(December 14, 2010) The California Chamber of Commerce yesterday released a list of new employment laws scheduled to take effect in 2011 or earlier that will have an impact on businesses in California.
CalChamber provides the information and tools businesses needs to stay compliant with state and federal employment law. Among the training materials currently available is CalChamber’s HR 201: Labor Law Update seminar, which is available for purchase at www.calchamberstore.com/hr201.
In addition, the CalChamber is warning employers that their 2010 California and federal notices poster and certain pamphlets are no longer current. Employers can order the 2011 Required Notices Kit—all 16 state and federal required employee notices on one space saving poster, plus all five required employee pamphlets, updated as necessary for 2011 in packs of 20. For more information, visit www.calchamberstore.com/kit.
The following is a list of new laws that have recently gone into effect or will take effect in 2011:
Workers' Compensation Notice Requirements
The posting and notice requirements were amended in 2010 to require additional information about Managed Professional Networks (MPNs). Employers with MPNs that provide treatment for workers' compensation claims must display the required workers' compensation poster (Notice to Employees - Injuries Caused by Work) as well as additional information about the MPN(s) the employer uses. The workers' compensation pamphlet must also include information about MPNs.
For more information read CalChamber's Q&A document explaining the posting and pamphlet requirements.
Workers' Compensation for Roofing Contractors
AB 2305 extends the requirement that contractors with a C-39 roofing classification obtain and maintain workers' compensation insurance, even if they have no employees. This requirement was set to expire on January 1, 2011, and is now extended until January 1, 2013. Additionally, after January 1, 2011, any active license will be suspended if the C-39 roofing classification was removed and the licensee is found to have employees and lack a valid certificate of workers' compensation insurance.
Workers' Compensation Stop Orders
SB 1254 authorizes the registrar of contractors to issue a stop order (effective immediately on service of the order) to any contractor (licensed or unlicensed) who failed to secure workers' compensation coverage for his/her employees. Additionally, employees affected by the work stoppage must be paid by the employer for lost time, up to 10 days, while the employer seeks to comply with the law.
Failure to observe the stop order is punishable by a misdemeanor (up to 60 days in county jail) and/or a fine of up to $10,000. The legislation also implements a means by which the employer may protest the stop order and request a hearing on the matter.
Organ and Bone Marrow Donor Leave
California employers with 15 or more employees must now provide the following paid leaves to employees who choose to donate organs or bone marrow:
- Organ donors — must be provided a 30-day (workdays) leave of absence in any one-year period
- Bone marrow donors - must be provided a leave of absence up to five workdays in any one-year period
The statute says that such leave does not run concurrently with the Family and Medical Leave Act (FMLA). However, state law cannot override federal law. Therefore, leave for the purpose of donating bone marrow or an organ may run concurrently with FMLA if the employer is a covered employer and the employee is eligible for FMLA.
Heat Illness Regulations Revised
A revised heat illness standard went into effect November 4, 2010. In addition to revisions related to shade and other safety precautions, the new standard includes changes to training requirements for both supervisory and nonsupervisory employees. Such training is now required to be given before employees begin work that "should reasonably be anticipated to result in exposure to the risk of heat illness."
GINA Regulations Finalized
The U.S. Equal Employment Opportunity Commission (EEOC) issued final regulations on November 9 that implement the employment provisions (Title II) of the Genetic Information Nondiscrimination Act of 2008 (GINA). GINA prohibits use of genetic information to make decisions about health insurance and employment, and restricts the acquisition and disclosure of genetic information. GINA applies to private employers with 15 or more employees and generally prohibits employers from requesting an applicant's or employee's genetic information, even if the employer never uses that information.
Wage Claim Appeal — Bond Requirement
According to AB 2772, an employer filing an unpaid wage claim appeal must post a bond with the court, in the amount of the judgment rendered in the administrative hearing. Employers must also provide written notification to the other parties and the Labor Commissioner of the bond posting.
AB 569 — Exemptions to Meal Breaks
This new law exempts construction workers, commercial drivers, certain security officers and employees of electrical and gas corporations or local publicly owned electric utilities from California's meal break requirements if those employees are covered by a valid collective bargaining agreement containing specified terms, including meal period provisions.
Investigating Serious Safety Violations
A revision to the California Labor Code establishes new procedures and standards for an investigation of a serious violation in the workplace and establishes a rebuttable presumption as to when a serious violation has been committed by an employer.
Under previous law, a serious violation was "deemed to exist if there was a substantial probability that death or serious physical harm could result from a violation." The change creates a "rebuttable presumption that a serious violation exists if Cal/OSHA demonstrates that there is a realistic possibility that death or serious physical harm could result from the actual hazard created by the violation."
Health Clubs and Defibrillators
Under current law, health clubs must acquire an automatic external defibrillator and meet specific training and maintenance standards. Under current law, when a health club uses an automatic external defibrillator, the owners, managers, employees or others are not liable for civil damages resulting from an act of omission in the course of rendering emergency care/treatment.
The new law eliminates that exemption if health club members have access to the facility during hours that trained employees are not in the facility. For facilities larger than 6,000 square feet, members must be denied access to the facility if a trained employee is not present.
Death Benefits for Minor Children
AB 1696 permits continuation of death benefits until the youngest child reaches 19 years of age if:
- The child is still attending high school
- The child is receiving the death benefits as a child of an active member of a police or fire department of a public or municipal entity or political subdivision killed in the performance of duty
The benefit continuation does not apply to a child of an employee whose principal duties are clerical or otherwise do not fall within the scope of active law enforcement or active firefighting services.
Providing Access for Persons with Disabilities
On July 23, 2010, Attorney General Eric Holder signed final regulations revising the Justice Department's Americans with Disabilities Act regulations, including the ADA Standards for Accessible Design. The official text was published in the Federal Register on September 15, 2010.
San Francisco Ordinance — Minimum Wage
The San Francisco 2011 city minimum wage will increase to $9.92 per hour, effective January 1, 2011. The ordinance requires a poster that must be displayed in each workplace in English, Spanish, Chinese and any other language spoken by at least five percent of the workforce. The poster is updated annually by the San Francisco Office of Labor Standards Enforcement. The ordinance further provides that a notice containing the employer's name, address and telephone number must also be given to every employee at the time of hire.
San Francisco Health Care Security Ordinance
An employee who is a manager, supervisor or confidential employee who earns at or above an annual salary of $81,450 (or $39.16/hour) in 2011 is exempt from coverage under the San Francisco Health Care Security Ordinance.