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A.B.
800 English-Only Rules: This law imposes new restrictions
on an employer's ability to set workplace language rules.
This bill amends the Fair Employment and Housing Act ("FEHA"),
to outlaw the so-called "English Only" rules in
the workplace. The new statute will make it unlawful for
an employer to adopt or enforce a policy that prohibits the
use of any language in the workplace unless the policy is
justified by "business necessity" and appropriate
notice of the policy and its consequences for violation of
the policy is given to employees. For the purpose of this
statute, "business necessity" means "an overriding
legitimate business purpose such that the language restriction
is necessary to the safe and efficient operation of the business,
that the language restriction effectively fulfills the business
purpose that it is supposed to serve, and there is no alternative
practice to the language restriction that would accomplish
the business purpose equally well with a lesser discriminatory
impact."
A.B.
1025 New Accommodations for Nursing Mothers: This new
law requires employers make certain accommodations to breastfeeding
mothers. This includes reasonable amounts of break time to
accommodate an employee desiring to express breast milk for
her infant. The break time shall, if possible, run concurrently
with any breaks that are already provided. Any breaks that
do not run concurrently with existing breaks may be unpaid.
The employer will not be required to provide the extra break
time if to do so would seriously disrupt the employer's operations.
Employers must also make a reasonable effort to provide a
suitable, private location (not a bathroom stall) for breastfeeding
mothers to express milk at work. Such location must be in
close proximity to the employee's work area. Numerous issues
remain unclear: How frequently must a nursing mother be given
a break to express milk? Can a women be required to adhere
to a specific pumping schedule? at what point would an accommodation
be said to seriously disrupt operations? How private is private?
Would a women's lounge area where women only are allowed
be private enough?
A.B.
25 Domestic Partnerships: This bill was passed into law
on 10/14/01. This bill makes numerous changes with respect
to the legal rights of registered domestic partners, affording
such relationships several of the legal benefits associated
with marriage. With respect to employment, the new law makes
three significant changes:
(1)
group health and disability insurance carriers must now offer
employers the option of including domestic partners as dependents
for the purpose of coverage;
(2)
employers who provide paid sick time must allow employees to
use some of this paid time to attend to the illness of a child,
parent or spouse - the new law will add domestic partner and
the child of a domestic partner to this list; and
(3)
an employee who quits a job in order to accompany one's domestic
partner to a new geographic area will be eligible for unemployment
benefits to the same extent as would a spouse who quits for
this reason.
S.B.
40 Unemployment Insurance Benefit Increase: This bill
will increase availability and amount of unemployment insurance
benefits. Under the new law, an unemployed individual will
not be disqualified for eligibility for unemployment benefits
solely on the basis that s/he is only available for part-time
work. The bill also provides that any wages paid in lieu
of notice under the federal Worker Adjustment Retraining
and Notification ("WARN") Act will not be counted
as payment for services in determining eligibility for unemployment
benefits. The bill also alters the calculation of benefits.
Currently, benefits are calculated at 39% of the claimant's
average weekly wage, not to exceed $230 per week in benefits.
Effective January 1, 2002, benefits will rise to 45% of the
average weekly wage, not to exceed $330. After this initial
increase, the maximum weekly benefit will increase by $40
each year until 2005.
A.B.
1475 Eliminate Religious Exemption Under FEHA: Amends
the FEHA to eliminate part of the Act's exemption for religious
entities. Under the new law, the FEHA's provisions prohibiting
discrimination and harassment will now apply to persons employed
by a religious entity who perform non-religious duties at
a health care facility that is not restricted to adherents
of the particular religion.
S.B.
20 Displaced Janitor Protection: This law is to protect "displaced
janitors" when one contractor is replaced by a new contractor.
Janitorial contractors and subcontractors on public works
contracts must retain for 90 days certain janitorial employees
employed at the site by the prior contractor.
S.B.
168: Workplace Privacy: This law prohibits businesses
from printing Social Security numbers on ID cards and mailed
documents or requiring individuals to use their Social Security
number to access an Internet website.
A.B.
866 Child Care Assistance: This law extends two employer
child care assistance tax credits, EFFECTIVE IMMEDIATELY,
for tax years beginning before 2007. First, an employer may
receive a credit of 30% of the cost of establishing or constructing
an employee child care program or facility, up to $50,000.
Second, an employer may take a tax credit of 30% of contributions
to qualified child care on behalf of employees, up to $360
per child each year.
A.B.
1426 Child Support Withholding: If an employer willfully
fails to comply with an earnings assignment order for an
employee's child support, this bill authorizes a court order
for an electronic transfer of funds from the employer's bank
account. An employer that does not comply with an earnings
assignment order three times in a 12-month period is subject
to a penalty of up to 50% of the delinquent amount.
S.B.
446 Health Care: This law requires health care plans
to provide coverage for FDA-approved AIDS vaccines that the
U.S. Public Health Service recommends, but not for clinical
trials of vaccines.
A.B.
1643 and A.B. 351 Background Checks: Under A.B. 1643,
agencies that provide temporary licensed or certified nursing
staff to long-term health care facilities must ensure that
all staff meet requirements for licensing, experience and
health; have a criminal background clearance; and have no
unresolved allegations of patient abuse. A.B. 351 requires
local governments to screen employment applicants and volunteers
who supervise children at parks and other recreational facilities
to ensure they have no convictions for sexual or violent
crimes.
A.B.
1262 Motor Carriers: Every bus company or other motor
carrier that regularly employs more than 20 full-time drivers
must report to the California Highway Patrol whenever it
replaces more than 50% of its drivers within a 30-day period.
The CHP will then inspect the carrier within 21 days to ensure
that it meets all safety requirements, including controlled
substance abuse testing and hours-of-service rules.
A.B.
196 and A.B. 1194 Workers' Compensation: A.B. 196 expands
the scope of injuries that are presumed to be work-related
for safety employees, firefighters, and law enforcement personnel
by including bloodborne infectious diseases such as AIDS.
A.B. 1194 permits physicians assistants and nurse practitioners
to sign first reports of on-the-job injuries and authorize
an injured worker to be off work for three days. However,
a physician must determine whether the worker qualifies for
temporary disability benefits.
A.B.
423: Expands penalties for repeat wage and hour violations
by farm labor contractors.
S.B.
1125: Allows farm labor contractors to use surety bonds
and license fees to pay damages for labor law violations.
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