New California Laws Will Change Some Workplace Rules in 2015
A new year means a flurry of new workplace laws that go into effect.
The law that everyone is talking about the most is the one that mandates employers give at least three days of paid sick leave to all their workers.
On the wage front, California’s minimum wage stays at $9 an hour, but that will change at the beginning of 2016, when it gets bumped up to $10.
A host of new regulations makes changes to paid family leave, mandatory time to recover from working in the heat, protecting unpaid interns and protection for undocumented workers.
Here’s a summary of the state employment rules that take effect in 2015.
Mandatory Paid Sick Leave (AB 1522)
This law affects both large and small employers. It stipulates that paid sick leave should be provided to any employee who worked in California for 30 days at an accrual rate of one hour for every 30 hours worked.
Employers are allowed to limit an employee’s use of paid sick leave to 24 hours or three days in each year of employment and may put a maximum cap on total accrual of 48 hours or six days. The effective date for employers to begin providing the paid sick leave benefit is July 1, 2015.
The law requires that as of Jan. 1, employers must post the new requirements in the workplace and provide written notice to new employees at the time of being hired.
The new law does not require a worker to provide medical certification to be eligible for the paid sick leave. Stiff penalties can be enforced on employers who do not provide the mandatory paid sick leave.
Time Off for Emergency Responders (AB 2536)
California law generally prohibits an employer from discharging or discriminating against an employee for taking time off to perform emergency duties such as a volunteer firefighter, peace officer or emergency rescue personnel.
AB 2536 clarifies that employees who are health-care providers must notify their employer at the time they become designated as “emergency rescue personnel” and when they will be deployed as a result of that designation.
This legislation also expands the definition of emergency rescue personnel to include an officer, employee or member of a disaster medical response entity sponsored or requested by the state, such as the California Medical Assistance Team.
Protection for Unpaid Interns (AB 1443)
There has been lots of news lately about unpaid interns suing companies for doing work that most employees would be paid for.
Now a new state regulation gives unpaid interns the same protections as employees when it comes to discrimination, harassment and retaliation in the workplace.
It also extends religious-belief protections and religious-accommodation requirements to anyone in an apprenticeship training program, an unpaid internship or any other program that provides unpaid experience.
Protection for Undocumented Workers Who Receive Driver’s Licenses (AB 1660)
Starting Jan. 1, undocumented residents in California will be able to apply for driver’s licenses. New legislation stipulates that employers cannot discriminate against an individual for holding a driver’s license that has been issued to an undocumented individual.
AB 1660 also provides that it is a violation for an employer to require a person to present a driver’s license, unless possessing a driver’s license is required by law or required by the employer and the employer’s requirement is otherwise permitted by law.
AB 1660 further requires any driver’s license information obtained by an employer to be treated as private and confidential.
More Protection for Undocumented Workers (AB 2751)
This legislation amends a previous regulation that protects undocumented workers from retaliation. Before, an employer was prohibited from filing a false report or complaint about an undocumented worker with the police. The new law now also prohibits filing false reports with state and federal agencies.
The new law continues to prohibit an employer from discriminating against or retaliating against employees who update their personal information based on a lawful change of name, Social Security number or federal employment-authorization documents.
The law also protects workers who update their records based on lawful changes to immigration-related information regardless of whether the employee previously had submitted false information.
Non-discrimination Against Workers Receiving Public Assistance (AB 1792)
New regulation prohibits discrimination, retaliation or discharging employees receiving public assistance, which is defined as meaning the Medi-Cal program, a state insurance program for low-income families, seniors, the disabled, children in foster care and pregnant women.
AB 1792 also requires state agencies to prepare an annual list of the top 500 employers with the most number of employees enrolled in a public assistance program. The reports will be made public and will be prepared starting in January 2016.
The theory behind the law is that low wages paid by some employers are leaving their workers little choice but to enrol in public assistance programs to make ends meet.
The law expires in 2020 unless it is extended by the state legislature.
Paid Family Leave (SB 770)
There are already rules under the Paid Family Leave Program governing paid time off to take care of a family member, which in the past has included a parent, spouse, a registered partner, child or to bond with a newborn. Now that list under SB 770 has been expanded to include a parent-in-law, grandparent, grandchild or sibling.
The paid time off is not provided by the employer but comes by applying to the California Employment Development Department for state benefits.
Abusive-Conduct Training Mandate (AB 2053)
This new law requires that employers add abusive-conduct training to the already mandated sexual-harassment training of supervisors.
This new rule does not mean that an employee can sue for abusive conduct in the workplace unless, of course, the conduct becomes discrimination or harassment against a protected class. The law merely requires training on prevention of abusive conduct.
Increased Liability for Employers Who Contract for Labor (AB 1897)
Companies that use labor contractors or temporary staffing agencies are now liable for all wage-and-hour and safety issues. Basically, if a labor contractor fails to pay its workers properly or fails to provide workers’ compensation coverage for those employees, the “client employer” can now be held legally responsible and liable.
The purpose of the law is to hold companies accountable for wage-and-hour violations when they use staffing agencies or other labor contractors to supply workers.
This could result in claims against a company even when the company had no way of knowing that its labor contractor was in violation of the law.
Rest and Recovery Periods in Hot Weather (SB 1360)
Last year, legislation was passed to amend previous legislation regarding mandated five-minute breaks for rest and recovery during hot weather. This new law clarifies that rest and recovery periods are paid breaks.
The legislation applies only to employers with outdoor places of employment, but the definition makes it unclear whether this law should be extended to truck drivers and warehouse workers unloading goods.
Time Frame for Recovery of Wages: Liquidated Damages (AB 2074)
A new law stipulates that a lawsuit seeking to recover liquidated damages for minimum-wage violations can be filed at any time before the expiration of the statute of limitations that applies to the underlying wage claim, which is three years.
Some recent court cases had held that liquidated damages claims had to be filed within one year.
Child Labor Law Violations: Increased Remedies (AB 2288)
The Child Labor Protection Act of 2014 provides additional penalties for violations of California laws regarding employment of minors, including a penalty of $25,000 to $50,000 for “Class A” violations involving minors 12 years old and younger.
In addition, the statute of limitations for claims that arise from violations of employment laws is delayed or suspended until the minor is 18 years of age.
Foreign Labor Contractors (SB 477)
This new legislation requires foreign labor contractors to meet registration, licensing and bonding requirements by July 1, 2016.
Employers are prohibited from using non-registered foreign labor contractors to supply workers in California. This new legislation also imposes disclosure requirements and other obligations on foreign labor contractors.
There are penalties for noncompliance and joint liability for employers who use non-registered foreign labor contractors and the potential for civil action.
Email for Workplace Safety Reports (AB 326)
New laws make it easier for employers to report work-related injuries. The latest update to the law allows employers to email their reports of a work-related serious injury, illness or death to the Division of Occupational Safety and Health. Previously, it required an immediate report by telephone or telegraph. The reference to telegraph is removed and replaced with email.
Penalties for Failure to Abate Safety Hazards (AB 1634)
Under this updated regulation, certain limits are put on California’s Occupational Safety and Health Appeals board for modifying penalties for Cal-OSHA violations that are designated as serious.
It also says that employers must fix any work hazard that is the subject of a “serious violation” citation even if the citation is being appealed.
Law Barring Forced Waiver of Civil Rights (AB 2617)
This bars people from being forced to waive civil-rights protections as a condition of entering into a contract for the provision of goods or services, including the right to file a civil action with the state attorney general, the Department of Fair Employment and Housing, and any court or government entity.
The law requires those seeking enforcement of a waiver of the protections—including the right to be free from violence and discrimination based on one’s political affiliation or because of one’s sex, race or religion—to prove that the waiver was knowing and voluntary.