Every year California seems to be deluged with new employment-related laws and 2015 will be no different. In addition to changes to minimum wage laws, here are some of the more significant changes that will require employers to update their hiring practices
and Employment Manuals:
1. Employers Cannot Discriminate Against Those Without A California License
Employers are prohibited from discriminating against applicants and employees without valid California driver’s licenses and new California law permits issuance of driver’s licenses irrespective of immigration status. New laws make it a Fair Employment and Housing Act (FEHA) violation for an employer to discriminate against anyone without a license and now specify that discrimination based on national origin includes discrimination based on having a driver’s license. As a practical matter this means employers cannot require a valid California driver’s license or discriminate against applicants and employees who have alternative driver’s licenses.
2. Remedies And Grounds for Retaliation Claims Expanded
Laws that forbid retaliation against an employee or applicant for engaging in protected conduct now require a $10,000 penalty be awarded to the employee(s) who suffer a violation; define unfair immigration-related practice to include threatening to file or filing a false report/complaint with any state or federal agency; and prohibit employers from discriminating, retaliating, or taking any adverse action against an employee for updating personal information based on a lawful name change, social security
number, or federal employment authorization document.
3. Mandatory Paid Sick Leave Starts July 15, 2015
Under the Healthy Workplaces Healthy Families Act of 2014, effective July 1, 2015, all California employers must permit employees who have worked 30 or more days in California within a year of their employment to accrue paid sick leave. There is no exemption for small employers or part-time and temporary employees. Paid sick days must accrue at a rate of one hour for every 30 hours worked, but may be capped at 48 hours (or six 8-hour work days). Accrued but unused sick days must carry over into the following year (subject to the 48 hour/six day accrual cap). Employees are not entitled to be paid for accrued but unused sick days on termination of employment, but must have unused sick leave reinstated if rehired within one year.
Employers must provide written notice of employees’ available paid sick leave; document and retain for at least three years records of employee paid sick leave usage and accrual; and provide new employees notice of entitlement to paid sick leave and the right to file a complaint for violations, and post a workplace notice from the Labor Commissioner on the Act.
The posting and notice requirements became effective January 1, 2015. There is also a rebuttable presumption of unlawful retaliation for any adverse employment action occurring within 30 days of an employee engaging in certain protected activity under the Act.
Employers with existing sick leave or paid time off policies are not required to provide additional leave, if their existing policies: (1) already comply with the law’s accrual, usage, and carry over requirements; and (2) provide no less than 24 hours of paid sick leave annually.
It is imperative employers update their sick leave and record-retention policies (including their employee handbooks) to ensure compliance with the Act.
4. Rest Break Compensation
Legally mandated rest or recovery periods must now be counted as hours worked without a deduction from wages.
The information presented is not intended to be, and does not constitute, “legal advice.” Because each situation varies, and only brief summary information is provided here, you should not use this information as a basis for action unless you have independently verified with your own counsel that it applies to your particular situation.
