As the enactment deadline for the 2001-2002 state legislative session came down to the wire, Gov. Davis signed a variety of important employment-related bills into law. We’ll provide a complete rundown of all the new measures in a Special Report next month. But here’s a look at some of the more significant new laws, which take effect Jan. 1, 2003.
Immigration Status Not Considered
Last spring’s U.S. Supreme Court decision about undocumented workers’ rights stirred up confusion about whether these workers could sue for workplace violations and receive remedies. Now S.B. 1818 spells out that all applicants or employees, regardless of immigration status, have the right to protections and remedies available under state labor and employment laws. This means employers can’t avoid penalties or back pay for workplace violations because of a worker’s immigration status. However, the law specifies that an undocumented worker can’t seek reinstatement as a remedy.
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.
Time To Sue Extended
Gov. Davis also signed three bills that extend the time limits for filing certain types of lawsuits. The first bill, S.B. 688, doubles the amount of time individuals have to sue for personal injuries—including emotional distress or wrongful discharge in violation of public policy—from one year to two years. Although this law generally takes effect Jan. 1, 2003, it is retroactive for personal injury and wrongful death claims that arose out of the Sept. 11, 2001, terrorist attacks.
The second bill, A.B. 1146, suspends the one-year period an employee has to sue for violations of California’s anti-bias law when the state agency that handles these claims, the Department of Fair Employment and Housing, defers its investigation to the federal Equal Employment Opportunity Commission.
The third bill, S.B. 1945, extends the time an individual has to file a complaint with the DFEH for an alleged violation of California’s hate-crimes prohibition. The filing can be made up to one year from when the individual became aware of the identity of the accused person but must be within three years of the date of the incident.
Payroll Records
Another new law, A.B. 2412, makes changes to an existing Labor Code provision that gives employees the right to inspect or receive copies of their payroll records (at cost). Under the new law, you will have to provide copies of payroll records within 21 days of receiving a current or former employee’s written or oral request. You also will have to allow individuals to inspect their payroll records within 21 days of receiving a request. Failure to comply with the 21-day time limit carries a $750 penalty, and the employee can bring suit to obtain access to the payroll records.