CONSTRUCTOR
COVERING GENERAL BUILDING & GENERAL ENGINEERING CONSTRUCTION agcsd.org
THE MAGAZINE OF THE ASSOCIATED GENERAL CONTRACTORS OF AMERICA, SAN DIEGO CHAPTER, INC.
THE COUNTY MOVES AHEAD . . . BUILDING BETTER ROADS Plus... New California Employment Laws for 2019 Gateway into the AGC Apprenticeship Program
2019 VOLUME 1
THE VOICE OF CONSTRUCTION
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Innovative Practices• Advanced Technology• Lean Construction• Preconstruction In-House BIM/VDC• Prefabrication • Design Build Integrated Services• Technology Systems
THIS WAS THE
CHALLENGE SOLUTION
Shore a large-scale installation pit to accommodate unusual fuel tank configuration for five tanks.
THIS WAS OUR
A Costco® fuel tank installation presented unique challenges. The project required that the pit accommodate five large fuel tanks placed closely together. Contractor Wayne Perry also designed an “L”-shaped configuration for the 60’ x 70’ pit to save both labor costs and reduce the amount of expensive rock fill. Most companies cannot handle such large-scale shoring angles. But Trench Shoring Company’s SBH Slide Rail Shoring system proved more than equal to the task. We designed, delivered and assembled the system on-site, reducing overall excavation and shoring time. Because we offer the largest inventory of Slide Rail Systems, with panel sizes from 6’– 28’, we’ll be there for your challenging project too!
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RENTALS
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TRAINING
We offer same day service from our 10 locations to Southern California, Bakersfield, Fresno, the CA Central Coast and the Las Vegas, Nevada areas.
San Diego 858-530-2500
TrenchShoring.com
AGC contents
SAN DIEGO
2019 Volume 1
The Associated General Contractors, San Diego Chapter, Inc. 6212 Ferris Square San Diego, CA 92121 Phone (858) 558-7444 Fax (858) 558-8444
@agcsandiego
www.agcsd.org
10 ENGINEERING
The County Moves Ahead, Building Better Roads
12 CLC
Show Off Your Hot Wheels At The Summer Mixer & Car Show On July 30!
20 APPRENTICESHIP
Gateway into the AGC Apprenticeship Program Free Pre-apprenticeship Opportunities
30 HUMAN RESOURCES
New California Employment Laws For 2019
More Inside 8 Board of Directors
24 Education
9 Staff Directory
28 Affiliate Mixer
14 Upcoming Event
33 Blood Drive
16 Installation of Officers
THE VOICE OF CONSTRUCTION 4
AGCSD.ORG
AGC CONSTRUCTOR Magazine is published bimonthly. The opinions and assertions contained herein are those of the authors. Reproduction, either whole or in part, is not permitted without the express consent of the publisher. Copyright 2019 by AGC-SD CONSTRUCTOR MAGAZINE. All rights reserved. Advertising rates are available upon request. Call (760) 466-7790. AGC-SD Constructor Magazine, AGC San Diego, or Contractor News and Views are not responsible for content in ads submitted by AGC-SD Constructor Magazine’s advertisers. Mike Caples : Editor Jennifer Caples Flaharty : Graphic Design
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President
Senior Vice President
Vice President
Stephen Friar Hensel Phelps
Bill Haithcock Casper Company
John Boies Granite Construction Company
Secretary/ Treasurer
Past President
Mike Williamson Pacific Coast Iron
Kari Kyne Kyne Construction, Inc.
Jeff Harper Harper Construction Company, Inc.
Austin Cameron TC Construction Company, Inc.
Jeff Clinkscales Rossin Steel, Inc.
John H. Daley, Jr. Daley Corporation
Randy Finch Finch, Thornton & Baird, LLP
Diane Koester-Byron I.E. - Pacific, Inc.
Lawrence McMahon Alliant Insurance Services, Inc.
John Messick Sundt Construction, Inc.
Jason Mordhorst Hazard Construction Company
Gita Murthy RORE, Inc.
Mark Payne Swinerton
Norbert Schulz J.R. Filanc Construction Company, Inc.
Dusan Selezan CLC Chair
Boris Shekhter Helix Electric, Inc.
Eric Stenman Balfour Beatty Construction
Ex Officio Members
Barry Swaim Tower Glass, Inc.
8
2019
BOARD OF DIRECTORS
AGCSD.ORG
Wes Wise Cass Arrieta
Mike Furby Marathon Construction Corp.
Rick Marshall Brady SoCal, Inc.
Legal Counsel
Don McKillop Law Offices of Donald R. McKillop
2019
STAFF DIRECTORY
EXECUTIVE LEADERSHIP Eddie Sprecco Chief Executive Officer
Glenn Hillegas Apprenticeship Executive Vice President
Brad Barnum Executive Vice President
Pete Saucedo Apprenticeship Executive Director
AGC STAFF
APPRENTICESHIP STAFF
Inna Alizade Accounting/ Administrative Assistant
Dakota Anderson Curriculum and Instruction Coordinator
Vince Hundley Safety Director
Marty Anderson Aprenticeship Coordinator San Diego
Phil Hurley Controller
Shari Buch Apprenticeship Registrar
Paul Josselyn Plan Room Reporter
Tanya Buch Apprenticship Specialist
Scherrise Judge Senior Plan Room Reporter Marcy Knopman Executive Assistant Kellie Korhonen Digital Communications and Technology Manager Rae Krushensky Director of Meetings & Events / Membership Services Lisa Lovelace Director of Plan Room Services Mike McManus Director of Engineering Construction & Industry Relations Robin Scott Administrative Assistant Becca Schaffer Education & Safety Marketing Manager Glen Schaffer Director of Marketing/Education Jason White Administrative Assistant
Layheang Chho Attendance Clerk Suzanne Zdarko-Favano Apprenticship Liaison San Diego Karla Gonzalez Apprenticeship Liaison Riverside Raul Guedea, Jr. Apprenticeship Outreach Coordinator Jon Hill Apprenticeship Instructional Resource Coordinator Alan Jurgensen Craft Instructor Keith Levingston Apprenticeship Coordinator Riverside Sergio Ortega Apprenticeship Coordinator Orange County Kelley Petersen Apprenticeship Scheduling Coordinator Karina Ramirez Apprenticeship Liaison Orange County Alicia Rodriguez Apprenticeship Upgrade Specialist Amber Sonka AGC Apprenticeship Compliance Monitor AGCSD.ORG
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ENGINEERING The County Moves Ahead, Building Better Roads By Mike McManus, Director of Engineering Construction & Industry Relations
In September 2018, the County Board of Supervisors directed the Chief Administrative Officer to form a working group to identify innovative and cost-effective pavement preservation treatments for use on County roads. Recommendations and findings were to be returned to the Board within 90 days. That report, by the County Department of Public Works was presented to the Board of Supervisors in March. It clearly exceeds expectations in that it is very comprehensive and includes some critical strategic efforts that we will closely watch. The report is the result of 11 working group and subcommittee meetings held between November 2018 and February 2019. The meetings involved the County Department of Public Works (DPW) staff, four major construction industry associations, including the AGC San Diego, general contractors, materials suppliers, Caltrans, SANDAG, and representatives of nine cities in San Diego County. The strategic background that launched this effort is worth repeating. The critical strategic areas that this report addresses are fivefold: 1. Construction aggregates are now in short supply and are being trucked in at great expense. Since no new sources are being permitted; this picture only gets worse in the future, therefore recycling of construction aggregates is now a critical necessity. 2. Reclaimed Asphalt Pavement (RAP) is piling up in various locations in San Diego County faster than it is being used due to a belief by agencies that only small percentages of RAP can be incorporated into new pavements. 3. RAP is regulated by the County, which restricts storage time. The enforcement of this regulation has become a disincentive for suppliers to take RAP from projects at a rate
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greater than the small demand for it in future projects. Therefore, the alternative location is landfills, which charge by the ton, the cost being borne by the taxpayers. 4. Many of the public works agencies have separate mix designs. Each separate design requires materials suppliers to reset their plants to run production of any agencies asphalt pavement. This resetting of plants takes significant time, causing inefficiencies in plant operations and extra costs for agencies. 5. Contract requirements by agencies vary widely; however, two areas cause significant inefficiencies and costs. The first is allowing variable start dates to allow contractors to use their forces more efficiently, especially in these times of skilled worker shortages. The second is to consider traffic control and management alternatives to allow for longer working days, and therefore higher productivity, which is passed along to taxpayers as lower costs. Against this backdrop, the Building Better Roads Working Group identified a set of opportunities for innovation. Their findings are listed below. Immediate Opportunities Most agencies use 15% RAP in their asphalt paving mixes. Caltrans has revised their standard specification to allow for 25% RAP in paving mixes. Department of Public Works (DPW) has revised their specifications recently to allow for 25% RAP in future projects. Development Opportunities DPW will work with the County Department of Environmental Health Local Enforcement Agency to identify the process granting time extensions to suppliers who process and store RAP and recycled concrete. This will allow for more material to be stored and then used when demanded during cycles of new construction.
DPW will be working with material suppliers to identify best management practices for managing stockpiles of RAP. This will include guidance toward consistency in sorting and certified testing for key properties that allow for consistent reliable higher RAP mixes. Agencies do not coordinate their project bid dates. The bid preparation resources the construction industry has for public works projects is finite. So, on days when there is a cluster of bid openings, the number of bidders providing bids on any one agency’s project is reduced, thereby reducing competition. DPW is working with stakeholders on a potential regional planning calendar to schedule bid days more efficiently for industry. AGC has developed a bid calendar on its website, which allows contractors to see what's on the immediate horizon and will allow for public agencies to make any necessary changes related to addenda & bid date changes. DPW is evaluating how to provide flexibility for contractor start dates. This helps to maximize the use of available contractor, subcontractor, trucking and material supplier’s resources which results in lower costs to agencies. DPW is evaluating alternative traffic management tools. To ensure that communities and first responders are not negatively impacted by construction projects while looking for ways increase working hours for contractors which improves productivity and saves agencies money. DPW will be developing traffic management guidelines to share with other agencies.
DPW Pilot Projects List • Project to place a 40% RAP mix for evaluation. The site will be either a road shoulder, a parking lot or a bike path. •
Project to evaluate the performance of 100% RAP in a road seal
•
Project to evaluate the cost effectiveness of using fiber reinforced asphalt pavement. The fiber reinforcement adds cost, but also adds service life to asphalt pavement due to resistance to cracking.
•
Project to evaluate the use of roller compacted concrete on the surface of a maintenance or reconstruction project. The cost of the material is greater than asphalt, but considerably longer lasting.
•
Project will evaluate expanding the use of warm mix asphalt. This material has greater flexibility in placement because it can be produced at a lower temperature.
Moving Forward The County DPW, contractors, suppliers, association professionals, and agency officials have developed a set of approaches to some tough strategic issues in ways that very much exceed expectations. This effort has been long needed. The last two months have been very productive and could be replicated in other regions. It goes to show you what can be accomplished when stakeholders work together. AGC San Diego will continue to monitor and report on this important effort.
AGCSD.ORG 11
CLC Show Off Your Hot Wheels At The Summer Mixer & Car Show July 30! By Kellie Korhonen, Digital Communications & Technology Manager
Mark your calendars for the seventh annual AGC Summer Mixer & Car Show on July 30! Enjoy delicious food truck fare, beer and margaritas, while checking out the classic cars and hot-rods on display. This event is hosted by AGC San Diego’s Construction Leadership Council and is free to members! The event starts at 4:30 p.m. and goes to 7:00 p.m. at the AGC San Diego Training Facility. Registration details are available on the AGC website Events page. Do you have a classic car or truck you want show off? Register to display your vehicle at the event and be in the running for one of three awards: Best in Show, Best Mod-Rod, or Best Classic. Visit the AGC website Events page to download the Car Entry form to register. Questions about the event or interested in sponsorship opportunities, please contact Kellie Korhonen at kellie@agcsd.org or 858-750-4268 for more information.
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UPCOMING EVENTS
JOIN US...
BASEBALL BASH - JUNE 18 Take in a game from the rooftop of the Western Metal Supply Co. Building at Petco Park with fellow AGC members. Enjoy the views, mix, mingle and root for the Padres! Registration available online.
BLOOD DRIVE - JULY 9-11 Help AGC with our goal of over 500 pints of blood donated during our annual construction industry-wide blood drive. One pint saves three lives, we know you have it in you to give!
DAY AT THE RACES - JULY 19 Spend the day at the Del Mar Racetrack with AGC! This popular event sells out fast, so be sure to sign up once registration opens in June!
CLC SUMMER MIXER & CAR SHOW - JULY 30 Join us for FREE at the annual summer mixer at AGC San Diego. Enjoy delicious food truck fare, beer & margaritas, while checking out the hot rods and meeting AGC members. Registration details coming soon. 14 AGCSD.ORG
The Associated General Contractors of America, San Diego Chapter, Inc.
FREE FOR AGC SAN DIEGO MEMBERS Not a member? Ask about a free trial
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To Learn More Contact AGC Plan Room ( 858) 558-7 444 planroom@agcsd.org
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JOIN THE LARGEST PLAN ROOM NETWORK IN CALIFORNIA One subscription provides coverage in San Diego, Imperial, Orange, Riverside, and Son Bernardino counties, as well as selected projects from Los Angeles county and selected private sector and military projects released by General Contractors. Additionally, by joining the AGC Online Plan Room, members gain access to Northern California projects through AGC's Plan Room partners. Annual Subscription Price is $595
THE VOICE OF CONSTRUCTION
2019 Installation & Awards Dinner
January 21, 2019
At the Hilton San Diego Bayfront
Teaming With Local Contractors Since 1947... Building Better Projects One Block at a Time.
WHY MASONRY? • • • • • •
Locally Manufactured Economical Construction Design Flexibility Structural Integrity Sustainable Design Energy Efficient
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“When meeting a schedule is critical, using concrete masonry units makes it possible to meet an aggressive time line. Since the units are pre-finished, no additional finishing is required; reducing the installation time.”
18 AGCSD.ORG
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Pechanga Resort and Casino Temecula, CA
ARCHITECT: Delawie GENERAL CONTRACTOR: Tutor Perini MASONRY CONTRACTOR: Winegardner Masonry BLOCK PRODUCER: RCP Block & Brick
Skyline School San Diego, CA
ARCHITECT: Davy Architecture GENERAL CONTRACTOR: Balfour Beatty Construction MASONRY CONTRACTOR: Haxton Masonry BLOCK PRODUCER: RCP Block & Brick
Stylus Park Otay Ranch, CA
ARCHITECT: Schmidt Design Group GENERAL CONTRACTOR: M.A. Stevens Construction MASONRY CONTRACTOR: Cleavenger Masonry BLOCK PRODUCER: RCP Block & Brick
AGCSD.ORG 19
APPRENTICESHIP Gateway into the AGC Apprenticeship Program: Pre-apprenticeship Opportunities Free of Charge! By Glenn Hillegas, Apprenticeship Executive Vice President
The construction industry is experiencing a shortage of skilled and trained craft professionals to perform high-paying prevailing wage construction work. The San Diego AGC and EGCA Foundation are actively recruiting individuals to join the skilled and trained construction workforce. AGC Apprenticeship has developed two new opportunities for individuals who may be considering a construction craft career: •
An introductory two-day/16-hour “Try the Trades” Camp will be conducted on Friday, July 12 and Saturday, July 13, 2019.
•
The second opportunity is a two-week/80-hour “Apprenticeship Jump-start” camp designed to provide advanced entry into the AGC Apprenticeship Program. The camp will be operating July 22 to August 2, 2019.
The two-day/16-hour “Try the Trades” Camp was designed for individuals, with little or no construction experience, who are considering a career in construction. All applicants must be at least 17 years of age. The camp will allow applicants to try carpentry, cement masonry, drywall installation, drywall finish, laborer and painting activities. The camp instructors will be industry professionals working in the San Diego region. The two-day camp hours will be Friday, July 12, 2019; 8:00 a.m. to 4:30 p.m. and Saturday July 13, 2019; 8:00 a.m. to 4:30 p.m. The program is a first come - first serve opportunity and class size is limited. For more information or for camp registration please call (858) 558-8700, ext. 302 or email training@agcsdatt.org. Motivated individuals, with some construction experience, who want to gain priority entry in the AGC Apprenticeship Program, should register for the “Apprenticeship Jump Start Camp” two-week/80hour course. The course is designed to provide an orientation to the AGC Apprenticeship programs. Attendees who complete the course will receive job placement assistance in their chosen AGC craft program, OSHA 10 Certification and First Aid/CPR/AED training. All course hours will be applied towards apprenticeship program completion. The Jump Start Camp is scheduled for Monday-Friday, July 22 to August 2, 2019; 8:00 a.m. to 4:30 p.m. AGC Apprenticeship maintains a safe and drug-free training environment. All illegal drugs, alcohol and cannabis are forbidden. Applicants will be drug tested and class sizes are limited. The Jump Start Camp is also a first come – first serve opportunity. For more information or for camp registration please call (858) 558-8700, ext. 302 or email training@agcsdatt.org. All women, veterans, racial and ethnic minorities are encouraged to apply.
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NEW CLASS COMING TO THE AGC SAN DIEGO AUGUST 2019 ESTIMATING CIVIL CONSTRUCTION EARTHWORK - PIPEWORK - ROADWORK 3-DAY PROGRAM
Experience 3 days of hands-on training in civil estimating. This course is designed for beginning to intermediate estimators, as well as any construction professional who needs to refresh their estimating skills. Participants use concise and proper methods to prepare thorough, organized cost estimates gaining knowledge and skills from world class instruction by an experienced estimator. Practical application using hands-on exercises from real world examples will guide participants through critical problem solving and discussion. LEARN HOW TO: • Accurately quantify earthwork, pipework, and paving. • Properly adjust quantities for swell, shrink, subsidence, and waste. • Select appropriate equipment for a cost-effective estimate. • Determine accurate productivity rates for projects. • Calculate the production cost estimate of a project by using the crew analysis method. • Analyze and apply appropriate overhead markup. • Compute labor cost and labor burden applications. • Find efficient takeoff shortcuts on site and road plans. • Use techniques for making bidding more profitable • Understand WBS Structure with applications to your estimate MODULE 1: ESTIMATING EARTHWORK Minimize your estimating earthwork risk by increasing your estimating knowledge and skills. This course will teach the estimator correct guidelines for verifying quantities, adjusting soil swell and shrink, selecting efficient equipment and determining productivity using numerous real-life examples. MODULE 2: ESTIMATING PIPEWORK Discover the principles of underground utility construction cost estimates. This course shows participants how to improve costing, pricing, and production techniques of underground utility contractors on private and government projects. MODULE 3: ESTIMATING ROADWORK & PAVING Learn the primary aspects of estimating roadwork and paving construction. Participants will hone skills necessary to assemble a detailed and accurate estimate using paving and roadwork items. Whether unit cost or lump sum, road project or site paving, practical experience is gained using hands-on exercises and problem-solving challenges. ADDITIONAL INFORMATION : EQUIPMENT, LABOR, OVERHEAD COSTS Calculate real-world direct costs and markup costs for the contractor the proper way. The estimator will learn and receive all the tools necessary for accurate costs to use in their estimates using industry proven methods. Instructor Michael Somers, owner of The Construction Classroom has an extensive background in business, with strong emphasis in cost management, estimating and new business development. Successful tenure as a business owner. Skilled in developing and implementing new operations or projects. Accomplished trainer / consultant/teacher for Construction Industry.
DATES August 12 - 14, 2019 Location: AGC San Diego Chapter Training Center 24 AGCSD.ORG
FOR INFORMATION GO TO WWW.AGCSD.ORG OR CONTACT BECCA SCHAFFER AT 858-731-8155 | BECCA@AGCSD.ORG
AGCSD.ORG 25
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AFFILIATE'S MIXER March 14, 2019 at Tom Ham's Lighthouse
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San Diego History Center
Risk... Needs to be Managed.
San Diego River bridge near Old Town after the 1916 flood
Managing Risk and Negotiating Insurance
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AGCSD.ORG 29
HUMAN RESOURCES NEW CALIFORNIA EMPLOYMENT LAWS FOR 2019 By Chad T. Wishchuk, Partner at Finch, Thornton & Baird, LLP
California employers once again face new employment laws this year. As businesses enter the second quarter, review of the more significant new laws affecting the workplace is prudent – especially if your business has not already done so. Unless noted, each of the laws was effective as of January 1, 2019. Increase To The Statewide Minimum Wage (SB 3): Enacted in 2016, SB 3 provides for an annual statewide increase of the minimum wage until it reaches $15.00. On January 1, 2019, the minimum wage for employers with 25 or more employees increased to $12.00 per hour, and the salary threshold for exempt employees increased to $49,920. The minimum wage for employers with 25 or fewer employees increased to $11.00 per hour, and the salary threshold for exempt employees increased to $45,760. Employers should also check each jurisdiction in which they have employees to confirm if the minimum wage has increased at a local level. Updates To Sexual Harassment Training Requirements (SB 1343): Under SB 1343, employers with five or more employees must provide at least two hours of sexual harassment training to supervisory employees, plus one hour of training to non-supervisory employees. Sexual harassment training must occur by January 1, 2020, and then every two years. In addition, new 30 AGCSD.ORG
employees must be trained within six months of their hire date and temporary employees must be trained within 30 days or 100 hours of their hire date. The new law also requires the Department of Fair Employment and Housing to develop training materials (including videos and certificates) for employers to use, and they are expected to be published in late 2019. Amendments To The Fair Employment And Housing Act (SB 1300): SB 1300 makes numerous changes to the California Fair Employment and Housing Act (“FEHA”). The new law prohibits an employer from requiring an employee to “release a claim or right” (as defined) in exchange for a bonus, raise, or as a condition of employment or continued employment. SB 1300 additionally prohibits an employer from requiring an employee to sign a non-disparagement agreement or other document prohibiting an employee from disclosing information about unlawful acts in the workplace, including sexual harassment, in exchange for a bonus, raise, or as a condition of employment or continued employment. SB 1300 does not apply to a “negotiated” (as defined) settlement agreement to resolve an underlying FEHA claim that has been filed by the employee in court, before an administrative agency, alternative dispute resolution, or through the employer’s internal complaint process. In
addition, SB 1300 amends FEHA’s cost provisions so that a prevailing defendant cannot be awarded attorneys’ fees and costs unless the case was frivolous, unreasonable or groundless when brought, or the plaintiff continued to litigate after it clearly became so. SB 1300 also adds required content to the mandatory sexual harassment training to include bystander intervention training. The new law also extends employer liability for any kind of unlawful harassment by non-employees (not just sexual harassment under existing law). Finally, SB 1300 contains several legislative declarations concerning the legal standard courts should consider when evaluating harassment claims. Restrictions On Confidentiality Provisions In Sexual Harassment Settlement Agreements (SB 820): SB 820 prohibits provisions in settlement agreements entered into on or after January 1, 2019, that prevent the disclosure of “factual information related to a claim filed in a civil action or a complaint filed in an administrative action” regarding: (1) sexual assault; (2) sexual harassment in violation of the Unruh Act; (3) workplace sexual harassment, sex discrimination, or retaliation against a person for reporting sex harassment or discrimination under FEHA; or (4) harassment or discrimination based on sex, or retaliation, by the owner of a housing accommodation. This prohibition does not apply to nondisclosure provisions regarding the identity of a claimant—or facts that would lead to the discovery of their identity—if requested by the claimant unless a government agency or public official is a party to the agreement. This law also does not prohibit a provision that prevents the parties from disclosing the amount of the settlement. Protecting Testimony Regarding Sexual Harassment (AB 3109): AB 3109 limits the use of nondisclosure provisions in contracts or settlement agreements that preclude a sexual harassment victim from discussing misconduct when compelled to do so. The new law also renders void any agreement entered into on or after January 1, 2019, that waives a party’s right to testify in any proceeding concerning alleged criminal conduct or sexual harassment by the other party when the testifying party has been required or requested to appear by a subpoena or court order, or written request by an administrative agency or the legislature. AB 3109 does not prohibit all nondisclosure agreements.
New Defamation Protections For Sexual Harassment Complaints, Investigations, And References (AB 2770): Existing law makes certain communications privileged, including communications concerning the job performance or qualifications of an applicant for employment that are made without malice by a current or former employer to a prospective employer. AB 2770 expands this privilege to include the following types of communications in the workplace: (1) a complaint of sexual harassment, based on credible evidence and made without malice, by an employee to an employer; (2) communications between an employer and “interested persons,” made without malice, regarding a complaint of sexual harassment; and (3) an employer’s answer, given without malice, to an inquiry about whether or not it would rehire a current or former employee, and whether the decision not to rehire is based on a determination that the former employee engaged in sexual harassment. Updates To “Ban The Box” Limitations (SB 1412): SB 1412 identifies exemptions from previously enacted limitations on an employer’s ability to obtain or use an applicant’s or employee’s conviction history, including that employers may conduct criminal history inquiries or use criminal history information in employment decisions if required by other state or federal law. SB 1412 also clarifies that an employer is not prohibited from asking an applicant about, or seeking from any source, a conviction of the applicant if, pursuant to federal or state law: (1) the employer is required to obtain information regarding the particular conviction of the applicant; (2) the applicant would be required to possess or use a firearm; (3) an individual with that particular conviction is prohibited by law from holding the position sought; or (4) the employer is prohibited by law from hiring an applicant who has that particular conviction. “Particular conviction” is defined as a conviction for specific criminal conduct or a category of criminal offenses prescribed by any federal law, federal regulation, or state law that contains requirements, exclusions, or both, expressly based on that specific criminal conduct or category of criminal offenses. SB 1412 also clarifies that employers are permitted to conduct criminal background checks for employment purposes, as required by state, federal or local law. In addition, employers are also permitted to seek or request an applicant’s criminal history obtained pursuant to procedures otherwise provided for under federal, state or local law. Continues on next page >
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Lactation Accommodations (AB 1976): AB 1976 amends existing law to specify that employers should make reasonable efforts to provide a lactation location other than a bathroom. The new law provides that the lactation location may be temporary pursuant to an undue hardship exemption under limited circumstances. Inspection Of Payroll Records (SB 1252): SB 1252 clarifies that under Labor Code section 226, current and former employees have the right to inspect and receive copies of their payroll records upon request. Clarifications For Restrictions On Using Salary History (AB 2282): Enacted in 2017, Labor Code section 432.3 prohibits employers from seeking or relying on an applicant’s salary history information and requires employers to provide a “pay scale” for a position to an applicant upon reasonable request. AB 2282 clarifies that “applicant” or “application for employment” means an applicant who is seeking employment and is not currently employed with that employer. The law also defines “pay scale” to mean a salary or hourly wage range and “reasonable request” means a request
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made after an applicant has completed an initial interview. AB 2282 also adds that employers are not prohibited from asking about an applicant’s “salary expectation” for the position. Expansion Of Paid Family Leave Uses (SB 1123): Beginning January 1, 2021, SB 1123 expands the paid family leave program to provide benefits for employees who take time off to participate in a qualifying exigency related to the covered active duty or call to covered active duty of the individual’s spouse, domestic partner, child, or parent in the Armed Forces of the United States. Chad T. Wishchuk, Esq. is a partner at the construction law firm of Finch, Thornton & Baird, LLP. His practice focuses on labor and employment matters including wage and hour defense and litigation, California and federal OSHA defense and compliance, and employment discrimination and harassment defense. Kathleen A. Donahue, Esq. is an attorney at Finch, Thornton & Baird, LLP where her practice focuses on labor and employment, discrimination and harassment, and California and federal OSHA defense and compliance matters. For more information, visit www.ftblaw.com.
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