Over a dozen new 2013 California labor laws were signed by Governor Jerry Brown at the conclusion of the legislative season on September 30, 2012. While some of these employment laws break new ground, most are extensions or expansions of existing legislation. They are effective on January 1, 2013. Below is a brief summary of many of the new bills signed into law by the Governor:
AB 2674 - Inspection of Employee Files. Under this expansion of the existing law, both current and former employees must be granted access to their employee files, employers must develop and provide written request forms upon the verbal request of an employee to view their files, and employers must provide copies to the employee within 30 days of the request, or face a penalty.
AB-2675- Employment Contract Requirements. The current law requires that whenever an employer enters into an employment contract with an employee that includes the payment of commissions, the contract must be in writing and specify the method by which the commissions are to be computed and paid. AB-2675 exempts temporary commission payments that increase but do not decrease, from this requirement.
SB 1193 - Human Trafficking. This bill will require specified employers to post a notice that contains information related to slavery and human trafficking in a conspicuous area, readily visible to employees and the public.
SB 1255 - Itemized Wage Statements. In addition to the information that is already required to be included on pay stubs, this new law requires that itemized wage statements issued by temporary staffing firms must include the rate of pay and total hours worked for each temp assignment.
AB 1845- Unemployment insurance: Overpayment and Penalties. This bill allows the Employment Development Department (EDD) to deny reimbursements to employers who erroneously overpay unemployment insurance into their reserve accounts, if these payments were made based on an employer's failure to respond to or provide accurate information to the EDD.
AB 2370 & SB 1381 - Intellectual Disabilities. The term "Intellectual disability" will replace the outdated term "mental retardation" in statutes and regulations that contain this term.
SB 1038 - FEHC Duties Transferred to DFEH. This bill eliminates the California Fair Employment and Housing Commission (FEHC) and transfers the administrative hearing process and civil actions filed on behalf of a complainant directly to the Department of Fair Employment and Housing (DFEH). The biggest change is that the DFEH will now be able to bring complaints directly to court and require mandatory dispute resolution.
Contact CPEhr if you require assistance in understanding or implementing any of these new 2013 California labor laws into your workplace.
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Ari Rosenstein is the Director of Marketing at CPEhr, a California human resources firm, specializing in labor law compliance and PEO services. It currently services 15,000 employees and hundreds of clients nationwide.
CPEhr was founded in 1982 and assists small employers with the management of their employees and compliance with employment regulations. CPEhr provides a range of employment support services, such as the management of Human Resources administration, providing legislative compliance consulting, management training and recruiting services.
Additionally, CPEhr provides a range of insurance packages which include a comprehensive array of employee benefit packages, Workers' Compensation Insurance (including safety consulting support), and Payroll and Tax Administration.
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