The Governor has taken final action on several key bills impacting the food processing Industry. The measures include:

• Forced Unionization Process for Agricultural Employees: Governor Newson signed AB 2183 which establishes a card check process for unionizing agricultural employees. It was strongly opposed by CLFP and agricultural organizations. It limits an employee’s ability to independently and privately vote for unionization in the workplace and forces employers into union submission by eliminating a secret ballot election and replacing it with card check or requiring employers to waive certain rights to proceed through an untested ballot procedure under which the ballot can be filled out by labor organizations. Also, unfairly limits an employer’s ability to challenge the cards submitted by forcing employers to post an unreasonable bond, and then limits an employee’s ability to decertify a union by forcing them to go through the ballot election process instead of submission of representation cards. Also includes an unnecessary presumption of retaliation that is effectively unlimited in scope because it would apply for the duration of an election campaign, which could last for a year or more. CLFP is concerned about this policy and the precedent it sets for food processing facilities and other industries.
• Publication of Pay Data: SB 1162, signed by the Governor, requires employers to make pay scales available to job applicants and employees and expands California’s pay data reporting requirements. Employers should review the new requirements and begin preparing to comply with the changes for 2023.
• COVID-19 Paid Sick Leave: Governor Newsom signed AB 152, a COVID-19 paid sick leave extension that will push the current expiration date of September 30 to December 31, 2022.
• Workplace Marijuana Testing: The Governor signed AB 2188 which requires saliva (or other non-metabolite) testing be used when conducting marijuana testing in pre-employment or workplace settings, along with prohibiting discrimination based on marijuana usage.
• Circular Economy and Recycling: SB 54, signed by the Governor, creates the first Extended Producer Responsibility program in California for single-use packaging in order to create a circular economy that significantly increases recycling, reduces superfluous packaging, and mitigates any environmental impacts associated with improper disposal or recycling of single-use plastic packaging. CalRecycle will begin the regulatory process on implementing SB 54 and CLFP will be heavily engaged in the process.
• Water Quality Regulation: AB 2108, signed by the Governor, imposes unnecessary requirements on the composition of State and Regional Water Boards to include an EJ representative. It also injects burdensome analyses and mitigation requirements for State and Regional Water Board decisions on water quality planning and permitting decisions.
   

California League Of Food Producers