eAlert
AB 2183 (Card Check) & SB 1162 (Salary Range)
This e-mail is to provide updated information on two new laws that took effect last week:
·      AB 2183 created the Card Check process whereby agricultural employees choose whether to join a labor union; and
·      SB 1162 requires employers to provide salary range information to potential job applicants. 
 
Below is information from the Agricultural Labor Relations Board (ALRB) and the Labor Commissioner on how to comply with these two new laws.
ALRB Releases FAQs & Forms for Implementation of Card Check
The ALRB has released guidance regarding the implementation of the new Card Check law. Under this new law, agricultural employers may now enter into a labor peace compact using a form on the ALRB’s website. A list of employers entering into a labor peace compact will be posted to the ALRB’s website.
 
NOTE: There are substantial penalties associated with failure to follow the terms of a labor peace compact. Employers are advised to review the requirements carefully before entering into a compact and to work closely with HR professionals and labor lawyers. 
 
The ALRB also has released updated procedural forms, including a form for requesting mail-ballots for a labor peace election. The FAQs, new forms, and employer labor peace compact registration page are available on the Procedural Forms page on ALRB’s web site at: alrb.ca.gov/forms-publications/procedural-forms/
 
CAWG and several agricultural organizations also co-hosted a seminar in Fresno where the law firm of Barsamian & Moody provided a detailed discussion of Card Check and how it may affect agricultural employers and workplaces. Prior to that meeting, CAWG hosted a webinar for its members with Fisher Phillips on AB 2183. Please see resources below.
RESOURCES
Labor Commissioner Releases FAQs on New Job Posting Requirements
Under a law that took effect on January 1, California employers with 15 or more employees must post salary ranges on postings for job openings. The Labor Commissioner recently provided FAQs on how to comply with this new law.
 
The law requires employers to post pay scales on all job postings even if the employer engages a third party to promote or publish the job posting (such as Indeed, LinkedIn or a professional firm). The FAQs make it clear that the pay range must be included in the posting – A QR code or hyperlink to the wage information is NOT sufficient.
 
Additional clarification was also given to the meaning of “pay scale,” which the law defines as the salary or hourly wage range the employer reasonably expects to pay for the position. For fixed-pay positions, the employer should post the fixed wage or salary. If applicable, the pay scale must also include piece rate and/or commission wages; however, an employer need not post additional compensation (e.g. bonuses, tips, or other benefits).
 
Employers uncertain how to count employees (relative to the 15-employee threshold) are advised to refer to the Labor Commissioner’s guidance on counting employees.
 
All employers may want to consult with HR professionals or labor lawyers to ensure they are in compliance with this new pay transparency law.
Questions, please contact:
Michael Miiller, Director of Government Relations