California Supreme Court

Employment Law Changes for 2016

Many people ask me why I practice employment law. One reason is that it is never boring. Employment law changes every year. The legislature never fails to adopt new employment laws trying to create a more equitable and fair workplace. The courts constantly struggle to interpret the old laws in new situations, and how to apply the new employment law changes. California passed 75 bills in 2016 that either revise existing law or create new employment laws.

New Employment Law Changes for 2016

Here is a compendium of the employment law changes adopted by the California legislature in 2016:

  • ABX2-7 by Assemblymember Mark Stone (D-Scotts Valley) – Smoking in the workplace
  • AB 326 by Assemblymember Jim L. Frazier Jr. (D-Oakley) – Public works: prevailing wage rates: wage and penalty assessments
  • AB 488 by Assemblymember Lorena Gonzalez (D-San Diego) – Employment discrimination
  • AB 736 by Assemblymember Ken Cooley (D-Rancho Cordova) – State teachers’ retirement: executive positions
  • AB 908 by Assemblymember Jimmy Gomez (D-Los Angeles) – Paid Family Leave
  • AB 1066 by Assemblymember Lorena Gonzalez (D-San Diego) – Agricultural workers: wages, hours, and working conditions
  • AB 1311 by Assemblymember Jim Cooper (D-Elk Grove) – Temporary services employees: wages
  • AB 1627 by the Committee on Budget – State employment: memorandum of understanding: Bargaining Unit 7
  • AB 1661 by Assemblymember Kevin McCarty (D-Sacramento) – Local government: sexual harassment prevention training and education
  • AB 1669 by Assemblymember Roger Hernández (D-West Covina) – Displaced employees: service contracts: collection and transportation of solid waste
  • AB 1676 by Assemblymember Nora Campos (D-San Jose) – Employers: wage discrimination
  • AB 1684 by Assemblymember Mark Stone (D-Scotts Valley) – Civil actions: human trafficking
  • AB 1687 by Assemblymember Ian C. Calderon (D-Whittier) – Customer records: age information: commercial online entertainment employment service providers
  • AB 1692 by Assemblymember Susan Bonilla (D-Concord) – County employees’ retirement: Contra Costa County
  • AB 1709 by Assemblymember James M. Gallagher (R-Plumas Lake) – Deaf or hard-of-hearing individuals
  • AB 1840 by Assemblymember Mike A. Gipson (D-Carson) – State agencies: interns and student assistants: hiring preference
  • AB 1843 by Assemblymember Mark Stone (D-Scotts Valley) – Applicants for employment: criminal history
  • AB 1875 by Assemblymember Rocky Chávez (R-Oceanside) – State teachers’ retirement: option beneficiaries: trusts
  • AB 1887 by Assemblymember Evan Low (D-Campbell) – State government: discrimination: travel
  • AB 1918 by Assemblymember Patrick O’Donnell (D-Long Beach) – Teacher credentialing: temporary certificates
  • AB 1926 by Assemblymember Jim Cooper (D-Elk Grove) – Public works: prevailing wage: apprentices
  • AB 1953 by Assemblymember Shirley N. Weber (D-San Diego) – Peace officers: civilian complaints
  • AB 2025 by Assemblymember Lorena Gonzalez (D-San Diego) – Barbering and cosmetology: labor law education requirements
  • AB 2028 by Assemblymember Jim Cooper (D-Elk Grove) – Public employees’ retirement: involuntary termination: reinstatement
  • AB 2061 by Assemblymember Marie Waldron (R-Escondido) – Supervised Population Workforce Training Grant Program
  • AB 2063 by Assemblymember James M. Gallagher (R-Plumas Lake) – Work-based learning opportunities: work experience education and job shadowing
  • AB 2068 by Assemblymember Chris Holden (D-Pasadena) – Talent services
  • AB 2126 by Assemblymember Kevin Mullin (D-South San Francisco) – Public contracts: Construction Manager/General Contractor contracts
  • AB 2230 by Assemblymember Kansen Chu (D-San Jose) – Overtime compensation: private elementary or secondary academic institutions: teachers
  • AB 2248 by Assemblymember Chris Holden (D-Pasadena) – Teacher credentialing: out-of-state trained teachers: English learner authorizations
  • AB 2288 by Assemblymember Autumn R. Burke (D-Inglewood) – Apprenticeship programs: building and construction trades
  • AB 2296 by Assemblymember Evan Low (D-Campbell) – Digital signatures (applicable to DFEH online right-to-sue requests)
  • AB 2337 by Assemblymember Autumn R. Burke (D-Inglewood) – Employment protections: victims of domestic violence, sexual assault, or stalking
  • AB 2375 by the Committee on Public Employees, Retirement, and Social Security – Public Employees’ Retirement System: omnibus bill
  • AB 2376 by the Committee on Public Employees, Retirement, and Social Security – County employees’ retirement: Los Angeles County
  • AB 2393 by Assemblymember Nora Campos (D-San Jose) – School employees: sick leave: parental leave
  • AB 2404 by Assemblymember Ken Cooley (D-Rancho Cordova) – Public Employees’ Retirement System: optional settlements
  • AB 2532 by Assemblymember David S. Chiu (D-San Francisco) – Employment services: verification
  • AB 2535 by Assemblymember Sebastian Ridley-Thomas (D-Los Angeles) – Employment: wages: itemized statements
  • AB 2551 by Assemblymember James M. Gallagher (R-Plumas Lake) – Contract procurement: surface storage projects
  • AB 2687 by Assemblymember Katcho Achadjian (R-San Luis Obispo) – Vehicles: passenger for hire: driving under the influence
  • AB 2763 by Assemblymember Mike Gatto (D-Glendale) – Transportation network companies: personal vehicles
  • AB 2780 by Assemblymember Chris Holden (D-Pasadena) – Fair Employment and Housing Council: membership: length of terms
  • AB 2843, Chau. Public records: employee contact information
  • AB 2844, Bloom. Public contracts: discrimination
  • AB 2899 by Assemblymember Roger Hernández (D-West Covina) – Minimum wage violations: challenges
  • SB 3 by Senator Mark Leno (D-San Francisco) – Minimum Wage
  • SB 24 by Senator Jerry Hill (D-San Mateo) – California Public Employees’ Pension Reform Act of 2013: joint powers authority: employees
  • SB 95 by the Committee on Budget and Fiscal Review – State employees: memorandum of understanding
  • SB 269 by Senator Richard D. Roth (D-Riverside) – Disability access
  • SB 693 by Senator Ben Hueso (D-San Diego) – Public contracts: skilled and trained workforce
  • SB 702 by Senator Mike McGuire (D-Healdsburg) – Employment of minors: agricultural packing plants
  • SB 826 by Senator Mark Leno (D-San Francisco), among other things, the 2016-17 budget begins implementing the state’s new $15 per hour minimum wage by raising the statewide minimum wage to $10.50 per hour beginning on January 1, 2017
  • SB 848 by the Committee on Budget and Fiscal Review – State Employment
  • SB 916 by Senator Ben Allen (D-Santa Monica) – Teacher credentialing
  • SB 954 by Senator Robert M. Hertzberg (D-Van Nuys) – Public works: prevailing wage: per diem wages
  • SB 1001 by Senator Holly J. Mitchell (D-Los Angeles) – Employment: unfair practices
  • SB 1015 by Senator Connie M. Leyva (D-Chino) – Domestic work employees: labor standards
  • SB 1038 by Senator Ben Allen (D-Santa Monica) – Community colleges: employees
  • SB 1063 by Senator Isadore Hall III (D-Compton) – Conditions of employment: wage differential: race or ethnicity
  • SB 1139 by Senator Ricardo Lara (D-Bell Gardens) – Health professionals: medical degree programs: healing arts residency training programs: undocumented immigrants: nonimmigrant aliens: scholarships, loans, and loan repayment
  • SB 1146 by Senator Ricardo Lara (D-Bell Gardens) – Discrimination: postsecondary education
  • SB 1167 by Senator Tony Mendoza (D-Artesia) – Employment safety: indoor workers: heat regulations
  • SB 1180 by Senator Hannah-Beth Jackson (D-Santa Barbara) – Public school employees: military veterans: leave of absence for illness or injury
  • SB 1203 by Senator Robert M. Hertzberg (D-Van Nuys) – Retirement systems: joint powers authorities: benefit formulas
  • SB 1234 by Senator Kevin De León (D-Los Angeles) – Retirement savings plans
  • SB 1241 by Senator Bob Wieckowski (D-Fremont) – Employment contracts: adjudication: choice of law and forum
  • SB 1342 by Senator Tony Mendoza (D-Artesia) – Wages: investigations: subpoenas
  • SB 1353 by Senator Richard Pan (D-Sacramento) – State Teachers’ Retirement System: funding
  • SB 1375 by Senator Hannah-Beth Jackson (D-Santa Barbara) – Educational equity: sex equity in education: federal Title IX notifications
  • SB 1379 by Senator Tony Mendoza (D-Artesia) – Community colleges: part-time, temporary employees
  • SB 1413 by Senator Mark Leno (D-San Francisco) – School districts: employee housing
  • SB 1442 by Senator Carol Liu (D-La Canada Flintridge) – Discrimination: regulations and enforcement
  • SB 836 by Committee of the Budget and Fiscal Review – State budget, including Private Attorney General’s Act (PAGA) amendments
  • AB 1732 by Assemblymember Phil Ting – single-user restrooms (for members of the public in business establishments)

You can search for each of the new employment law changes at: http://www.leginfo.ca.gov/bilinfo.html

I’ve written articles about several of the changes. Luckily, the new employment law changes are written down so I don’t have to memorize them all.

The ever-changing landscape of employment laws makes this area particularly challenging, and I’m always up for a good challenge. And this doesn’t even cover the federal employment law changes such as the higher salary requirement for exempt employees.

Whether you’re an employer struggling with California’s employment laws, or an employee with questions about your rights under the law, talk with a knowledgeable attorney familiar with California’s complex employment laws.

Original article by Robert E. Nuddleman of Nuddleman Law Firm, P.C.

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