Another New Wave Of Employment Laws In California

Newly signed bills set forth procedures and timing for providing personnel records, accurate wage statements and Wage Theft Notice for temporary workers, and laws on social media and religious dress in the workplace.

In September 2012, California Governor Jerry Brown enacted more than 850 new laws—a number of which relate to employment. Almost all of the new employment laws will become effective on January 1, 2013. California employers will need to take prompt action to ensure compliance, including revising employment policies and practices. A reference chart summarizing the most important employment-related changes is provided below, followed by a more detailed discussion of these new laws and their impact.

Bill

Effective Date

Topic

Description

AB 2674

1-1-2013

Requires employers to respond to requests for personnel files within 30 days.

Amends Cal. Labor Code § 1198.5 to require employers to respond to employees' written requests for personnel files within 30 days. Employees' "representatives" also may make the request. Failure to comply can result in a $750 penalty, injunctive relief, and attorneys' fees. Also amends Section 226 to require the production of copies of wage statements that contain all of the information required by Section 226(a) when requested by an employee.

SB 1255

1-1-2013

Defines "injury" for failure to provide accurate wage statements under Cal. Labor Code § 226.

Amends Cal. Labor Code § 226, which imposes statutory penalties and other remedies where employees are injured as a result of employers' intentional failure to provide specified information on wage statements. The amendment defines "injury" so that employees may recover under the statute even in the absence of evidence of actual injury caused by the alleged deficiency in the wage statement.

AB 1744

7-1-2013; 1-1-2013

Adds requirements for wage statements and Wage Theft Act notices provided to temporary services employees.

Amends Cal. Labor Code § 226(a) to require temporary services employers to include the rate of pay and the total hours worked for each temporary services assignment on wage statements. (Effective 7-1-2013.) Amends Cal. Labor Code § 2810.5 to require employers to provide a Wage Theft Act notice that includes contact information for the employer and the legal entity for whom the employee will perform work. (Effective 1-1-2013.)

AB 1964

1-1-2013

Expands California's discrimination law to prohibit discrimination and require accommodation of religious dress and grooming practices.

Amends Cal. Fair Employment and Housing Act (FEHA), Cal. Gov't Code §§ 12940, et seq., to expand the definition of "religion." The law prohibits discrimination and requires accommodation (except in cases of undue hardship) for religious dress and grooming practices.

AB 2386

States it is declaratory of current law

Expands FEHA to prohibit discrimination against breastfeeding mothers.

Amends FEHA to add "breastfeeding" and "medical conditions related to breastfeeding" to the statutory definition of "sex." The new amendment states that it is declaratory of current law.

AB 2103

1-1-2013

Requires that nonexempt employees paid on a salary basis be paid overtime above and beyond salary.

Amends Cal. Labor Code § 515(d) to provide that, regardless of the agreement between an employee and an employer, a salaried, nonexempt employee must be paid for each overtime hour at a rate that is at least 1.5 times the weekly salary divided by no more than 40.

AB 2492

1-1-2013

Expands whistleblower protection under California's False Claims Act.

Amends Cal. Gov't Code § 12653 to expand whistleblower protections under California's False Claims Act. Adds a new section that applies not only to employees but also to all contractors and agents.

AB 2675

1-1-2013

Refines definition of "commissions" under new law requiring commission plans to be in writing.

Amends new Cal. Labor Code § 2751, which requires that commission plans be in writing and acknowledged by employees. The amendment refines the definition of "commissions" to exclude "[t]emporary, variable incentive payments that increase, but do not decrease, payment under the written contract."

AB 1844

1-1-2013

Restricts employers from requesting access to social media.

Adds Cal. Labor Code § 980, which restricts companies from asking job applicants and employees for access to their social media accounts. Access may be requested as part of an investigation.

AB 1855

1-1-2013

Requires written agreements for certain types of labor and services contracts.

Amends Cal. Labor Code § 2810 to add warehouse contractors to the list of vendors (previously construction, farm labor, garment, janitorial, and security guard) for whom the vendor contract must contain specific language regarding payment of wages.

AB 1875

1-1-2013

Limits depositions to one seven-hour day.

Amends Cal. Code of Civ. Proc. § 2025.290 to impose a one-day, seven-hour time limit on depositions. The law includes an express exception for employment cases.

AB 1450

Vetoed

Sought to prohibit discrimination in employment based on unemployment status.

Proposed amendment to Cal. Labor Code sought to prohibit job discrimination against prospective applicants because they are currently unemployed. Governor Brown did not sign this bill.

AB 889

Vetoed

Sought to require certain labor protections for domestic workers.

Proposed amendment to Cal. Labor Code sought to require overtime pay and meal and rest breaks for certain domestic workers. Governor Brown did not sign this bill.

AB 2674: PROCEDURES AND TIMING FOR PROVIDING PERSONNEL RECORDS UNDER LABOR CODE § 1198.5

The Bill

AB 2674 imposes requirements on how and when employers respond to employees' requests for inspection and copying of their personnel files. Currently, Labor Code § 1198.5 provides employees the right to inspect, "within a reasonable time" after the request, their personnel records "relating to the employee's performance or to any grievance concerning the employee." Effective January 1, 2013, AB 2674 makes the following changes to Section 1198.5:

The request also may be made by an employee's "representative," which is a person authorized in writing by the employee. An employer need not respond to more than 50 requests by a "representative" in one calendar...