The Crush July - 5

The legislature recently approved a new budget bill that revived the Industrial Welfare Commission (IWC) which had
been defunct since 2004. The motives for recreating the IWC are likely targeted at the fast-food industry.
AB 257 (Holden, D-Los Angeles) (aka the " Fast Act " ) was signed into law in 2022 to establish the Fast Food Council
which is charged with potentially increasing the minimum wage for fast-food workers to $22 per hour. This was
delayed when a million California voters, through their petition signatures, said that all Californians should have the
final say on the Fast Act through a November 2024 referendum.
According to the Associated Press, the legislature " may have found a way around " the referendum by requiring the
IWC to act by October 31, 2024, just a few days before Californians vote on the referendum. Worse, the IWC's new
statutory focus is not limited to fast-food restaurants; rather it applies broadly to several industries with entry-level,
seasonal, and part-time workforces.
The IWC has broad authority to create wage and hour law on an industry-by-industry basis. For example, several
years ago the IWC created Wage Order 14 for agricultural employers. The new budget bill makes it clear that the
IWC may be looking at agriculture - " The commission shall prioritize for consideration industries in which more than
10 percent of workers are at or below the federal poverty level. " According to the U.S. Department of Labor, nearly a
quarter of California farmworker families live in poverty.
AB 102 also provides that with this new funding, the IWC shall not adopt " any standards that are less protective
than existing state law. " This means that the IWC could only adopt more prescriptive standards than existing law.
These standards (i.e. new law) would be adopted without going through the legislature and without going through a
publicly-noticed regulatory review.
On July 6, Cal/OSHA sent a notice via its listserv that
Cal/OSHA's COVID-19 Prevention Standard had
changed, effective June 20, 2023. Due to the number
of COVID-19 cases continuing to fall, the California
Department of Public Health (CDPH) changed the
definition of " outbreak " in its State Public Health
Officer Order for COVID-19 Disease Control &
Cal/OSHA's standard is linked to CDPH's health order,
so Cal/OSHA also changed the definition of " outbreak "
in their standard from three COVID-19 cases during a
14-day period, to three COVID-19 cases during a 7-day
period. This is important because the standard still
requires various actions during an outbreak, including
testing, face coverings, N-95s, ventilation, etc. While
Cal/OSHA's COVID-19 FAQs were updated on June
23rd to reflect this change, there was no notice to the
public until now.
Unfortunately, Cal/OSHA and the Occupational Safety
and Health Standards Board both have pretty much
any public
efforts on
COVID-19 since
the COVID-19
Standard took
effect on February 3, 2023. Relative to this change in law,
Cal/OSHA has not issued a press release and did not
activate their listserv until more than 2 weeks after the
change took effect.
To stay current on changes in this regulation, it appears
that Cal/OSHA is expecting employers to continually
check for updates to the FAQs. This is not realistic.
Consequently, to the extent the COVID-19 regulation
continues to be in place, CAWG will continue to push
Cal/OSHA and the Board to increase their public
information efforts so that employers and employees
know what is required of them. | Page 5;!!C5ewNI1kZw!SRnzYLfEXv7ez1XvASZBIAnnrrHP_xYoDhcPjQIjbsRUSXXx3pYT6PJ-jnzvI49Qhr7uPg6aXRHZf9wZY-Q25LuAiSo;!!C5ewNI1kZw!SRnzYLfEXv7ez1XvASZBIAnnrrHP_xYoDhcPjQIjbsRUSXXx3pYT6PJ-jnzvI49Qhr7uPg6aXRHZf9wZY-Q25LuAiSo;!!C5ewNI1kZw!SRnzYLfEXv7ez1XvASZBIAnnrrHP_xYoDhcPjQIjbsRUSXXx3pYT6PJ-jnzvI49Qhr7uPg6aXRHZf9wZY-Q25LuAiSo;!!C5ewNI1kZw!SRnzYLfEXv7ez1XvASZBIAnnrrHP_xYoDhcPjQIjbsRUSXXx3pYT6PJ-jnzvI49Qhr7uPg6aXRHZf9wZY-Q2l10sJo8

The Crush July

Table of Contents for the Digital Edition of The Crush July

The Crush July - 1
The Crush July - 2
The Crush July - 3
The Crush July - 4
The Crush July - 5
The Crush July - 6
The Crush July - 7
The Crush July - 8
The Crush July - 9
The Crush July - 10