California employment law is always changing. And it looks like 2012 will be no exception. Below are some proposed changes to the employment law landscape. These new bills, signed by Governor Jerry Brown become effective January 1, 2012.
Pregnancy Disability Leave
(SB 299)
SB 299 prohibits employers from refusing to
maintain and pay for group health insurance coverage for the duration of
pregnancy disability leave, up to four months in a 12-month period.
The law also authorizes employers to recover
insurance premiums from the employee if the employee fails to return from
pregnancy disability leave, provided that the employee’s failure is not due to
leave taken for a health condition, or other circumstances beyond the
employee’s control.
Organ and Bone Marrow
Donor Leave (SB 272)
Under existing law, an employer must grant a
leave of absence of up to 30 days in a one-year period to an employee who is an
organ donor and up to five days in a one-year period to an employee who is a
bone marrow donor. SB 272 provides that the days of leave are business days,
rather than calendar days, and that the one-year period is measured from the
date the employee’s leave begins and consists of 12 consecutive months.
Credit Reports (AB 22)
AB 22 imposes significant restrictions on an
employer’s ability to obtain a credit report for employment purposes. It
generally permits employers that are seeking to fill only specific, identified
exempt positions to obtain and use credit reports to screen applicants or
current employees. The use of the credit reports in other occupations generally
is prohibited.
Employer Contract
Requirements (AB 1396)
AB 1396 requires an employer that enters into
an employment contract involving commission payments for services to be
rendered within California
to put the contract in writing and specify the method by which the commissions
are to be computed and paid. The employer must give a signed copy of the
contract to every employee who is a party thereto and obtain a signed receipt
for the contract from each employee. The law also repeals existing law making
an employer that violates this requirement liable in a civil action for triple
damages.
Genetic Information (SB
559)
SB 559 amends the California Fair Employment
and Housing Act (FEHA) to prohibit discrimination on the basis of genetic
information.
Gender Expression (AB 887)
AB 887 amends California FEHA to clarify that
prohibited discrimination in employment and housing on the basis of sex or
gender includes discrimination on the basis of a person’s gender identity and
gender expression. The law defines gender expression as meaning a person’s
gender-related appearance and behavior, whether or not stereotypically
associated with the person’s assigned sex at birth.
While many of these provisions may not apply
to your particular business, all employers would be wise to review these new
laws in greater detail and update employee handbooks and personnel policies to
ensure compliance with these new regulations.
