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| Home Page > Solutions > Services : Current Page | ||
 Tuesday, May 13, 2008 |
 |
Human Resource Management
Employment Law Update To keep you and your company in compliance with current employment laws,
we provide this periodic update on relevant legislation. Many of the employment laws listed here became effective January 1, 2004.
Employers need to make sure that they are aware of the new provisions that
may apply to them. California Update Expansion of FEHA Sex Bias & Harassment
Definition – AB
196: This new law expands the FEHA prohibition on employment or housing discrimination
to include not only a person’s “actual sex” to include the
employer’s perception of the person’s identity, appearance or behavior – regardless
of whether that identity, appearance or behavior differs from what is traditionally
associated with the individual’s sex at birth. Employers may still require
employees to comply with reasonable workplace appearance, grooming and dress
standards consistent with state or federal law, as long as employees are allowed
to appear or dress consistently with their gender identity. This law applies
to all private and public sector employees of five or more people. Liability for Harassment by Non-Employees – AB 76: This new law expands FEHA’s anti-harassment provisions and puts employers
on the legal hook for sexual harassment of employees by clients and customers,
provided the company knew or should have known about the harassment and took
no immediate corrective action. Leave for Crime Victims and Their Families – AB 478: Employees who are the victims of serious crimes as well as relatives and
domestic partners of crime victims can take unpaid leave from work to attend
legal proceedings. This new law applies to all employers, regardless of how
many employees they have. Increase in Labor Code Violation Penalties – AB 276: This law increases the penalties for failing to pay wages or unlawfully withholding
wages under section 210 and 225.5 of the California Labor Code, from $50 to
$100 per employee for the first violation, and from $100 to $250 per employee
for subsequent or intentional violations. This law also raises the penalty
for paying less than minimum wage under Labor Code 1197.1. Wage and Hour Appeals – AB 223: This law makes it harder for employers to recover attorney’s fees and
costs in connection with an employee’s appeal from a labor commissioner
wage & hour ruling. Equal Benefits for Domestic Partners – AB 17: Under this law, certain state contractors will have to provide the same employee
benefits for registered domestic partners as they do for spouses. Another new
law, the Domestic Partner Rights & Responsibilities Act of 2003 (AB205)
grants domestic partners nearly all the rights and responsibilities afforded
to spouses under California law. This law takes effect January 1, 2005, and
will have important implications for the workplace. Family Temporary Disability Insurance – SB
1661: Employees Allowed to Bring Civil Actions to Recover Penalties
for Labor Code Violations – SB 796: This law allows aggrieved employees to file private lawsuits against their
employers, on behalf of themselves and other employees, for labor code violations
in cases when the responsible state agency doesn’t pursue the violations. Expansion of Whistleblower Protection – SB 777 and SB 523: This law expands whistleblower protections to employees who report a violation
of a state or federal rule, refuse to participate in an activity that would
result in the violation of a state or federal statute or regulation, or who
exercised these rights in former employment. Employers must prove by clear
and convincing evidence that they had legitimate independent reasons for adverse
actions against a whistleblower and must post the phone number of the whistleblower
hotline operated by the California Attorney General’s office. There is
a $10,000 fine for each violation of this law. Identity Theft Protection – SB 1386: This law adds Civil Code Sections 1798.29, 1798.82 to require employers who
store computerized employee information (e.g. SSN, DLN, etc.) to provide notice
to affected employees if the security of their information is breached. Workers Compensation Reform – SB 228/AB 227: This new landmark legislation, intended to reform California’s Worker
Compensation Program, provides caps on chiropractic and physical therapy visits,
sets a pharmaceutical fee schedule, establishes utilization guidelines governing
medical treatment and imposes a new outpatient surgery facility fee schedule.
However, California lawmakers have introduced a measure to repeal these reforms. There are currently several proposed bills both in the Assembly and the Senate;
we will update you on these when their disposition becomes more certain. |