California Governor Jerry Brown has signed the last of this year’s employment-related legislation and these new laws are more employee-friendly than ever before.  Most of the new laws are effective January 1, 2014.

Are you prepared?

1.      Do You Provide Reasonable Accommodations to Victims of Stalking, Domestic Violence, and Sex Crimes?

If not, you will violate California Labor Code sections 230 and 230.1

Employers must provide reasonable accommodations to victims of stalking, sexual assault, and domestic violence for safety at work.  Some of the reasonable accommodation procedures under disability discrimination laws may be applicable.  For example, the employer must engage in the “interactive process” with the employee, and the employer may request “certification” that the employee is a victim.  The law specifies that certification may be a police report, a court order, or documentation from a licensed medical professional or counselor that the employee is a victim of domestic violence, sexual assault or stalking.  Reasonable accommodations may include: transfer, reassignment, modified schedule, or changed work telephone.  The key is to prove that the complaint has not been ignored.

2.      Do You Provide Protected Time Off to Victims of Crimes?

If not, you will violate California Labor Code 230.5.

Employers are all too familiar with the existing law that provides employees with protected leave to serve on a jury, to appear in court as a witness in any judicial proceeding, or to obtain or attempt to obtain relief from domestic violence or sexual assault.  Now, under new section 230.5, employers must also provide employees who are victims of certain offenses (or the spouse, parent, sibling, or guardian of a victim) with protected leave to appear in court; to be heard at a post-arrest release decision, plea, sentencing, postconviction release decision; or any other proceeding involving the victim’s rights.  Although there is no maximum time limit for the protected leave under the new law, the time off is limited to isolated court appearances.

3.      Do You Pay Your Employees at Least $9.00 per hour?

If not, you will violate the California Minimum Wage law.

Labor Code section 1182.12 will raise California’s minimum wage from $8.00 per hour to $9.00 per hour starting July 1, 2014 (and to $10.00 per hour starting on January 1, 2016).

4.      Workers May Bring a Civil Suit without Administrative Exhaustion

California just passed Labor Code section 244, which specifies that employees do not have to exhaust administrative remedies (i.e., file a charge of discrimination) in order to bring a civil action under certain Labor Code provisions, including Labor Code section 98.7 regarding unlawful discharge due to retaliation or discrimination in the workplace.  Without the administrative gatekeeper, we expect the volume of employment-related litigation in California to increase.

If you have employees in California, now is the time to ensure your policies comply with these new laws.  Please call us if we can assist.

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