As is usual, new laws have been passed in CA which will go into effect January 1. Below are some of the most important according to the San Rafael Chamber of Commerce.
- SB 358 (Equal Pay) greatly increases the burden of proof (from original legislation enacted in 1949) for an employer’s defense for equal pay claims against them and to allow employees to ask other employees about their wages in order to determine if there is a basis for a claim.
- AB 1506 provides an employer with a limited right to cure a violation of failing to provide employees a wage statement containing the inclusive dates of the pay period and the business name and address of the employer.
- AB 987 prohibits employer retaliation or discrimination against an employee for requesting accommodation for his/her disability or religious beliefs regardless of whether the accommodation was ultimately granted.
- SB 588 allows the Labor Commissioner to file a lien or levy or the employer’s property, or impose a stop order on the business in order to assist an employee in collecting unpaid wages where there is a judgement against the employer.
- AB 970 gives the Labor Commissioner the authority to issue a citation to enforce the local minimum wage and overtime laws as well as violations related to expense reimbursements.
- AB 1245 requires employers with 10 or more employees to file all reports and returns electronically and remit all contributions for unemployment premiums through electronic funds transfer beginning January 1, 2017. All employers will be required to comply with this law as of January 1, ,2018.
- AB 1513 clarifies piece-rate compensation, and an affirmative defense and safe harbor is provided for employers who, by December 15, 2016, fully compensate their specified employees for all under or non-compensated rest periods, recovery periods, or unproductive time between July 1, 2012 and December 31, 2015.
- SB 579 (Family School Partnership Act) has broadened the authorized reasons for which an employee can take job-protected time off of work without fear of discrimination or discharge by allowing employees to take time off to find, enroll, or re-enroll his or her child in a school or licensed child care facility, and/or to address a child care or school emergency.
- AB 359 requires certain grocery stores that are sold to another entity to follow specified obligations to retain grocery workers for a limited period of time.
- AB 622 expands the definition of “unlawful employment practice” to prohibit an employer or any other person/entity from using the E-Verify system at a time or manner not required by federal law to check the status of an existing employee or an applicant who hasn’t received an offer of employment. The civil penalty for violation of this provision is up to $10,000 per offense.
The San Rafael Chamber recommends that employee handbooks and company policies be revised to reflect the changes in these labor laws. Make sure supervisors are aware of the laws and how to administer the policies as well.
If you have questions regarding these new laws and how they will impact you, speak to a human resources specialist. If you don’t have one and would like a referral, don’t hesitate to reach out to us and we’ll give you the name of someone we trust.
