New Employment Laws Will Benefit Californians in 2012
New employment laws took effect in California on January 1. These laws try to prevent employer discrimination based upon gender, sexual preference and credit history.
February 24, 2012
New Employment Laws Will Benefit Californians in 2012California is one of many states that modifies or changes its employment laws each year, with new legislation usually becoming effective in January. These laws typically address wage and hour issues, disability discrimination, sexual harassment and other common disputes in the workforce.
2011 was no different in California, as about a dozen new laws took effect on January 1, 2012. These laws include penalties for misclassifying employees as independent contractors, provide benefits for same-sex couples and address when employers can obtain credit checks during the hiring process. California legislators sought to address:
-Pregnancy Disability Leave: Employers with five or more employees must now continue to provide health insurance benefits during an employee's pregnancy disability leave for up to four months in a 12-month period. The pregnancy benefits should be the same as if the employee had continued to work during maternity leave.
-Misclassifying Independent Contractors: Willful misclassification of employees as independent contractors will now result in a penalty between $5,000 and $25,000. Employees can also be held liable if colluding with an employer on his or her classification.
-Notice From Employers to New Employees:Employers must provide new employees with written notice of: 1) the name of the employer; 2) the employer's main address and telephone number; 3) the employee's pay rate; 4) the employer's regular payday; and 5) the name of the employer's workers' compensation insurance company.
-Credit Background Checks: Employers are now prohibited from obtaining and using consumer credit reports unless an application is for a managerial position, a law enforcement position or when the employee would have continuous access to sensitive information.
-Non-Discriminating Insurance: Employers that operate in multiple states may not discriminate against same-sex couples and must provide domestic partners the same benefits offered to spouses.
Is Your Employer Mistreating Its Employees?
Many other employment and labor laws went into effect earlier this year as well. These include laws that govern California's contracting limitations, the increase in San Francisco's minimum wage and even Governor Schwarzenegger's new human-trafficking notification requirement.
However, arguably the most important changes are those that hold employers responsible for mistreating or discriminating against their employees. After all, discrimination would undoubtedly continue if repercussions did not follow these illegal behaviors.
As a result, employees must hold their employers accountable if they are harassed at work, retaliatedagainst for reporting illegal behavior or have endured any form of workplace discrimination.
Speak with an experienced employment law attorney if you think your employer may be violating California employment laws and to discuss your rights and legal options.
Article provided by Patton Wolan Carlise LLP
Visit us at http://www.pwblaw.com/