EMPLOYERS must give written notice to new hires
This new law requires that at the time of hiring, an employer must provide the new hire a written notice containing the following information:
(a) The rates of pay (including the overtime rate)
(b) The basis of pay (if paid by hour, shift, day, week, salary, piece, commission, etc.)
(b) Allowances claimed as part of wages, including meal or lodging allowances
(c) The regular payday designated by the employer
(d) The name of the employer, including any “doing business as” names used by the employer
(e) The physical address of the employer’s main office and a mailing address
(f) The telephone number of the employer
(g) The name, address, and telephone number of the employer’s workers’ compensation insurance carrier
The Wage Theft Prevention Act of 2011 seeks to prevent wage theft and increase the ability of employees to recover stolen wages. The Labor Commissioner will prepare a template that employers can use to for the above notice. The employer must notify the employee within seven days if any of the above information is changed. Or the employer may inform employees of these changes by providing the new information on the employee’s pay stub.
Employers cannot use credit reports for employment purposes
This law prohibits an employer or prospective employer from obtaining a consumer credit report for employment purposes. There are limited exceptions, including, if the position is required by law to have the report disclosed or unless the position involves access to confidential information or regular access to cash of $10,000 or more. This law also requires written notice to the person involved and the specific reason for obtaining the report.
Employers pay more penalties for willful misclassification of independent contractors
This law prohibits willful misclassification of workers as independent contractors. Willful misclassification is defined as “avoiding employee status for an individual by voluntarily and knowingly misclassifying that individual as an independent contractor.” If an employee has been misclassified as an independent contractor, the employer could be liable for penalties of up to $15,000 and as much as $25,000 for repeat violators. Also, persons (such as financial, accounting or human resources professionals) who knowingly advise an employer to treat an individual as an independent contractor to avoid employee status shall be jointly and severally liable with the employer if the worker is not found to be an independent contractor.
Employers cannot refuse to maintain and pay for health coverage for maternity leave
This law prohibits an employer from refusing to maintain and pay for continuing coverage under a group health plan for an employee who takes a pregnancy disability leave for up to 4 months. Also, the law states that group health benefits must be continued on the same terms and conditions as if the employee continued actively reporting to work. If the employee fails to return from pregnancy disability leave, the employer may recoup from the employee the premiums the employer paid to continue the employee’s coverage during the leave, unless the reason the employee did not return is because of a continuing disability or because the employee took a separate protected leave.
Employers must allow employees to dress consistently with their gender expression.
Existing law prohibits discrimination or harassment based on an individual’s gender or sex. This new law requires employers to allow an employee to appear or dress consistently with the employee’s gender expression or gender identity. “Gender expression” is defined as a person’s gender-related appearance and behavior whether or not stereotypically associated with the person’s assigned sex at birth. The employer may still impose reasonable workplace appearance, grooming or dress standards. However, within the dress guidelines, an employer must permit employees to appear or dress consistently with their gender identity or gender expression. This new law effectively adds “gender, gender identity and gender expression” as protected characteristics.
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C. Joe Sayas, Jr., Esq. is an experienced trial attorney who has successfully obtained significant results, including several million dollar recoveries for consumers against insurance companies and big business. He is a member of the Million Dollar-Advocates Forum—a prestigious group of trial lawyers whose membership is limited to those who have demonstrated exceptional skill, experience and excellence in advocacy. He has been featured in the cover of Los Angeles Daily Journal’s Verdicts and Settlements for his professional accomplishments and recipient of numerous awards from community and media organizations. His litigation practice concentrates in the following areas: serious personal injuries, wrongful death, insurance claims, unfair business practices, wage and hour (overtime) litigation. You can visit his website at www.joesayas law.com or contact his office by telephone at (818) 291-0088.
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