Governor Brown signed AB 1396, which requires that as of January 1, 2013, a commission agreement for services to be provided in California must be in writing. The writing must set forth the method by which the commissions are to be computed and paid. An employer is required to give a signed copy of the contract to the employee and obtain a signed receipt for the contract from the employee. TIP: Although the AB 1396 does not go into effect until 2013, it is a good practice for employers to enter into a commission-based agreement in writing to ensure that each party clearly understands how commissions will be computed and paid. If you have any questions regarding this or any of the new California laws that were recently passed, feel free to contact us or call 949.529.0007.
We continue on our review of the new California laws that go into effect on January 1, 2011. The bill of the day is SB 299. As of January 1, 2012, employers will be required to continue group health coverage for up to 4 months for female employees who take pregnancy disability leave (maternity leave). Currently, employers are only required to provide group coverage for up to 12 weeks while employees are on pregnancy leave. The federal Family and Medical Leave Act (“FMLA”) and the California Family Rights Act (“CFRA”) require employers to allow female employees to take up to 4 months of unpaid maternity leave for a “pregnancy-related condition.” The pregnancy disability leave is in addition to the 12 weeks of “maternity leave” which is allowed for parental bonding. With the new law, employers must continue the healthcare benefits of an employee on leave for pregnancy disability for up to 4 months on the same terms and conditions as before the pregnancy leave. For example, if the arrangement was for a 50/50 split on the premium, that arrangement must continue … Continue reading
AB 469, which is titled the “Wage Theft Prevention Act” is aimed at ensuring the collection on judgments against employers for violations of wage laws. Increased Exposure for Employers Who Violate Wage Statutes 1. The new law will make it a misdemeanor if an employer willfully violates specified wage statutes or orders, or willfully fails to pay a final court judgment or final order of the Labor Commissioner for wages due. 2. The new law will extend the time limit for the Division of Labor Standards Enforcement to commence a collection of a statutory penalty or fee against an employer from 1 year to 3 years after the penalty or fee became final. 3. The new law will extend the time required for an employer who has been convicted of a subsequent wage violation or who has failed to satisfy a judgment to maintain a bond for 2 years (up from 6 months). The bond is necessary in order for the business to continue operating. New Wage Notice Requirement Additionally, this new law will require an employer to provide each … Continue reading
The recent deadline for California Governor Jerry Brown to pass or veto the bills on his desk resulted in a long list of new laws passed in California. Like we don’t have enough right? In an effort to share the legal updates without totally overwhelming you, I will try to post one new law a day for the next week or two so check back daily. We’ll start with requesting an employee credit report today. Assembly Bill 22 prohibits an employer or prospective employer, with the exception of certain financial institutions, from obtaining a consumer credit report for employment purposes unless the position of the person for whom the report is sought is: (1) a position in the state Department of Justice, (2) a managerial position, (3) a sworn peace officer or other law enforcement position, (4) a position for which the information contained in the report is required by law to be disclosed or obtained, (5) a position that involves regular access to specified personal information for any purpose other than the routine solicitation and processing of credit card … Continue reading
The effective date of National Labor Relations Board‘s (NLRB) new requirement that employers post a notice of employees’ right to unionize has been extended to January 31, 2012, instead of the original November 14, 2011 date. The NLRB states that the postponement was to “allow for enhanced education and outreach to employers, particularly those who operate small and medium sized businesses.” The new requirement has met with much resistance from the business community which fears that the posting requirement will promote unionization among employees.
Last week, California’s Governor Jerry Brown passed SB 559, which amends the Unruh Civil Rights Act and the Fair Employment and Housing Act to include “genetic Information” as an impermissible basis of discrimination. “Genetic information” is defined by the law as any of the following information regarding an individual: (i) The individual’s genetic tests. (ii) The genetic tests of family members of the individual. (iii) The manifestation of a disease or disorder in family members of the individual. (iv) any request for, or receipt of, genetic services, or participation in clinical research that includes genetic services, by an individual or any family member of the individual. However, an individual’s age or sex is not considered “genetic information.” But we already know that you can’t discriminate on the basis of age or sex. Some of us may ask, who goes around asking employees for their “genetic information” any way? SB 559’s declarations noted that this form of discrimination was evident in the 1970s, which saw the advent of programs to screen and identify carriers of sickle cell anemia, a disease that afflicts African Americans. This … Continue reading
The National Labor Relations Board has issued a Final Rule requiring most private-sector employers to post a notice to employees of their rights under the National Labor Relations Act (NLRA). Here is a quick Q&A for employers. Who has to post this new notice? All private-sector employers (including labor unions) subject to the National Labor Relations Act. The new notice requirement does not apply to agricultural, railroad and airline employers or the U.S. Postal Service for the time being. What does the notice say? Under the NLRA, you have the right to: Organize a union to negotiate with your employer concerning your wages, hours, and other terms and conditions of employment. Form, join or assist a union. Bargain collectively through representatives of employees’ own choosing for a contract with your employer setting your wages, benefits, hours, and other working conditions. Discuss your wages and benefits and other terms and conditions of employment or union organizing with your co-workers or a union. Take action with one or more co-workers to improve your working conditions by, among other means, raising work-related complaints … Continue reading