Where to begin? Well, for openers and staying with the theme of a January 1 effective date, a ban on the use of latex gloves in restaurants throughout California takes effect with arrival of the New Year. California Governor Gavin Newsom signed legislation back in September (SB 677) making the Golden State the 7th in the nation to ban latex in restaurants and foodservice locations. Latex allergies have increased over the past several years and California now joins Arizona, Connecticut, Hawaii, Ohio, Oregon and Rhode Island in outlawing its use in restaurants. Also effective January 1, 2020 is the California Consumer Privacy Act (CCPA), which was signed into law back in June of 2018. The CCPA provides “consumers” with significant new rights relative to the collection of personal information, but before you dismiss its applicability, know that its provisions will impact some in the franchise industry. The definition of personal information is very broad and includes any information that identifies or could be linked to a particular consumer, including an IP address, purchasing history or geolocation data. Likewise, consumer is defined in an equally broad manner and hence, the CCPA to apply to all individuals in California who provide “personal information” to a business, including customers, employees and potential customers. In past issues, we’ve advised of the passage of AB5, which codifies the “ABC test” for employee classification into California law. Although the ABC test exists in Massachusetts and other states, it is currently being challenged in the courts in California by a number of business groups and industries, including McDonald’s Corp as relates joint employment. We’ll keep a watchful eye on this issue going forward. And finally, the California Restaurant Association (CRA) initiated action in the US District Court for Northern California challenging a ban on the use of propane gas that was imposed earlier this year by the city of Berkeley. The Berkeley ordinance, which also takes effect on January 1, seeks to phase out the use of natural in new buildings as the city and state move toward solar and alternative energy sources.
