November 6, 2020

VOLUME 46, NUMBER 31 • NOVEMBER 6, 2020 Trends in California Voters Weigh in on Taxes, Legislative Races This election Independent Contractors is one that seems like it Election Day California’s innovation economy and will never end. is over, but should be celebrated, not discouraged.” While a signif- ballot counting On other issues: icant number continues to • Voters rejected again an effort to of ballots are determine the expand governments’ authority to impose still left to be voters’ will on rent control; CalChamber-opposed counted—and perhaps many more remain issues ranging Proposition 21 was failing with 59.7% no in the hands of the U.S. Postal Service from California to 40.3% yes. that are eligible to be counted if they property taxes to supporting economic • Also failing was CalChamber- arrive in the local registrar’s office by diversity and flexibility for workers. opposed Proposition 23, an attempt to November 20—there are some notewor- As this article was prepared, California establish state requirements for kidney thy trends taking shape in California’s Chamber of Commerce-opposed Propo- dialysis clinics, 64% no to 36% yes. legislative races. sition 15, the $12.5 billion split roll prop- • Proposition 16, the CalChamber- At this point, the outcome in some of erty tax increase, appeared headed toward supported measure to promote diversity the key races for the California Assembly defeat with 51.7% no to 48.3% yes. in public employment and education, was and Senate is uncertain. These matchups CalChamber-supported Proposition 22, failing, 56% no to 44% yes. that attract big bucks from the various clarifying employment classification rules • Proposition 20, supported by interest groups will be some of the last for app-based drivers, was winning by a CalChamber because it included provi- ones called. wide margin—58.4% yes to 41.6% no. sions to address serial thefts in addition to Still, there are some trends emerging “Prop. 22 was a big win for California restricting parole for non-violent offend- that, if they hold, will be interesting to workers who want the independence, ers, was being voted down, 62.3% no to California political observers. Early signs flexibility, and income opportunities 37.7% yes. that are encouraging for Republicans in provided by working for themselves,” said County election officials must report the Assembly are that no GOP incumbent CalChamber President and CEO Allan final official results on state contests by appears to have lost their seat. Strong Zaremberg. “Especially in these uncertain December 4. Results will be certified by showings in Orange County indicate times, we should be focused on providing December 11. incumbent Republicans Philip Chen workers with all options to support their The latest election results are avail- (AD 45), Steven Choi (AD 68) and Janet families. The takeaway for the Legislature able on the website of the Secretary of Nguyen in an open seat (AD 72) are is that freelance work is integral to State at electionresults.sos.ca.gov. poised for victory. Other incumbent Republicans that appear to have survived are Jordan Cunningham (AD 35), Tom Lackey (AD CalChamber to Offer Post-Election Webinar 36) and first-time candidate Suzette Vallardares (AD 38), who was in a runoff the two-hour webinar starting at 10 a.m. with another Republican. is the presentation of the CalChamber’s Sixth Annual People’s Voice Survey. See Trends: Page 3 This post-election survey is designed to offer insights on California voters’ priorities and attitudes on a variety of Inside The California Chamber of Commerce issues. Pollsters Robert Green, Pierrepont will be presenting its first Post-Election Consulting and Analytics, LLC, and CalChamber Pursues Prop. 65 Webinar on Tuesday, November 17. Adam Rosenblatt, Core Decision Warning Relief: Page 5 Planned for the opening segment of See CalChamber to Offer: Page 4 WWW.CALCHAMBERALERT.COM CALIFORNIA CHAMBER OF COMMERCE NOVEMBER 6, 2020 • PAGE 2 Labor Law Corner Options to Consider When an Employee Threatens to Commit Suicide Alternatively, you can take the indi- an impact on the employees’ job perfor- vidual to an emergency room after ascer- mance, health, or mental and emotional taining he/she has no ways to commit well-being. such harm. EAPs generally offer free and confi- dential assessments, short-term counsel- Evaluation by Experts ing, referrals, and follow-up services for At a hospital, experts can determine employees. whether the individual needs to be placed on a three-day hold, which describes a Wellness Check Dana Leisinger HR Adviser medical stay at the hospital or a psychiat- When an employee has expressed ric facility in which the person’s mental threats of suicide, be it to his/her state is evaluated. employer/fellow employees or on social I have an employee who has threatened to Clinical psychologists or psychia- media, then doesn’t come in to work, commit suicide. We are very concerned. trists make determinations about the another option is a police wellness check. What should we do, and do we have any nature of the person’s mental illness and A wellness check is an in-person call obligations? the ability of the individual to function from local law enforcement to someone These are chaotic times and this ques- independently. whose behavior has become suspicious in tion is occurring far too frequently. There some way. Usually requested by a friend are no laws directing employers on how Suicide Prevention Helpline or family member, the service is available to handle such a situation. Another possibility is to provide the to everyone and is something that cops However, if you have an intense situ- employee with a suicide prevention tele- take seriously. An employer often is in a ation where it appears the employee is phone number. position to make such a request. about to commit harm to him/herself, you The National Suicide Prevention During the tumultuous year 2020 should call 911 immediately. Helpline number is: (800) 273-8255. It is became, this has become an increasingly a United States-based suicide prevention asked question, and employers are wise network of more than 160 crisis centers to heed the threats. California Chamber Officers that provide 24/7 service, available to anyone in suicidal crisis. Column based on questions asked by callers Mark Jansen on the Labor Law Helpline, a service to Cali- Chair Employee Assistance Program fornia Chamber of Commerce preferred and Donna L. Lucas Many employers provide employees executive members. For expert explanations First Vice Chair with an employee assistance program of labor laws and Cal/OSHA regulations, not (EAP) benefit. The EAP assists employ- legal counsel for specific situations, call (800) Kailesh Karavadra 348-2262 or submit your question at www. Second Vice Chair ees with personal problems and/or work-related problems that may have hrcalifornia.com. Gregory S. Bielli Third Vice Chair Grace Evans Cherashore Immediate Past Chair CalChamber-Sponsored Annual Meeting Allan Zaremberg Seminars/Trade Shows In compliance with Article VII of the President and Chief Executive Officer bylaws, notice is hereby given that the More at www.calchamber.com/events. Virtual Annual Meeting of the members Alert (ISSN 0882-0929) is published weekly Labor Law of the California Chamber of Commerce, during legislative session with exceptions by California Family Rights Act: What a mutual benefit corporation operating California Chamber of Commerce, 1215 K Small Businesses Need to Know. Street, Suite 1400, Sacramento, CA 95814- under the laws of the State of California, 3918. Subscription price is $50 paid through CalChamber. November 18, Webinar. will be held on Friday, December 4, 2020, membership dues. (800) 331-8877. at 9 a.m., 1215 K Street, Suite 1400, Send email address changes to alert@ California Family Rights Act: What’s Sacramento, California 95814, for the calchamber.com. Publisher: Allan Zaremberg. New for Large Businesses. CalCham- transaction of whatever business may be Executive Editor: Ann Amioka. Art Director: Neil ber. November 18, Webinar. (800) Ishikawa. Capitol Correspondent: Sara Proffit. necessary. RSVP dave.kilby@calchamber. 331-8877. Permission granted to reprint articles if com or call (916) 444-6670, ext. 202. credit is given to the California Chamber of HR Boot Camp Virtual Seminar. Commerce Alert, citing original publication CalChamber. December 10–11, date of article, and reprint is emailed to Alert Online. (800) 331-8877. at address above. International Trade Email: [email protected]. A Path to Boost International Trade Next Alert: November 20 Home page: www.calchamber.com. between Brazil and California. Brazil See CalChamber-Sponsored: Page 6 WWW.CALCHAMBERALERT.COM CALIFORNIA CHAMBER OF COMMERCE NOVEMBER 6, 2020 • PAGE 3 The Workplace New Guidance on COVID-19 Notices Law In Episode 95 “outbreak” threshold of three or more “[AB 685] does not take effect until of The Work- positive cases within a 14-day period. January 1; however, that will be here very place podcast, CDPH’s “Employer Guidance on quickly,” so it’s important that employers, CalChamber AB 685: Definitions” clarifies that an especially employers with a larger work- Executive Vice “outbreak” under AB 685 is when there force, plan ahead by putting someone or President and have been at least three COVID-19- a department in charge of following all General Counsel positive cases among workers at the these compliance mandates, she says. Erika Frank and same non-health care worksite within a CalChamber 14-day period. The document also clari- Online Resources policy advocate Robert Moutrie discuss fies that a “lab-confirmed test” must be a Frank recommends that employers the October 16 guidance issued by the “live virus test” and not an antibody test. visit the CDPH website, www.cdph. California Department of Public Health The Definitions guidance document ca.gov for more information on AB 685 (CDPH) on AB 685, California’s new does not address all the CalChamber as the agency has a variety of helpful COVID-19 workplace exposure reporting concerns with AB 685.

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