Newly Enacted California Statutes

Minimum Wage Increased to $10.00 Per Hour By 2016

The minimum wage will increase in California from $8.00 to $9.00 per hour on July 1, 2014 and to $10.00 per hour on January 1, 2016 (AB 10).

Employer Recovery of Attorney's Fees Is Further Restricted

California has amended Cal. Lab. Code § 218.5 to limit the circumstances under which an employer may recover its attorney's fees and costs as the prevailing party in a lawsuit in which an employee has sued for nonpayment of wages, fringe benefits, or health and welfare or pension fund contributions (SB 462). Prior to enactment of Senate Bill 462, the prevailing party (either the employer or the employee) could seek recovery of his, her or its attorney's fees and costs. As amended, the statute provides that "if the prevailing party in the court action is not an employee, attorney's fees and costs shall be awarded pursuant to this section only if the court finds that the employee brought the court action in bad faith." Even before it was amended, Section 218.5, by its terms, did not apply to claims for which attorney's fees are recoverable under Cal. Lab. Code § 1194 (e.g., claims to recover minimum wage or overtime compensation), and the California Supreme Court determined last year that Section 218.5 does not apply to claims brought for unpaid meal and rest breaks. See Kirby v. Immoos Fire Prot., Inc., 53 Cal. 4th 1244 (2012).

Military And Veteran Status Added To The Fair Employment And Housing Act

The Fair Employment and Housing Act has been amended to include a new category of employees who are protected from discrimination, harassment and retaliation - those who are either active military or veterans (AB 556).

Stalking And Crime Victims Given Greater Employment Protection

Under existing law, an employer may not take adverse employment action against a victim of domestic violence or sexual assault who takes time off from work to attend to issues arising as a result of the domestic violence or sexual assault, as long as the employee complies with certain conditions. These protections have been expanded to include victims of stalking; the law further prohibits discrimination and retaliation against and requires reasonable accommodation of victims of domestic violence, sexual assault or stalking (SB 400). Pursuant to another new law, victims of certain crimes may take time off from work to appear in a court proceeding in which a right of the victim is at issue (SB 288).

Paid Family Leave Extended

California's Paid Family Leave law has been expanded to include partial replacement of wages for time off for employees to take care of seriously ill grandparents, grandchildren, siblings...