2012 california employment laws


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New California Employment laws that effective in 2012.

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2012 california employment laws

  1. 1. New 2012 California Employment LawsIn the final months of 2011,California Governor Jerry Brown signed 22 new employment-related bills into law. Most became effective on January 1, 2012. While a complete list of allthe 2012 California HR updatesis beyond the scope of this article, we highlight seven of themost important ones below. These laws directly impact employers in the state of Californiaand we highly recommend you familiarize yourself with them, or contact CPEhr to assist you.SB-459: Worker Misclassification Act.SB-459 is designed to crack down on the misclassification of employees as independentcontractors. It also dramatically increases the penalties on employers who have been found tohave willfully misclassified employees. The new law also extends to “non-lawyer advisers” whoknowingly counseled employers to engage in the misclassification.AB-887: The Gender Nondiscrimination Act.This law amends Californias existing anti-discrimination laws as detailed in the FairEmployment and Housing Act. It defines both "gender identity" and "gender expression" astheir own protected classes. The current law only uses the term “gender identity”.AB-469: Notice of Pay Details.Effective January 1, 2012, Labor Code Section 2810.5 requires California employers to provideall non-exempt hires with a written notice that contains additional employment information.This information includes rate of pay, paydays, name of employer, including address andphone number, and workers’ compensation insurance information.AB-22: Prohibition on Use of Credit Reports in Employment.This new legislation prohibits employers from using an employee’s credit history in makingmost employment decisions. This also applies to applicants interviewing for a job. Prior to thepassing of the law,employers were permitted to request a credit report for employment orbusiness purposes. The new bill significantly limits the occasions for which an employer mayuse a credit report.9000 Sunset Blvd, Suite 900, West Hollywood, CA 90069www.cpehr.com| info@cpehr.com | 800-850-7133
  2. 2. Assembly Bill No. 592: Interference with California Family Rights Act Leave.AB 592 makes itan unlawful employment practice for any employer to interfere with or otherwise prevent orattempt to prevent an employee from exercising rights under the California Family Rights Act.This existing law makes it an unlawful employment practice to deny an employees request forparental, pregnancy or medical leave as well as leave to care for an ill family member.Senate Bill No. 757 Domestic Partner Discrimination in Health Insurance. SB 757 is federallegislation that forbids employers from willfully excluding from coverage eligibilitydiscriminating in coverage between spouses or domestic partners of a different sex and thosein same-sex marriages or domestic partnerships. Group coverage must be provided to spousesand domestic partners in same-sex relationships on the same basis as provided to those indifferent sex relationships.Senate Bill No. 299 - Pregnancy Disability Leave. This new law requires all employers with 5 ormore employees to continue health coverage for eligible female employees who takePregnancy Disability Leave, up to 4 months in a 12-month period. The benefits are at the samelevel as if they had continued working during the leave period, as compared to the current law,which only requires pregnancy leave benefitsto the same level as they would for othertemporary disability leaves.If you require help in understanding how these 2012 California labor laws will affect yourbusiness, contact CPEhr for assistance.9000 Sunset Blvd, Suite 900, West Hollywood, CA 90069www.cpehr.com| info@cpehr.com | 800-850-7133