24 Sep 2013 New California Employment Laws
Newly enacted California employment laws have either recently or will in the near future become effective. Like most employment laws these ones are very easy to comply with, and the risk of non-compliance far outweighs the perceived inconvenience of compliance. To the extent that these laws and regulations apply to your company, we urge you to make the minor changes that these new laws require.
- Employment Records – This new law amends a prior law which governs employer’s obligations with respect to employee records. While there are aspects of this law, we recommend that you note that under this new law Employers must now retain employee records for at least three years after termination. If an employee demands copies of his or her employment records, employers must make those records available within 30 days. Employers may provide a copy at a charge no greater than cost.
- Commission Agreements– Employers must document all commission agreements in writing.
- Wage Statements –Temporary services employers are now required to provide pay rate and total hours worked per assignment information one each wage statement. Also, they must identify the name and other identifying information about the office of the legal entity for which the employee worked.
Other new laws provide additional protection for California employers. These include the following:
- Disability Access Issues – Attorneys that represent plaintiffs in disability lawsuits are now obligated to send a notice letter 30 days before filing a lawsuit against a company. Plaintiffs now have a higher burden of verifying their disability claims. Certain minimum statutory damages awards have been reduced.
- Workers’ Compensation Reform – Certain types of disability claims are eliminated, including claims for sleep disorders, sexual dysfunction and other psychological issues.