• California Legislative Update: What State Law Changes Should Employers Anticipate?
  • May 26, 2016 | Author: Christopher W. Olmsted
  • Law Firm: Ogletree, Deakins, Nash, Smoak & Stewart, P.C. - San Diego Office
  • California lawmakers have proposed a number of employment and labor law bills during the current legislative session. Most significantly, Senate Bill 3, the bill to increase California’s minimum wage to $15 per hour by 2022, passed and was signed into law on April 4, 2016. Below is a list of other significant California bills.

    Thanksgiving Double Pay. Assembly Bill 67 would require employers to pay double-time to employees at retail and grocery establishments for work they perform on Thanksgiving Day.
    • Status: The bill passed in the Assembly and is pending in the state Senate’s Labor and Industrial Relations Committee.
    Arbitration Ban. Assembly Bill 2879 prohibits employers from requiring military veterans to sign arbitration agreements waiving their right to sue in civil court for discriminatory practices based on their status.
    • Status: The bill is currently in the California State Assembly Committee on Judiciary.
    Independent Contractors. Assembly Bill 1727 proposes to allow independent contractors participating in “hosting platforms” (such as ride sharing companies) to collaborate and set prices for their services as well as other terms and conditions of their contracts.
    • Status: The bill is currently in an Assembly committee.
    Mandated Scheduling. Senate Bill 878 would require retail, grocery, and restaurant employers to provide employees with work schedules 21 days in advance. Employers would face penalties for changing employee work schedules with less than 7 days’ notice.
    • Status: The bill is currently in a Senate committee.
    Maternity and Paternity Leave. Senate Bill 1166 proposes to require employers with 10 or more employees to offer up to 12 weeks of maternity or paternity leave to employees who meet minimum requirements of service with their employer.
    • Status: The bill is set for hearing on May 2, 2016.
    Salary History. Assembly Bill 1676 would prohibit employers from inquiring about a job applicant’s salary history. The bill also would require employers to disclose a “pay scale” to job applicants.
    • Status: The bill has been referred to the Assembly Appropriations Committee.
    PAGA Fixes. Assembly Bills 2461 through 2465, authored by Shannon Grove, a Republican Assembly member from Bakersfield, propose a number of reforms to the California Private Attorneys General Act (PAGA). The proposed laws would, among other revisions, limit the number of PAGA claims an individual employee may bring to 4, limit the civil penalty a court may impose to $1,000 per employee, and provide a 33-day right-to-cure period.
    • Status: The bills are currently pending in an Assembly committee (and are unlikely to advance).