Legislation (California)

Download This Issue in .pdf Format Pregnancy Leave- Changes Require Payment of Health Insurance Premiums by Employer(previous e-Update issued) Governor Brown has signed legislation effective January 1, 2012 which prohibits employers from failing to maintain health coverage for an employee on a statutorily protected pregnancy leave of up to four (4) months. The employer will be required to pay the premiums normally paid by the employer under the same conditions as if the employee was working. Unlike a similar provision under the Family and Medical Leave Act (FMLA) and California Family Rights Act (CFRA) which apply only to employers with 50 or more employees, these changes to the California Pregnancy Disability Leave Law apply to all employers with five (5) or more employees. Additionally, employers with more than 50 employees will be required to pay for health insurance coverage for up to four (4) months if the employee is disabled ... Read More

Download This Issue in .pdf Format New Wage Payment/Information Violations of the Labor CodeThe California Legislature also made additional changes to the Labor Code, signed into law by Governor Brown. –            As of January 1, 2012 an employer must, at the time of hire, provide every employee with a written notice of 1) the rate(s) of pay and the basis for pay (hourly, salary, piece rate, commission, etc.); 2) allowances, if any taken as part of the minimum wage (e.g., meal or lodging allowances); 3) the regular payday; 4) the name of the employer (including any “dba”); 5) the physical address of the employer’s main office or principal place of business and mailing address, if different; 6) the employer’s telephone number; 7) the name, address and telephone number of the employer’s workers’ compensation insurance carrier; and  8 ) any other information the Labor Commissioner deems material and necessary. The Labor Commissioner is ... Read More

Download This Issue in .pdf Format CALIFORNIA: New Employment Laws for 2013 – Part 1 The California Legislature has once again passed, and Governor Brown has signed, a number of new requirements for employers in California.  All of the following new laws are effective January 1, 2013 unless otherwise noted. Personnel Files Personnel records must be made available for inspection by an employee, a former employee, or his or her representative not later than 30 days after a written request (can be extended by five days by agreement).  Additionally, a copy of the records must be provided (on written request) within the same timeframe.  The employer may charge the actual cost of copying the records.  Certain documents (e.g., letters of reference) are excluded and the name(s) of any nonsupervisory employee in the records may be redacted.  An employee is limited to one request to inspect/copy per year and a representative is limited to 50 ... Read More

Download This Issue in .pdf Format CALIFORNIA: New Employment Laws for 2013 – Part 2 The following are additional new employment-related laws in California dealing with wage and hour issues.  All of the new laws are effective January 1, 2013 unless otherwise noted. Wage Statements An employee will be deemed to have suffered an “injury” (and thus entitled to damages) if the wage statement is not complete and accurate and the employee cannot “promptly and easily determine” amounts and other information required. A temporary services agency must include the rate of pay and hours worked for each of an employee’s assignments during the payroll period. Review wage statements which accompany payroll checks to ensure they are accurate and easily readable. Commission Agreements In addition to the requirement that these must be in writing and acknowledged by the employee by January 1, 2013, the legislature has clarified that short-term productivity bonuses ... Read More