Health Insurance Continuation for Pregnancy Disability Leave: SB 299

Employers with 5 or more employees must provide Pregnancy Disability Leave (PDL) of up to 88 working days (4 months) for employees. Until now, unless those employees were also covered by Family Medical Leave (which applies to employers with 50 or more employees), there was no requirement to continue and pay for their health insurance benefits during the PDL. Effective January 1, though, the law changes. All employers with 5 or more employees will now be required to continue and pay for health coverage under their group health plan for an eligible female employee who takes PDL (if covered under the employer's group plan at time of leave). The coverage will extend for the length of the PDL, up to 88 working days during a 12-month period commencing on the date the leave begins.

If an employer provides benefits for other disabilities for a length of time greater than 88 working days or 4 months, they are required to provide benefits for pregnancy leave to the same extent and for the same length of time.

Notice of Pay Details:  AB 469

When you hire non-exempt (hourly) employees, you are now required to provide them with a written notice that includes: 

• The rate of pay and whether they are paid hourly, salary, piece rate, commission, etc., and include the overtime rate.
• Any allowances, if any, claims as part of the minimum wage, i.e. meals and lodging.
• The regular pay day designated by your company.
• The name of the employer including any "doing business as" names.
• The physical address of the employer's main office or principal place of business and any mailing address, if different.
• The telephone number of the employer.
• The name, address and telephone number of the employer's workers' compensation carrier.  

Should any of the information in the initial notice to the employee change, the employer must provide the specific changes to the employee within seven (7) calendar days unless these changes are reflected on a timely wage statement or other writing required by law.

The Labor Commissioner will provide a template for employers to use (and we will make sure you get a copy).  And, the Labor Commissioner can require that additional information be included in that written notice.

Commission Agreements:  AB 1396

Effective January 1, 2013, if you have employees who are paid by commissions, you are required to have a written contract stating how the commissions will be paid and calculated.  And, the employee must receive a copy of the contract.
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Gender Expression:  AB 887

This Bill amends the Fair Employment and Housing Act (FEHA) to include gender identity and "gender expression".  This means that employers must make it clear that discrimination on either basis is prohibited, and employees must now be allowed to dress consistently with both the employee's gender identity and gender expression.  The definition of "gender expression" is "a person's gender-related appearance and behavior whether or not stereotypically associated with the person's assigned sex or birth."

State and Federal Contracts - Minimum Wage Violations:  AB 551

The maximum penalty for contractors and subcontractors under certain state and federal contracts has increased from $50 to $200 per calendar day for each worker paid less than the determined prevailing wage.  The minimum penalty is also increased from $10 to $40 per day for violations of prevailing wage obligations.  In addition, the penalty for failing to respond to a written request for payroll records within 10 days has increased from $25 to $100 per calendar day, per worker

 
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Minimum Wage Violations - Administrative Penalties:  AB 240 

Effective January 1, the Labor Commissioner can now award liquidated damages in an amount equal to twice the wages unlawfully unpaid, plus interest.  Under existing law, liquidated damages could be awarded in any complaint before a civil court only.