New California Labor Laws for 2015 – Employee Rights

A new year means a slew of new workplace laws.  The California Legislature enacted a number of new bills that become effective in 2015. These new California work laws cover a wide range of employee rights in California, including leaves of absences, discrimination, and California wage and hour issues.

Below is a brief overview of seven of the most notable new California labor laws affecting businesses in the Golden State in 2015. They include:

Wage/Hour

Expanded liability for staffing agencies’ wage/hour violations – AB 1897

This bill makes businesses directly liable to workers supplied by labor contractors (including temporary and other staffing agencies) when those labor contractors fail to correctly and completely pay wages or fail to provide workers’ compensation insurance coverage.

Rest and recovery periods to prevent heat-related illness are paid breaks – SB 1360
Health and safety laws require the provision of paid “recovery periods” to employees in outdoor occupations in certain situations, to prevent heat-related illness. This bill clarifies that “recovery periods” are paid breaks and count as hours worked.

Discrimination

Discrimination against employees with undocumented drivers’ license – AB 1660

Existing law requires the Department of Motor Vehicles (DMV) to issue a driver license to otherwise qualified California residents even if they are unable to submit proof that their presence in the United States is authorized under federal law. This bill amends the California Fair Employment and Housing Act (“FEHA”) to make it illegal for an employer to discriminate against individuals because they hold or present such a driver’s license.

Expansion of “unfair immigration-related practices” and clarification of discrimination – AB 2751
This bill expands the definition of an “unfair immigration-related practice” to include threatening to file or filing a false report or complaint with any state or federal agency. Current law extends the protection only to reports filed with the police. The bill also clarifies that an employer can’t discriminate or retaliate against an employee who updates his or her personal information “based on a lawful change of name, social security number, or federal employment authorization document.”

Abusive conduct prevention training – AB 2053
Employers subject to the mandatory sexual harassment prevention training requirement for supervisors must now include in the training prevention of “abusive conduct.” 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.

Leaves of Absence

Paid sick leave – SB 288

The Healthy Workplaces, Healthy Families Act of 2014 requires employers to provide three paid days of sick leave to all exempt and non-exempt employees (including full-time, part-time, temporary and seasonal employees) who work in California for at least 30 days. The law will become effective on July 1, 2015.

Expansion of emergency personnel leave – AB 2536
This bill expands the list of employees eligible for protected time off for emergency duty to include an officer, employee, or member of a disaster medical response entity sponsored or requested by the State. It also requires employees who are health care providers to notify their employer at the time they become designated as emergency rescue personnel and when they are notified that they will be deployed as a result of that designation.

Join a Free Unpaid Overtime, Wage & Hour Class Action Lawsuit Investigation

Employers that violate state and federal labor laws may owe employees compensation for unpaid overtime, unpaid wages, and other types of damages. If you were forced to work off the clock or without overtime pay in California within the past 2 to 3 years, you have rights – and you don’t have to take on the company alone.

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