California Employment Law Update – July 2016

California

Temporary Services Employees – Wages

On July 22, 2016, California Governor Jerry Brown signed legislation (A.B. 1311) regarding the wages of temporary services employees. The bill amends existing California law requiring an employee of a temporary services employer to be paid weekly to include a security guard employed by a private patrol operator who is a temporary services employer.

Read CA A.B. 1311

Human Trafficking – Wages

On July 22, 2016, California Governor Jerry Brown signed legislation (A.B. 1684) amending existing California law regarding human trafficking.

Existing California law authorizes a victim of human trafficking to bring a civil action for actual damages, compensatory damages, punitive damages, injunctive relief, any combination of those, or any other appropriate relief, as specified. Existing law also authorizes the Department of Fair Employment and Housing (DFEH) to receive, investigate, conciliate, mediate, and prosecute complaints alleging certain unlawful practices, as specified.

Assembly Bill 1684 further authorizes the DFEH to receive, investigate, conciliate, mediate, and prosecute complaints alleging, and bring civil actions for, a victim of human trafficking. The law also requires any damages awarded in a civil action brought by the DFEH to be awarded to the victim of human trafficking.

The law goes into effect on January 1, 2017.

Read CA A.B. 1684

Work-Based Learning Opportunities

On July 22, 2016, California Governor Jerry Brown signed legislation (A.B. 2063) regarding work-based learning opportunities.

Existing California law authorizes a school district to offer work experience education and requires a pupil to be at least 16 years of age to receive credit for completing a work experience education program, except under specified circumstances. The law specifies that a pupil may participate in a job shadowing experience for a maximum of 25 hours in a specified period.

Assembly Bill 2063 authorizes work experience education credit to be granted to a pupil who is at least 14 years of age if the principal of the school in which the pupil is enrolled certifies that it is necessary for the pupil’s participation in a career technical education program and would also authorize a pupil to participate in a job shadowing experience for up to 40 hours in a specified period if the principal of the school in which the pupil is enrolled certifies that it is necessary for the pupil’s participation in a career technical education program.

The law goes into effect on January 1, 2017.

Read CA A.B. 2063

Itemized Wage Statements

On July 22, 2016, California Governor Jerry Brown signed legislation (A.B. 2535) regarding itemized wage statements.

Existing California law requires an employer to provide his or her employee an accurate itemized statement in writing containing specified information, either semimonthly or at the time the employer pays the employee his or her wages. That specified information includes showing total hours worked by the employee, unless the employee’s compensation is solely based on a salary and the employee is exempt from payment of overtime under a specified statute or any applicable order of the Industrial Welfare Commission.

Assembly Bill 2535 additionally exempts from that requirement for information on total work hours an employee exempt from payment of minimum wage and overtime under specified statutes or any applicable order of the Industrial Welfare Commission.

The law goes into effect on January 1, 2017.

Read CA A.B. 2535

Workers’ Compensation – Independent Medical Reviews

On July 22, 2016, California Governor Jerry Brown signed legislation (S.B. 914) amending the state’s workers’ compensation law. Senate Bill 914 deletes the authorization to use the American College of Occupational and Environmental Medicine’s Occupational Medicine Practice Guidelines as standards for independent medical reviews. The bill also makes additional technical, nonsubstantive changes.

The law goes into effect on January 1, 2017.

Read CA S.B. 914

DIR Will Resume Enforcement on August 1 of the Requirement to Submit Certified Payroll Records Online

On July 20, 2016, the California Department of Industrial Relations (DIR) announced that the requirement for public works contractors and subcontractors to submit certified payroll records electronically using the DIR’s online system will resume on August 1, 2016. Information on the electronic certified payroll reporting system can be found here.

Read the DIR Press Release