2020 Legislative Summary Employment Law, Part II

January 7, 2020 by Christopher Hammer, Lorrie Bradley, Stephanie Platenkamp, Tony Rice, Sarah Kanbar, Travis West and Kena Cador

This post is the second part of our six-part series summarizing significant legislative changes in labor and employment law for 2020. Today we are addressing developments in wage and hour law. Our coming posts will address family leave and accommodation, health and safety, anti-discrimination/harassment law, and public sector developments.

WAGE & HOUR LAW

2020 Minimum Wage Increase

On January 1, 2020, the state minimum wage will increase to $12 for employees of employers with 25 or fewer employees. For employees of employers who have 26 or more employees, the minimum wage will be $13 an hour. The state minimum wage has no exception for employees covered by collective bargaining contracts.

Several cities, including San Francisco and San Jose either already have higher minimum wages of $15 per hour or higher, or will require such a higher wage as of January 1, 2020. For instance, San Francisco’s minimum wage is currently $15.59 as of July 1, 2019, and is pegged to increase consistent with the consumer price index. Although the state minimum wage can be waived by a collective bargaining agreement, many of the city minimum wage ordinances have collective bargaining waivers.

For more information read here:
https://www.sfgate.com/local/article/12-Bay-Area-cities-raising-minimum-wage-Cupertino-14930102.php
https://www.thedenverchannel.com/news/national/minimum-wage-to-increase-in-26-states-in-2020

AB 673 – Wage Claims: Recovery of penalties

Assembly Bill 673 amends California Labor Code § 210 to create a new individual right to recover penalties for the late payment of payday wages through a complaint with the Labor Commissioner. Previously, only the Labor Commissioner was permitted to seek penalties under § 210. Under § 210, the penalties for late paid wages are $100 for the first violation and $200 for each subsequent violation. In addition, the employer must pay 25 percent of the wages that were paid late.

Read the text of the bill here:
https://leginfo.legislature.ca.gov/faces/billNavClient.xhtml?bill_id=201920200AB673

AB 1768 – Prevailing wage: Public works

This bill expands the definition of ‘public work’ to include work conducted during site assessment or feasibility studies. This bill also specifies that preconstruction work, including design, site assessment, feasibility studies, and land surveying, is deemed to be part of a ‘public work’, regardless of whether any further construction work is conducted.

Read the text of the bill here:
https://leginfo.legislature.ca.gov/faces/billNavClient.xhtml?bill_id=201920200AB1768

SB 671 – Print shoot employees: Payment of wages

Existing law generally requires that employers pay wages earned and owed to discharged employees at the time of discharge, and establishes penalties for violations relating to nonpayment of such wages. Existing law provides for an exception to this general rule for employees engaged in the production or broadcasting of motion pictures, allowing the payment of owed wages to be provided by the next regular payday. This bill creates specific provisions in these laws for “print shoot employee[s],” defined as individuals hired for a limited period to render services relating to or supporting still photography shoots for use in print, digital or internet media. As with motion picture employees, the provisions enacted by this bill allow employers to pay discharged print shoot employees by the next regular payday without violating the law. The bill further provides that valid collective bargaining agreements providing for more stringent payment requirements are permissible.

Read the text of the bill here:
https://leginfo.legislature.ca.gov/faces/billNavClient.xhtml?bill_id=201920200SB671

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.