California Employment Changes for 2013

by Sandra Paredes, HR Options

This year the California State Senate and Assembly passed 568 new bills resulting in several new employment laws all employers need to be aware of and prepare for. With 2013 nearing, HR Options would like to share with you some of the new legislation that will go into effect on January 1, 2013.

Inspection of Personnel Records-AB 2674

AB 2674 amends Labor Code section 1198.5 relating to inspection of personnel records. Changes have been made with regards to the following:

• Who has the right to inspect or request copies of personnel files
• Deadlines for providing access to the files
• Where and how records must be made available
• An employer’s obligation to retain files
• Penalties for failure to comply

Religion and Reasonable Accommodation-AB 196

AB 1964 clarifies that religious dress and religious grooming practices fall under FEHA’s discrimination protections. Religious dress practice should be broadly construed and includes the wearing or carrying of religious clothing, head or face coverings, jewelry, artifacts and any other item that is part of the observance by an individual of his or her religious creed. Religious grooming practices should also be broadly construed to include all forms of head, facial, and body hair that are part of the observance by an individual of his or her religious creed. The accommodation of an individual’s religious dress or grooming practice that would require that person to be segregated from the public or other employees is not a reasonable accommodation.

Social Media and Personal Passwords-AB 1844

AB 1844 prohibits an employer from requiring or requesting an employee or employment applicant to disclose his or her social media username or password, to access his or her personal social media in the presence of the employer, or to divulge any personal social media. It defines "social media" as an electronic service or account, or electronic content, including, but not limited to, videos, still photographs, blogs, video blogs, podcasts, instant and text messages, email, online services or accounts, or internet web site profiles or locations. This bill also prohibits an employer from discharging, disciplining, threatening to discharge or discipline, or otherwise retaliating against an employee or applicant for not complying with a request or demand for access to the employee's personal social media.

Commissions Structures -AB 1396

AB 1396 requires employers who establish commission plans to reduce commission agreements to writing. The written agreement must set forth the method by which commissions are computed and paid and must be signed by both the employer and employee. A signed copy must be provided to each employee who is a party to it. The law applies to all employers with commissioned employees in California, whether or not the employer is located in California.If the contract expires but the parties continue to perform under its terms, the contract's terms are presumed to remain in full force until a new contract superseding its terms is executed or either party terminates the employment relationship.The law excludes from the definition of "commissions" short-term productivity bonuses and bonus and profit-sharing plans, unless the employer offers to pay a fixed percentage of sales or profits as compensation for work performed.

Breastfeeding-AB 2386

AB 2386 changes the definition of “sex” under FEHA for purposes of discrimination protections to include breastfeeding and related medical conditions. The effect is to make it unlawful for an employer to discriminate or harass an employee because she is breastfeeding or has a medical condition related to breastfeeding.

Penalties For Wage Statement Violations-SB 1255

SB 1255 amends Labor Code 226 to specifically define an “injury’ for purposes of violating the itemized wage statement statute. Employers are required to provide specific information to employees on wage statements each time wages are paid. An employee who “suffers an injury” as a result of an employer knowingly or intentionally failing to comply with the statute is entitled to recover damages against the employer.

Fixed Salaries and Overtime-AB 2103

AB 2103 specifies that payment of a fixed salary to a nonexempt employee provides compensation only for the employee’s regular, non-overtime hours,\ notwithstanding any private agreement or “explicit mutual wage agreement” to the contrary.

Please call HR Options with any questions on this legislation or for more information. This newsletter is intended to provide only general information on the legislation and does not include all employment related legislation.