NEW EMPLOYMENT LAWS FOR CALIFORNIA
updated 02/11/14 10:54 AM
Many of Them Took Effect Jan. 1
California enacted a number of new laws in 2013 affecting employment relationships. Here, we highlight some of the key changes for credit unions to take note of as they plan for 2014. Unless otherwise noted, all laws took effect Jan. 1.
Training Time-Off for Reserve Peace Officers and Emergency Rescue Personnel
Assembly Bill 11; Logue—Prior law required California employers with 50 or more employees to provide temporary leaves of absence of up to 14 days per calendar year for employees who are volunteer firefighters for the purpose of fi re or law enforcement training. AB 11 adds reserve peace officers and emergency rescue personnel to this list and expands the law to cover time off for emergency rescue training.
Expansion of ‘Paid Family Leave’
Senate Bill 770; Jackson—California’s Paid Family Leave Program provides a wage replacement benefit that allows eligible employees to take up to six weeks of partially paid leave from their jobs each year to care for a seriously ill child, spouse, parent, domestic partner, or to bond with a minor child within one year of the birth or placement of the child in foster care or adoption. Effective July 1, 2014, SB 770 expands the definition of “family member” to allow Paid Family Leave for workers who take time off to care for seriously ill grandparents, grandchildren, siblings, and parents-in-law.
Time-Off for Crime Victims
Senate Bill 288; Lieu—SB 288 prohibits an employer from discharging, or in any manner discriminating or retaliating against, an employee who is a victim of a specified crime for taking time off from work to appear in any court proceeding. “Victim” means any person who suffers direct or threatened physical, psychological, or financial harm as a result of the commission or attempted commission of a crime or delinquent act. It also includes the person’s spouse, parent, child, sibling, or guardian.
Protection for Military and Veteran Status
Assembly Bill 556; Salas—AB 556 adds “military and veteran status” to the list of categories protected from employment discrimination under the Fair Employment and Housing Act.
Protection for Victims of Stalking
Senate Bill 400; Jackson—Prior law prohibited employers from discharging, or in any manner discriminating or retaliating against, a victim of domestic violence or sexual assault if the victim takes time off to attend to issues arising as a result of the crime. SB 400 strengthens those protections and extends them to victims of stalking. It also adds an obligation to provide reasonable accommodations (e.g., transfer, reassignment, modified schedule, changed work telephone, etc.) for a victim who requests it for his or her safety at work.
Definition of ‘Sexual Harassment’
Senate Bill 292; Corbett—SB 292 amends the definition of harassment to clarify that “sexually harassing conduct need not be motivated by sexual desire.”
Good Samaritan Employee Protection
Assembly Bill 633; Salas—AB 633 prohibits an employer from adopting or enforcing a policy prohibiting an employee from voluntarily providing emergency medical services (CPR). An employer may authorize certain employees trained in emergency services to provide them, but any available employee may voluntarily do so if a trained and authorized employee is unavailable, unable, or unwilling.
Senate Bill 496; Wright— Employers are prohibited from making, adopting, or enforcing any rule, regulation, or policy that prevents an employee from disclosing information to a government or law enforcement agency when the employee has reasonable cause to believe that the information is a violation of or noncompliance with a local rule or regulation. This also extends to reporting to a person with authority over the employee or to another employee with authority to investigate or address the violation, or from providing information to, or testifying before, any public body conducting an investigation, hearing, or inquiry. An employer is also prohibited from retaliating for same.
CCUL SECURES AMENDMENTS TO SB 34 updated
07/06/15 11:52 AM
Uninterrupted Use of ALPR
After months of tense negotiations, the California Credit Union League state lobbying team has secured amendments to SB 34 (Senator Jerry Hill D-San Mateo/Santa Clara Counties), which will allow credit unions, other auto lenders, and vendors to continue uninterrupted use of Automated License Plate Reader (ALPR) information to recover their collateral. The California legislature has embraced a broad view of consumer privacy this year and is seeking to restrict the use of ALPR information for legitimate business and prevent someone with an axe to grind to use the information to stalk someone. SB 34 will be heard in the Assembly Privacy Committee on Tuesday, July 7.
OC CU LEADERS MEET ASSEMB BROUGH updated
07/06/15 11:13 AM
Assemb Brough Shares Common CU Bond
On the eve of America's 239th birthday, credit union leaders met with state Assemblyman Bill Brough (R-Dana Point). Brough was one of several Orange County-area legislators elected in 2014 with the potential to serve up to 12 years in the legislature. Brough shared with the group his professional experience with credit unions dating back to his time as an aide to Congressman Christopher Cox who also represented the Orange County area.
CUNA, CMG: LOAN GROWTH ’15 & ‘16 updated
07/06/15 10:49 AM
Double-Digit Increases Year-Over-Year
The Credit Union National Administration (CUNA) and CUNA Mutual Group (CMG) economists expects loan growth to reach 11 percent in 2015 for the national economy, greater than the 10.4 percent increase in 2014. They forecast a minimum 10 percent growth in 2016.
NEW RIDE-SHARE RULES EFFECTIVE updated
07/02/15 04:30 PM
Insurance for Companies, Drivers
A new law requiring transportation network company (TNC) drivers and companies to have liability insurance when operating the ride-share app went into effect July 1, 2015.
SHARED CEO MODEL AND SMALL CUs updated
07/01/15 11:51 AM
CEO Jon Hernandez Shares Insight
Mattel FCU, Calcom FCU, and Nikkei CU CEO Jon Hernandez is armed with the task of running three credit unions as independent institutions, complete with their own memberships and boards. However, a savvy business man and leader, Hernandez takes advantage of economies of scale and shared resources when it makes.
CUES HONORS INSTITUTE GRADS updated
07/01/15 03:11 PM
Four from CA CUs
Four leaders from California credit unions are recent grads of the CUES Governance Leadership Institute: John Buttril, director at Xceed Financial CU; Edward Fujimoto, Supervisory Committee chair at California CU; Norma Iadevaia, board chair at University CU; and David Ostash, board chair at AltaOne FCU. A total of 39 credit union board members and executives from around the country graduated, each earning the distinguished Certified Credit Union Director (CCD) designation.
LATEST ‘MEMBERS FIRST IN ACTION’ updated
06/30/15 11:02 AM
Q2 2015 Activities from the Leagues
In this Members First In Action update, we recap the second quarter and year-to-date benefits extended to your credit union as a valued member of the California and Nevada Credit Union Leagues and Credit Union National Association (CUNA).
Congress Out, Meet with CU Leaders updated
06/30/15 10:25 AM
Southern California Credit Union Leaders Meet with Long Beach Representative Alan Lowenthal
With Congress in their districts for the 4th of July Recess, credit union leaders are at work with our congressional delegation. Today, leaders from Long Beach and Orange County met with Rep. Alan Lowenthal (D-Long Beach) at LBS Financial Credit Union. Congressman Lowenthal is a long time credit union supporter — he also told the group that he has been a member of LBS Financial CU for more than 46 years!
O.C. ECONOMIC FORECAST updated
06/30/15 09:30 AM
Local Conditions Gain Momentum
Picture this: It’s January 2017. Seven years into the recovery, your local Orange County economy has found a sweet spot among California and the United States. It’s humming along nicely—not too slow, not too fast. And the past two years? Smooth sailing.
NCUA BANS PERIODIC MEM. FEES updated
06/26/15 07:44 AM
FCUs May Not Charge Periodic Fees
The National Credit Union Administration (NCUA) announced that federal credit unions cannot charge periodic membership fees, according to a letter to the American Bankers Association.
LEAGUES SUPPORT RBC STUDY ACT updated
06/26/15 02:09 PM
Submits Letter to Representatives
On June 25, California and Nevada Credit Union Leagues CEO Diana Dykstra sent a support letter to representatives Stephen Fincher (R-TN) and Dennis Heck (D-WA), the authors of H.R. 2769, the Risk Based Capital Study Act.
CA CUs GAIN MORT. MARKET SHARE updated
06/23/15 11:11 AM
Noticeable Rise Since 2009
California is no exception to the rule as credit unions nationwide continue gaining substantial market share in the competitive space for first mortgages—a trend beginning six years ago on the heels of the financial crisis.
TILA/RESPA NEW RULE DELAYED updated
06/17/15 03:05 PM
Postponed until Oct. 1, 2015
The California and Nevada Credit Union Leagues confirmed with the office of Congressman Brad Sherman: "Richard Cordray, Director of the Consumer Financial Protection Bureau has heard from many that want to delay the effective date, or at least the rigorous enforcement of, the new TILA/RESPA form known as the TILA/RESPA Integrated Disclosure (TRID) form. He has reported that he will be delaying the effective date until Oct. 1, 2015. This is partly due to some internal details and partly due to many of us that saw the need for a delay.”
BILL ADOPTS CUNA/CU RBC CONCERNS updated
06/17/15 03:01 PM
NCUA Makes Proposal Revisions
Language was adopted today by the House Appropriations Committee via voice vote that reflects the concerns the Credit Union National Association (CUNA) and credit unions have regarding the National Credit Union Administration’s (NCUA) effort to impose a risk-based capital (RBC) guideline for credit unions
CU LEADERS PUSH DATA SECURITY IN CA updated
06/16/15 11:11 AM
'Connect For The Cause' a Success
More than 3,000 letters from credit union supporters were sent to California state legislators last week in support of Assembly Bill 83 (AB 83).
GREAT TIME TO BE A CREDIT UNION? updated
06/16/15 09:36 AM
Conference: Employees, Millennials, and More
Is it a great time to be associated with credit unions? Based on yesterday’s gathering of leaders in the industry, the answer is an overwhelming “yes”—but with a caveat.
NCUA TO DISCUSS PROPOSED MBL RULE updated
06/12/15 03:06 PM
Other Important Agenda Items Scheduled
The National Credit Union Administration board has a full agenda scheduled for its June 18 meeting, with a proposed member business lending (MBL) rule slated for discussion.
VISA: CUs CAN NAME RETAILERS updated
06/11/15 09:40 AM
Leagues’ Set the Record Straight
Visa has responded to the Leagues’ written inquiry to Visa whether or not credit unions are able to name retailers when reissuing payment cards, following a data breach. Visa clarified there is neither a rule or nor contractual obligation that requires financial institutions to withhold the name of a breaching retailer.
DIVERSITY STANDARDS ISSUED FOR FIs updated
06/10/15 10:49 AM
Regulators Issue Diversity Standards
policy statement establishing joint standards for assessing diversity policies and practices of the institutions they regulate." rows="5" cols="100" WRAP="physical">The National Credit Union Administration (NCUA) and federal banking regulators Tuesday issued their final interagency policy statement establishing joint standards for assessing diversity policies and practices of the institutions they regulate.
DATA BILL HEADS TO CALIFORNIA SENATE updated
06/09/15 10:14 AM
Committee to Review AB 83
The California Credit Union League is advocating for Assembly Bill 83 (AB 83)—data security legislation at the state level which has already passed the California State Assembly with overwhelming support. It is now headed to the Senate Judiciary Committee for its first hearing.
CO-OP SHARED BRANCH SURPASSES 5,300 updated
06/09/15 10:10 AM
More Than Bank of America
With 5,341 branches, CO-OP Shared Branch is now the nation’s third largest network of financial institution branches, according to data drawn from the FDIC—surpassing Bank of America’s 5,244 branches.
CUs CAN IDENTIFY RETAILERS IN BREACH updated
06/09/15 08:46 AM
MasterCard Clears Misconception
Electronics payment network MasterCard has responded to an inquiry by Diana Dykstra, president and CEO of the California and Nevada Credit Union Leagues, regarding whether credit unions can identify a merchant responsible for a data breach, and if such action is rule- bound or under contractual obligation.
CONSUMER COMPLAINT PROCESS IMPROVED updated
06/09/15 06:09 AM
Also, NCUA Town Hall Webinar
The National Credit Union Administration (NCUA) has issued Letter to Credit Unions 15-CU-04, which describes recent changes to streamline the agency’s consumer complaint handling process.
CA CU Leaders Meet Officials updated
06/03/15 04:27 PM
Credit Union Leaders Visit Elected District Officials
In California this week, credit union leaders in Northern and Southern regions continued ongoing advocacy efforts of cultivating relationships with elected officials.