Citizen Architect
The call for Citizen Architects is well underway and nearly 100 individuals who serve their communities as an elected or appointed official have responded. The goal of the program is to identify further opportunities for engagement, public outreach and contacts for and with those who affect significant change – ultimately elevating individuals into elected positions to be the policy makers for their communities. Read more: http://www.aiacc.org/2018/10/10/citizen-architect/
Chapter Advocacy Liaison Network
The Advocacy Liaison Network met virtually for the first-time last week. The group comprises one representative from each component who has a passion for influencing public policy to improve the practice of architecture. The Network will exchange ideas, engage chapter members, identify needs for training and resources, and help coordinate advocacy initiatives at the grassroots level. The AIACC’s Government Relations team intends to work with the Advocacy Liaison’s to develop and provide the advocacy liaison information, tools, and support to assist chapters in its local advocacy strategy. Contact Melissa Barton/mbarton@aiacc.org
New Employments Laws You Should Know
In 2018 the Legislature passed, and the Governor signed, several bills that enact new employment laws which go into effect January 1, 2019. These significant new laws are:
* Lactation Accommodation
AB 1976 (Limon) requires employers to make reasonable efforts to provide a location, other than a bathroom, for employees to express milk. Deems employers to be in compliance if they meet certain criteria, including that the location be used only for lactation accommodation while the employee expresses milk.
* Salary History Information
AB 2282 (Eggman) clarifies provisions of legislation enacted last year regarding the use of salary history information in hiring and salary setting. Among the employer-friendly amendments, clarifies that it is permissible to ask prospective employees what their salary expectations are, and permits employers to base salaried on prior salaries as long as disparities are based upon bona fide factors, such as merit or seniority.
* Privileged Communications
AB 2770 (Irwin) clarifies that a privilege exists to for employers to communicate with interested parties non-malicious information about credible sexual harassment complaints, including whether the employer whether a decision about re-hiring relates to a sexual harassment complaint.
* Right to Testify
AB 3109 (Stone) makes unenforceable provisions in a settlement agreement which forbid a waiver of a party’s right to testify in an administrative or judicial proceeding.
* Settlement Agreement Confidentiality
SB 820 (Leyva) prohibits provisions in settlement agreements which prevent the disclosure of factual information concerning claims of sexual harassment made in connection with a civil or administrative action.
* Wage Records
SB 1252 (Pan) expands current law which requires employers to permit inspection of wage records by current and former employees to also provide copies of those records.
* Discrimination and Harassment
SB 1300 (Jackson) is a very significant bill which prohibits conditioning a raise or bonus on signing non-disclosure or non-disparagement agreements, broadens liability on employers for any form of harassment of employees, volunteers and interns, and prohibits payment of attorneys fees to prevailing defendants unless the action was deemed frivolous.
* Sexual Harassment Training
SB 1343 (Mitchell) broadens current law which requires two hours of training of supervisors on sexual harassment by employers with 50 or more employees to now additionally require one hour of training for all employees every two years. Importantly, requires the Department of Fair Employment and Housing to develop and post one and two-hour training videos for use by employers.
New Independent Contractor Test You Should Know
Earlier this year the California Supreme Court issued a ruling that significantly changes the test used to determine whether a worker was an independent contractor. The old test weighed nine different factors to account for the variety of California industries and professions. The new test uses three factors, all of which must be met, in order for a worker to be legally recognized as an independent contractor.
The Legislature will be asked in 2019 to modify this new test, which the AIACC will follow closely and, if directed by the AIACC Board of Directors, will actively lobby.
For your information, here is a description of the new independent contractor rules prepared by Collins Collins Muir + Stewart.
For more information, please contact our Director of Government Relations Mark Christian, Hon. AIACC (mchristian@aiacc.org or 916-642-1708) or our Government Relations Program Coordinator Melissa Barton (mbarton@aiacc.org or 916-642-1711)
