This law provides additional circumstances under which employees may take school activities leave. California school activities leave now includes the addressing of a child care provider emergency, a school emergency, finding, enrolling, and reenrolling a child in a school or with a child care provider. The pool of eligible employees is expanded to include employees who are stepparents, foster parents or stand in loco parentis
New and Proposed Laws and Legislation
Gender-Based “Fair Pay Act” Enacted
This law amends Labor Code § 1197.5 (SB 358):
Broader Prohibition of Gender Wage Differentials Enacted
Currently, Section 1197.5 prohibits an employer from paying an employee at wage rates less than the rates paid to employees of the opposite sex in the same establishment for equal work. The amendment revises this prohibition, instead prohibiting an employer from paying an employee at wage rates less than…
Meal Period Waiver Rules For Health Care Employees Clarified
This law clarifies that special meal period waiver rules for employees in the health care industry remain in force, despite the uncertainty caused by a recent court of appeal opinion (SB 327).
Piece-Rate Compensation Requirements Changed
This law requires employers to pay piece-rate employees for rest and recovery periods and “other nonproductive time” at or above specified minimum hourly rates, separately from any piece-rate compensation. It also defines “other nonproductive time” as time under the employer’s control, exclusive of rest and recovery periods, that is not directly related to the activity being compensated on a piece-rate basis. Additionally, employers must specify…
Retaliation Against Family Members Of Whistleblowers Prohibited
This law prohibits employers from retaliating against an employee who is a family member of an employee who has or is perceived to have engaged in protected conduct or made a protected complaint (such as whistleblowing). Additionally, the law excludes certain entities, such as certain household goods carriers, from the imposition of joint liability on client employers for all workers supplied by a labor contractor…
Labor Commissioner’s Enforcement Capabilities Expanded
This law authorizes the Labor Commissioner to investigate and enforce local overtime and minimum wage laws and to issue citations and penalties for violations, except when the local entity has already cited the employer for the same violation. The law also authorizes the Labor Commissioner to issue citations and penalties to employers that violate the expense reimbursement provisions of Labor Code Section 2802 (SB 970).
Grocery Workers Protections Clarified
This law amends newly enacted AB 359 to provide that “grocery establishment” as defined in the new protections for grocery workers affected by a change in control does not include an establishment that has ceased operations for six months or more (AB 897).
E-Verify Use Is Restricted
This law expands the definition of an “unlawful employment practice” to prohibit an employer or any other person or entity from using the E-Verify system at a time or in a manner not required by a specified federal law or not authorized by a federal agency memorandum of understanding to check the employment authorization status of an existing employee or an applicant who has not…
Paid Sick Leave Law is Amended
The amendments to the law include a clarification as to who is a covered worker; alternative accrual and payment methods; and a grandfather clause protecting employers that already provided paid sick leave prior to January 1, 2015 (AB 304).
Trial Court Need Only Rule On Evidentiary Objections That It Deems Material To Summary Judgment/Adjudication Motion (SB 470)
SB 470 provides that in granting or denying a motion for summary judgment or summary adjudication, the trial court need rule only on objections made to evidence that the court deems material to the disposition of the motion. Any objections to evidence not ruled on for purposes of the motion are preserved for appellate review.