California Enacts Legislative Changes: Employment Law Manual Updated, Legal Timetables Added

Author:  XpertHR Editorial Team

 

California Governor Jerry Brown signed into law a number of bills passed during the 2015 legislative session. New laws of interest to employers address equal pay, military leave, temporary disability insurance, pay statements, liens or levies in the case of nonpayment of employee wages, piece-rate pay, leave, E-Verify procedures, discrimination in public contracts and employee retaliation protections.

The latest round of updates to XpertHR's comprehensive resources are detailed below.

Pay statement violations.  The Private Attorneys General Act of 2004 (PAGA) has been amended to provide an employer with the right to correct certain pay statement violations, effective October 2, 2015. The California-specific section of Payment of Wages in the Employment Law Manual has been updated and a Legal Timetable entry has been added.

Wage collection. A new law authorizes the Labor Commissioner to file a lien or levy on an employer's property in order to assist an employee in collecting unpaid wages. Special provisions apply to long-term care industry employers. The California-specific section of Payment of Wages in the Employment Law Manual has been updated and a Legal Timetable entry has been added.

Discrimination. California law will include stronger discrimination protections in public contracts. As a result, the EEO - Discrimination: California section of the Employment Law Manual has been updated and a Legal Timetable entry has been added.

Whistleblowing and retaliation. Current retaliation protections have been extended to family members of an individual engaging in a legally protected activity. As a result, the Employee Discipline: California section of the Employment Law Manual has been updated and a Legal Timetable entry has been added.

Leaves. California has expanded the authorized reasons for taking leave under its Family School Partnership Act and revised certain provisions of its kin care law to bring it into alignment with California's paid sick leave law. Accordingly, the Employment Law Manual's California-specific sections of FMLA, Other Leaves, Employee Handbooks - Work Rules - Employee Conduct and Employee Discipline have been updated and a Legal Timetable entry has been added.

Employment verification procedures. California has expanded its retaliation protections by including in the current definition of unlawful employment practice the use of the E-Verify system in a way that is not required by federal law. As a result, the California-specific content in the Immigration, Form I-9 and Work Visas, Preemployment Screening and Testing, EEO - Discrimination, EEO - Retaliation and Employee Discipline sections of the Employment Law Manual have been updated. A Legal Timetable entry has also been added.

Piece rates. California has established new requirements that apply to employees compensated on a piece-rate basis. As a result, the Hours Worked: California and Payment of Wages: California sections of the Employment Law Manual have been updated and a Legal Timetable entry has been added.