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Learn about the new laws that will go into effect in 2017, including regulations on powdered alcohol, wage discrimination, and all-gender restrooms.
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New Laws for 2017 New Laws for 2017
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By hosting this Webinar, California Grocers Association (CGA) and the CGA Educational Foundation (CGAEF) are providing an opportunity for their members and attendees to learn general information that may be of interest to your company. The Webinar is designed to provide practical and useful information on the subject matter covered. However, CGA is not engaged in rendering legal, accounting or other professional advice or services. CGA/CGAEF does not review or approve the content of the webinar presented by guest speakers and others, and makes no representations or warranties about the accuracy or legality of any legal or other recommendations provided during the webinar. If legal advice or other expert assistance is required, the services of a competent professional should be sought. By hosting this Webinar, California Grocers Association (CGA) and the CGA Educational Foundation (CGAEF) are providing an opportunity for their members and attendees to learn general information that may be of interest to your company. The Webinar is designed to provide practical and useful information on the subject matter covered. However, CGA is not engaged in rendering legal, accounting or other professional advice or services. CGA/CGAEF does not review or approve the content of the webinar presented by guest speakers and others, and makes no representations or warranties about the accuracy or legality of any legal or other recommendations provided during the webinar. If legal advice or other expert assistance is required, the services of a competent professional should be sought. CGAEF Disclaimer
NEW LAWS • AB 1554 / SB 819 Powdered Alcohol • AB 1676 Wage Discrimination • AB 1732 Restrooms • AB 1843 Employment – Criminal History • SB 3 Minimum Wage Increases • SB 269 ADA • SB 1001 Employment: unfair practices • SB 1032 Wine Coupons
AB 1554 (Irwin)SB 819 (Huff) Powdered Alcohol EFFECTIVE: January 1, 2017
AB 1554 EXISTING LAW: • Federal Law grants states the authority to establish alcoholic beverage laws and administrative structures to regulate the sale and distribution of alcoholic beverages. • Establishes the Alcoholic Beverage Control Act (Act) which contains various provisions regulating the application for, the issuance of, the suspension of, and the conditions imposed upon, alcoholic beverage licenses by ABC. • Imposes regulations on the sale of alcoholic beverages and creates penalties for violations of those regulations. • Grants ABC exclusive authority to administer the provisions of the Act. • Establishes three types of alcoholic beverages for tax purposes, namely, distilled spirits, beer and wine.
AB 1554 EXISTING LAW CONTINUED: • Stipulates that any person who sells or offers for sale any vaporized form of alcohol produced by an alcohol vaporizing device shall be guilty of a misdemeanor punishable by a $1,000 fine or imprisonment in a county jail for up to six months. Provides that any person who purchases or uses any vaporized form of alcohol produced by an alcohol vaporizing device is subject to a fine of $250. • Prohibits the use in any advertisement of alcoholic beverages, of any subject matter, language or slogans addressed to and intended to encourage minors to drink alcoholic beverages.
AB 1554 Prohibits the Department of Alcoholic Beverage Control (ABC) from issuing a license to manufacture, distribute, or sell powdered alcohol, as defined. This bill also prohibits the possession, purchase, sale, offer for sale, distribution, manufacture, or use of powdered alcohol.
SB 819 This bill requires the ABC to revoke the license of any licensee who manufactures, distributes, or sells powdered alcohol.
AB 1676 (Campos)Wage Discrimination EFFECTIVE: January 1, 2017
AB 1676 EXISTING LAW: • Current law makes it a misdemeanor for an employer or other person acting either individually or as an officer, agent, or employee of another person to pay or cause to be paid to any employee a wage less than the rate paid to an employee of the opposite sex as required by these provisions, or who reduces the wages of any employee in order to comply with these provisions. Existing law also makes it a misdemeanor for an employer to refuse or neglect to comply with the above provisions of law.
AB 1676 This bill would specify that prior salary cannot, by itself, justify any disparity in compensation under the bona fide factor exception to the above prohibition.
AB 1732 (Ting)Restrooms EFFECTIVE: March 1, 2017
AB 1732 • Commencing March 1, 2017, all single-user toilet facilities in any business establishment, place of public accommodation, or government agency are required to be identified as all-gender toilet facilities. The bill would authorize inspectors, building officials, or other local officials responsible for code enforcement to inspect for compliance with these provisions during any inspection.
AB 1843 (Stone)Applicants for Employment: Criminal History EFFECTIVE: January 1, 2017
AB 1843 EXISTING LAW: Prohibits an employer from asking an applicant for employment to disclose, or from utilizing as a factor in determining any condition of employment, information concerning an arrest or detention that did not result in a conviction, or information concerning a referral or participation in, any pretrial or posttrial diversion program, except as specified. Existing law also prohibits an employer from asking an applicant to disclose, or from utilizing as a factor in determining any condition of employment, information concerning a conviction that has been judicially dismissed or ordered sealed, except in specified circumstances.
AB 1843 Prohibits an employer from asking an applicant for employment to disclose, or from utilizing as a factor in determining any condition of employment, information concerning or related to an arrest, detention, processing, diversion, supervision, adjudication, or court disposition that occurred while the person was subject to the process and jurisdiction of juvenile court law.
SB 3 (Leno)Minimum Wage Increase EFFECTIVE: January 1, 2017
SB 3 • $10.50 per hour on January 1, 2017 for employers with 25 employees or more • To $11 per hour on January 2, 2018 • To $12 per hour on January 1, 2019 • To $13 per hour on January 1, 2020 • To $14 per hour on January 1, 2021 • To $15 per hour on January 1, 2022
SB 3 How does a business calculate the number of employees it has for purposes of determining when it is required to raise it’s minimum wage?
SB 269 EXISTING LAW: • Current law specifies that a violation of construction-related accessibility standards personally encountered by a plaintiff may be sufficient to cause a denial of full and equal access if the plaintiff experienced difficulty, discomfort, or embarrassment because of the violation.
SB 269 For claims filed on and after 1/1/2017 there is a rebuttable presumption, for the purpose of an award of minimum statutory damages, that certain technical violations do not cause a plaintiff to experience difficulty, discomfort, or embarrassment, if specified conditions are met.
SB 1001 (Mitchell) Employment: Unfair Practices EFFECTIVE: January 1, 2017
SB 1001 Existing law: Prohibits an employer from engaging in, or directing another person to engage in, an unfair immigration-related practice against a person for the purpose of or intent to retaliate against any person for exercising a protected right, as specified. Existing law defines requesting more or different documents than are required under federal law, or refusing to honor documents tendered that on their face reasonably appear to be genuine, as an unfair immigration-related practice.
SB 1001 Makes it unlawful for an employer to request more or different documents than are required under federal law, to refuse to honor documents tendered that on their face reasonably appear to be genuine, to refuse to honor documents or work authorization based upon the specific status or term of status that accompanies the authorization to work, or to reinvestigate or reverify an incumbent employee’s authorization to work.
SB 1032 EXISTING LAW: The Alcoholic Beverage Control Act, prohibits a beer manufacturer or a beer wholesaler from offering, funding, producing, sponsoring, promoting, furnishing, or redeeming any type of coupon and a licensee authorized to sell alcoholic beverages at retail from accepting, redeeming, possessing, or utilizing any type of coupon that is funded, produced, sponsored, promoted, or furnished by a beer manufacturer or beer wholesaler.
SB 1032 Expands current law to wine.
SB 1032 Are Spirits next?
TOBACCO As of June 9, 2016, California state law expanded the definition of a tobacco product, for retail licensing purposes, to include: • Any product containing, made, or derived from nicotine that is intended for human consumption. • Any electronic smoking or vaping device that delivers nicotine or other vaporized liquids. • Any component, part, or accessory of a tobacco product, whether or not sold separately. Examples include, but are not limited to, eCigarettes, atomizers, vaping tanks or mods, and eLiquid or eJuice.
TOBACCO A tobacco product does not include a product that the U.S. Food & Drug Administration has approved as cessation products or for other therapeutic purposes (for example, nicotine patches), and it does not include medical cannabis products.
TOBACCO Beginning January 1, 2017, an annual license renewal fee will also apply. The retailer’s license is valid for 12 months from the date of issuance and must be renewed annually Fee rates www.boe.ca.gov/sptaxprog/tax_rates_stfd.htm
TOBACCO Proposition 56 $2.00 tax increase takes effect April 1, 2017
Louie Brown Kahn, Soares & Conway, LLP 916-448-3826 lbrown@kscsacramento.com www.ksclawyers.com
Kahn, Soares & Conway, LLP provides the information for the California Grocers Association Educational Foundation New Laws Seminar for informational purposes only. This general information is not a substitute for legal advice, and users should consult with legal counsel for specific advice. In addition, using this information does not create an attorney-client relationship with Kahn, Soares & Conway, LLP.
