CEAC LEGISLATIVE UPDATE
This is the third update of 2014. This is the list of bills introduced, still active, or voted down since January 1, 2014. If you know of legislation I missed please let me know.
You may download copies of these bills from www.leginfo.ca.gov, or contact me. If you need assistance let me know. Please do not rely on this report as legal advice, because it isn’t. If you need more detailed information, you should contact your local attorney, or give me a call.
California Supreme Court to Rule on Suitable Seating
Most, if not all, of the IWC wage orders contain the following:
(A) All working employees shall be provided with suitable seats when the nature of the work reasonably permits the use of seats.
The Federal 9th Circuit Court of Appeals has sent a case to the California Supreme Court asking the Court to interpret what is meant by “…the nature of the work reasonably permits the use of seats”.
Until we get more guidance from the Court, employers should take a look at their current practices and ensure, to the best of their knowledge, that they are compliant with this requirement.
New Bills for 2014
SB 935: Minimum Wage. AB 10 has not yet gone into effect and we have a new minimum wage bill.
This bill would increase minimum wage as follows:
1/1/15 $11/hr; 1/1/16 $12/hr; 1/1/17 $13/hr; Future increases based on CPI.
Senate Appropriations Suspense File, 4/7/14. No action pending.
AB 1522: Sick Leave: Would require employers to provide paid sick leave at the rate of 1 hour for every 30 hours worked.
Maximum of 24 hours can be taken in one year.
Senate Appropriations Suspense File, 4/30/14. No action pending.
AB 1562: CFRA eligibility: Changes definition of minimum hours needed by private school employees to be eligible for CFRA.
Assembly Appropriations Committee, 4/9/14. No action pending.
AB 2030: Amends Family School Partnership Leave, Labor Code section 230.8.
That leave allow employees to take up to 8 hours a month, maximum of 40 hours a year to participate in school activities with their child.
Currently that leave is unpaid or the employee may use vacation.
This bill would require employers to pay for such leave. Hearing scheduled for 4/23 cancelled at request of author. No action pending.
AB 2053: Harassment Training.
Requires that mandatory harassment prevention training for employers with more than 50 employees include prevention of “abusive conduct”.
Third reading in Assembly on 5/12/14. If passes sent to Senate.
AB 2416: Originally expressed the intent of the Legislature to establish procedures that would allow employees or former employees to file liens against an employer’s property when pursuing an employment claim.
Amended 3/28/14 to include such procedures. Includes a provision that would allow employer to seek release of a lien.
In Assembly Appropriations, hearing 5/14/14.
Bills carried over from 2013
SB 404: "Familia Status" added as protected class under FEHA. Similar legislation has been introduced before."Familial status" means an individual who provides medical or supervisory care to a family member.
" Family member includes spouse, child, registered domestic partner, parent, parent-in-law,siblings, grandparents and grandchildren.
No action this year.