The legislature and the governor were particularly busy this year, enacting a number of new laws that will affect private employers in California in 2014. Here are some of the key changes.
AB 10, Minimum Wage
Starting July 1, 2014 the minimum wage in California will jump from $8 an hour to $9, with another jump to $10 planned for Jan. 1, 2016. This affects employers who pay minimum wage, but it also can affect overtime exemptions, which require a salary of at least two times the minimum wage. The minimum salary needed to classify an executive, administrative or professional employee as exempt will go from $33,280 to $37,440 on July 1, 2014.
AB 241 – Domestic Work Employees
In-home employees have been exempt from overtime but now will be entitled to time and a half after 9 hours in a day or 45 in a week. This includes caregivers for children, the sick and elderly and personal attendants who supervise, feed and dress those unable to do for themselves, as long as they don't spend more than 20% of their time on other work.
AB 442 gives the Labor Commissioner the right to assess liquidated damages for minimum wage violations, even before holding a hearing or bringing a court case; and AB 1386 gives the Labor Commissioner a lien on an employer's property once a wage claim award becomes final.
SB 400 extends protected leave for crime victims to include stalking in addition to domestic violence and sexual assault, and expands protected time off to include just about anything the victim needs time to do.
AB 263 and SB 666 permit the state to punish an employer for retaliating against an undocumented employee who asserts employment rights; and disbar a lawyer who threatens to report an undocumented worker or his/her relative because the worker has asserted any right related to employment, including serving as a witness on behalf of another.
AB 556 protects veterans from employment discrimination on the basis of military or veteran status, but permits an employer to ask military status in order to prefer veterans.
AB 11 expands "first responder" leave to allow employees of companies of 50 or more to take time off to engage in firefighting, law enforcement or rescue training.
SB 770 adds siblings, grandparents, grandchildren and in-laws to the Paid Family Leave Act as those for whom an employee can be paid for time off.
AB 218 will prohibit state agencies, after July 1, 2014, from asking job applicants their criminal history, with certain exceptions, but they may ask that question after determining that the applicant is qualified for the job.
SB 435 expands the one-hour premium pay for missed rest periods to include recovery periods occasioned by heat injury under CalOSHA rules.
AB 633 prohibits employers from ordering employees not to give voluntary help in an emergency. There's no duty to train employees and employees don't have to help, but if they choose to give CPR, for instance, the employer can't prohibit them from doing so.
Additional changes have come about in the last 6-12 months through appellate cases and regulations. To learn more, be sure to attend the Employment Law Update Workshop, which will be held from 8-9:30 a.m. on Tuesday, Dec. 10 at the Carlsbad Chamber of Commerce, 5934 Priestly Drive.
Storrow has practiced law for 25 years, nearly all of that time in Carlsbad focused on employment law. He can be reached at 760-929-9141 or [email protected]
AB 10, Minimum Wage
Starting July 1, 2014 the minimum wage in California will jump from $8 an hour to $9, with another jump to $10 planned for Jan. 1, 2016. This affects employers who pay minimum wage, but it also can affect overtime exemptions, which require a salary of at least two times the minimum wage. The minimum salary needed to classify an executive, administrative or professional employee as exempt will go from $33,280 to $37,440 on July 1, 2014.
AB 241 – Domestic Work Employees
In-home employees have been exempt from overtime but now will be entitled to time and a half after 9 hours in a day or 45 in a week. This includes caregivers for children, the sick and elderly and personal attendants who supervise, feed and dress those unable to do for themselves, as long as they don't spend more than 20% of their time on other work.
AB 442 gives the Labor Commissioner the right to assess liquidated damages for minimum wage violations, even before holding a hearing or bringing a court case; and AB 1386 gives the Labor Commissioner a lien on an employer's property once a wage claim award becomes final.
SB 400 extends protected leave for crime victims to include stalking in addition to domestic violence and sexual assault, and expands protected time off to include just about anything the victim needs time to do.
AB 263 and SB 666 permit the state to punish an employer for retaliating against an undocumented employee who asserts employment rights; and disbar a lawyer who threatens to report an undocumented worker or his/her relative because the worker has asserted any right related to employment, including serving as a witness on behalf of another.
AB 556 protects veterans from employment discrimination on the basis of military or veteran status, but permits an employer to ask military status in order to prefer veterans.
AB 11 expands "first responder" leave to allow employees of companies of 50 or more to take time off to engage in firefighting, law enforcement or rescue training.
SB 770 adds siblings, grandparents, grandchildren and in-laws to the Paid Family Leave Act as those for whom an employee can be paid for time off.
AB 218 will prohibit state agencies, after July 1, 2014, from asking job applicants their criminal history, with certain exceptions, but they may ask that question after determining that the applicant is qualified for the job.
SB 435 expands the one-hour premium pay for missed rest periods to include recovery periods occasioned by heat injury under CalOSHA rules.
AB 633 prohibits employers from ordering employees not to give voluntary help in an emergency. There's no duty to train employees and employees don't have to help, but if they choose to give CPR, for instance, the employer can't prohibit them from doing so.
Additional changes have come about in the last 6-12 months through appellate cases and regulations. To learn more, be sure to attend the Employment Law Update Workshop, which will be held from 8-9:30 a.m. on Tuesday, Dec. 10 at the Carlsbad Chamber of Commerce, 5934 Priestly Drive.
Storrow has practiced law for 25 years, nearly all of that time in Carlsbad focused on employment law. He can be reached at 760-929-9141 or [email protected]