The California legislature proposed a number of new labor and employment laws in 2009. However, most of them were vetoed or stalled in committee.
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California Labor Legislation Fizzles
in 2009
By Christopher W. Olmsted
The California legislature proposed a number of new labor and employment laws in 2009. However, as the politicians battled through a major budget meltdown, the bills either stalled in committee or were vetoed by the governor. Below is a summary of the more significant ones.
AB 793 California Ledbetter
On January 29th President Obama signed the Lilly Ledbetter Fair Pay Act of 2009 into law. As reported here (http://www.barkerolmsted.com/news/legal-updates/newsletter0104.php), the federal legislation reversed a U.S. Supreme Court case titled Ledbetter v. Goodyear Tire & Rubber Co., Inc. by allowing employees to sue at the time of an alleged discriminatory pay practice, or at any time thereafter if the employee is affected by that compensation decision. The Supreme Court had ruled that the employee only had 180 days after the initial pay decision to sue.
Not to be outdone, California legislators introduced AB 793, a Golden State version of the Ledbetter Act. Vetoed October 11, 2009.
AB 527 Payroll Records
In unpaid wage disputes before the Labor Commissioner, any one intentionally falsified payroll record would create a presumption that all payroll records in the pay period are false. Vetoed October 11, 2009.
AB 842 California WARN Act
This bill would expand the advance notice employers must give for mass layoffs from 60 to 90 days, and require the employer to provide various additional information to laid off workers. Legislation is stalled.
SB 242 Restrictions On English Only Rules
Under the California Fair Employment Housing Act, it is unlawful for an employer to adopt or enforce a policy that prohibits the use of any language in the workplace, except if that policy is justified by business necessity, and prescribed notice of the policy and consequences for violation of the policy is given to employees. This legislation would have added similar provisions to the California Unruh Act and expand available remedies. Vetoed October 11, 2009.
AB 943. Credit reports
This bill would forbid employers from conducting credit check on employees unless “substantially job-related,” meaning that the position of the person for whom the report is sought has access to money, other assets, or confidential information, or is a manager. Vetoed October 11, 2009.
AB 1000 Mandatory Sick Pay
A bill that would have required employers to pay employees for sick days stalled in committee.
AB 1001 Expands FEHA
This bill would have expanded FEHA to add familial status, such as single parents, as a protected class. It would also have expanded CFRA eligibility to care for a parent, a grandparent, and a parent-in-law. Legislation stalled.
AB 335 Employment Contracts
This bill would have invalidated provisions in employment contracts or personnel handbooks stating that another state’s employment laws applied to any employment disputes, or that disputes would be heard in another state. Vetoed October 11, 2009. (Note: this doesn’t mean that such contractual terms will be enforceable in Califoria.)
AB 1421 Pay For Commuting
This bill would have required employers who provide transportation to the worksite to pay for time spent commuting from the parking lot to the workstation. Legislation stalled.
SB 287, SB 380, SB 807 Meal Period Clarification
These bills would have helped employers. They sought to clarify the rules regarding: the latest point in a shift for a meal period; time limits for recovering penalties; on-duty meal period agreements; waiver of meal periods. The bills all stalled.
Related Articles
New California Laws January 2009
Download entire November 2009 Legal Update in PDF format.
This article is intended as a brief overview of the law and are not intended to substitute as legal advice. Any questions or concerns regarding any statute or case law should be addressed to a licensed attorney. Copyright © 2009 by Barker Olmsted & Barnier, APLC. San Diego, California. All rights reserved.
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