California Apparel News

Ringing in the new year means ringing in a raft of new employment laws that take effect on Jan. 1.

For the first time in six years, the state’s minimum wage jumps up more than 10 percent after being in a holding pattern for six years.

Apparel factories are under particular scrutiny in a law that requires them to post at the entryway pertinent information about their business.

Other laws address a wider range of issues such as anti-discrimination, leaves of absence and protection of undocumented workers trying to earn a fair wage.

Here’s a summary of the state employment laws that will influence California companies in 2014.

Minimum-Wage Issues (AB10 and AB442)

The minimum wage in California has not risen from its $8-an-hour benchmark since 2008. That will change on July 1, when the minimum wage goes to $9 an hour. Another increment occurs on Jan. 1, 2016, when the minimum wage rises to $10 an hour. In San Francisco, the minimum wage inches up on Jan. 1 from its current $10.55 to $10.74 an hour. San Jose’s minimum wage inches up from $10 to $10.15 an hour.

Garment Manufacturer Requirement (AB1384)

A new law creates a civil penalty for a garment manufacturer’s failure to display his or her name, address and registration number at the front entrance of the premises.

Leave of Absence for Reserve Peace Officers and Emergency Rescue Personnel (AB11)

If you have employees that are also reserve peace officers or emergency rescue personnel, a new law mandates that employers with more than 50 employees must give temporary leaves of absence not only to volunteer firefighters for training but now to reserve peace officers and emergency rescue personnel. A leave of absence can be up to 14 days.

Paid Family Leave of Absence (SB770)

Up until now, employees have been allowed to receive up to six weeks of state disability insurance to care for an ill child, spouse, parent or domestic partner or build a relationship with an adopted or foster child. The latest version of the law now allows employees to take time off to care for a seriously ill grandparent, grandchildren, sibling or in-law. This law takes effect July 1.

Leave of Absence for Crime Victims (SB400 and SB288)

Current law prohibits adverse employment action against an employee who is a victim of domestic violence or sexual assault and needs to take time off to seek relief. A new law (SB400) expands that protection to victims of stalking and also provides that those employees be provided for requested safety while at work.

Another new law (SB288) prohibits employers from retaliating against an employee who is a victim of a crime for taking time off from work to appear in court to testify at related proceedings. This applies only to specific crimes that include solicitation for murder and vehicular manslaughter while intoxicated.

Whistleblower Protection (SB496)

Protection has been expanded to allow employees to make an internal report to a supervisor about an alleged violation of wage and hour laws without fear of retaliation by an employer.

Immigration Status (AB263 and SB666)

Two new bills protect undocumented workers from retaliation or adverse actions when they file employment-related claims or complain about wage theft. Employers cannot threaten to contact immigration authorities about a worker’s legal status in the country because of the complaints. A penalty of up to $10,000 per employee can be issued to the employer per violation. In addition, state authorities can pull an employer’s business license for reporting or threatening to report a worker’s immigration status in response to an employee’s wage complaints.

Compensation (AB 1386)

A new law requires that the amount due under a Labor Commissioner order, decision or award that has become final shall create a lien that the Labor Commissioner may record on the employer’s real property.

Attorney Fees (SB462)

A new law states that employers who win wage-claim lawsuits may recover attorneys’ fees and costs from the employee only if a trial court finds that the employee filed the lawsuit in bad faith.

Recovery Rest Periods (SB435)

California law currently requires employers to give employees who work outside in weather exceeding 85 degrees five-minute cool-down periods, or recovery periods, in a shaded area to protect from overheating. Under an expanded law, employers are prohibited from requiring employees from working during a recovery period, and they must pay them one additional hour of pay for each workday a required recovery period is not provided.

Anti-Discrimination Laws (SB530 and AB566)

Currently, state law restricts employers from considering certain criminal records in making hiring choices. Now, employers, under SB530, are prohibited from asking a prospective new hire to disclose information about a conviction that has been dismissed or ordered sealed unless certain limited exceptions apply.

A number of current laws prohibit employment discrimination and harassment under a variety of protected categories. AB566 extends that to employees with military and veteran status.

San Francisco Family-Friendly Workplace Ordinance

San Francisco passed a “Family-Friendly Workplace Ordinance” requiring covered employers with employees working in San Francisco to consider requests for “flexible or predictable working arrangements to assist with care-giving responsibilities.” The ordinance also protects employees from adverse action based on caregiver status. The ordinance requires a poster informing employees of their rights.