The law requires all newly sold small-motor equipment primarily used for landscaping to be zero-emissions—essentially to be battery operated or plug-in—by that target date or as soon as the California Air Resources Board determines it is feasible. New portable gas-powered generators also must be zero-emissions by 2028, which also could be delayed at the discretion of the state agency.

Machinery with so-called small off-road engines also includes chainsaws, weed trimmers and golf carts, all of which create as much smog-causing pollution in California as light-duty passenger cars, and reducing those emissions is pivotal to improving air quality and combating climate change, proponents argue.

The state has set aside $30 million to help professional landscapers and gardeners make the transition from gas-powered equipment to zero-emission equipment, however an industry representative said that’s woefully inadequate for the estimated 50,000 small businesses that will be affected by the law.

Andrew Bray with the National Association of Landscape Professionals said the zero-emission commercial grade equipment that landscapers use is also prohibitively expensive and less efficient than the existing gas-powered lawnmowers, leaf blowers and other small machinery they use.

For example, a gas-powered commercial riding lawnmower costs between $7,000 and $11,000 while its zero-emissions equivalent costs more than twice that amount, he said.

Another major expense will be batteries. Bray said a three-person landscaping crew will need to carry 30 to 40 fully charged batteries to power its equipment during a full day’s work.

Source: Los Angeles Times

California employers are accustomed to a fast-changing regulatory landscape, but even by California standards, the 2020 regulatory onslaught has been fierce. Association members should be careful to stay abreast of these new legal obligations. Among the most important:

COVID-19 Requirements

California adopted a new COVID-19 statute, effective immediately, which requires larger employers (generally those with more than 500) to provide additional paid sick leave. In addition, effective Jan. 1, all California employers will be required to post a notice in their workplace within one business day if they have information that there has been a potential exposure to COVID-19.

The employer notice must provide details regarding the exposure, information about benefits available to the employees, and data regarding the employer’s remediation plan. The statute also requires employers to notify the local public health agency of the potential exposure within 48 hours. Finally, the statute prohibits employers from requiring employees to disclose medical information, prohibits retaliation against employees for disclosing a positive test result, and allows employees to file retaliation complaints.

Worker’s Compensation

California enacted a statute, effective immediately, that creates a presumption that any essential employee who tests positive for COVID-19 is entitled to worker’s compensation coverage. The employer may rebut this presumption by showing that the employee contracted COVID-19 outside of the workplace, but absent evidence of such exposure, the employee will receive worker’s compensation benefits, and those costs will be attributed to the employer.

Kin Care

Effective Jan. 1, California employers must allow employees to determine whether they wish to use sick leave. Thus employers may no longer designate time off taken by employees as sick leave; only the employee may make that decision. As a practical matter, this means that employees may take time off, classify that time as something other than sick leave, and save the sick leave. Notably, the federal Department of Labor has taken the opposite position regarding federal FMLA leave, leaving employers to navigate this conflict.

Independent Contractors

California moved in two directions on the independent contractor front. The legislature adopted a new statute, known as AB5, that significantly restricts the circumstances under which a business may classify a worker as an independent contractor. The legislature essentially adopted the so-called Dynamex test, which, among other things, precludes a business from classifying a worker as an independent contractor if that worker is providing services integral to the employer’s business.

Meanwhile, the public voted for an industry-sponsored bill limiting the application of the Dynamex test and allowing businesses in certain industries (notably, ride-sharing and delivery) to treat workers as independent contractors. Unfortunately, those exceptions are unlikely to apply to Association members. We recommend against classifying workers in California as independent contractors unless you have consulted with an attorney.

Pay Data

Effective Jan. 1, California employers with more than 100 employees will be required to provide pay data to the state government.

Board of Directors Representation

Effective Dec. 31, 2021, all publicly held corporations with their principal executive offices in California must have a member of an underrepresented community on their board of directors.

Amazingly, these are only the highlights of the new statutes and regulations in California. Association members with California employees are well-advised to carefully monitor new legislative and regulatory activity.

David James and Joe Schmitt are shareholders in the labor and employment group at Nilan Johnson Lewis. Member companies are entitled to 60-minute, no-cost consultations with the attorneys. Call the firm at (612) 305-7500.

• Kin care, or care of a family member;
• The employee’s own health condition; or
• Obtaining relief if the employee is a victim of domestic violence, sexual assault, or stalking.

Kin care includes a child, parent, guardian, spouse, domestic partner, grandchild, grandparent and sibling.

Employers should revise their policies.

Source: National Law Review

A reported commissioned by the California Farm Bureau Federation and others took a look at 15 different parts of the agriculture industry, using data through early May.

Dairy is expected to see the largest total loss—somewhere between $1.4 billion and $2.3 billion—as it accounts for nearly one-fifth of the state’s $50 billion ag industry.

Grapes are second on the list. Growers could see more than a $1.5 billion loss, followed by flowers at more than $660 million.

Jamie Johansson is the president of the federation and a citrus and olive grower in Northern California. He said he called on the state to stop writing new regulations that further stress the economics of farming.

“California farmers, ranchers and their employees have continued the essential work needed to keep American families fed, but that work has come with sacrifice,” Johansson said. “The impact is being felt in rural communities throughout the state that rely on agriculture for their residents’ livelihoods.”

The report, produced by ERA Economics, pointed to unstable markets and rapidly shifting purchasing behaviors as the main drivers behind the loss in farm revenue. In the case of some products like pork, virus outbreaks in packing plants created bottlenecks in the supply chain, forcing farmers to kill, disk or otherwise destroy their animals and crops.

Source: Palm Springs Desert Sun