Pub. 7 2018-2019 Issue 2

Issue 1. 2019 9 Vetoed Bills and Arbitration Redux It’s also likely that labor and worker advocates will put Newsom right to the test by putting many of the bills vetoed in recent years by Governor Brown right back on his desk. Foremost among these is the controversial ban on mandatory arbitration agreements in employment, which Governor Brown vetoed twice, most recently just a few short weeks ago. In fact, a good exercise in preparing for what may be coming down the pike is to review the significant employment measures vetoed by Governor Brown in recent years. As a former famous California governor liked to say, “They’ll be back!” #MeToo and Sexual Harassment Legislation While several large pieces of legislation were signed last year, a number of #MeToo priority bills were vetoed in 2018. These bills (and new sexual harassment-related proposals) are likely to be back as well. Newsom has been a staunch advocate of the #MeToo movement. Therefore, California employers can expect the legislative focus on sexual harassment legislation to continue, and for many of those measures to find a receptive audience in the new governor. Gig Economy and the Future of Work One of the more fascinating issues to watch will be Governor Newsom’s approach to the “gig economy” and the ever-popular topic of the “future of work.” Hailing from San Francisco (and its nearby Silicon Valley), Newsom has groomed his image as someonewho is hip and appreciates innovation and new technology. That may put him at odds with his friends in labor who are increasingly ramping up efforts to minimize potential job loss and other changes to the workplace. Issues like “portable benefits” and “wage insurance” are hot buzzwords. Whether they translate into public policy proposals that the newgovernor actually gets behind and delivers remains to be seen. Single Payer Health Care Newsom has also been a vocal supporter of universal or “single payer” health care, which has been a hot topic in the California Legislature in recent years. In fact, Newsom is widely known for being at the forefront of this issue during his tenure as mayor of San Francisco, when the city adopted its own health care policy. While Democrats in the legislature have supported such efforts on a policy level, the real issue has been coming up with ways in which to finance the program (estimated to cost near $400 billion) – which is why the most recent effort (the “Health California Act”) was parked and did not move forward. During the campaign, Newsom advocated for single payer and said he supported the Healthy California Act. The lead sponsors of that measure, the California Nurses Association, are likely to put him to the test by pushing a similar effort in 2019. However, as a recent article suggests, Newsom’s ultimate take on this hot button issue may be more nuanced, leading to an unclear outcome. Will Presidential Ambitions Moderate Governor Newsom? Finally, there’s lots of speculation that Governor Newsommay have his eyes on a future presidential run, and his governorship is expected to be a potential springboard to give him national recognition. Therefore, there is some sense in the employer community that this may serve to moderate the new governor’s position on employment issues. If so, and Newsomwants to preserve his appeal to future middle-of-the- road or moderate voters, that could bode well for California employers in the near term. Such a dynamic may force the governor to “paddle left, paddle right” on these important issues. Conclusion Clearly, it’s pretty early to predict what the election of Gavin Newsom means for California employers. The foregoing represents our best predictions based on previous statements made by Newsom and other hints dropped along the way. Politicians say a lot of things, however, so only time will tell. Some employers fear Newsomwill be more liberal than his predecessor, and will enact even more draconian and burdensome policies. Others hold out hope that, based on his entrepreneurial experience and avowed appreciation for innovation, he could represent a fresh voice – especially on issues related to the gig economy and the future of work. As the governor takes office and begins establishing his own agenda moving forward, employers will want to pay close attention. Stay tuned—it’s going to be an interesting journey! Newsom has been a staunch advocate of the #MeToo movement. Therefore, California employers can expect the legislative focus on sexual harassment legislation to continue, and for many of those measures to find a receptive audience in the new governor.