CALIFORNIA EMPLOYMENT LAW CHANGES 2015

Implementation Date

Description

Law

(Bill)

WAGE HOUR

January 1, 2015

Employers liable for wage violations of labor contractors

Adds Lab. Code, § 2810.3

(AB1897)

January 1, 2015

Paid rest periods include cool down periods for an employee to prevent heat illness in covered industries

Amends Lab. Code, § 226.7

(SB 1360)

January 1, 2015

Expands penalty for failure to pay minimum wages to resigned or discharged employee

Amends Lab. Code, § 1197.1

(AB 1723)

January 1, 2015

Clarified that the statute of limitations for recovering liquidated damages for minimum wage violations applies to the underlying wage claim (3 years)

Amends Lab. Code, § 1194.2

AB 2074

January 1, 2015

Increased penalties for violation of child labor laws; tolls statute of limitations for child labor claims until aggrieved party is the age of majority

Adds Lab. Code, § 1311.5

(AB 2288)

EMPLOYEE LEAVES

July 1, 2015

Healthy Workplaces, Healthy Families Act of 2014 – Employers must provide paid sick leave to all employees meeting certain requirements; posting required January 1, 2015

Amends Lab. Code, §2810.5; adds Article 1.5 (commencing with Section 245)

(AB 1522)

January 1, 2015

Expands definition of emergency rescue personnel and protects time-off for emergency duty; notification requirements to employer for emergency duty deployment

Amends Lab. Code, § 230.3

(AB 2536)

WORKPLACE SAFETY

January 1, 2015

CAL/OSHA penalties cannot be modified unless the employer has fixed the violation

Amends Lab. Code, §§ 6319, 6320, and 6625

(AB 1634)

January 1, 2015

Permits employers to notify the Division of Occupational Safety and Health by telephone or email of a work related serious injury

Amends Lab. Code, § 6409.1

(AB 326)

HEALTH CARE COVERAGE

January 1, 2015

Insurance can have up to 90-day authorization period per Affordable Care Act; employers must notify employees of consequences for failing to enroll in coverage in open enrollment

Various amendments to Health and Saf. Code and Ins. Code

(SB 1034)

DISCRIMINATION, HARASSMENT AND RETALIATION

January 1, 2015

Protects discrimination against unpaid interns and volunteers

Amends Gov. Code,

§ 12940

(AB 1443)

January 1, 2015

Employers to provide training to prevent “abusive conduct” in sexual harassment training for supervisors

Amends Gov. Code, § 12950.1

(AB 2053)

January 1, 2015

Prohibits discrimination based on possessing a driver’s license issued under Vehicle Code, section 12801.9 (federally undocumented individuals)

Amends Gov. Code, § 12926 and various sections of the Vehicle Code

(AB 1660)

January 1, 2015

Expands definition of unfair immigration-related practice; clarifies that the $10,000 penalty against an employer that discriminates or retaliates against an employee who complains about Labor Code violations goes to the employee

Amends Lab. Code, §§ 98.6, 1019 and 1024.6

(AB 2751)

January 1, 2015 and

January 1, 2016

Prohibits discrimination and retaliation against employees for receiving public assistance programs; state agencies required to publically publish list of top employers with most number of employees on public assistance programs

Add and repeal Gov. Code, § 13084; amends Unemp. Ins. Code, § 1095; add and repeal Welf. and Inst. Code, § 11026.5

(AB 1792)

January 1, 2015

Businesses that provide services to minors must provide to the parent/guardian their policies relating to obtaining criminal background checks for employees

Adds Chapter 2.8 (commencing with Section 18950) to Division 8 of the Bus. & Prof. Code; amends Pen. Code, § 11105.3

(AB1852)