Saving the best for last: The hundreds of bills passed in the California Legislature’s last two weeks of the 2013 session are either on, or still making their way to, Governor Jerry Brown’s desk. He has until the second weekend in October to sign or veto them. Historically, the governor’s veto rate in his second administration has been around 15 percent. Governor Brown traditionally waits until it is close to the signing deadline to make his decisions on end-of-session bills, so expect most of the action to occur in the second week of October.
Articles Discussing General Workplace Issues in California.
It’s all over now but for the gubernatorial pen strokes – or not.
The week of September 9 is the last week of the 2013 session of the California Legislature. Of the 2,256 regular bills introduced in the Senate and Assembly, the finalists will be sent on to Governor Brown’s office for approval or veto. The Governor has a maximum of 30 days to sign or veto a measure once it is presented to his office.
California Governor Jerry Brown has signed legislation (S.B. 462) amending the California Labor Code to limit employers’ ability to recover attorney’s fees and costs in actions for nonpayment of wages. Previously, California case law left open the possibility that Labor Code Section 218.5 permits the prevailing party, either the employee or employer, to recover fees and costs. Effective January 1, 2014, employers may recover their defense costs only if they prove that an employee brought the action in “bad faith.”
We are now in the last two weeks of the 2013 California legislative session. August 30 was the formal deadline for any bills to be acted upon to clear the fiscal committees of either house this session. From here on out, according to the legislative calendar, there will be floor sessions only — no committee, other than conference committees and the Rules Committee, may meet for any purpose. And Friday, September 6, is the last day to amend a bill on the floor – again, according to the legislative calendars. But be alert for the notorious “gut-and-amend” bills in these final weeks.
An amendment to the California Labor Code mandating temporary leaves of absence for firefighters, reserve peace officers, and emergency rescue personnel (Labor Code Section 230.4) will become effective on January 1, 2014.
An employer could be held liable for its employee’s off-duty accident as long as the proximate cause of the injury (here, alcohol consumption) occurred within the scope of employment, the California Court of Appeal has held, reversing summary judgment in favor of the employer. Purton v. Marriott Int’l, Inc., No. D060475 (Cal. Ct. App. Jul. 31, 2013). The Court further ruled it was irrelevant that the effect of the employee’s negligence occurred after he had arrived home from the employer-sponsored party.
In response to our June 6, 2013 Restaurant Industry Newsletter, we received several questions about whether California’s human trafficking statute applies to all restaurants and drinking establishments. As a result, we are providing the following answers as a guide to help you determine whether you must comply with the statute.
Executive Summary: The California Legislature has enacted a new law that requires certain businesses in the hospitality, transportation, and healthcare industries to post public notices regarding slavery and human trafficking or face stiff penalties. This new law became effective on April 1, 2013 and is the latest in California’s efforts to combat this unlawful multi-million dollar industry.
“Agencies are barred from using a partner in a law firm as an advocate in a contested matter and another partner from the same law firm as an advisor to the decision maker in the same matter,” the California Court of Appeal has ruled in an arbitration case involving the termination of a police officer. Sabey v. City of Pomona, No. B239916 (Cal. Ct App. Apr. 16, 2013).
Human trafficking is one of the 21st century’s buzz phrases. There is some disagreement on exactly what human trafficking means, but regardless of precisely how it is defined, it is widely accepted as a detrimental practice that should be stopped. Accordingly, a wide variety of local, national and international governments and institutions have taken or enacted measures to address trafficking. Likewise, a number of businesses have promulgated internal self-governance policies with the aim of eradicating human trafficking from their supply chains.
In this podcast, Littler’s Christopher Cobey elaborates on employment laws that were recently passed in California. He provides insight on the significance of these laws for employers and human resources professionals and explains how they must comply in 2013.
Executive Summary: After the Mayans failed to predict the end of the world on December 21, 2012, it became apparent that California employers would have to comply with a string of new laws that take effect on January 1, 2013. Here is a summary of seven new employment laws to be aware of so you can revise your employment policies accordingly.
The following chart lists the major pieces of employment legislation introduced in the California State Senate and Assembly during 2012 that were signed into law by Governor Jerry Brown. All of the bills listed become effective January 1, 2013.
California Governor Jerry Brown has signed into law new requirements specifying when and how employers must respond to their employees’ requests for inspection and copying of their personnel files. The new requirements become effective January 1, 2013.