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PREVIOUS Legislative Updates
HR Manager information is NOT legal advice. Consult an attorney
for all legal questions.
See most recent legislative updates.
EFFECTIVE NOVEMBER 27,
2004
FCRA Amendment
Fair and Accurate Credit Transactions
Act (FACT)
The Fair Credit Reporting Act (FCRA) has been amended with the signing of FACT
(Fair and Accurate Credit Transactions Act).
View
a summary of this law
EFFECTIVE JULY 1, 2004
SB 1661
Temporary Family Leave Salary Replacement
State program (similar to SDI benefits)
View a
summary of this law.
View more information at the following website:
http://www.leginfo.ca.gov/pub/01-02/bill/sen/sb_1651-1700/sb_1661_bill_20020926_chaptered.html
AB 749
Workers’ Compensation – Return to Work Program
This bill establishes a Return-to-Work Program in order to promote the early
and sustained return to work of the employee following a work-related injury
or illness.
View a
summary of this law.
View more information at the following website:
http://www.leginfo.ca.gov/pub/01-02/bill/asm/ab_0701-0750/ab_749_bill_20020219_chaptered.html
EFFECTIVE JANUARY 1, 2004
AB330
This law provides some exemption from the requirement to provide
a meal break of 30 minutes for employees working five or more hours
per day.
View a summary
of this law.
View more information at the following websites:
http://www.leginfo.ca.gov/pub/bill/asm/ab_0301-0350/ab_330_bill_20030811_chaptered.html
AB 1688
This legislation requires the car washing and polishing industry
to comply with specific record-keeping requirements concerning
employee wages, hours and working conditions.
View a summary
of this law.
View more information at the following websites:
http://www.leginfo.ca.gov/pub/bill/asm/ab_1651-1700/ab_1688_bill_20031011_chaptered.html
SB 179
Labor Contracts – Construction, Farm, Janitorial, Security
Guards
This legislation stipulates requirements for penalties for
contracts that do not anticipate sufficient funding to allow
for compliance with laws or regulations. The bill also includes
a description of a contract that can mitigate unknowingly entering
into an arrangement that is insufficiently funded.
View a summary
of this law.
View more information at the following websites:
http://www.leginfo.ca.gov/pub/bill/sen/sb_0151-0200/sb_179_bill_20031012_chaptered.html
SB 578
State Contractor – Sweatshop Labor Rules
This legislation will require contractors to state agencies
(and sub-contractrors) to comply with a lengthy list of employment
condition requirements. Several are very important to note – including
one that will invalidate at-will employment policies, one that
will make mandatory overtime a violation of the contract and
another that prohibits abusive language.
View a summary
of this law.
View more information at the following websites:
http://www.leginfo.ca.gov/pub/bill/sen/sb_0551-0600/sb_578_bill_20031009_chaptered.html
AB223
Employer Payment of Attorney Fees
Employers must pay a worker’s attorney fees and costs
even if the worker is awarded even one penny by the court.
View a summary
of this law.
View more information at the following websites:
http://www.leginfo.ca.gov/pub/bill/asm/ab_0201-0250/ab_223_bill_20030722_chaptered.html
AB196
Gender Identity Protected Class
This bill would expand the prohibition on sexual discrimination and harassment
by including gender, as defined, in the definition of sex.
View a summary of this
law.
View more information at the following website:
http://www.leginfo.ca.gov/pub/bill/asm/ab_0151-0200/ab_196_bill_20030802_chaptered.html
AB227 and SB 228
Workers’ Compensation Benefits
Caps number of visits for chiropractic and physical therapy visits. Also sets
prescription fee schedules, established medical treatment guidelines, and establishes
a partial disability benefit program. Implements medical care dispute guidelines
and new employee notification requirements. Requires employer utilization review
program and requires insurance carriers to examine an employers written Injury
and Illness Prevention Program prior to issuing an insurance policy.
View
a summary of these laws.
View more information at the following websites:
http://www.leginfo.ca.gov/pub/bill/asm/ab_0201-0250/ab_227_bill_20031001_chaptered.html (AB227)
http://www.leginfo.ca.gov/pub/bill/sen/sb_0201-0250/sb_228_bill_20031001_chaptered.html (SB228)
AB76
Sexual Harassment Liability
This bill includes employer liability for sexual harassment by non-employees
if the employer knows or should have known of the incident and fails to take
corrective action.
View a summary
of this law.
View more information at the following website:
http://www.leginfo.ca.gov/pub/bill/asm/ab_0051-0100/ab_76_bill_20031003_chaptered.html
AB478
Crime Victim Leave of Absence
This bill would require that an employer allow an employee who is a victim
of a crime, as defined, or certain persons who are related to a crime victim,
to be absent from work in order to attend judicial proceedings related to the
crime. The employer is prohibited discharging or in any manner discriminating
against an employee, in compensation or other terms, conditions, or privileges
of employment, (including, but not limited to the loss of seniority or precedence)
because the employee is absent from work in order to attend judicial proceedings
related to the crime, and would authorize the employee to file a complaint
with the Division of Labor Standards Enforcement.
View a
summary of this law.
View more information at the following website:
http://www.leginfo.ca.gov/pub/bill/sen/sb_0451-0500/sb_478_bill_20030930_chaptered.html
SB796
Labor Violation Penalties Payable to Employee
This bill would allow employees to collect civil penalties directly from the
employer for labor code violations.
View a
summary of this law.
View more information at the following website:
http://www.leginfo.ca.gov/pub/bill/sen/sb_0751-0800/sb_796_bill_20031012_chaptered.html
EFFECTIVE SEPTEMBER 1,
2003
AB1401
California COBRA
Extends COBRA coverage to 36 months for all employees and dependents.
View a summary
of this law.
View more information at the following website:
http://www.leginfo.ca.gov/pub/01-02/bill/asm/ab_1401-1450/ab_1401_bill_20020922_chaptered.html
EFFECTIVE JANUARY 1, 2003
AB1855 and SB900
Criminal Record Check
Employers with volunteer staff that cares for, transports, or
has supervisory or disciplinary powers over a minor or any person
under his or her care.
View a summary
of these laws.
View more information at the following websites:
http://www.leginfo.ca.gov/pub/01-02/bill/asm/ab_1851-1900/ab_1855_bill_20020927_chaptered.html (AB1855
Criminal Record Check)
http://www.leginfo.ca.gov/pub/01-02/bill/sen/sb_0851-0900/sb_900_bill_20020917_chaptered.html (SB900
Criminal Record Check)
AB 2957
California W.A.R.N. (Employers
with 75+ employees)
Advance notice required for intended layoff or plant closures.
View a summary
of this law.
View more information at the following website:
http://www.leginfo.ca.gov/pub/01-02/bill/asm/ab_2951-3000/ab_2957_bill_20020922_chaptered.html
AB1599
Age Discrimination in Employment Benefits
Amendment to the Fair Employment and Housing Act (FEHA)
Employee right to educational or training benefits.
View a summary
of this law.
View more information at the following website:
http://www.leginfo.ca.gov/pub/01-02/bill/asm/ab_1551-1600/ab_1599_bill_20020915_chaptered.html
AB2780
Security Firm Whistleblower (Private Patrol Operators)
Protection for applicable employees.
View a summary
of this law.
View more information at the following website:
http://www.leginfo.ca.gov/pub/01-02/bill/asm/ab_2751-2800/ab_2780_bill_20020926_chaptered.html
AB2596
Agricultural Mediation (Also SB1156)
Mediation procedures in the agricultural industry.
View a summary
of this law.
View more information at the following website:
http://www.leginfo.ca.gov/pub/01-02/bill/asm/ab_2551-2600/ab_2596_bill_20020930_chaptered.html
AB2412
Employee Access to Payroll Records
Clarification of access rights by employees to employer records.
View a summary
of this law.
View more information at the following website:
http://www.leginfo.ca.gov/pub/01-02/bill/asm/ab_2401-2450/ab_2412_bill_20020926_chaptered.html
AB2195
Leave for Victims of Sexual Assault
Leave for victims of sexual assault added to prior leave law for
victims of domestic abuse.
View a summary
of this law.
View more information at the following website:
http://www.leginfo.ca.gov/pub/01-02/bill/asm/ab_2151-2200/ab_2195_bill_20020826_chaptered.html
AB2837
Prosecution of CAL OSHA Violations
Prosecutions for failure to report serious injury or death.
View a summary
of this law.
View more information at the following website:
http://www.leginfo.ca.gov/pub/01-02/bill/asm/ab_2801-2850/ab_2837_bill_20020926_chaptered.html
AB2816
Licensed Contractor Temporary Staff Workers Compensation
Clarifies responsibilities of employer and staffing resource.
View a summary
of this law.
View more information at the following website:
http://www.leginfo.ca.gov/pub/01-02/bill/asm/ab_2801-2850/ab_2816_bill_20020929_chaptered.html
SB 1471
Sick Leave
Use of Sick Leave Benefits may not be used in adverse employment
decisions.
View a summary
of this law.
View more information at the following website:
http://www.leginfo.ca.gov/pub/01-02/bill/sen/sb_1451-1500/sb_1471_bill_20020929_chaptered.html
AB749
Worker’s Compensation
Effective 1/1/03 (Notification provisions)
Effective 7/1/04 (Other provisions)
Numerous changes including new requirement to distribute an election
form to new hires for pre-designation of a personal physician to
treat work-related injury or illness.
View a summary of this
law.
View more information at the following website:
http://www.leginfo.ca.gov/pub/01-02/bill/asm/ab_0701-0750/ab_749_bill_20020219_chaptered.html
EFFECTIVE IMMEDATELY
AB1068 and AB2868
Background Checks
In early 2002, significant changes were made to
required procedures for conducting credit checks, DMV reports
an other types
of background checks. These laws provide some clarification
for ambiguities
found in the prior laws.
View a summary of these laws.
View more information at the following websites:
http://www.leginfo.ca.gov/pub/01-02/bill/asm/ab_2851-2900/ab_2868_bill_20020928_chaptered.html (AB2868)
http://www.leginfo.ca.gov/pub/01-02/bill/asm/ab_1051-1100/ab_1068_bill_20020928_chaptered.html (AB1068)
AB1928
Prosecution for Gender-Related Violence or Intimidation
Personal
liability to managers and supervisors for violence or threats
of violence.
View a summary of this law.
View more information at the following website:
http://www.leginfo.ca.gov/pub/01-02/bill/asm/ab_1901-1950/ab_1928_bill_20020924_chaptered.html
AB2895
Employee Right to Discuss Working Conditions
Employers may no longer
require employees to refrain from discussing salary.
View a summary of this law.
View more information at the following website:
http://www.leginfo.ca.gov/pub/01-02/bill/asm/ab_2851-2900/ab_2895_bill_20020926_chaptered.html
SB
1818
Undocumented Worker Rights
Unauthorized individuals may have some
rights in the workplace.
View a summary of this law.
View more information at the following website:
http://www.leginfo.ca.gov/pub/01-02/bill/sen/sb_1801-1850/sb_1818_bill_20020929_chaptered.html
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