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NOVEMBER 16, 2018

State Water Board Delays Action on River Flows Again Written by Valerie Nera, CalChamber

The Gilroy Chamber of Commerce’s November Mixer was hosted by Pinnacle Bank. Jeff Payne, President/CEO of Pinnacle Bank welcomed community leaders, Pinnacle Bank board members and staff, Chamber board members and Chamber members. Pinnacle Bank- partnered with Gilroy Life www.gilroylife.com St. Joseph’s Family Center, asking those attending to bring canned and boxed goods to donate to St. Joseph’s food donation program. Pinnacle Bank made a sizable food donation, as well. Pinnacle Bank continues their generosity to the Gilroy Community.

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Immigration Enforcement: California State Officials Issue Guidance for Employers HR Question of the Day

Written Dana Leisinger, Adviser for CalChamber From theby California Chamber ofHR Comwhich a Notice of Inspection (NOI)

n an unexpected turn of events, after receiving a letter from Governor Edmund G. Brown Jr. and Governor-elect Gavin Newsom, the State Water Resources Control Board again delayed action yesterday on a proposal to amend the Bay Delta Water Quality Control Plan, which included changes to the minimum flow standards for the Lower San Joaquin River. The proposal calls for 40% “unimpaired flows” from February through June with a permitted diversion range of 30% to 50%, depending on conditions for the Stanislaus, Tuolumne and Merced rivers through to the San Joaquin River. The update is part of the final draft Bay Delta Water Quality Control Plan and has been the subject of hundreds of letters, extensive public comment and a significant number of one-on-one meetings with various stakeholders and experts regarding the effects of altering stream flows in the San Joaquin River.

merce Alert Newsletter — Feb. 16, 2018 was provided to the employer. Our employee is a smoker and comes in from breaks reeking of alifornia Attorney General Xavier cigarette smoke. WhatCommiscan I do? Also, can I ask applicants if they Becerra and Labor Notify Employees smoke to avoid problem in the future? sioner Julie Su thisthis week issued two Employers must follow specific documents for California employers requirements related to Form I-9 dealing with California’s First, an employee can beImmigrant disciplined and the lunch Indeed, the inspections. Forbreak. example, within 72 Worker Protection Act (AB 450). The for “reeking” of cigarette smoke. employer has the right to ban hours of receiving a Notice of InspecIn August, the board delayed • Attorney General Becerra issued discipline would be based on the smoking on anyemployers companymust premises. tion, California post a vote on the same subject in an advisory providing overview of unprofessionalism andan offensiveness a notice to all current employees response to a request from state should be remembered, and guidance on theof privacy prescrip- It of a person smelling cigarettes. informing them of any federal immiagencies, legislators, businesses, however, that smoking is a legal tions under AB 450. gration agency’s inspections of Forms water agencies, cities, counties Often employees sit in their carsjoint activity, and individuals are • Commissioner Su also issued I-9 or other employment records. and agriculture. and smoke, exacerbates entitled to smoke on their own guidance onwhich frequently asked quesEmployers also have obligationsto the problem. However, that is not time. Employees are protected tions to help employers and workers On Wednesday, instead of once the inspection is completed. the employer’s it’sthe thenew engage in lawful activity on their understand and problem, comply with voting on the control plan, the Within 72 hours of receiving the employee’s own time pursuant to Labor Code d Ferry state law. challenge. board took testimony and voted inspection96(k) results, must sections andemployers 98.6. graphy Links are available in the media to postpone the item until provide each Some people are allergic to cigarette section on the AtDecember 12, 2018. The goal of “affected smoke—which can be yet another Many employers prefer not emtorney General’s the plan is to establish flow and difficulty for the employer. to hire smokers; however, is of ployee” it a copy website at www. water quality objectives impermissible to ask applicant theanresults and a oag.ca.gov. Laws changed in 2016 expanding needed to reasonably if he/she smokes. Smoking is written notice of smoking bans. Consequently, Under AB 450, protect beneficial considered a physical and theconcern, employer’s at 7600 there are no longer smoking break uses, including fish and all employers, the Americans withand Disabilities employee’s reat raf- rooms. Theofnew wildlife. The proposal regardless size,law has extended Act (ADA) prohibitsobligations any questions arising business the ban of U.S. vaporizers as smoking, engendered criticism from must limit about smoking. from the inspecand has gotten agriculture, business and Immigration andrid of most of the tion. The written exemptions that were permitted Although smoking is on the water agencies on one Customs Ennotice must inforcement certain work decline per the Centers for side and praise from the (ICE) environments. contain specific Disease Control and Prevention, environmental community agents’ access to information and Also, smokers are not entitled to it is likely a company will hire a on the other. The proposal both the worksite must be hand-deadditional breaks so that they can smoker at some point in time, and leaves business, agriculture, and employee records, and must folvide an smoke. The employer can hold livered in the workplace, if possimaking it clear what people are water agencies and other low new notice obligations. This law ble. An “affected employee” is one velopemployees to their two rest breaks and are not entitled to is critical. water rights holders applies to all California employers and identified by the inspection results as Comwent into effect Jan. 1, 2018. potentially lacking work authorization SPONSORED CONTENT ng at 7:30 or having document deficiencies. onterey Warrants/Subpoenas Required Unions also have the right to receive California employers can no longer notices. An employer that fails to consent voluntarily to allow ICE to en- follow any of these notice requireter nonpublic work areas or to access ments can be fined between $2,000 company records. Instead, ICE must and $5,000 for a first violation and present legal documentation before between $5,000 and $10,000 for each Hall employers can allow access. subsequent violation. At the same Employers cannot voluntarily allow rch time, federal penalties for Form I-9 vian ICE agent to enter any nonpublic olations can range from a couple hunast dred dollars to more than $20,000. at (408) areas of a business without a judicial warrant. The employer can take the agent to a nonpublic area to verify the Preparation Is Essential warrant, as long as no employees are Because the timeframes are so present and the employer doesn’t pro- short, preparation is key to meeting vide consent to search nonpublic areas the notice requirements. Employers in the process. And, employers cannot p.m. at should have a process in place to respond to Notices of Inspection. Emrson and voluntarily allow agents to access, review or obtain employee records ployers should identify who in their rmed to without a subpoena or judicial warrant. organization would likely receive a m. Call The prohibition does not apply Notice of Inspection and confirm that r. to Form I-9 or other documents for person knows how to respond.

employers “canCalifornia no longer consent

voluntarily to allow ICE to enter nonpublic work areas or to access company records.

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scrambling to find alternative sources of water which could be very difficult in dry and drought years, and very expensive. California Department of Fish and Wildlife Director Charles Bonham and Department of Water Resources Director Karla Nemeth addressed the board on behalf of Governor Brown. Since the previous delay, agencies, water districts, farmers, cities and other affected groups have been working to craft voluntary agreements that would satisfy the requirements of the water quality control plan amendments proposed for adoption. The letter from Governor Brown and Governor-elect Newsom stated that “a short extension will allow these negotiations to progress and could result in a faster, less contentious and more durable outcome. Voluntary agreements are preferable to a lengthy administrative process and the inevitable ensuing lawsuits.” During the postponement, Governor Brown and Governor-elect Newsom “pledge to actively and meaningfully engage to bring this vital matter to a successful closure.” The board voted 3-0 for the delay, with two members abstaining. Board members struggled with the decision; there was much conversation and statements by members that they were torn and uncomfortable about agreeing to the delay.