Reminder: A Recap of the New Laws Effective January 1, 2012

Let me begin this last article by thanking you for supporting my Blog throughout the year! We are currently receiving over one- thousand hits per month from employers all over the country and are continuing to grow our outreach. Potts & Associates will offer some additional services and seminars throughout 2012 so stay tuned for those announcements along the way.

The following reminders are for laws that will be effective January 1, 2012, and only apply to California employers! These are only a recap. You can go into the archives and get more information if you need or go directly to the law as indicated next to the particular category.

Pregnancy Disability Leave (AB 299)

Employers are now prohibited from refusing to maintain and pay for group health insurance coverage for the duration of pregnancy disability leave, for up to four months in a twelve month period.

Organ and Bone Marrow Donor Leave (SB 272)

Employers must grant a leave of absence of up to thirty days in a twelve month period to an employee who is an organ donor program and up to five days in a twelve month period to an employee who is a bone marrow donor. The days for the leave are business days not to include weekends. Employers can condition the leave upon the employee’s use of any paid days off that they may have on the books.

Credit Reports (AB 22)

This particular law significantly restricts an employer’s ability to obtain credit reports 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.

Credit reports also may be obtained for employees of financial institutions subject to Sections 6801-6809 of the U.S. Code.

Willful Misclassification of Independent Contractors (AB 459)

Although this is a California law please be reminded that the Feds are also cracking down in this area. This particular law now imposes a civil penalty of between $5,000 and $15,000 for EACH violation on a person or employer that willfully misclassifies an individual as an independent contractor. The penalty increases to between $10,000 and $25,000 for each violation if the person or employer has engaged in a pattern or practice of willful misclassification.

Wage Payment Detail (AB 469)

This change requires employers to provide nonexempt employees, at the time of hire, a written notice of eight different points of notification to the new hire (such as rate of pay, whether hourly, shift, day, week, piece commission, regular pay day etc.). Please go back to my archives for the exact requirements.

Use of E-Verify System (AB 1236)

This provision states that state agencies, cities and counties, cannot require private employers to use the Federal E-Verify System to confirm the legal immigrant status of workers they hire, except when required by Federal law or as a condition of receiving Federal funds.

Genetic Information (AB 559)

This new law amends the California Fair Employment & Housing Act (FEHA) to prohibit discrimination on the basis of genetic information.

Gender Expression (AB 887)

This law is also an amendment to 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 (includes a person’s gender-related appearance).