California Employment Law Notes - September 2015

Newly Enacted California Statutes

The Word "Alien" Is Stricken From The California Labor Code

Section 1725 of the California Labor Code defines "alien" as "any person who is not a born or fully naturalized citizen of the United States." Section 2015 sets forth the "preference for employment" for the extension of public works by the state and requires the extension of such preference "First, to citizens of this State. Second, to citizens of other States within the United States... Third, to aliens who are within the State...." This law repeals both of these provisions (SB 432).

Grocery Workers Must Be Given Preferential Treatment Following a "Change In Control"

Following a change in control (a sale, transfer or other disposition) of a supermarket or other grocery establishment, the successor grocery employer will be required to maintain a preferential hiring list of eligible grocery workers composed of former employees of the selling entity. The successor employer shall hire from the preferential hiring list for the first 90 days after the grocery establishment is fully operational and open to the public. The successor employer shall retain eligible workers for at least 90 days after opening unless it determines it needs fewer workers in which case it shall retain eligible workers based upon their seniority and shall not discharge them without cause. After 90 days, the successor employer shall provide written performance evaluations of eligible employees and if the performance was satisfactory during the prior 90 days, the employer shall "consider offering the eligible grocery worker continued employment." This law shall not apply to grocery establishments located in an area designated as a "food desert" or in establishments where a collective bargaining agreement supersedes its requirements (AB 359).

Employment Protections For Members Of National Guard Expanded

Existing law provides employment protections for members of the National Guard who have been ordered into active state or federal service. Among other things, the member of the National Guard is entitled to be restored to his or her former position or to a position of similar seniority, status and pay without loss of retirement or other benefits unless the employer's circumstances have so changed as to make it impossible or unreasonable to do so. The returning member of the National Guard also shall not be discharged without cause within one year after he or she has been restored to the position. This law extends these protections to members of the National Guard of other states who have left a position in private employment in California (AB 583).

Employer May Not Retaliate Against Person Who Requests An Accommodation Regardless Of Whether It Was Granted

This law prohibits an employer from retaliating or otherwise discriminating against a person for requesting accommodation of his or her disability or religious beliefs, regardless of whether the accommodation request was granted (AB 987).

Cheerleaders Of Professional Sports Teams Are Employees Under California Law

This law, for purposes of all provisions of state law that govern employment, including the California Labor Code, the California Unemployment Insurance Code and the California Fair...