2016 LEGISLATIVE UPDATE: INDUSTRY-SPECIFIC PROTECTIONS

January 25, 2016 by Peter McEntee, Susan Garea, Christopher Hammer, Dalisai Nisperos, Stephanie Platenkamp and Sarah Kanter

This legislative session Governor Brown again signed into law several new labor and employment statutes.  Many of the new laws this year expand enforcement tools and strengthen existing protections for employees in areas including leave and disability rights, pay equity, wage and hour protections, and prevailing wage and public works.  In this series of seven articles, we have summarized the new state laws by category.

AB 359 – Grocery Workers Right to Continued Employment

This bill concerns grocery workers employed in a retail establishment that changes ownership.  The law requires the incumbent employer to provide a list of its eligible grocery workers to the new owner.  The successor employer is then required to hire from this list of workers during a 90-day transition period.  The new employer must retain those workers for a 90-day period and may not discharge them without cause.  After the 90-day period ends, the new employer must then consider offering continued employment to those workers.  The law allows parties to a collective bargaining agreement to have their CBA supersede the law, and the law does not apply if the store has ceased operations for six months or more prior to the sale.

AB 202 – Cheerleaders as Employees

Prior to this bill, cheerleaders for professional sports teams in California were not considered employees and therefore were often paid minimal stipends and not afforded any of California’s labor protections.  Under this new law, California-based professional sports teams that use cheerleaders during their exhibitions, events, or games, now must classify their cheerleaders as employees.  Given that designation, cheerleaders for professional sports teams are now entitled to at least minimum wage for all hours worked, overtime compensation, unemployment insurance benefits, and protections from unlawful discrimination and retaliation.

The material on this website is provided by Beeson, Tayer & Bodine for informational purposes only and does not constitute legal advice. Readers should consult with their own legal counsel before acting on any of the information presented. Some of the articles are updated periodically, and are marked with the date of the last update. Again, readers should consult with their own legal counsel for the most current information and to obtain professional advice before acting on any of the information presented.