As our employment law attorney did last year, he is once again giving hint to his valued readers and visitors about what to expect from the California employment law in the upcoming year.
So employers, heads up for these important changes so that your company policies and practices will definitely be in compliance with that state’s upcoming labor laws as the new year starts.
Employment Discrimination
In an amendment to the California Fair Employment and Housing Act (FEHA), Cal. Civ. Code § 12920 et seq., military or veteran status are included in a class protected from employment discrimination.
Leaves and Absences
In a recent amendment to the California Labor Code, volunteer firefighters, emergency rescue personnel and reserve peace officers will be entitled to temporary leaves of absence. However, the new legislation is under certain terms and conditions.
Also, employers would be prohibited from terminating, discriminating and retaliating against employees who are victims of certain offenses for having absences to appear in any court or tribunal proceedings concerning their rights.
Moreover, an amendment to the California Labor Code, Section 230 and 230.1 also prohibits employers from terminating, discriminating and retaliating against employees who are victims of domestic violence, stalking and sexual assault. Employers are further required to provide reasonable accommodation to employees who need to take some time off from their job to address the issue related to the abuse they experienced.
Wages
Since cases of domestic workers who have been deprived of wages and benefits are significantly increasing in the past few years, a new law requiring private individuals employing domestic workers, caregivers and childcare providers to pay them with proper overtime pay for all hours they worked in excess of 45 hours a week. However, the new law will only last until January 1, 2017, unless it is extended.
Meanwhile, when it comes to the most common concerns of employees, the untaken rest or meal breaks, a new law requiring employers to give employees one hour of pay for not having any rest or meal breaks and missing “recovery periods” was recently approved.
Furthermore, a new law regarding federal taxation is now extended to same-sex couples.
Lawsuits
Under a new amendment to the California Fair Employment and Housing Act (FEHA), employees who assert claims of sexual harassment are no longer required to show that the harassment is triggered by sexual desire.
Another new favorable law for employees in the Golden State is that employers’ ability to recover attorney’s fees and costs in actions for non-payment of wages would be limited. Under a new amendment to the California Labor Code, employers can only recover their defense cost only if they prove that employee’s lawsuit is raised without merit.
Last but not the least, probably the most exciting new California labor law to look forward is the minimum wage increase, which raised the current minimum wage of $8 per hour to $9.
Last year, just before the year ended, we posted a similar article about the new labor laws that will take effect by 2013. If you want to make a comparison between the current year and next year’s changes, you can see it here - New Labor Laws to Take Effect by January 2013.
So employers, heads up for these important changes so that your company policies and practices will definitely be in compliance with that state’s upcoming labor laws as the new year starts.
Employment Discrimination
In an amendment to the California Fair Employment and Housing Act (FEHA), Cal. Civ. Code § 12920 et seq., military or veteran status are included in a class protected from employment discrimination.
Leaves and Absences
In a recent amendment to the California Labor Code, volunteer firefighters, emergency rescue personnel and reserve peace officers will be entitled to temporary leaves of absence. However, the new legislation is under certain terms and conditions.
Also, employers would be prohibited from terminating, discriminating and retaliating against employees who are victims of certain offenses for having absences to appear in any court or tribunal proceedings concerning their rights.
Moreover, an amendment to the California Labor Code, Section 230 and 230.1 also prohibits employers from terminating, discriminating and retaliating against employees who are victims of domestic violence, stalking and sexual assault. Employers are further required to provide reasonable accommodation to employees who need to take some time off from their job to address the issue related to the abuse they experienced.
Wages
Since cases of domestic workers who have been deprived of wages and benefits are significantly increasing in the past few years, a new law requiring private individuals employing domestic workers, caregivers and childcare providers to pay them with proper overtime pay for all hours they worked in excess of 45 hours a week. However, the new law will only last until January 1, 2017, unless it is extended.
Meanwhile, when it comes to the most common concerns of employees, the untaken rest or meal breaks, a new law requiring employers to give employees one hour of pay for not having any rest or meal breaks and missing “recovery periods” was recently approved.
Furthermore, a new law regarding federal taxation is now extended to same-sex couples.
Lawsuits
Under a new amendment to the California Fair Employment and Housing Act (FEHA), employees who assert claims of sexual harassment are no longer required to show that the harassment is triggered by sexual desire.
Another new favorable law for employees in the Golden State is that employers’ ability to recover attorney’s fees and costs in actions for non-payment of wages would be limited. Under a new amendment to the California Labor Code, employers can only recover their defense cost only if they prove that employee’s lawsuit is raised without merit.
Last but not the least, probably the most exciting new California labor law to look forward is the minimum wage increase, which raised the current minimum wage of $8 per hour to $9.
Last year, just before the year ended, we posted a similar article about the new labor laws that will take effect by 2013. If you want to make a comparison between the current year and next year’s changes, you can see it here - New Labor Laws to Take Effect by January 2013.
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