For the legislative and political week January 2-6
Happy New Year and welcome to the January 2-6 edition of the NFIB California Main Street Minute from your NFIB small-business-advocacy team in Sacramento.
Step on the Gas, Commissioner
- “Your office’s failure to approve the majority of pending auto insurance rate filings over the last 31 months has caused serious imbalance in the auto coverage marketplace. As a result, California is on the verge of an auto insurance coverage crisis – where coverage options for consumers are already being restricted. The longer you delay, the fewer options Californians will have to protect their vehicles and families with auto insurance.”
- So stated a coalition letter, which NFIB is a signatory on, to California Insurance Commissioner Ricardo Lara. It was sent to him on December 22.
Speaking of Stepping on the Gas
- “Large trucks and buses made before 2010 will be prohibited from operating on California roadways starting Jan. 1,” reports KCRA-TV in Sacramento. “It’s the final rule in a set of clean air regulations the California Air Resources Board passed nearly 15 years ago.”
Fast Food. Fast Decision.
- According to a Friday morning (December 30) report by PoliticoPro, “A coalition of restaurants challenging California’s FAST Act filed a lawsuit Thursday to block the fast-food labor law from taking effect on Jan. 1, as planned.
- “The group said it should not have to wait until state officials deem a referendum on the law to be eligible for the November 2024 ballot for the new rules to be put on hold — arguing its proponents have already submitted far more than the required number of signatures.”
- Come Friday afternoon, PoliticoPro updated the story to reflect the judge’s ruling. “California’s sweeping new fast food labor law will not take effect on Jan. 1 as planned after a judge granted the delay sought by industry opponents.
- “A coalition of chain restaurants had sued to block the imminent implementation of CA AB257 (21R), arguing the state should wait and see if their referendum challenging the law has qualified for the 2024 ballot. Sacramento Superior Court Judge Shelleyanne W. L. Chang granted that request on Friday, freezing the law until a Jan. 13 hearing at the earliest.”
- NFIB California vigorously opposed Assembly Bill 257 and fully supports the referendum, calling it “the battleground for the future of free enterprise” and urging its members to act in this Talking Points Memorandum. (The signtures have been collected and are currently being verified by the secretary of state.) Additional information can be found at Save Local Restaurants.com.
Equal Pay Act
- “Under the amended Equal Pay Act, an employer must keep records of wages, wage rates, job classifications, and other terms and conditions of employment for a period of three years … Additionally, starting January 1, 2023, an employer must keep records of a job title and wage rate history for each employee for the duration of the employment plus three years after the end of the employment. The records shall be open to inspection by the Labor Commissioner in order to determine if there is still a pattern of wage discrepancy.”
- The Department of Industrial Relations has the above information and more in this everything-you’ve-ever-wanted-to-know-about-the-Equal Pay Act story.
Because We’re California
- “Bongs aren’t subject to Prop. 65 warnings, California Supreme Court says,” reports the San Francisco Chronicle. “The state Supreme Court refused Wednesday to require manufacturers of products that can be used to smoke marijuana, such as a ‘bong’ pipe, to warn customers that they could be exposed to a chemical that causes cancer.”
- “Senator Scott Wiener (D-San Francisco) introduced Senate Bill 58 to decriminalize the possession and personal use of certain psychedelic drugs. SB 58 is backed by a broad coalition, including combat veterans,” according to a news release issued by his office.
- Meanwhile, Wiener’s fellow San Francisco lawmaker, Assembly member Matt Haney, issued this news release: “First-in-Nation Law to Require Opioid Blocking Nasal Spray in Gas Stations, Bars and Libraries. Assembly member Haney’s AB 24 will require opioid blockers in likely overdose locations.”
As a Reminder: New Laws for 2023
- Ben Ebbink, one of California’s premier labor and employment law experts, singles out four laws that small-business owners should be especially aware of that are taking effect in 2023. Click here to listen to the podcast.
- The Main Street Minute also had this list of other new laws taking effect January 1. The Sacramento Bee also released its list of the handful of bills of importance.
NFIB National
- Last Wednesday (December 28), NFIB released this statement on the IRS announcement that it will delay the expanded Form 1099-K reporting requirement for annual transactions in excess of $600 from online platforms like eBay, Etsy, Venmo, and CashApp.
- Two days later, NFIB issued another statement on the EPA’s new WOTUS (Waters of the United States) rule.— “We are disappointed that the EPA ignored NFIB’s call for the agency to wait while Sackett v. EPA is pending at the U.S. Supreme Court,” said NFIB President Brad Close. “America’s small farmers, ranchers, developers, contractors, and other small businesses with water on their property have been affected greatly by the ongoing changes to WOTUS standards. This final rule further complicates compliance standards and increases uncertainty for small businesses as they wait to hear from the Supreme Court.”
- In two days, Wednesday, January 4, 2023, at 12 Noon ET, join Elizabeth Milito, executive director of the NFIB Small Business Legal Center, and Holly Wade, executive director of the NFIB Research Center, for a webinar on the Seven Essential New Year’s Resolutions for Small Business.— Marketing strategy essentials
— Writing (or revamping!) a business plan
— Creating a winning mission statement
— Best employee engagement and retention practices
— Risk and liability assessments
— Top tax and budget tips for 2023— RSVP here. The link will also allow you to submit a question ahead of the webinar.
Next Main Street Minute January 9.
