For our October 4, 2016 monthly webinar, special guest speaker Jason Gabhart, California State Government Relations Advisor for the Society for Human Resource Management (“SHRM”), joined SHLC Attorneys Brett Sutton and Wes Carlson to discuss important new California Employment Legislation and Case Law for 2017. This month’s webinar was a Worthy Cause Webinar™ with all net proceeds donated to Prescription Abusers In Need (“PAIN”). To learn more about the organization, please visit their website: www.gotpainusa.com.
Topics discussed in this webinar included California legislation passed in 2016 impacting employers, legislation that failed in 2016, but will likely be introduced again in 2017, and important court cases, including the case Morris v. Ernst & Young regarding class action waivers in arbitration agreements.
Here are a few highlights:
2016 California Legislation-Signed Into Law
SB 1241 Employment Contracts: Choice of Law and Forum
Subject to limited exceptions, employees who primarily reside and work in California cannot be required to agree, as a condition of employment, to adjudicate their California claims outside of California or be deprived the substantive protection of California law with respect to a controversy arising in California.
AB 2535 “Hours Worked” on Itemized Wage Statements for Exempt Employees
In addition to the current language exempting tracking hours for those compensated solely on salary, new subsection (j) eliminates the need to show hours worked for employees exempt from minimum wage and overtime under a specified exemption for:
(a) executive, administrative, or professional employees;
(b) the “outside sales” exception;
(c) salaried computer professionals;
(d) parents, spouses, children, or legally-adopted children of the employer provided in applicable orders of the IWC;
(e) directors, staff, and participants of a live-in alternative to incarceration rehabilitation program for substance abuse;
(f) crew members employed on commercial passenger fishing boats; and
(g) participants in national service programs.
The other requirements of Labor Code section 226 still apply to exempt employees. Failure to comply with the wage statement requirements can be costly.
S. Brett Sutton:
SB 1066 Agricultural Employees Overtime
Overtime standards for agricultural workers will tighten from Jan. 1, 2019 to Jan. 1, 2022 to achieve the standard 8 hour day/40 hour week. All other aspects of Labor Code § 500, et seq. will apply Jan. 1, 2017, including second meal periods, day of rest, and statutory overtime exemptions.
2016 California Legislation-Failed but Likely to be Reintroduced
SB 878 Predictive Scheduling
Requires grocery stores, restaurants and retail stores to provide employees advance notice of their schedules, and would require employers to provide “modification pay” for any changes made with less than seven days’ notice.
Additionally, it requires employers to provide employees at least seven days’ notice of the first day on the work schedule, with the work schedule required to identify all scheduled shifts for at least 21 consecutive days.
SB 985 Individual Alternative Workweek Schedules
Permits individual non-exempt employees to obtain an “employee-selected flexible work schedule” providing for workdays up to ten hours without daily overtime between eight to ten hours worked.
Other topics discussed in this month’s webinar include:
- AB 1513 Piece Rate Compensation
- AB 2337 Employment Protections: Victims of Domestic Violence, Sexual Assault or Stalking
- SBx2 5 E-Cigarettes
- SB 1001 “Immigration-Related Practices” Protections
- AB 1676 Salary History
- AB 1167 Heat Illness Prevention Regulations for Indoor Employees
THE NEXT SHLC MONTHLY WEBINAR
Join us on November 3rd for our next California monthly webinar. The attorneys of SHLC will discuss California Wage and Hour Updates.
CDs and MP3 recordings of our webinars are available for purchase for $30. For more information you can call our office or email us at: firstname.lastname@example.org.