Legislation Signed By Governor Brown in the 2012 Legislative Session
January 30, 2013 by Peter McEntee
AB 1396 – Commission Agreements
This new legislation, enacted in 2011, but effective January 1, 2013, requires employers who establish commission plans to have those commission agreements be in writing. Any such agreement must describe how the commission is to be computed and paid, must be signed by the employer and employees, and a signed copy must be provided to each employee who is a party to it.
AB 1888 – Commercial Driver’s License and Traffic School
Previous law prohibited commercial drivers with a Commercial Drivers’ License from attending traffic school to clear traffic violations, even when the violation occurred in the driver’s personal vehicle. This meant that a driver’s CDL could be at risk for infractions incurred while not driving commercially. This bill amends the law and allows commercial drivers to attend traffic school for violations that occurred in their personal vehicle. If the driver successfully completes traffic school, the point will not count against the driver’s commercial driving record. The law does not apply to certain two-point violations.
AB 1606 – Fact Finding
This bill clarifies AB 646 regarding fact-finding following bargaining impasse in Myers-Milias- Brown public sector jurisdictions. The legislation is intended to ensure that a public sector employer cannot bypass the fact-finding process by declaring impasse. Specifically, the law clarifies that an employee organization may request fact finding even if there was not mediation, and that an employee organization may not waive its right to request fact finding.
AB 1675 – Farm Labor Contractors
This bill amends current law to increase protections for farm labor employees. Specifically, the law creates new citations and penalties, to be issued by the Labor Commissioner, for farm labor contractors who operate without a Farm Labor Contractor license. The penalties collected will go into the Farmworker Remedial Account to be used in regulating farm labor contractors.
AB 1744 – Temporary Worker Protections
This bill establishes protections for temporary workers to ensure that they are paid correctly and receive wage information necessary to accurately assess whether they are being paid correctly. Specifically, the bill requires temporary services employers to include rate of pay and total hours worked for each assignment on employee paystubs. The Employer also has to provide notice to employees of the name, physical address of main office, mailing address of main office, and telephone number of the legal entity for whom the employee will perform work.
AB 1775 – Wage Garnishments
This legislation sets further limits on the amount of money that may be garnished in a paycheck. The law now limits the amount that may be garnished to the lesser of 25 percent of an individual’s weekly disposable earnings or the amount by which the disposable earnings for the week exceed 40 times the state minimum hourly wage.
AB 1844 – Social Media
This statute is intended to protect employees’ right to privacy as related to social media such as Facebook and Twitter. Specifically, the new law prohibits an employer from requiring, or even requesting, an employee or applicant for employment to disclose his or her username or password for accessing personal social media, or to open his or her personal social media in front of the employer. The employer may not discipline or threaten to discipline an employee for failing to comply with a request from an employer to provide access to the employee’s personal social media sites.
AB 1855 – Warehouse Contracting
This legislation prohibits an entity from entering into a contract or agreement for labor in the warehouse industry where the entity knows or should know that the contract does not include sufficient funds for the contractor to comply with applicable labor laws. The contracting company will also be liable for damages and/or penalties for violations.
AB 1964 – Religion Dress and Grooming Practices
This new law extends FEHA religious discrimination protections to prohibit employers from discriminating against an employee based on his or her religious dress or grooming practices. The legislation also provides that an accommodation for such religious dress or grooming practices is not reasonable if it segregates the individual from other employees or the public.
AB 2103 – Overtime Pay for Non-Exempt Employee with Fixed Salary
This legislation provides that payment of a fixed salary to non-exempt employees only applies to regular, non-overtime hours, even if there is an agreement to the contrary. Current law authorizes employers to agree to a fixed salary for non-exempt employees. However, previous law was unclear on how the fixed salary applies to overtime work. This new statute was passed to overturn a recent court decision and clarify that the fixed salary only applies to regular non- overtime hours, and that overtime must be paid separately. Under this new law an employer cannot avoid paying overtime to a non-exempt employee simply by establishing a fixed salary.
AB 2386 – Breastfeeding Discrimination
Current law under the California Fair Employment and Housing Act makes discrimination based on sex illegal. This bill adds breastfeeding and conditions related to breastfeeding in the definition of “sex” under FEHA to clearly make discrimination against a woman because of breastfeeding illegal. The legislation is intended to clarify the law as a result of some courts finding that discrimination for breastfeeding is not prohibited.
AB 2508 – Call-Center Staffing
This bill, sponsored by California Labor Federation, requires that call centers for state benefits programs be staffed by California workers. This stops the current practice of such call centers being off-shored.
AB 2674 – Personnel Records
This legislation clarifies the law regarding employees’ rights to inspect and copy personnel records. Specifically, the bill requires employers to maintain personnel records for a specified period of time and entitles employees and/or their representative access to inspect and copy their personnel records. If the employer fails to comply, the employee or former employee is entitled to a $750 penalty. The law does not apply to an employee covered by a collective bargaining agreement if there is specific language providing for the inspection and copying of personnel records.
SB 863 – Workers Compensation Reform
This comprehensive legislation was negotiated between Labor and Management to improve the current workers compensation system for injured workers. Important improvements provide for more independent medical care for injured workers, including the expanded right for employees to pre-designate and see their own doctor. This legislation also increases permanent disability benefits for employees who are rated as permanently disabled and creates a new return to work fund of $120 million to provide additional funding for severely disabled workers.
SB 1255 – Penalties for Wage Statement Violations
Current law requires employers to provide an itemized wage statement with an employee’s pay check, and authorizes a penalty if the employee suffers an injury due to the employer’s knowing and willful failure to comply with the law. This law clarifies that an employee is “injured” if the employer fails to provide a wage statement or fails to provide accurate and complete information on the wage statement such that the employee cannot easily determine the accuracy of his or her pay.
SB 1038 – New Authority For DFEH To Prosecute Discrimination Cases In Court
Included in the Governor’s 2013 budget bill was legislation eliminating the Fair Employment and Housing Commission and authorizing the Department of Fair Employment and Housing to prosecute employment and housing discrimination cases directly in court rather than before the Commission, which was an administrative body.
The new legislation also establishes a seven-member board within DFEH called the Fair Employment and Housing Council. The Council’s chief responsibility will be to enact regulations enforcing the substantive portions of the Fair Employment and Housing Act.
The material on this website is provided by Beeson, Tayer & Bodine for informational purposes only and does not constitute legal advice. Readers should consult with their own legal counsel before acting on any of the information presented. Some of the articles are updated periodically, and are marked with the date of the last update. Again, readers should consult with their own legal counsel for the most current information and to obtain professional advice before acting on any of the information presented.
