Labor Law update 2012

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Changes in California Employment law for 2012

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Labor Law update 2012

  1. 1. Presented byMartin Levy, SPHRHuman Resources 4Uhrexec@humanresources4u.com(909) 912-9995www.humanresources4u.com
  2. 2. Labor Law Trends Increased litigation 2010  Wage & Hours 18%  Age Discrimination 11%  Race Discrimination 7%  Gender Discrimination 6%  Disability Discrimination 6% Increased Government Enforcement  ICE (I-9)  IRS (payroll taxes)  DOL (wage & hour) © Human Resources 4U All rights reserved 2
  3. 3. Labor Law Trends National Labor Relations Board (NLRB)  New poster by 4/30/12 (union organizing)  Social Media postings  What is “protected concerted” activity?  Terms and conditions of employment  Shared concerns to induce group action  This is a gray area of the law: tread carefully © Human Resources 4U All rights reserved 3
  4. 4. The New Laws Credit Checks  Interference with Rights Under Pregnancy Disability Leave Leave Laws Willful Misclassification of  Administrative Penalties Independent Contractors  Wage Penalties Written Commission  Insurance Non-Discrimination Agreements  State Contracts Discrimination Notice of Pay Details  Apprentice Programs Organ & Bone Marrow Donor  Safe Lifting – Hospitals Leave  Farm Labor Contractors Genetic Information  Agricultural labor Relations Genetic Expression E-Verify © Human Resources 4U All rights reserved 4
  5. 5. Credit ChecksProhibits employers and prospective employers fromusing credit checks with limited exceptions.Financial institutionsLaw EnforcementAccess to proprietary or confidential informationNon-routine, regular access to SS#, DOB, etc.Regular handling of cash in excess of $10,000Managers as defined under the law © Human Resources 4U All rights reserved 5
  6. 6. Pregnancy Disability LeaveAll covered employers must continue to pay for grouphealth coverage for up to 4 months in a 12 month periodas if the employee continued working for the companyPreviously it was just the same as other leave policies, i.e.FMLA/12 weeks or whatever your Employee Handbookstated © Human Resources 4U All rights reserved 6
  7. 7. Willful MisclassificationThere are now new penalties from $5,000 to $25,000 for“willful misclassification” of independent contractors “avoiding employee status by knowingly misclassifying…” Joint penalty on consultants who advise misclassifying © Human Resources 4U All rights reserved 7
  8. 8. Written Commission AgreementsRequires employers to put all commission payarrangements into a signed, written contract It must set forth the method by which commissions will be computed and paid Effective 1/1/2103 My editorial: make sure they are in plain English! © Human Resources 4U All rights reserved 8
  9. 9. Notice of Pay DetailsFor non-exempt employees only, notice must be given at thetime of hire that includes:Rate of payBasis (hourly, salary, commission, etc.)Any allowances claimed (meals, lodging)Regular pay dayName of employer, including DBAPhysical address of main officeCompany telephone numberWorkers’ comp contact information* If any changes occur, employees must be notified in writing within 7 calendar days and statute of limitations increased from 1 to 3 years. Model form: DLSE-NTE (12/20/11) © Human Resources 4U All rights reserved 9
  10. 10. Organ & Bone Marrow DonorOriginal law said only 30 days/organ and 5 days/marrow Clarifies 2011 law to state that leave days are business days, not calendar days The one year period start on the first day of leave You can now require employees to use PTO as well as sick and vacation leave © Human Resources 4U All rights reserved 10
  11. 11. Genetic InformationProhibits discrimination on the basis of geneticinformation Individual’s genetic tests Genetic tests of family members Manifestation of disease/disorder in family memberNote: Make sure you have GINA safe harbor language inyour FMLA/CFRA forms © Human Resources 4U All rights reserved 11
  12. 12. Genetic Expression Amends FEHA to further define “gender” to include both gender identity and gender expression Allows employees to dress consistent with both their gender identity and gender expression Note: gender expression is “a person’s gender related appearance and behavior whether or not stereotypically associated with the person’s assigned sex at birth.” © Human Resources 4U All rights reserved 12
  13. 13. E-Verify Prohibits State and local governments and agencies from requiring employers to use E-Verify  Exceptions:  When required by Federal law  As a condition of receiving Federal funds © Human Resources 4U All rights reserved 13
  14. 14. Interference with Rights New language added to CFRA and PDL that makes it unlawful to interfere or restrain an employee form exercising their rights under these laws Note: no real change since this was already illegal under FMLA © Human Resources 4U All rights reserved 14
  15. 15. Administrative Penalties Allows employees to collect liquidated damages with complaints brought before the DLSE Used to be only the courts were allowed to do this © Human Resources 4U All rights reserved 15
  16. 16. Wage Penalties (limited scope) Increases maximum penalty from $50 to $200 per day for each worker paid less than the prevailing wage Applies only to certain State and Federal contracts © Human Resources 4U All rights reserved 16
  17. 17. Insurance Non-Discrimination Prohibits group health plans from discriminating in coverage between spouses or domestic partners of a different sex and spouses or domestic partners of the same sex © Human Resources 4U All rights reserved 17
  18. 18. Other laws with limited application State Contracts – Gender or Sexual Orientation Discrimination Farm Labor Contractors – wage notices Agricultural labor Relations Apprentice Programs Safe Lifting - hospitals © Human Resources 4U All rights reserved 18
  19. 19. Workers’ Compensation Several positive (for employers) but minor changes were made to existing WC regulations © Human Resources 4U All rights reserved 19
  20. 20. Updates Brinker postponed until sometime around mid-April Computer professional exemption increased to $38.89 per hour The DFEH has instituted some new regulations that make it easier for an employee to file a complaint with the DFEH © Human Resources 4U All rights reserved 20
  21. 21. Questions?

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