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New Laws Place Additional Burdens on California EmployersNEWS!

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AB 1522: Paid Sick Leave

Gonzalez (D-San Antonio)

SUMMARY: This bill enacts the Healthy Workplaces, Healthy Families Act of 2014 to provide that an employee who, on or after July 1, 2015, works in California for 30 or more days within a year from the commencement of employment is entitled to paid sick days for prescribed purposes, to be accrued at a rate of no less than one hour for every 30 hours worked. An employee would be entitled to use accrued sick days beginning on the 90th day of employment.

The bill authorizes an employer to limit an employee's use of paid sick days to 24 hours or 3 days in each year of employment. The bill prohibits an employer from discriminating or retaliating against an employee who requests paid sick days. The bill requires employers to satisfy specified posting, notice, and recordkeeping requirements and defines terms for those purposes.

STATUS: Signed into law 09/10/14.

AB 1443: FEHA Protection Expanded to Unpaid Interns

Skinner (D-Berkeley)

SUMMARY: This bill provides that discrimination against any person in the selection, termination, training, or other terms or treatment of that person in an unpaid internship, or another limited duration program to provide unpaid work experience for that person, or the harassment of an unpaid intern or volunteer, on account of the factors described above is an unlawful employment practice.

STATUS: Signed into law 09/09/14.

AB 2053: Abusive Conduct Training for Supervisors

Gonzalez (D-San Antonio)

SUMMARY: Existing law also requires employers, as defined, with 50 or more employees to provide at least 2 hours of training and education regarding sexual harassment to all supervisory employees, as specified. Existing law requires each employer to provide that training and education to each supervisory employee once every 2 years.

This bill additionally requires that the above-described training and education include, as a component of the training and education, prevention of abusive conduct, as defined.

"Abusive conduct" means conduct of an employer or employee in the workplace, with malice, that a reasonable person would find hostile, offensive, and unrelated to an employer's legitimate business interests. Abusive conduct may include repeated infliction of verbal abuse, such as the use of derogatory remarks, insults, and epithets, verbal or physical conduct that a reasonable person would find threatening, intimidating, or humiliating, or the gratuitous sabotage or undermining of a person's work performance. A single act shall not constitute abusive conduct, unless especially severe and egregeous.

STATUS: signed into law 09/09/14.

SB 1360: Rest and Recovery Periods Counted as Hours Worked

Padilla (D-Los Angeles)

SUMMARY: This bill provides that a rest or recovery period mandated pursuant to a state law, including, but not limited to, an applicable statute, or applicable regulation, standard, or order of the IWC, the board, or the division, shall be counted as hours worked, for which there shall be no deduction from wages. The bill would declare that provision to be declaratory of existing law.

STATUS: Signed into law on 06/28/14.

Counsel to Management: For questions regarding the new California legislation, please contact The Saqui Law Group.


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