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New California Laws Effective January 1, 2013

Date: 11.30.2012

The following chart lists the major pieces of employment legislation introduced in the California State Senate and Assembly during 2012 that were signed into law by Governor Jerry Brown. All of the bills listed become effective January 1, 2013.

Bill No.

New (*) or Amended (**) Code Sections

 

AB 1536

Vehicle Code 23123.5(**)

Allows certain voice-operated + hands-free devices while driving.

AB 1660, 2396, 1401

Labor Code 1308.10(**), 1308.5(**), 1706(*), 1706.5(*)

Employment permits required for infant performers. Establishes a system to prevent registered sex offenders from representing minors who are performing.

AB 1675

Labor Code 1683(**)

Increases penalties for violators of requirement that farm labor contractors be licensed.

AB 1744, 2674, SB 1255

Labor Code 226.1(*), 226(**), 2810.5(**)

Itemized wage statements of temporary service employers must include pay rate, total hours worked.

AB 1775

CCCP 706.011(**), 706.050(**)

Wage garnishment law amended to increase amount of exempt wages.

AB 1844, SB 1349

Labor Code Chap. 2.5(*)

Bars employers from asking for employees’ social media information.

AB 1855

Labor Code 2810(**)

Adds warehouse contractors to those barred from entering into certain agreements for labor or services.

AB 1964

Gov. Code 12926(**), 12940(**)

Adds religious dress or grooming practices to acts protected from discrimination.

AB 2103

Labor Code 515(**)

Payment of fixed salary to nonexempt employee compensates only his or her regular, non-overtime hours despite agreement otherwise.

AB 2370, SB 1381

Laws in numerous Codes

Replaces “mental retardation” with “intellectual disability.”

AB 2386

Gov. Code 12926(q)(**)

FEHA definition of “sex” includes “breastfeeding and conditions related to breastfeeding.”

AB 2492

Gov. Code 12650-52(**), 12654(**), 12653 repealed + added and 12654.5 added

Expands definition of claim under False Claims Act and increases penalty for each violation; conforms Act to federal FCA.

AB 2659

Vehicle Code 15250(**)

Authorizes Cal DMV to waive federal test for commercial drivers with certain military experience.

AB 2674

Labor Code 226(**)

Employers must maintain personnel records for specified period and allow employees to inspect and copy records. Violation reduced from misdemeanor to infraction.  Penalty: $750.

AB 2675

Labor Code 2751(**)

Commissions requiring written agreements may not include short-term productivity bonuses or profit-sharing plans.

SB 1144

Labor Code 1197.2(**)

Increases penalty for employers who can but fail to pay final judgment or labor order for wages due separated employee.

SB 1234

Gov. Code 20139(*), 100000-100044(*), Unemployment Insurance Code 1088.9(*)

Establishes a state-run retirement savings program for private-sector employees that is funded by an automatic 3% payroll deduction.

For more information about a particular bill, see www.leginfo.ca.gov or contact Partner Jamerson Allen, at (415) 394-9400 or AllenJ@jacksonlewis.com, of the San Francisco office or the Jackson Lewis attorney with whom you regularly work.


© 2012, Jackson Lewis LLP. This Update is provided for informational purposes only. It is not intended as legal advice nor does it create an attorney/client relationship between Jackson Lewis LLP and any readers or recipients. Readers should consult counsel of their own choosing to discuss how these matters relate to their individual circumstances. Reproduction in whole or in part is prohibited without the express written consent of Jackson Lewis LLP.

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