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The following is provided for general
informational purposes only, and not intended to constitute
legal advice.
Disclosure of Working Conditions
Applies to all employers
Prohibits an employer from disciplining, discriminating or
dismissing an employee for disclosing working conditions –
including wages
Prohibits an employer from requiring an employee to sign a
waiver denying his/her right to disclose their wages
Payroll Records Inspection Rights
Applies to all employers, and all employees (full time and part
time)
Employers must provide access to or copies of an employee’s
payroll records within 21 days of a request by the employee
Background Check Guidelines
Applies to all employers and all employees (full time, part time
and temporary)
If you use an outside vendor for a consumer investigative
report, you must provide a copy within 3 business days, if
requested
If you gather information internally, you need only provide
‘matters of public record’ within 7 days
In all cases you must provide a copy of the report if you take
an adverse action based on the report
This legislation produces some conflict between
California
requirements and Federal requirements
Former employers are now immune from defamation when giving
eligibility for rehire information to prospective employers
Change in ‘No Fault’ Leave Guidelines
Applies to all employers
Leave time taken to care for a family member cannot be used as
cause for discipline and/or dismissal
Time taken to care for family members must be tracked
separately, and cannot be used as the basis of the decision to
discipline an employee
Notice of Mass Lay-Off, Termination, Relocation
You are covered by this regulation if you have had 75 or more
employees in the last 12 months
An employee is defined as someone who worked for your company at
least 6 months during the last 12 months – this applies to full
time and part time workers
If 50 or more employees are affected, you must provide 60 days
written notice to the affected employees, the Calif. EDD, the
local workforce investment board and the chief elected official
of each city and county affected
Personal Injury Statute
Applies to all employers and workers (full time, part time and
temporary)
Extends the statute of limitations for personal injury suits
from one to two years
Illegal Immigrant Damages – Back Pay
Applies to all employers; and all employees and applicants,
current and former
Permits all persons the ability to recover back pay or other
monetary damages for violation of various labor laws (i.e.
discrimination, failure to hire, wrongful termination etc.);
even if they were not legally entitled to employment in California
Prohibits inquiry into a person’s immigration status except for
compliance with I-9 (INS) procedures
Expansion of Age Discrimination Protections
Applies to employers with 5 or more employees
Expands the Federal age discrimination protections to include
selection for training and employee benefit programs
Paid Family Leave
Although the program does not become effective until 1/1/04,
employers are urged to look at all leave, sick and vacation
policies so they work effectively with Paid Family Leave.
Additionally, consider the impact of paid leave on the size and
consistency of your workforce. Small firms face a considerable
challenge losing even one person for a few weeks.
Applies to all employers
Provides up to 6 weeks of paid time off (in a 12 month period)
to bond with a new child or care for a family member
No minimum length of employment is required – so it is possible
that an employee of 2 months could request 6 weeks of paid time
off
Program is paid by employee contributions – will appear as a new
employee state deduction effective
January 1, 2004
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