Many of you have already learned about the new mandatory sick leave law that will take effect in California in July of next year (see article in the October issue of the CBJ), but there are a number of other new laws employers should know about, that will take effect in the coming months.
AB 1443, Harassment
As of Jan. 1, 2015, "unpaid interns" will be added to the list of people protected from workplace harassment under the Fair Employment & Housing Act. I don't know how many of you have been harassing your unpaid interns, but just know that it has to stop as of January. More important, this is a reminder that anyone who complains about harassment, including those working as unpaid interns, are protected against retaliation. That's why it's important to document performance issues when terminating any employee, even in an "at will" state.
AB 2053, Harassment Training
Employers already have to train supervisors and managers to avoid and correct workplace harassment. As of January, that training will have to include "Prevention of Abusive Conduct", the state's first anti-bullying provision. While it doesn't make "bullying" illegal, it sets the stage for future legislation on that topic.
"Abusive Conduct" is defined as "conduct of an employer or employee in the workplace, with malice, that a reasonable person would find hostile, offensive, and unrelated to an employer's legitimate business interests." I'm sure judges will be asked to interpret this language in the near future to determine what is abusive and what is merely annoying. But this is a wake-up call to employers who rely on intimidation as a management style.
AB 1897, Hiring Temps Through An Agency
Companies of 25 or more who hire 5 or more temps may have joint liability for their wages and workers compensation coverage. Starting in January, a new Labor Code section (2810.3) will give temporary workers one more target to sue if they don't get paid by an agency. This is a good reason to make sure the temp agency you use is reputable.
SB 477, Foreign Labor Contractors
Starting July 1, 2016, companies that arrange for foreign workers to come to California will have to register with the Labor Commissioner. Companies that use an unregistered agency to hire those workers could be liable for wage violations, along with other rules that must be followed.
AB 1660, Undocumented Drivers License
California will soon issue driver's licenses to some folks who can't prove they're here legally. As an employer, you won't be able to discriminate against someone because of that special driver's license. What's that you say? The employee has to be here legally for you to hire him? True, and the new law permits you to comply with federal immigration law without violating this one. Just make sure you let the employee decide what forms of ID to present to show eligibility to work.
AB 1634, Workplace Safety
Employers accused of workplace safety violations under CalOSHA have a right to appeal and ask for modifications or delays in making the fix. But from January forward, before you can ask for that kind of relief, you'll have to fix the problem, if it's considered a serious violation.
Federal OSHA Regulation Change
As of January, 2015, employers of more than 10 will have new short deadlines for reporting certain serious injuries. 29 CFR part 1904 covers things like hospitalizations, fatalities, loss of an eye, and amputations. Most of these will have to be reported to OSHA within 24 hours, fatalities within 8 hours. OSHA is setting up a web portal for this specific purpose.
The Chamber of Commerce will hold a legal update in the coming months, to talk about these and other developments. Stay tuned!
Lou Storrow can be reached at [email protected]
AB 1443, Harassment
As of Jan. 1, 2015, "unpaid interns" will be added to the list of people protected from workplace harassment under the Fair Employment & Housing Act. I don't know how many of you have been harassing your unpaid interns, but just know that it has to stop as of January. More important, this is a reminder that anyone who complains about harassment, including those working as unpaid interns, are protected against retaliation. That's why it's important to document performance issues when terminating any employee, even in an "at will" state.
AB 2053, Harassment Training
Employers already have to train supervisors and managers to avoid and correct workplace harassment. As of January, that training will have to include "Prevention of Abusive Conduct", the state's first anti-bullying provision. While it doesn't make "bullying" illegal, it sets the stage for future legislation on that topic.
"Abusive Conduct" is defined as "conduct of an employer or employee in the workplace, with malice, that a reasonable person would find hostile, offensive, and unrelated to an employer's legitimate business interests." I'm sure judges will be asked to interpret this language in the near future to determine what is abusive and what is merely annoying. But this is a wake-up call to employers who rely on intimidation as a management style.
AB 1897, Hiring Temps Through An Agency
Companies of 25 or more who hire 5 or more temps may have joint liability for their wages and workers compensation coverage. Starting in January, a new Labor Code section (2810.3) will give temporary workers one more target to sue if they don't get paid by an agency. This is a good reason to make sure the temp agency you use is reputable.
SB 477, Foreign Labor Contractors
Starting July 1, 2016, companies that arrange for foreign workers to come to California will have to register with the Labor Commissioner. Companies that use an unregistered agency to hire those workers could be liable for wage violations, along with other rules that must be followed.
AB 1660, Undocumented Drivers License
California will soon issue driver's licenses to some folks who can't prove they're here legally. As an employer, you won't be able to discriminate against someone because of that special driver's license. What's that you say? The employee has to be here legally for you to hire him? True, and the new law permits you to comply with federal immigration law without violating this one. Just make sure you let the employee decide what forms of ID to present to show eligibility to work.
AB 1634, Workplace Safety
Employers accused of workplace safety violations under CalOSHA have a right to appeal and ask for modifications or delays in making the fix. But from January forward, before you can ask for that kind of relief, you'll have to fix the problem, if it's considered a serious violation.
Federal OSHA Regulation Change
As of January, 2015, employers of more than 10 will have new short deadlines for reporting certain serious injuries. 29 CFR part 1904 covers things like hospitalizations, fatalities, loss of an eye, and amputations. Most of these will have to be reported to OSHA within 24 hours, fatalities within 8 hours. OSHA is setting up a web portal for this specific purpose.
The Chamber of Commerce will hold a legal update in the coming months, to talk about these and other developments. Stay tuned!
Lou Storrow can be reached at [email protected]