News & Events - Newsletters
Workplace Wave, January 2005
The following are exerpts from this month's newsletter.
California Legislative Recap – Impact on the Workplace
MANDATORY SEXUAL HARASSMENT TRAINING IN CALIFORNIA
Beginning January 1, 2005, a new law in California (AB 1825) requires all California employers with 50 or more employees (including the State, its subdivisions and cities) to provide at least two hours of Sexual Harassment Prevention training to its supervisory employees every two years. The first two hour sessions must be conducted before the end of 2005. For newly hired or promoted supervisors, they must receive training within six months - then, every two years thereafter.
The law requires that the training be provided in a classroom or other interactive setting and include practical guidance regarding the federal and state laws prohibiting sexual harassment, as well as the remedies available. It must also include practical examples demonstrating the prevention of harassment, discrimination and retaliation. It must be presented by trainers or educators with knowledge and expertise in the prevention of harassment, discrimination and retaliation.
For more information about how to comply with these requirements or for information on training programs provided by The Law Offices of Mary L. Topliff, contact Ms. Topliff at 415-398-9597.
DOMESTIC PARTNER RIGHTS AND RESPONSIBILITIES ACT
AB205 was enacted in 2003 and is effective January 1, 2005. It provides that registered domestic partners shall have the same rights, protections and benefits, and shall be subject to the same responsibilities, obligations and duties under law, as are granted to spouses.
The major impact on employment policies is in the area of Family Leaves of Absence under the California Family Rights Act (CFRA), which covers employers with 50 or more employees. Currently, CFRA provides that employees may take a Family Leave to care for a spouse with a "serious health condition." Under AB205, these rights as to spouses will be extended to registered domestic partners. Employers covered by CFRA should review their existing leave of absence policies and specify its application to registered domestic partners.
Employers should also look at other fringe benefits that are or may be provided directly to an employee's spouse or to the employee as a result of having a spouse. For example, bereavement time off for spouses must be extended to registered domestic partners. Relocation expenses, travel benefits, and other membership benefits may also be impacted.
This law contains no employee benefit mandate in terms of insurance. California insurance laws currently require carriers to offer domestic partner benefit coverage, to the extent that these laws are not preempted by ERISA. Employee benefit specialists should be consulted for this law's specific application to an employer's benefit plans.
LABOR CODE PRIVATE ATTORNEYS GENERAL ACTIONS ("SUE YOUR BOSS LAW")
On August 11, 2004, SB1809 (Dunn) was enacted into law, most of which took effect immediately although two items were retroactive to January 1, 2004. This bill amends and limits the scope of the Labor Code Private Attorneys General Act of 2004. It redistributes the penalties collected in civil actions brought by aggrieved employees, with a larger percentage tagged for the Labor & Workforce Development Agency. Aggrieved employees are now required to follow procedural prerequisites before filing a lawsuit, including written notice to the Agency. It authorizes the superior court to review and approve any penalties sought as part of a settlement under this Act and, most importantly, provides that civil penalties for violations of most posting and notice requirements under the Labor Code can only be recovered by the Agency, with the exception of payroll and workplace injury posting requirements. It also repeals the Labor Code section requiring that employment application forms be submitted to the state agency.
EMPLOYEE PAYCHECKS
SB1618 (Battin) requires employers to furnish employees with an itemized paycheck stub showing no more than the last four of employees' social security numbers. This requirement goes into effect January 1, 2008.