New Laws

New Employment Laws in California

As usual, the California legislature has been busy this year.  Recently, Governor Brown signed several new employment laws in California.  The following is a brief summary of the new employment laws.  More will certainly follow.

New Employment Laws in California

Wage Payments for Security Guards

Employers must pay most employees at least twice a month (semi-monthly). Employers can choose to pay employees every two weeks (bi-weekly) or even weekly. Under Labor Code Section 201.3, temporary service employers are required to pay employees weekly.  On July 26, 2016, Governor Brown signed AB 1311 expanding Labor Code section 203.1 to apply to certain security guards .

This new law took effect immediately upon enactment as an urgency statute.

Civil actions for Human Trafficking

Victims of human trafficking can bring a civil action for damages and other appropriate relief.

AB 1684 allows the DFEH to investigate, mediate, and prosecute human trafficking complaints. The DFEH can also recover damages for the victims of human trafficking.

This new employment law goes into effect January 1, 2017.

Work Experience Education and Job Shadowing

16-years old students can receive credit for completing a work experience education program. Students can “job shadow” for a maximum of 25 hours in a specified period.

AB 2063 expands the job shadowing to 14-year olds with the school principal’s certification.  AB 2063 also increases the hours to 40 hours in a specified period with the principal’s certification.

This new employment law goes into effect January 1, 2017

Wages: Itemized Statements

Employers must provide accurate itemized statements to employees containing specified information. The wage statements must show the total hours worked. Salaried employees exempt from California’s overtime requirements do not have to have their total hours on the pay stubs.

AB 2535 adds computer software workers, outside salespeople and certain family members to the list of employees who do not have receive pay stubs showing the total hours worked.

Workers’ Compensation Independent Medical Reviews

Under California’s workers’ compensation system, if a treatment or diagnostic service remains disputed after a 3rd physician’s opinion, the injured employee can request an independent medical review. Existing law requires the review to use standards established in statute or use the American College of Occupational and Environmental Medicine’s Occupational Medicine Practice Guidelines.

SB 914 deletes the authorization to use the American College of Occupational and Environmental Medicine’s Occupational Medicine Practice Guidelines as standards for those independent medical reviews.

Deaf or Hard-of-Hearing Individuals

Several statutes use the term “hearing impaired,” or a close variation of that term. AB 1709 replace the term “hearing impaired” with the term “hard of hearing,” or a close variation of “hard of hearing,” and makes other technical, nonsubstantive changes in those provisions.

Wage Investigations and Subpoenas

Existing law authorizes the Labor Commissioner to subpoena witnesses and documents. If a person fails to comply with a subpoena the superior court can compel the witness to testify or for the production of documents.

SB 1342 allows cities and counties to delegate that body’s authority to issue subpoenas and to report noncompliance to a judge for enforcement.

These are just some of the new employment laws the California legislature has and will adopt for 2016. This is a good time to review your policies and procedures.

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

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The Nuddleman Law Firm, P.C. represents employees and businesses throughout Silicon Valley and the greater San Francisco Bay Area including Pleasanton, Oakland, San Ramon, Hayward, Palo Alto, Menlo Park, Mountain View, Los Altos, San Jose, the South Bay Area, Campbell, Los Gatos, Cupertino, Morgan Hill, Gilroy, Sunnyvale, Santa Cruz, Saratoga, and Alameda, San Mateo, Santa Clara, San Benito, Mendocino, and Calaveras counties.