porter is preparing to run and many on the left believe that soon to be ex-vice president Kamala Harris would be an excellent Governor candidate; many Republicans agree and would enjoy her being nominated. Lt. Gov. Eleni Kounalakis has suggested her background as a housing developer as uniquely preparing her to help California build its way out of an affordability crisis. Superintendent of Public Instruction Tony Thurmond, who grew up relying on public assistance, said he would fight for working people. Former Controller Betty Yee asked voters to consider her nearly 40 years in public service taking on big interests and solving problems. Former state Senate leader Toni Atkins said she was the candidate most ready to hit the ground running on day one, because of her record of accomplishment on all these issues in the Legislature. Former Los Angeles Mayor Antonio Villaraigosa, who tried tacking to the center in an unsuccessful gubernatorial bid against Newsom in 2018, is also thinking about the race. At least two top Democrats are reportedly still considering whether to enter the race later: Attorney General Rob Bonta and U.S. Health and Human Services Secretary Xavier Becerra.

Also, in the mix: Stephen Cloobeck, who made his fortune selling timeshares. He sold the firm in 2016. This is Cloobeck’s first run for public office, but not his first foray into politics. Cloobeck is a longtime donor and fundraiser for Democrats and philanthropic causes. He backed Gov. Gavin Newsom and former Los Angeles Mayor Antonio Villaraigosa in the 2018 California governor’s race, along with former federal prosecutor Nathan Hochman’s successful bid for Los Angeles County district attorney in the 2024 election.

Among Republicans thinking about the race: Chad Bianco, Riverside County Sheriff; Lanhee Chen, Stanford University professor and public policy expert; Brian Dahle, former state senator, and Steve Hilton, conservative commentator.

It will be a busy year!

Payback is a Bitch State lawmakers dealt California's card room industry a bad hand, passing legislation that allows its competitor, tribal casinos, to sue card rooms. As payback, card rooms spent millions of dollars to oppose four lawmakers who were key to the law's passage - and three lost their races.

As CalMatters explained, card rooms spent more than $3 million targeting four legislators:

·        Josh Newman of Fullerton, who lost his Senate seat;

·        Evan Low of Cupertino, who lost a race for Congress;

·        Brian Maienschein, who unsuccessfully ran for San Diego city attorney;

·        Republican Assemblymember Laurie Davies of Oceanside, who won reelection by only 3,870 votes (out of a total of 230,546 votes).

The defeat of Newman, who introduced the card room bill, is notable given that he was an incumbent Democrat who lost to a Republican, marking the first time since 1980 that a GOP lawmaker flipped a Democratic Senate seat in a presidential election. He was also targeted by a typically Democratic-friendly University of California workers union after he did not support a bill it backed in the Legislature. But in doing so, the union may have helped elect a Republican who has a history of opposing organized labor. Newman has already formed a campaign committee to run again in 2026. Story

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New Notice Published to Comply with Labor Code Section 1102.8 Pursuant to Assembly Bill (AB 2299), the Labor Commissioner was required to develop a model list of employee rights and responsibilities under existing whistleblower laws. The Labor Commissioner had previously issued a sample notice which included a disclaimer that the Labor Commissioner did not guarantee its posting fulfilled the requirements of California law. Recently, the Labor Commissioner published an updated notice and confirmed this notice meets the requirements of Labor Code section 1102.8(a)-(b). Employers should ensure they are using the updated notice effective January 1, 2025. More

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Former Amazon Exec Reportedly Eyed to Lead Trump’s OSHA

• Multiple news outlets have reported that former Amazon executive Heather MacDougall is among those under consideration to run OSHA.
• However, the reports also noted that there is no indication that President-elect Donald Trump’s transition team has begun to seriously consider candidates for the role.
• According to the reports, MacDougall oversaw workplace health and safety at Amazon, the country’s second-largest private employer, from 2019 to 2022. During that period, Amazon faced criticism from workers, labor advocates and some lawmakers for high injury rates and its coronavirus response in warehouses.
• Amazon said in July that the company’s recordable injury rate has improved significantly since 2019. More

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California Updates Paid Sick Leave FAQs: What Employers Need to Know The California Department of Industrial Relations (DIR) has released updated guidance clarifying how the state’s latest statutory enactments will impact employers’ paid sick leave obligations.  Specifically, as we reported here, Assembly Bill (AB) 2499 and Senate Bill (SB) 1105 expand the permissible reasons for which employees can use paid sick leave. The updated FAQs now explain that, in addition to existing uses of paid sick leave, employees may take paid sick leave for other reasons. Story

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Senate Rejects Lauren McFerran’s Nomination to the NLRB On December 11, 2024, the Senate voted against ending debate on the nomination of Lauren McFerran to serve another term on the National Labor Relations Board. The final vote was 49-50. Two Senators who caucus with the Democrats voted against the nomination - Joe Manchin (I-WV) and Kirsten Sinema (I-AZ). Senator Roger Marshall (R-KS) did not vote. This is seen as a major win for the business community. McFerran’s tenure as Chair of the Board throughout the Biden administration has included severe criticisms from federal courts, Congress, and the Board’s own Office of the Inspector General. Moreover, the policies she has pursued while leading the agency have been rejected by the courts and Congress on a bipartisan basis. If confirmed, McFerran would have locked in Democratic control over the NLRB until August 2026, essentially blocking President-Elect Trump from controlling the agency’s policy agenda for over a year and a half into his second term in office. The Board will now remain with a 2-1 Democratic majority until President-Elect Trump nominates – and the Senate confirms – two new Board members to fill the current vacancies.

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Trump Throws Support Behind Longshoremen's Union in Port Automation Dispute With an economy-crippling strike expected to resume at East and Gulf Coast ports on January 15th—a mere five days before President-elect Trump returns to the White House—Trump announced his support for the International Longshoremen’s Association in its fight against automation with the U.S. Maritime Alliance (USMX). In a Truth Social post on Thursday evening, Trump announced that he had met with ILA President Harold Daggett and his son, ILA Executive Vice President Dennis Daggett, and announced his support for the union and its members. “I’ve studied automation and know just about everything there is to know about it,” Trump stated on Thursday. “The amount of money saved is nowhere near the distress, hurt, and harm it causes for American Workers, in this case, our Longshoremen.” Read Trump’s post in full here.

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96.5% of New Jobs in California Were Government Jobs The Hoover Institution reported, "It is well known that California has been among the worst-performing states in the country in terms of job growth. But the latest statistics show that nearly all jobs that are being created in California are government jobs. Between January 2022 and June 2024, total California jobs grew by about 156,000, with government jobs accounting for 96.5 percent of that growth." Please click here to read the full article.

California Adopts New Lead Exposure Regulations

On February 15, 2024, the Occupational Safety and Health Standards Board voted to approve proposed amendments to Cal/OSHA’s Lead Standards (California Code of Regulations (CCR), Title 8 (T8), Sections 1532.1 (for the Construction Industry) and 5198 (for General Industry).

The approved amendments for T8 CCR 1532.1 and T8 CCR 5198 were filed with the California Secretary of State on April 8, 2024, and will be enforced starting January 1, 2025.

Employers should review their existing procedures and programs and the guidance resources provided by the State to ensure that workers are protected.

The Cal/OSHA webpage only provides an overview — not all the requirements — of T8 CCR sections 1532.1, 5155, and 5198. The information provided is not meant to be a substitute for, nor a legal interpretation of, the regulations. Readers are cautioned to refer directly to sections 1532.1 and 5198 for detailed information regarding the regulation's scope, specifications, exceptions, and other requirements that may apply to their operations.

The website includes specific Occupational Lead Exposure Prevention for the Construction Industry:

• Cal/OSHA Occupational Lead Exposure Prevention in the Construction Industry – New information and materials related to the Cal/OSHA Lead in Construction standard.
• Lead Work Notification – New information on lead work notification.
• Lead Exposure Assessment & Incident Reporting – New information on reporting lead exposure.
• Educational Materials and Other Resources – New fact sheets, videos and fillable written safety plans.
• Coming soon will be Frequently Asked Questions About Lead in Construction – FAQs on Occupational Lead in Construction Industry and more.

WECA will provide updates as they become available.

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Elections Have Consequences, and How! [From various sources including Labor Union News]

Following President-Elect Trump’s pick of Lori Chavez-DeRemer — a one-term, pro-union Republican member of the House of Representatives — as his Secretary of Labor at the urging of Teamsters president Sean O’Brien, Bloomberg’s Josh Eidelson penned a piece about the nomination recently. While the article itself covered her nomination overall, many readers may have missed a one-line statement about the now (presumably) doomed Protecting the Right to Organize Act (aka PRO Act), which is this:

The bill went nowhere in the Republican-controlled House and fared little better in the narrowly Democratic Senate, though the Teamsters are working with US Senator Josh Hawley of Missouri, a Trump ally, to develop a more GOP-friendly alternative.

If a more “GOP-friendly alternative” to the PRO Act exists, it is hard to see where.

As written, the PRO Act has many provisions that are anathema to most of the business community and millions of Americans who earn their living as independent contractors.

Within the existing version of the PRO Act are such provisions as:

·        The elimination of "right-to-work” states, which would require millions of workers to pay union dues or agency fees or be fired from their jobs

·        Dictating wages and benefits upon unionized private-sector businesses through government-mandated arbitration 120 days after becoming unionized.

·        Foisting the so-called ABC Test on independent contractors and the businesses that use them. The ABC Test is what California’s AB5 codified in 2020 (when it went into effect), resulting in thousands of independent contractors in California losing their income. If put into effect at the national level, it may, in practical terms, "kill” the gig economy.

·        Allow unions to unionize so-called “micro-units” (such as an employer’s individual departments or specific job classifications)

·        Change the definition of “joint employment” and force businesses, including franchisors and franchisees, to alter their structures or face liability

There is more to the PRO Act than that which is listed above.

However, regardless of politics, it seems almost impossible for a compromise bill that would please Mr. O’Brien and his union cohorts and be “GOP-friendly” to the extent that it will not cause injury to businesses and the American workforce.

Engineering News-Record took a slightly less jaundiced view of Chavez-DeRemer, calling her a “US Lawmaker With Bipartisan Voting Record.” Their article quoted House GOP Whip Tom Emmer (R-Minn.) who praised the nomination, posting on social media that “Lori will be a fierce advocate for our country’s incredible workforce as she executes” the incoming administration’s agenda. And Mark Takano (D-Calif.) also praised the nomination, saying "I served with her on the House Committee on Education and the Workforce and her support of the Protecting the Right to Organize Act is indicative of her willingness to stand with working men and women.” However, ABC, one of the few construction trade groups that endorsed Trump, raised the nominee’s support for pro-union policy as a concern. “We are interested in understanding Rep. Lori Chavez-DeRemer’s views on the Protecting the Right to Organize Act and other issues ... as she embarks on her confirmation process,” Kristen Swearingen, vice president of legislative and political affairs, said. ABC-affiliated Coalition for a Democratic Workplace stated alarm over the appointment.

CDR narrowly lost a swing seat in Oregon in November but, according to the San Joaquin Valley Sun, “managed to wow the 45th and 47th President in an interview at Mar-A-Lago, simultaneously picking up critical endorsement from a surprising corner: the International Brotherhood of Teamsters.”

The appointment is also a surprise win for the San Joaquin Valley, with Chavez-DeRemer's longtime ties to the region – including her alma mater Fresno State – getting national play heading into Trump's return to Washington.

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Workers Compensation Mandate: Change in 2025?

Roofers have been mandated to have workers comp for many years, but recently, the legislature amended Business and Professions Code (BPC) §7125 to require additional contractors to always have a certificate of workers’ compensation (WC) insurance or certificate of exemption on file with the CSLB as a condition of licensure. A contractor may file an exemption if they certify they have no employees. Five license classifications are precluded from filing an exemption. They must have WC on file regardless of whether they have employees (C-8 Concrete, C-20 Warm-Air Heating, Ventilating and Air-Conditioning, C-22 Asbestos Abatement, C-39 Roofing, and D-49 Tree Service contractors). All licensees, regardless of classification or whether they have employees, will be required to hold WC insurance beginning January 1, 2028. But a change may occur in 2025. More

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Labor Department Releases Guide to Combat Harassment in Construction

• The U.S. Department of Labor has released a new guide focused on combatting harassment in construction.
• Issued by DOL’s Office of Federal Contract Compliance Programs (OFCCP), the guide is aimed at helping federal contractors understand the agency’s jurisdiction, clarifying what constitutes harassment and providing information to workers who may experience harassment, OFCCP announced Nov. 21.
• The agency had been planning to release the guide for several months as part of the White House’s National Strategy on Gender Equity and Equality, a DOL spokesperson told Construction Dive. “OFCCP developed this guide for employers and workers because harassment in construction remains a common issue,” the spokesperson said via email.

More

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What to Do If Immigration Agents Come to Your Job Site Last month, President-elect Donald Trump named Tom Homan, former acting head of Immigration and Customs Enforcement, as his “border czar.” Homan has promised that the incoming administration will increase workplace raids as part of its broader immigration plan. It’s not clear yet which industries would be most affected, but there are clues from Trump’s first term. More

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OFCCP Reinstates the Federal Government Construction Contractor and Subcontractor Monthly Employment Utilization Reports On November 25, 2024, the Office of Federal Contract Compliance Programs (OFCCP) announced it was reinstating the revised Monthly Employment Utilization Report (CC-257). Employers with a federal construction contract or subcontract and/or federally assisted construction contract or subcontract in excess of $10,000 must complete and submit monthly Form CC-257 reports to OFCCP. The first report will cover the calendar month of March 2025 and is due April 15, 2025. More

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Wage theft in construction? CalMatters reports “Attorney General Rob Bonta is getting tough on wage theft on behalf of allies in organized labor. At a [recent] press conference in Los Angeles, Bonta announced a felony complaint against US Framing West, a Kentucky-based wood framing company, and two of its employees, alleging 31 counts of grand theft, payroll tax evasion, prevailing wage theft, and filing false documents. Bonta: “For some reason, US Framing West seems to think it can operate outside the prevailing wage laws of California. I’m here with a simple message: They cannot. No company can.” As CalMatters Inland Empire reporter Deborah Brennan explains, US Framing West secured several jobs on large construction projects in California between 2018 and 2022, subcontracting out the labor to unlicensed operators who allegedly underpaid workers by tens of thousands of dollars. Bonta also accused the company of failing to pay more than $2.5 million in state payroll taxes over that period. Notably, the case came to the attorney general’s office through complaints from construction unions. Lorena Gonzalez, president of the California Labor Federation, appeared alongside Bonta at Tuesday’s press conference, where she called for jail time for wage theft violations. Tending to that relationship is smart politics for Bonta, who is expected to soon enter the 2026 race for governor. In an already crowded and largely undefined field, winning the backing of organized labor could offer a significant boost.

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Overturning Precedent: NLRB’s Game Changing Decisions and the Impact on Employers This podcast features an in-depth discussion with Littler attorneys Maura Mastrony and Jonathan Levine about recent decisions from the National Labor Relations Board that overturned decades of precedent and what employers might expect moving forward. Podcast

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District Court Vacates Biden’s Overtime Final Rule On November 15, the U.S. District Court for the Eastern District of Texas vacated and set aside the Department of Labor’s (DOL) overtime final rule. The rule is now invalidated nationwide. The final rule made three changes to the overtime regulations, all of which are more fully explored in a previous post:

·        Increased the minimum salary threshold and highly compensated employee (HCE) threshold on July 1, 2024;

·        Increased the thresholds again on January 1, 2025; and

·        Implemented triennial automatic updates to both thresholds.

The decision vacated all three provisions.

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New Face at the Contractors State Licensing Board: Josef Preciado, Sacramento, Democrat, economic and small business representative III at Sacramento Municipal Utilities District since 2024. Salary: $100 per diem.

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California Law Imposes New Disclosure Obligations on Employers Conducting Voluntary Child Labor Audits On September 22, 2024, California Governor Gavin Newsom signed into law Assembly Bill 3234 (“AB 3234”), which requires employers to disclose the results of audits on child labor practices. Specifically, effective January 1, 2025, AB 3234 requires employers that “voluntarily” conduct a “social compliance audit” to determine whether child labor is involved in the employer’s “operations or practices” to publish the audit findings on the company website. AB 3234 offers very little guidance on these disclosure duties. Indeed, it leaves critical compliance details unclear, including, for example, the deadline for posting reports after an audit, the jurisdictional scope of where the audits occurred, how long the report must remain online, and any penalties for non-compliance. We may see guidance from the California Labor Commissioner clarifying these and other unclear points. Until then, employers will face the difficult task of complying with an ambiguous law. More

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The Power of Money in Politics A courageous Foster City councilmember recently wrote about tainted government. He observed, “We can learn firsthand the value or return on investment that can be gained by special interest groups that fill coffers of political candidates. Construction trades are heavily involved financially in political elections, even at the local level. Let’s be honest, endorsements and financial support given by special interests come with an expectation. To think otherwise is simply naive.” Article

Gavin Newsom Convenes Legislative Session to Resist Trump Governor Gavin Newsom announced Thursday that he is calling a special session of the Legislature to strengthen the state’s legal defenses against President-elect Donald Trump. Newsom said Trump’s campaign statements and first-term policies on abortion, electric vehicles, immigration, and disaster aid warranted immediate legislative powers ahead of lawmakers' planned return to Sacramento. Lawmakers are already scheduled to return to Sacramento at the start of December to prepare for next year's session. Newsom's proclamation calls explicitly for the special session to authorize more funding for Attorney General Rob Bonta and state agencies to combat Trump's actions. Newsom billed it “the first of several actions” he and lawmakers would take against Trump. Legislative leaders issued statements in lockstep with the governor. “California has come too far and accomplished too much to simply surrender and accept his dystopian vision for America,” state Senate President Pro Tem Mike McGuire said in a statement. “Voters sent a clear message this election, and we need to lean in and listen,” Assembly Speaker Robert Rivas said. “But we also must be prepared to defend California values, no matter the challenges ahead.”

California Business Roundtable President Rob Lapsley issued the following statement in response to the special session: 

“On Election Day, California voters rejected attacks on Prop. 13 (Prop. 5), rejected increasing the minimum wage (Prop. 32) and rejected attempts to drive up the cost of housing even higher (Prop. 33). Cost of living was clearly on voters’ minds not just in California, but across the nation, and voters are demanding that leaders focus on affordability first. [A] special session should focus on addressing issues like the imminent gas price increase through the state’s renewal of the Low Carbon Fuel Standard, the 108% increase in residential electricity prices since 2010, the ongoing homeowner’s insurance crisis, the ongoing housing crisis, and other costs directly affecting family budgets and Californians’ ability to live and thrive in this great state.”

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Four Employment Actions to Expect Under a Second Trump Presidency Littler predicts the new Trump administration will have at least four fundamental policy shifts starting inauguration day.

1.     Immigration enforcement raids will be back on the table.

2.     Agency chairs will be replaced.

3.     Regulatory activity will slow considerably.

4.     Limitations on DEI could be put in place.

Story

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Election News

California State-Wide Race

Adam Schiff Easily Wins U.S. Senate Schiff, a Burbank Democrat, cruised to victory in California’s U.S. Senate race against Steve Garvey, a former Los Angeles Dodger/ San Diego Padre seeking to become the first Republican elected statewide in 18 years. Schiff won a six-year term to replace Sen. Laphonza Butler, who opted not to run herself after she was appointed following the death of Dianne Feinstein, who held the seat for more than 30 years. Schiff also defeated Garvey in a separate but simultaneous race to fill the remainder of Feinstein’s term, which expires in early January. That gives him a head start in seniority over other newly elected U.S. senators.

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California District Races

California’s 41st Congressional District The highly competitive U.S. House race in Riverside County between Republican Rep. Ken Calvert, the longest-serving GOP member of California’s congressional delegation, and Democrat Will Rollins, a former federal prosecutor, is still too close to call. The race between Calvert and Rollins to represent California’s 41st Congressional District, which stretches from the sprawling city of Corona to the resorts and golf courses of the Coachella Valley, had been considered a toss-up. It was one of several California races seen as influential in determining which party will control the U.S. House of Representatives next year. At press time, Calvert leads by 2-1/2% (7,000 votes).

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47th Congressional District The race between Republican Scott Baugh and Democratic State Sen. Dave Min for the open House seat in coastal Orange County remains too close to call as votes continue to be counted. California’s 47th Congressional District is currently held by Democratic Rep. Katie Porter, who will be leaving Congress in January. Her decision not to seek reelection and to run for the U.S. Senate, a bid that fell short in the March primary, kicked off a passionate competition to replace her. Porter narrowly beat back a challenge by Baugh in 2022. At press time, Baugh leads by .4% (1,200 votes).

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49th Congressional District The race between Democratic Rep. Mike Levin and his Republican challenger Matt Gunderson for California’s 49th Congressional District in San Diego and Orange counties remains too close to call. The 49th District was one of six tight congressional races in California that could help determine which party controls the U.S. House of Representatives. Last month, the Cook Political Report moved the district race from “likely Democratic” to “leaning Democratic,” a sign of the concerted effort by Republicans to flip blue seats. At press time, Levin leads by 2% (5,200 votes).

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45th Congressional District The competitive race between Republican Rep. Michelle Steel and Democratic challenger Derek Tran for an Orange County swing district remains too close to call. Steel, 69, and Tran, 44, went head-to-head in one of the nation’s tightest contests for the U.S. House of Representatives. At press time, Steel leads by 4% (10,200 votes).

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13th Congressional District Once again, Rep. John Duarte (R–Modesto) and former Asm. Adam Gray (D–Merced) are locked in a close battle for the 13th District. Duarte won the race two years ago by less than 600 votes and has a cushion of over 3,000 (2.8%) at press time. 

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22nd Congressional District Rep. David Valadao (R–Hanford) won his seat against former Asm. Rudy Salas (D–Bakersfield) two years ago by three points. Valadao has jumped out to a significant 10% (10,000) lead in the 22nd District, but incoming votes from Kern County could tighten the race in the coming weeks.

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9th Congressional District Initial returns prove that Stockton Mayor Kevin Lincoln could defeat Rep. Josh Harder (D–Tracy) despite Democrats holding an 11-point advantage in voter registration in the 9th District. At press time, Harder leads by 1.4% (2,000 votes).

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21st Congressional District Rep. Jim Costa (D–Fresno) has the advantage of being in a district that favors Democrats by nearly 14 points. However, challenger Michael Maher is only around 1,000 (.8%) votes behind Costa, seeking his 11th term in Congress. The last time Costa came close to losing was in 2014 when he bested Johnny Tacherra by 1.4 points. 

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8th Assembly District Former Congressman George Radanovich (R) and David Tangipa (R) are running in this open seat. Tangipa leads by 8,000 votes at press time (5%).

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32nd Assembly District In this interesting race, Congressman Vince Fong was re-elected to his former Assembly seat and won re-election to his house seat. Since he can’t hold both seats, a special election will be held in 2025.

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75^th Assembly District Former San Diego City Councilman Carl DeMaio, who toured the San Diego WECA facilities earlier this year, won big in his race for the California State Assembly. DeMaio’s 60%-40% win will send a bold, articulate, passionate defender of free enterprise to a building that could benefit from that knowledge.

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19^th Senate District State Senator Rosilicie Ochoa Bogh will defeat Councilmember Lisa Middleton, who voted to pass a PLA at the City of Palm Springs, as a springboard for higher office. It doesn’t appear to have worked, as Ochoa Bogh leads 53.3% to 46.7%, with a lead of over 16,000 votes. Senator Ochoa Bogh visited our WECA Training Facilities in Riverside last year.

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Orange County Supervisor Senator Janet Nguyen, a great supporter of the merit shop in the State Assembly, State Senate, and as a former County Supervisor, will return to the Board with WECA’s support; Nguyen cruised to a 63% to 36% victory to replace Orange County Supervisor Andrew Do, who resigned last month and pled guilty to accepting more than $550,000 in bribes to direct millions of dollars meant for COVID relief during the pandemic to a family-connected nonprofit.

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In Irvine, WECA-supported candidate John Park is leading in his race by only 91 votes! You might remember John Park’s visit to the OC Ironworkers HQ with Assemblyman Phillip Chen earlier this year. (Park refused to sign their PLA pledge.) But if that holds, we might pick up two seats and re-elect our one Irvine Councilman who voted against the PLA, Mike Carroll. So, Mike Carroll was re-elected to Irvine City Council, District 4. In District 3, WECA-supported candidate James Mai is going to win. That is a pickup for the merit shop. Because Democrat Farrah Khan did not run for re-election after losing her bid to move up to OC Supervisor and because Tammy Kim ran against Larry Agran for Mayor, we ended up retiring two Councilmembers who voted for the PLA. They replaced Farrah Khan and Tammy Kim, who voted for the PLA. Larry Agran also voted for the PLA, but still won to replace Farrah Khan as Mayor.

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In Costa Mesa, WECA supported candidate Jeff Pettis (who you might remember from his YouTube videos about the union donations behind the Council pushing for a PLA), leading in his race with only 287 votes! But if that holds, we might pick up a seat and defeat Democrat Councilman Jeff Harlan, who voted for the PLA in the city. So did Mayor John Stephens, but he looks like he will win against James Peters, who we supported. He has a 1200+ lead right now. And it looks like we will replace our one anti-PLA vote with another anti-PLA, pro-merit shop candidate, with Mike Buley replacing Don Harper, who chose not to run for re-election.

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Fresno County Board of Supervisors There will also be two new Fresno County Supervisors, with challengers defeating incumbents. On election night, Garry Bredefeld, current Fresno City Councilmember, defeated Supervisor Steve Brandau. Supervisor Sal Quintero lost his race to challenger and Fresno City Councilmember Luiz Chavez.

District 2

Steve Brandau (Inc.)                                         21,778              43.55%

Garry Bredefeld                                                27,964              55.92%

District 3

Sal Quintero (Inc.)                                            9,947                45.20%

Luis Chavez                                                   11,961               54.35%

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Kern County Board of Supervisors, District 2

Candidate                                                          Votes               Percent

Kelly Carden Jr.                                                2,670                10.13%

Dale Cisneros                                                    5,553                21.07%

Ben Dewell                                                       3,021                11.46%

Pete Graff                                                         2,025                7.68%

Bernita Jenkins                                                  4,375                16.60%

Chris Parlier                                                      8,715                33.06%

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Fresno City Council, District 6

Candidate                                                          Votes               Percent

Roger Bonakdar                                                10,343              49.13%

Nick Richardson                                               10,662               50.65%

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Other States

Votes are still being tabulated in Arizona and Utah, but for now, here is how some races look.

·        Utah Senator John Curtis leads in election results with 62% of the vote. Caroline Gleich is in second with 32%. Congressmembers Blake Moore (01) and Celeste Maloy (02) are in the lead, with about 60% of the votes coming in.

·        Utah Governor Spencer Cox is also in a great position to win re-election with about 55% of the vote, and the closest opponent is currently at 30%.

·        Arizona has a big Senate race between Kari Lake and Ruben Gallego. Gallego is currently in the lead with 50.1%, a 52,000-vote lead.

·        Proposition 140 in Arizona would have called for open primary elections, but that measure failed.

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City Attorney: Perhaps experience matters – or at least experience that gets you a good ballot title does. Heather Ferbert, a chief deputy city attorney, sailed past Assemblymember Brian Maienschein in the San Diego City Attorney race. Ferbert led Maienschein by around 12 points early Wednesday morning. Though the race divided councilmembers, Maienschein had the support of most labor unions, the mayor, and the county’s Democratic party.

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Some Cities Convinced Voters to Pay More Taxes Several cities appear to have passed tax increases, but San Diego’s sales tax increase, Measure E, remains too close to call. As of 1 a.m., the county had “yes” at 49 percent of the vote – just more than 7,900 votes back out of more than 346,000 counted so far. With each count update, the yes side gained ground. All of San Diego’s City Councilmembers supported the proposed tax increase. So far, San Diegans are rejecting a countywide measure to raise the sales tax by half a cent to pay for transportation projects. But as of 1 a.m., the vote was too close to call with 52 percent of voters casting ballots against Measure G, and 48 percent in favor – a difference of 37,388 out of nearly 900,000 votes counted. 

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Please watch for our next bulletin back in this space on Thursday, December 5th. We wish you all a joyful holiday.



 

Where the 2024 Presidential Candidates Stand on Construction’s Top Issues As the 2024 presidential election nears, the platforms of the major parties’ candidates have emerged — and there’s no shortage of policy stances that affect construction execs. Following is a look at where former President Donald Trump and Vice President Kamala Harris — and, in some cases, their respective running mates, Ohio Sen. JD Vance and Minnesota Gov. Tim Walz — stand on issues impacting construction. Story

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A Labor Dispute Inside the Department of Labor? Acting Labor Secretary Julie Su—whom Politico dubs “the union whisperer” has been accused of “bad faith” by her staff’s union within the U.S. DOL. The American Federation of Government Employees (AFGE), which represents 7,500 Department of Labor employees through its National Council of Field Labor Locals (NCFLL), is “calling on the department to stop bad faith delay tactics and negotiate employee telework proposals in good faith.” Story

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California Coastal Commission’s Political Retribution Against Elon Musk I’ll admit that while I admire Musk’s apparent genius ability to build stuff that others can’t, he sometimes seems a little mercurial. That said, even GGN sided with Musk in a recent action at CCC. The Pacific Legal Foundation covers the story.

“On Tuesday, SpaceX founder and CEO Elon Musk filed a federal lawsuit against the California Coastal Commission. The past week has been a mix of successes and setbacks for Musk, who celebrated the victorious test flight of the SpaceX Starship rocket on Sunday, just days after the California Coastal Commission put the kibosh on plans to launch more rockets from the California coast. His lawsuit is challenging this decision and asks the court to bar the CCC from regulating the program.

The Falcon 9 rocket launch program has been enthusiastically supported by both the Air Force and Space Force, both of which assured the CCC that their respective organizations would closely monitor the impacts the rocket launches may have on nearby wildlife. The CCC’s official duties include overseeing ‘plans and regulates the use of land and water in the coastal zone.’ However, by their own admission, the decision to reject the Falcon 9 program appears to be less about wildlife concerns and more about Musk’s personal political opinions.

Citing a reason for their rejection, Commission Chair Caryl Hart stated, ‘We’re dealing with a company, the head of which has aggressively injected himself into the presidential race.’” Full story

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If Trump Wins, Will He Fire the NLRB's General Counsel on Day One? Peter List, Editor of Labor Union News, recently opined that “If Donald Trump wins the election, he could fire National Labor Relations Board General Counsel Jennifer Abruzzo on day one (Inauguration Day), just as Joe Biden fired Abruzzo’s predecessor Peter Robb on Inauguration Day in 2021. Ironically, if Trump were to win and subsequently fire Abruzzo, Abruzzo’s own legal arguments that the President of the United States can fire NLRB General Counsels may hamstring any arguments to stop her firing. ‘A unanimous three-judge panel of the 9th U.S. Circuit Court of Appeals said federal labor law only shields the five members of the board from being removed at will and not the general counsel, who acts as a prosecutor,’ Bloomberg reported last year. Though the US Supreme Court remanded the matter back to the Fifth Circuit for reconsideration in light of the recent end to the Chevron doctrine, the firing was also affirmed by the US Court of Appeals for the Sixth Circuit as recently as August. So, presuming the General Counsel’s position is not shielded from being fired “at will” (thanks to GC Abruzzo’s own arguments), the question posed is whether Trump will a) fire GC Abruzzo on day one or b) he will wait or c) not fire her at all. Story and poll

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Who Will Lead DOL? Politico reports, “Julie Su’s status as a non-confirmed agency head means that Republicans are likely to vote down her nomination to lead the Labor Department if Harris wins. Trump could also take the DOL in a pro-business direction should he return to the White House. Here are the potential nominees we’re eyeing depending on if Harris or Trump wins.

If Harris wins: Harris could tap Sen. Laphonza Butler (D-Calif.) — who declined to run for her seat in 2020 — due to her experience as a former leader at the Service Employee International Union.

Maryland Department of Labor Secretary Portia Wu is another contender. She built her national profile by creating a paid leave system for workers impacted by the Francis Scott Key Bridge collapse. Wu also worked in the Obama-era DOL in the Employment and Training Administration.

If Trump wins, he could call on Patrick Pizzella, a pro-business figure previously serving as DOL’s deputy Labor Secretary.

He could also pick Virginia Labor Secretary Bryan Slater, who worked in Trump’s Transportation Department and as a labor liaison in the Bush administration.”

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California Legislative Year-End Review: Preparing Employers for 2025 California’s busy legislative year has come to an end, with Governor Gavin Newsom signing several new laws that will impact Golden State employers. Here, we summarize the laws expected to have the greatest impact on California employers in 2025. Unless otherwise noted below, these new laws take effect January 1, 2025. Story

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Heat Pumps Were Supposed to Help Save the Planet. But They’ve Run into a Bump. Sales of solar panels, batteries, and electric vehicles have soared over the last few years — helping to slow global warming and take dangerous pollutants out of the atmosphere.

But one technology critical to fighting climate change is lagging, thanks to high interest rates, rising costs, misinformation and the cycle of home construction. The adoption of heat pumps, one of the primary ways to cut emissions from buildings, has slowed in the United States and stalled in Europe, endangering the switch to clean energy. Story

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“Your Child Was Absent Today.” Do you remember those calls from the attendance office when your son or daughter missed school and the subsequent dinner-time conversation, which usually began with “So, how was school today?” No one calls home when a Legislator misses work, as CalMatters discovered. “Assemblymember Sabrina Cervantes, a Democrat from Corona who is running for state Senate, missed about two-thirds of her votes this year — 1,647 of 2,510 voting opportunities she had based on her committee assignments and floor sessions. In most cases, the missed votes came from two “excused” absences during busy times of the year — once for a death in her family, and once due to illness after attending the Democratic National Convention in August, according to her staff. Six other legislators missed more than a quarter of their votes this year, most involving excused absences for illness or family matters, according to an analysis of voting data from CalMatters’ Digital Democracy. Story

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California’s Freelance Worker Protection Act Imposes New Requirements for Engaging Independent Contractors Following other states and cities across the nation, California Governor Gavin Newsom signed Senate Bill 988, the Freelance Worker Protection Act (FWPA), into law on September 28, 2024. This new law aims to provide greater protections to freelance workers (e.g., “independent contractors”). Codified at California Business & Professions Code Section 18100 et seq., the FWPA imposes requirements on individuals and companies that hire freelance workers for specified “professional services.” Individuals and companies should familiarize themselves with these new obligations, the implications for their businesses, and the potential risks of non-compliance. Learn More

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DOL Issues Guidance on AI and Worker Well-Being Best Practices On October 16, 2024, the U.S. Department of Labor (DOL) published Artificial Intelligence and Worker Well-Being: Principles and Best Practices for Developers and Employers. This document expands upon guidance released in May that focused on eight AI “Principles.” The new guidance now includes “Best Practices” intended to be a roadmap for developers and employers to implement these eight Principles. The DOL envisions that the Principles and Best Practices, in combination, will enable developers and employers “to harness AI technologies for their business while ensuring workers benefit from the new opportunities and are shielded from potential harms." Learn More

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Annual Employment Law Update Cook Brown, LLP invites its clients to join them at their complimentary Annual Employment Law Update. During this session, Cook Brown attorneys will provide an overview of key legislative and regulatory changes, as well as court opinions impacting California employers on a variety of topics, including:

·        PAGA legislative reforms

·        Statutory ban on specific work meetings with your employees

·        Changes to time off for victims of violence  

·        Drivers’ license discrimination protections

·        Intersectionality as a protected class

·        Paid Family Leave updates

·        New indoor heat regulations

·        Update to workplace violence safety requirements

Cook Brown partners will also share their knowledge of the latest litigation trends impacting employers in California and the best practices to keep your workplaces working.

When: November 14, 2024, 9:00 – 10:15 am

Where: Zoom webinar

REGISTER

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SOMAH Public Forum If solar is in your business plan, and you are unfamiliar with Solar On Multifamily Affordable Housing (SOMAH), you may want to participate in the last SOMAH Public Forum for 2024. They’ve reduced the number of forums held each year, so each one is an essential opportunity for you to catch up on program activities and progress — and let your ideas and interests be known. Your feedback is valuable in helping guide SOMAH's future, so register now to join your peers and the program team for this year-end event on October 29, 2024, from 1:00 p.m. - 3:00 p.m. PT. Register here.

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WECA Government Relation Voters Guide. The WECA Government Relations Committee released a guide for the November election. It is available here for WECA members. (Log in to your WECA Member Dashboard to access.)