An overview of employment law bills introduced in California legislature

April 13, 2013 (Press-News.org) With the February deadline to introduce new bills in the California legislature passed, it is a good time for California workers to begin thinking about potential changes to the law that could affect them in the coming year and beyond. If they become law, there are several bills that will have an important impact on employment law.

Wage issues, employee privacy online and flexible schedules key in proposals

Minimum wage issues have been highlighted across the nation recently, and California is no exception. Under AB 10, the California minimum wage would increase to $8.25 per hour beginning in 2014, and subsequently would rise to at least $8.75 and $9.25 in 2015 and 2016, respectively. The bill would also prohibit the Industrial Welfare Commission from lowering the minimum wage in years with negative inflation levels.

Another bill, SB 168, has to do with farm laborers. Under this measure, the successor to a farm labor contractor that meets certain criteria would have to pay wages and penalties owed by the predecessor contractor to its former employees. SB 168 would ensure that farm labor employees would not lose wages or penalties they are due when the farm operation they are working for changes hands.

AB 25 has the potential to affect workers of all economic levels. It is becoming increasingly common for employers to check up on their workers' online presence; this proposed law would prohibit employers from requiring or requesting that an employee or prospective employee disclose a user name or password used to access personal social media.

Currently, if a California employer fails to pay an employee all wages owed at the time of termination, the employer must pay "waiting time penalties" for each day the wages are not paid. The amount of the penalty is the employee's regular daily wages, and the penalties may accumulate for up to 30 days. The bill AB 228 would create a safety valve for employers who have not previously delayed payments to terminated employees, authorizing the labor commissioner to waive the penalties for a delayed payment claim if it was the first of its kind made against the employer and the claim is resolved within 30 days.

Finally, SB 607 would give more flexibility to employers and employees who wish to work out flexible work schedules. Unionized workplaces already allow employees to seek four 10-hour days per week rather than the standard five 8-hour days, and SB 607 would extend this to other workplaces. Under the current California labor code, employers must pay non-unionized employees overtime for work in excess of eight hours in a given workday, making employers reluctant to agree to flexible schedules that include extended hours; SB 607 would create an exception to the overtime requirement for flexible schedules. Employers would still have to pay overtime for all hours worked in excess of 10 in a workday.

Have you been treated unfairly by your employer? Talk to an attorney

The new California bills stand to expand on the enormous range of employment laws already in place. Among other things, California labor law protects workers who are underpaid -- like those receiving less than minimum wage, working unpaid overtime or being denied back wages; employees who are wrongfully terminated; and anyone facing discrimination, sexual harassment or other unfair and illegal treatment in the workplace.

By law, your employer cannot retaliate against you for exercising your rights to fair treatment in the workplace. If you have a grievance against your employer, talk to a California employment law attorney today to learn more about possible legal remedies.

Article provided by Law Offices of Rheuban & Gresen
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