Bills That Would Negatively Affect California Employers

CalChamber employment law expert Matthew Roberts and CalChamber Policy Advocate Ashley Ho man discuss bills that, if passed, would signi cantly a ect California employers — and not in a good way.

SB 809: Replaces Fair Chance Act

SB 809, would, at its core, replace the Fair Chance Act, which prohibits employers from asking about an applicant’s conviction history during the hiring process and allows employers to run a background check only a er making a conditional job o er.

SB 809 goes quite a few steps past that, according to Ho man, who says that it essentially prohibits employers from inquiring about conviction history and running background checks — or considering such information even if it’s voluntarily disclosed or readily available online.

“So even if you saw an article about your employee or an applicant and something they did, you could not consider it when you’re deciding whether to hire or promote someone,” she says, adding that the only exception is if existing law specically grants the right to do a background check, “or essentially grants you the right, by saying something like, ‘You can’t hire someone who has had a DUI for this position,’ or something along those lines” (as seen in certain health care-, banking- or transportation-related positions).

is concept raises many red ags with employers, Roberts says, adding that SB 809 also would a ect the federal Fair Credit Reporting Act (FCRA) and California’s Investigative Consumer Reporting Agencies Act (ICRAA), both of which mandate that employers follow certain disclosure and authorization requirements when running criminal background

Miners on Main Scavenger Hunt

checks.

e bill, Ho man explains, would amend the ICRAA to require that any investigative consumer report notice also include:

•All specific job duties for the position that may have a direct or adverse relationship to a potential conviction; and e biggest concern, however, is the prohibition on background checks and conviction history, Ho man says, because many laws out there allow employers to run a background check or say some individuals can’t be hired for certain positions. But many industries — like restaurants and other customer-facing industries, or businesses that aren’t banks but handle sensitive nancial information — aren’t covered by such laws, and not being able to run a background check could put those businesses in a vulnerable position. And that vulnerability extends to workplace violence, sexual harassment and sexual assault. “You don’t want to be hiring someone who has a record of that, and then put them in a position where they may be working alone with a coworker,” she says, “and, unbeknownst to you, that coworker’s now vulnerable.” says, employers have become more and more comfortable nding their voices around political issues — and SB 399 addresses their ability to share their opinions with employees.

•A statement that includes all of the laws and regulations that impose restrictions or prohibitions for employment on the basis of a conviction that would prohibit the employer from hiring a certain person.

And the big issue here, she notes, is that ICRAA/FCRA cases are brought all the time, so if an employer were to forget one regulation, one law — or forget or not realize one job duty should be included — they could face serious litigation for a violation.

More speci cally, Ho man says the bill states that employers aren’t allowed to require employees to attend a meeting or “participate in communications” regarding political or religious matters — and “political matters is really where the heart of the bill is,” she says. “It’s essentially where the employer is expressing their viewpoint on political matters, which could include legislation, a political party, a candidate, whether or not to join or not join a labor organization.” is bill, Ho man continues, essentially takes away the employer’s right to have what are sometimes referred to as “captive audience” meetings, where they require employees to attend and could express their opinion on unionization, for example. But the way the bill is written, she says, could have a chilling e ect on any discussion regarding politics or unionization.

“If you’re standing in the hallway with your supervisor and they start talking about something, or maybe someone else comes up and asks a question — you could see an employee saying, ‘Oh, I felt like I couldn’t leave,’” Ho man says. “I think the consequence of the bill is that it’s going to make employers feel like they can’t ever talk about these subjects. … When you have a bill out there like this, it makes you feel like you really can’t say anything to your workers.”

One thing to note is that other states have attempted to pass this type of bill and local jurisdictions have attempted to pass such ordinances — most of which have been struck down when challenged, as they were preempted by the National Labor Relations Act (NLRA). Concerns about the First Amendment and an employer’s right to talk about some of these issues also exist.

Interestingly, California already prohibits forcing an employee to engage in politics and retaliating against employees based on engaging or not engaging on certain issues, Ho man says, and a lot of rules already exist around what employers can do as far as discussing unionization: ey can’t threaten someone, promise something in exchange or spy on them. “A lot of these protections, from our point of view, really are already in place.”

SB

399: Political Communications

Since the start of the pandemic, Roberts

A Pril C Alendar Of E Vents

There are ten “Miners” hidden throughout Main Street Placerville from Sacramento Street to Clay Street. These Miners all had an impact on Placerville and El Dorado County during the Gold Rush period. Each miner has a QR code on the medallion that will take you to a webpage about the miners when scanned with your phone camera. So grab your phone and begin your hunt. visit-eldorado.com/miners-on-main/

The Green Room Social Club

Live music from local and national touring acts. Thurs: 11:30 a.m. – 9 p.m., Fri / Sat 11:30 a.m. -11 p.m., Sun: 10 a.m. – 4 p.m., Mon: 11 – 9. Online reservations – clubgreenroom.com or call 530-344-7490. 251 Main St., Placerville.

April 1 and 15 Wakamatsu Open Farm Day

Take a trip around the lake on the 1.5-mile wheelchair-accessible trail. Bring a picnic and chair to sit and relax. On-site interpreters can share information and answer questions about Wakamatsu Farm's human and natural history. Amenities are limited, so plan for rugged outdoor leisure. Steady rain or temperatures over 100 degrees will cancel. Cost: $10 per vehicle. Located at: 941 Cold Springs Rd. Placerville, CA. Registration link: https://app.donorview.com/jRNKg

For more information on these and other events, visit www. visiteldorado.com Event date, time, cost or locations are subject to change. Prior to attending an event please con rm the information

April 1 Egg hunt at the Blueberry Farm

We’ve helped the Easter bunny stuff over 1000 eggs lled with toys and candy!

10 a.m. tot- hunt ages 3 and under, 11 a.m. ages 4-7, Noon ages 7 and up. Ticket Includes games and activities for the kids while they wait for their age group egg hunt including a cookie decorating station, bunny ear craft design, egg race and many more! 10:00 am - 3:00 pm https://www.eventbrite.com/e/easter-egg-hunt-on-the-farm-tickets-523965383567

April 1 Pizza, Wine and Live Music

We will have Patrick Walsh LIVE in the Event Room playing 4 p.m. – 6:30 p.m. Reservations for food NOT Required but Recommended. No outside food or alcohol allowed. www.sierravistawinery.com/shop/events/pwalsh

April 2 Cedar & Twine Grand Opening

There will be light desserts, coffee, and 10% off the entire store! 11 a.m. - 5 p.m. www.cedarandtwineco.com

April 8 Easter Egg Hunt

Lions Park - 3633 Cedar Ravine Rd. Come play games and hunt for eggs. FREE FOOD and fun presented by the Kiwanis Club of Placerville. 8 a.m. to noon. www.placervillekiwanis.org/ Page/7221

April 8 Living History Day, Marshall Gold

Discovery State Historic Park

Come explore what life would have been like in Coloma during 1850. Docents will have demonstrations set up to show the park visitors different hands-on demonstrations and crafts that people did during the California Gold Rush. Celebrate spring and learn about life during the California Gold Rush during living history day demonstrations. Bring your best bonnet and take part in our Easter Bonnet Contest. We'll also have Easter/Spring crafts for the kids. Join us! 11 a.m. - 3 p.m.

April 8 Zen Meditation & Qigong in the Wakamatsu Garden

Join local mindfulness instructor Berry Crawford for a peaceful and relaxing event at the beautiful and historic Wakamatsu farm. This event will include sessions of Qigong, mindfulness meditation and walking meditation. Come learn to relax, recharge, and let go with these ancient and effective practices. Responsible/ quiet 12-year-olds+ welcome. A detailed email will be sent once you register online. 1 p.m. - 2:30 p.m. https://app.donorview. com/09nYn

April 13 Virtual Presentation – Understanding

Bird Bones and Skeletons

This virtual presentation is a chance to get excited about what’s hidden under the feathers of birds, and the ways that bones shape how birds move and adapt to their environments. David Lukas is a professional naturalist and author of Sierra Nevada Birds and Sierra Nevada Natural History. Recommended and geared for adults, but all ages welcome. 6:30 p.m. - 7:30 p.m.

Cost: $10/members, $15/non-members. You will receive Zoom details once you register online. https://app.donorview.com/ vOmk9

April 15 Acorn Creek Family and Photo Hike

Marcus Christian, ARC Board Member and photography-lover wants to share his interests. Join him solo or bring friends and family to get an introduction to hiking and tips on taking nature photos. A detailed email will be sent once you register online. 8 - 10:00 a.m. https://app.donorview.com/wkLzV

April 15 Spring Plant Sale

Edibles- including fruit, veggies, herbs, tomatoes!! Trees, shrubs, grasses, succulents, native and perennial plants. 8a.m. - 12:00 p.m. https://ucanr.edu/sites/EDC_Master_Gardeners/ les/3733

April 15 & 16th 36th Annual Rock and Gem Show

The El Dorado County Mineral and Gem Society is proud to bring you our 36th annual Rock and Gem Show. Featuring a variety of “Treasures in the Rough”. A great show for experienced rockhounds or new collectors. 10 a.m. - 4 p.m. https://edcmgs.org/ activities-events/rock-gem-show/

April 15 Sierra Vista Spring Bud Break Sip and Stroll

Wine tasting through the Vineyard with food pairings at 4 different stations in the Vineyards. Elevation paired with Cool Farms Mushroom on our puff pastry with herbed goat cheese. Viognier paired with Roasted Corn Chowder Hand Pies. Fleur De Montagne paired with Beef Canapes with Golden Wood Bee Farms Honey whipped into Blue Cheese and a Plum and Fleur De Montagne reduction. Cabernet Sauvignon paired with Mini Chocolate Cherry Tiramisu. 12:00 p.m. - 5:00 p.m. RSVP by 4/12/23. www.sierravistawinery.com/shop/events/spring-sipstroll/

April 16 Sogetsu Ikebana Class

Disassembling and Re-assembling Materials. Instructor Yasmin Spiegel is a “Sensei“ (teacher) in the Sogetsu School of Ikebana, Japanese ower arranging. Ages 8+ w/adult supervision. Meeting location Gold Hill/Placerville area. $35/members, $45/non-members. 10 a.m. - 1 p.m. https://app.donorview.com/VjqYz

April 16 Empty Bowls Supper Fundraiser for both local and international agencies, providing much needed awareness of hunger-related issues. Handmade bowls, good food, live music, dessert and wine, silent auction... and plenty of fun and great community spirit! 3 - 7 p.m. https:// edpjc.org/

April 19 Fishing on the Farm

3rd Wednesday of each month March-May, 5 p.m. – Dark

Try your hand at casting techniques, catch a few bass, and enjoy the serenity of the 8-acre lake. Participants over 16 must have a valid CA shing license. All ages welcome. $10/members, $15/ non-members. https://app.donorview.com/y9JeY

April 22 Salmon Falls Ranch Hike

Hike the new and old trails at Salmon Falls Ranch with ARC board member Scott Vail. Explore the proposed and new construction of trails on this intermediate-dif cult (Dead Oak trail portion) hike of 6-7 miles. Wild owers should be abundant. Wellbehaved dogs OK. Rain or shine. Ages 12+ welcome. Meeting location in Pilot Hill. Suggested Donation: $5/members, $10/ non-members. 9 a.m. - 1 p.m. https://app.donorview.com/Vjqro

April 22 38th Annual Kids' Expo

Whether it be to sit behind the wheel of a re truck, spin prize wheels or get their face painted, families and children are able to participate in a wide variety of creative activities while learning about community services, educational programs, businesses, and extra-curricular activities. 10 a.m. - 2 p.m. www.catalystcomm.org/event/38th-annual-kids-expo

April 22-23 Passport to The Great Out There

El Dorado wineries draw from more than stellar winemaking skills- experience the daring spirit, creative freedom, inspiring Sierra landscape, dynamic agriculture, and the character-rich true-grit culture of this cult-classic mountain wine region. With your 1 or 2 Day Passport to the Great Out There ticket, you’ll be able to enjoy exclusive access to limited bottlings, reserve wines, creative food pairings, along with the fun and unique character of over 17 participating wineries. www.cellarpass.com/ events/2023-passport-to-the-great-out-there-9489

April 23 Spring Supper at Saureel Vineyards

In support of the Placerville Days for Girls Teen Club members as they embark on a humanitarian aid journey to Kenya this July. Enjoy delectable cuisine and libations sponsored by Kings Meats, Charcuterie Table by Dedrick's Cheese, Toogood Estate Winery, Solid Ground Brewing, Madrona, Sweet Pairings, Gros Ventre Cellars, Sierra Rizing, and Chef John Metropulos, Lotus Pub. 46:30 p.m. https://www.eventbrite.com/e/spring-supper-at-saureelvineyards-tickets-536145414367

April 23 Golf Tournament

Hosted by the El Dorado Adventist School Alumni at Apple Mountain Golf Resort. Registration 9 a.m. 10 a.m. Shotgun start. $125 per person/$475 Foursome. Includes 18 holes, range balls, great prizes and BBQ lunch immediately following. For info and registration (530) 499-0593

April 29 Rise & Shine Community Day of Service

Join other fun-loving volunteers as we clean up, x up, and spruce up our parks and community spaces! You choose your work site and meet there at 8 am. We work in the sunshine for a few hours and then gather for a picnic at Lions Park. Our time & efforts keep the parks beautiful and allows us all to be part of what makes Placerville so special. We hope you will join us and make a new friend as we serve together. 8 a.m - 12 p.m. https:// placerville-riseandshine-2020.eventbrite.com

April 29 North County Cemetery Crawl

Georgetown and Greenwood have some of the most spectacular pioneer cemeteries in the county. Let’s explore three of them, with an optional “stop for a pop” at a classic roadhouse dive bar in Greenwood. All ages welcome. Well behaved dog on-leash OK. Suggested Donation: $10. A detailed email will be sent once you register online. 9:30 a.m. - 12:00 p.m. https://app.donorview. com/7eokA

April 29 Wakamatsu Farm and American River Conservancy Fundraiser

Come visit the farm, enjoy tea and lunch, tour the Farmhouse museum, stroll the grounds and don’t forget to enter the raf e!

Tickets $30. 12:30 p.m. - 3:00 p.m. https://app.donorview.com/ Gg9k0

April 30 Placerville Shakespeare Club Authors Day Featuring author presentations, question & answer period, book sales, book signings, door prizes and light refreshments. Tickets $15. All event proceeds will fund scholarships for local students. 2940 Bedford Ave. 12:00 p.m. - 3:00 p.m. www.placerville-shakespeare.com

For more information on these and other events, visit www.visiteldorado.com Event date, time, cost or locations are subject to change. Prior to attending