The California legislature continued its focus on expanding legal remedies for employees in California. Many of the new laws for 2016, such as the Fair Pay Act and expanded Labor Commissioner powers, make significant changes to California’s employment law landscape.<\/p>\n
All of the new laws are effective on January 1, 2016, unless otherwise noted.<\/p>\n
Wage & Hour<\/p>\n
California Fair Pay Act \u2013 SB 358
\nGovernor Brown has referred to this new law as \u201cthe strongest equal pay law in the nation.” Amending California\u2019s existing equal pay law, the new Fair Pay Act lowers the burden of proof for plaintiffs claiming gender-discriminatory pay practices, by prohibiting an employer from paying lower wage rates for \u201csubstantially similar\u201d work, rather than \u201cequal\u201d work as used in existing law. The Fair Pay Act also increases the burden of proof for employers in defending such claims, requiring employers to directly demonstrate that a wage differential is based on a bona fide factor other than the employee\u2019s gender. Notably, the new law provides broader coverage than its Federal counterpart, the Equal Pay Act (29 USC \u00a7 206(d)). Unlike the Equal Pay Act, California\u2019s Fair Pay Act even provides employees an ability to challenge their pay based on wages paid to employees at other work locations of the same employer.<\/p>\n
PAGA Amendments \u2013 AB 1506
\nAmendments to the Private Attorneys General Act of 2004 (PAGA), which are effective immediately, provide some relief to employers relating to claims under Labor Code \u00a7 2699. Based on the amendment, employers now have a limited right to cure a violation of failing to provide its employees with a wage statement containing the inclusive dates of the pay period and the name and address of the legal entity of the employer.<\/p>\n
Expanded Labor Commissioner Enforcement Powers \u2013 SB 588 and AB 970
\nIn SB 588, the California legislature authorized the Labor Commissioner to file a lien on real estate, or a levy on an employer’s property, or impose a stop order on an employer\u2019s business to assist an employee in collecting unpaid wages where there is a judgment against the employer. Additionally, employers, or individuals acting on behalf of employers, who violate any provision regulating minimum wages or hours and days of work in any order of the Industrial Welfare Commission, or who violate other related provisions of law, may be held liable as the employer for such violation. A bond of up to $150,000 may be required of an employer who does not promptly pay a judgment for unpaid wages.<\/p>\n
In AB 970, the California legislature authorized the Labor Commissioner to issue citations to enforce local minimum wage and overtime laws.<\/p>\n
IWC Wage Orders 4-2001 and 5-2001 and Health Care Employees \u2013 SB 327
\nIn an effort to negate the California Court of Appeal opinion in Gerard v. Orange Coast Memorial Medical Center, 234 Cal. App. 4th 285 (2015), the California legislature enacted SB 327, making meal period waivers for health care employees valid and enforceable (reaffirming the validity of Section 11(D) of Industrial Welfare Commission Wage Orders 4-2001 and 5-2001).<\/p>\n
Piece-Rate Compensation \u2013 AB 1513
\nThe California legislature clarified the statutory requirements for piece-rate compensation and provided an affirmative defense and safe harbor for employers who, by December 15, 2016, fully compensate their specified employees for all under-compensated or uncompensated rest periods, recovery periods, or unproductive time between July 1, 2012 and December 31, 2015.<\/p>\n
Kin Care: More Kin; More Care \u2013 SB 579
\nThis Act was amended to better coordinate with California\u2019s paid sick leave law. Effective January 1, 2016, employees may take kin care leave to care for grandparents, grandchildren, and siblings. Also, the amendment clarifies and expands the reasons an employee may take for leave. While the prior version covered \u201cleave to attend to an illness,\u201d the new version covers: the diagnosis, care, or treatment for an existing health condition, or for preventive care (prior law specified \u201cillness\u201d only), certain absences resulting from domestic violence, sexual assault, or stalking.<\/p>\n
Family School Partnership Act \u2013 SB 579
\nThe school-related leave law is expanded to broaden the reasons employees may take job-protected leave from work without the fear of reprisal. This allows workers to take time off work to: (1) find, enroll, or re-enroll children in a school or with a licensed child care provider, and (2) to address issues with a child care provider or school emergency.<\/p>\n
Grocery Store Workers Protection \u2013 AB 359 and 897
\nCertain large grocery store establishments now have obligations to retain certain grocery store workers for a limited period of time following the sale of the grocery store to another entity.<\/p>\n
Discrimination and Retaliation Laws<\/p>\n
New California laws extend employee protection in both the retaliation and discrimination context.<\/p>\n
California law protects employees from retaliation and discrimination based on the employee having engaged in protected conduct. AB 1509 amends Labor Code section 98.6, 1102.5, 2810.3, and 6310, and extends that protection with regard to retaliation by extending it to a family member of a person who engaged in, or was perceived to engage in, the protected conduct. The bill also gives an exemption to household goods carriers from some liability provisions.<\/p>\n
Meanwhile, AB 987 extends retaliation and discrimination protections under the Fair Employment and Housing Act (FEHA) to include employees requesting accommodation based on disability or religious beliefs, regardless of whether the request was ultimately granted. The purpose of the law is to clarify part of the holding in the published decision Rope v. Auto-Clor Sys. Of Washington, Inc., 220 Cal. App. 4th 635 (2013).<\/p>\n","protected":false},"excerpt":{"rendered":"
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