 |
|
Call us: (619)421-0074 |
|
|
|
HRPG LEGISLATIVE ALERT:
Overview of New Employment Laws for 2014
With 2014 fast approaching, so too are new laws that all employers should review.
Listed below are new laws and a brief summary. Some of these laws could affect your
policies and procedures for 2014. You will want to contact your HRPG Consultant for
further information and/or questions.
Protected Status/Leaves
SB 288 - Employee Leaves for Crime Victims: An employee will be granted time off from
work to appear in court as a witness or victim to specified crimes.
SB 400 - Time off/Accommodations for Domestic Violence Victims: This law concerns
employees who are victims of domestic violence, sexual assault and stalking. These
employees will have enhanced protected classification. The law adds anti-discrimination
and retaliation protections to victims of these crimes, while maintaining existing
protection for time off. Employers are also mandated to take safety precautions,
within reason, to protect known victims from incurring further violence. Some of these
precautions include: a transfer, modified schedule, reassignment, changed work
telephone number and installation of locks. Other safety measures include referral to a
victim assistance organization and thorough documentation of the violence that occurs.
SB 666 - Disbarment for Reporting or Threatening to Report Immigration Status:
Protects an employee from being reported to immigration authorities by their employer,
should they exercise their labor rights. The state can revoke any license given to an
employer for threatening an employee or their family members. Further, an attorney
can now be disbarred for threatening to contact immigration authorities on a litigation witness.
AB 263 - Immigration and Unfair Retaliation Practices: Should an employee exercise
their Labor Code rights, this law proposes that penalties be imposed upon those
employers threatening immigration law as retaliation.
AB 556 - Protection of Military and Veteran Status: Under the Fair Employment and
Housing Act (FEHA), "military and veteran status" will be added to the existing list
of categories protected from employment discrimination. The bill also provides an
exemption for an inquiry by an employer regarding military or veteran status for the
purpose of awarding a veteran's preference as permitted by law.
AB 11 - Emergency Duty Leave: Employers with 50 or more employees are required to
give an employee who is a volunteer firefighter a leave of absence in order to engage
in fire or law enforcement training. The new law now includes leave for reserve peace
officers and emergency rescue personnel.
SB 770 - Paid Family Leave Expanded: California's "paid family leave" program allows
employees to take time off to care for a seriously ill spouse, parent, child, domestic
partner or to bond with a minor child within one year of birth or placement in connection
with adoption or foster care, while still earning up to 6 weeks of wage replacement
benefit. With the new law, relatives, such as in-laws, grandparents, grandchildren and
siblings will be included, if qualified for the Paid Family Leave Act. This law will not be in
effect until July 1, 2014.
AB 218 - Background Checks with Regards to Hiring and Criminal Conviction
Disclosure: State and local agencies are prohibited from asking an applicant to disclose
information with regards to a criminal conviction. The exception being specific situations
such as criminal justice positions or jobs that legally require a criminal background
check. Moreover, the agency cannot ask for disclosure until it is determined the
applicant meets the minimum employment qualifications for the position. This law takes
effect July 1, 2014.
Wage and Hour
AB 10 - Minimum Wage Increase: California's minimum wage will increase to $9.00 per
hour in July 2014 and in January 2016, it will increase to $10.00 per hour.
AB 442 - Citations and Minimum Wage Violations: Based on a field citation for failing to
pay minimum wage, the Labor Commissioner can include extra penalties ("liquidated
damages") when citing an employer.
AB 241 - Domestic Workers: "Domestic work employees" hired as "personal attendants"
will be entitled to overtime pay for 9 or more hours in one day or 45 or more hours
in one week. Domestic work employees hold such jobs as caregivers of people with
disabilities, an illness or the elderly, housekeepers, or childcare providers. A "personal
attendant" is defined as a person who is employed by a private household to feed,
supervise or dress a child or individual that needs supervision and who does this less
than 80% of the time in the household on said work. This law will expire on January 1,
SB 462 - Attorney Fees and Employer Rights: Employers who prevail in wage and hour
litigation will no longer be able to recover attorney fees unless the employer proves the
action to have been pursued in "bad faith".
AB 1386 - Lien on Property for Employee Complaints: After a Labor Commissioner's
decision or award is finalized, the lien that is created can be recorded with the county
recorder of any county where an employer's property is located.
Miscellaneous Wage and Hour/ Specific to Industry
AB 1387 - Car Wash Industry: If a car wash employer has no collective bargaining
agreement with special terms, then the employer's bond requirement will increase from
$15,000 to $150,000.
SB 168 - Farm Labor Contractors and Liability of the Successor: A company that
acquires a farm contractor business will, in some circumstances, assume the liability for
wage violations by the predecessor company.
AB 533 - Minors and Artistic Employment Contracts: 15 percent of a minor's "artistic
employment" gross earnings must be placed into a trust account. This employment
includes child actors, musicians, singers, dancers, comedians, sports players, voice - over artists and stunt-persons. An employer of a minor under a contract for services as
a background performer or extra is exempt from the new law.
SB 390 - Failure to Remit Employee Wage Withholdings: Currently, it is a crime for
an employer to fail in remitting agreed upon withholdings for pension funds, health
and welfare funds and various other benefit plans. With the new law, it will also be a
crime to fail to remit withholdings that are required by state, local or federal law from an
employee's wage. This crime will be punishable as either a felony or misdemeanor.
SB 435 - Recovery Periods for Heat Illness: This law mandates that employers cannot
require employees to work during a "recovery period". A "recovery period" defined as
being a rest period taken to prevent heat illness.
AB 633 - Civil Liability and Emergency Medical Services: Currently, the law states that
a volunteer, who provides emergency medical or non-medical care in an emergency
situation, cannot generally be sued if he or she accidentally harms the rescued person.
Under the new law, an employer may not have a policy that prohibits an employee from
administering voluntary emergency medical services.
SB 292 - Sexual Harassment: This is an amendment to section 12940 of the California
Fair Employment and Housing Act. Under state law, an individual who sues for sexual
harassment does not need to prove that the sexually harassing conduct was motivated
by any sexual desire.
SB 46 - Privacy of Personal Information: Individuals and companies that maintain
computerized data about their clients or customers are required by law to notify them
if a security breach occurs. Information such as a client's name, driver license number
and social security number is considered "personal information". The new law will
include personal information that would allow access to an email or online account.
Please contact HRPG should you have any questions with regards to these new requirements. You may contact us at inquiries@hrpg.com or at 619-421-0074.
|
Employer Alerts
|
|
|
|
|
|
 |
