Urge your Assembly Member to vote no on SB 1102 (Monning, D - Carmel) and SB 1383 (Jackson, D - Ventura).
SB 1102 would dramatically change CA labor law by requiring employers to compensate H-2A employees at their regular rate of pay for time spent traveling between employer-provided housing and a worksite unless those employees are covered under a collective bargaining agreement. Under SB 1102, transportation would be included as compensable daily work time and be counted against overtime limits. Consequently, piece-rate employees who exceed the current daily maximum of 9 hours of work because of such travel time would have to be paid at the daily overtime rate based on the employee’s average hourly piece-rate.
SB 1383 proposes a massive expansion of paid family leave, which would require all employers with 5 or more employees to provide employees with up to 12 weeks of job-protected leave in a 12 month period. Additionally, because the bill expands the definition of "family member" employers with more than 50 employees would have to provide up to 24 weeks of job-protected leave in a 12 month period. This is because SB 1383 expands the definition of "family member" under the California Family Leave Act (CFLA) above what is required by the federal Family Medical Leave Act (FMLA). If SB 1383 passes, employers with 50 or more employees would have to provide 12 weeks of state CFRA leave IN ADDITION to federal FMLA leave. Finally, SB 1383 imposes a private right of action permitting small agricultural employers to be sued for unintentional violations of CFRA.
SB 1102 and SB 1383 will place significant cost burdens on agricultural employers. Now, as employers are taking extraordinary steps and expense to protect employees from COVID-19, is not the time to make such sweeping and costly policy changes to California labor law. Contact your Assembly Member TODAY and urge them to vote NO on SB 1102 and SB 1383.