With everything else you have to do, keeping up with changes in the law can be difficult—especially in California.
AB 23: Cal-COBRA Subsidy—This bill would require employers and health insurers, among others, to provide notice of the availability of health plan premium assistance under the federal stimulus package to individuals eligible for that assistance, and would make other changes to allow those individuals to receive Cal-COBRA coverage with that premium assistance. This bill is marked as urgent, and is expected to pass very soon. CEA Online subscribers can find out more about the required COBRA subsidy, and download model notices, here.
One of the biggest legal changes to come down in a while was January’s sweeping revisions to the federal Family and Medical Leave Act (FMLA). Are you up on how these changes affect your intermittent leave obligations? Find out by ordering a CD recording of our recent audio conference specifically for California employers: Intermittent Leaves in California: Current Tips for Managing These Tricky Leaves and Preventing Abuses.
AB 141 and SB 187: Individual Employee Flexible Work Schedule—Recent changes to the state alternative work week law permit a “work unit” to elect to work four 10-hour days a week, without the employer having to pay daily overtime. These bills would provide the same option to employees on an individual basis; even if an employee’s whole work unit didn’t also elect the flexible schedule. Bills have been introduced into both the Assembly and the Senate, and are currently being reviewed by committees.
AB 793: Equal Pay Discrimination—The recently enacted federal Fair Pay Act (FPA) amended existing federal law to increase the amount of time an employee has to file a pay discrimination claim. The law also added penalties for equal pay violations. This bill would amend California antidiscrimination law to mirror the requirements of the FPA, and is currently being considered by Assembly committees.
AB 943: Employee Credit Reports—Under current law, an employer can obtain an applicant or current employee’s credit report if the employer obtains written authorization from the employee, and provides the employee with a copy of the report. This bill would make it unlawful for an employer to refuse to hire, to fire, or to in any way discriminate against an employee who refuses to provide written authorization to obtain the employee’s credit report, unless the employee’s credit history is essential to the employee’s job duties.
400+ pages of state-specific, easy-read reference materials at your fingertips—fully updated! Check out the Guide to Employment Law for California Employers and get up to speed on everything you need to know.
AB 1000: Paid Sick Leave—Currently, only employees working in the city and county of San Francisco are entitled to mandatory paid sick leave. This bill would require all California employers to provide every employee who works in the state for more than 7 days with paid sick leave benefits, accrued as one hour of paid leave for every 30 hours worked. This bill is set for committee hearings soon.
SB 242: Language Discrimination—This bill would make it illegal for an employer to discriminate against any employee based on the employee’s primary language, or to ban employees from speaking any language in the workplace, unless there’s a business necessity for prohibiting employees from speaking a particular language. This bill, which would allow employees to sue for language discrimination, has passed in the Judiciary Committee, and is headed for a Senate vote.
Are You Following the New Rules for Intermittent Leaves?
Managing employee leaves is probably not your favorite part of your job. And intermittent leaves? Those can really make you tear your hair out. It’s not just the employees that make intermittent leaves trying. The law itself is confusing and difficult to interpret, especially following the recent sweeping changes to FMLA.
Many HR professionals—even very experienced ones—have difficulty figuring out how to calculate intermittent leaves in the context of FMLA’s 12-week allotment, how to decide when the 12-month calendar begins, and more.
Order a CD recording of our recent in-depth audio conference on intermittent leaves. Our expert will explain—in plain English—what the law requires, how to make the appropriate calculations, and how to nip employee abuses in the bud.
You and your colleagues will learn:
- How the recent FMLA changes affect your intermittent leave obligations
- What, if any, conflicts arise with the California Family Rights Act
- Why you should consider a rolling calendar, and how to implement it
- When you can legally (and safely) deny an intermittent leave request
- How to best prepare for unforeseeable leaves
- The best way to investigate and discipline intermittent leave abusers—without crossing the line into harassment or retaliation
- What you can require in terms of advance notice and medical certifications from employees requesting intermittent leave
- When you can ask your workers for more detail about why they’re taking intermittent leave—and when you can’t
- When you can demand a second (or even a third) medical opinion—and who foots the bill
- How to transfer employees to different positions or change their work schedules to accommodate intermittent leaves, without disrupting your workplace or opening yourself up to liability