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Issue 3 - 2013 Newsletter | What's New For Employers in 2014 - California Employment Legislation Update

    In This Issue:
  • What’s New For Employers In 2014: California Legislation Update

What’s New For Employers In 2014: California Legislation Update

As in all other years, 2013 brought new laws from the legislators that will affect California employers. Here are some of the new employment laws to expect in 2014:

Domestic Worker Bill of Rights

"Domestic Worker Bill of Rights" added to Labor Code to regulate certain domestic work employees' work hours and provide an overtime compensation rate for those employees until January 1, 2017.

- Personal attendants must be paid overtime after working 9 hours in a workday or 45 hours in a workweek.

Expansion of Paid Family Leave Program

Expands the scope of the paid family leave program to provide wage replacement for employees taking time off to care for a seriously ill grandparent, grandchild, sibling, or parent-in-law.

Higher Minimum Wage

Effective July 1, 2014, minimum wage will be $9.00 per hour.

Effective January 1, 2016, minimum wage will be $10.00 per hour.

Prohibition Against "Unfair Immigration-Related Practices"

Adds Labor Code section 1019, prohibiting "unfair immigration-related practices" against any person in retaliation for exercising any right under the Labor Code or any local ordinance (such as making a complaint for unpaid wages).

- Unfair immigration-related practices include using E-verify to check on an employee's immigration status and threatening to call immigration.

- Engaging in unfair immigration-related practices within 90 days of person's exercise of rights protected under Labor Code or local ordinance raises rebuttable presumption of retaliation.

No Retaliation for Making Wage Complaints

Amends Labor Code section 98.6 to prohibit employers from discriminating or retaliating against employees for making written or oral complaints that s/he is owed unpaid wages.

Also raises civil penalty to up to $10,000 per employee for each violation.

May bring private right of action without exhausting administrative remedies.

SB 666-No Retaliation

Adds new Labor Code section 244 prohibiting employers from reporting or threatening to report employee's suspected citizenship or immigration status because employee exercised right under Labor Code, Gov't Code or Civil Code.

Adds new section to Bus. & Prof. Code providing that business license may be revoked or suspended on finding of Labor Commissioner or court that company violated section 244.

Protections for Stalking Victim

Amends sections 230 and 230.1 of the Labor Code to extend current protections required of employers for employees who are victims of domestic violence and sexual assault to employees who are known or suspected victims of stalking, and require reasonable accommodations.

- E.g., implementation of safety measures or procedures such as changed work station, changed work telephone number, modified schedule, etc.

No Work During Mandated Recovery Periods

Amends section 226.7 of the Labor Code to prohibit employers from requiring employees to work during a meal, rest or recovery period required by the IWC, OSHA, or Division of Occupational Safety and Health, and require employer to pay one additional hour of pay for missed meal, rest or recovery periods.

- "Recovery period" means a cool down period to prevent heat illness.

New Protected Category

Amends Government Code section 12920 and related sections to add the protected category of "military and veteran status" to the FEHA.

New Penalty for Labor Code Violations

Amends Labor Code sections 1194.2 and 1197.1 to expand the penalties an employer must pay to the employee for a Labor Commissioner citation to include payment of liquidated damages.

Time Off for Certain Crime Victims

Adds Labor Code section 230.5 prohibiting an employer from discharging, discriminating against or retaliating against an employee who is a victim of specified offenses (including felony domestic violence, felony stalking, and felony child abuse) for taking time off from work to appear in court to be heard at any proceeding involving a post-arrest release decision, sentencing, plea, or any proceeding where the right of a victim is at issue.

Prior Criminal Convictions

Amends section 432.7 of the Labor Code, and add section 4852.22 to the Penal Code, to prohibit employers from considering prior criminal convictions that have been judicially dismissed in employment decisions.

Reminder-Written Commission Agreements

Requires as of January 1, 2013, that whenever an employer enters into an employment contract for services to be rendered in California and the payment involves commissions, the employer must:

- Put the agreement in writing;

- Set forth the method by which the commissions are required to be computed and paid; and

- Obtain a signed receipt for the contract from each employee.

Issue 1 - 2014 Newsletter
Issue 2 - 2013 Newsletter

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Walnut Creek, CA 94596
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