Gov. Davis has signed a new measure, A.B. 1015, that creates new labor law protections for job applicants’ outside activities and political interests and strengthens remedies employees already have. The new law takes effect Jan. 1, 2002, and applies to most public and private employees with a few exceptions. We’ll cover the key points.
Stronger Remedies For Employees
Existing law protects employees from discharge, demotion or any other discrimination for engaging in lawful conduct during non working hours away from your premises (see ) or for engaging in political activities or for having political affiliations. The new legislation beefs up the remedies for violating these provisions, allowing employees to seek back wages, benefits and reinstatement.
Join us this fall in San Francisco for the California Employment Law Update conference, a 3-day event that will teach you everything you need to know about new laws and regulations, and your compliance obligations, for the year ahead—it’s one-stop shopping at its best.
New Protections For Applicants
For the first time, these and other protections are being extended to applicants. Thus, it will be illegal to discriminate against an applicant for:
- filing a claim with or testifying before the Labor Commissioner;
- reporting to a government agency information that the applicant reasonably believes discloses a legal violation;
- participating in lawful conduct during non working hours away from your premises; and
- engaging in political activities or having political affiliations.
Applicants whose rights are violated are entitled to employment and reimbursement for lost wages and benefits caused by the prospective employer’s acts.
Conflicts With Employer’s Business Interests
Despite the new applicant protections for off-duty conduct and political activities, the new law permits you to insist that applicants agree that they won’t engage in conduct that undermines your business interests.
In particular, you can require applicants to sign provisions agreeing not to do anything that directly conflicts with your “essential enterprise-related interests,” if the conduct would substantially disrupt your operations. Note that the courts will probably have to clarify the details of what types of conduct you could legally curtail.
You can also require applicants for firefighter positions to sign an agreement that they won’t consume tobacco products on or off the job.
Special Exemptions
The new remedies for employees and the applicant protections don’t apply to state and local law enforcement agencies, religious nonprofits or certain members of the press.