SPECIAL 2013 LEGAL UPDATE ALERT
As part of Holman HR’s continuing efforts to keep you, our client apprised of new legislation, below is a comprehensive list and summary of all new employment laws for 2013 affecting California employers. For our clients who do not operate facilities within California we will also update you as to any significant changes applicable to your state.
AB 2674: Procedures and Timing for Providing Personnel Records
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: Presumed "Injury" for Failing to Provide Accurate Wage Statements
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: Itemized Wage Statements and Wage Theft Notice for Temporary Workers
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: No Employment Discrimination Based on Religious Dress & Grooming Practices
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: No Employment Discrimination Against Breastfeeding Mothers
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: Restrictions on Method of Calculating Nonexempt Employees' "Regular Rate of Pay"
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: Expansion of Whistleblower Protections Under California's False Claims Act
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: Limitation on Definition of "Commissions"
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: Restriction on Employer Requests for Access to Social Media
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: Written Agreements Required for Certain Types of Labor and Services Contracts
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: Time Limit on Depositions Is Not Applicable to Employment Cases
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.
We hope you found this information of value.
Please do not hesitate to contact your dedicated Holman HR Consultant with any questions you may have.