California Adds New Protections To Pregnancy Disability Leave Law


by Sayema Hameed

Existing California law requires employers with five or more employees to provide employees pregnancy disability leave of up to four (4) months before returning to work.  Effective January 1, 2012, California law now also requires an employer to maintain and pay for group health plan coverage for an employee who takes such leave.

California Prohibits “Willful Misclassification” Of Employees As Independent Contractors


by Sayema Hameed

Employers should be careful when treating workers as individual contractors.  Effective January 1, 2012, California now prohibits “willful misclassification” of individuals as independent contractors.  The “willful misclassification” of an individual is defined as “avoiding employee status for an individual by voluntarily and knowingly misclassifying that individual as an independent contractor.”

California Restricts Employers’ Use of Consumer Credit Reports Effective January 1, 2012


by Sayema Hameed

Assembly Bill 22, signed into law by Governor Brown, restricts the use of consumer credit reports by employers.  Effective January 1, 2012, employers and prospective employers (excluding certain financial institutions) will be prohibited from obtaining or using consumer credit reports about employees or job applicants, with limited exceptions. 

California’s Wage Theft Protection Act of 2011 Effective January 1, 2012


by Sayema Hameed

A wide array of new employment laws go into effect in California in 2012.  Among the new laws that will impact the day-to-day operations of employers is the new “Wage Theft Prevention Act of 2011,” which adds Section 2810.5 to the California Labor Code.  Effective January 1, 2012, employers will be required to provide to non-exempt employees, at the time of hiring, a notice including the following information:

  • √ The employer’s rate(s) of pay and how the employee will be paid (salary, hourly, commission);
  • √ The rates for overtime;
  • √ Any allowances claimed as part of the minimum wage, including meal or lodging allowances;
  • √ The employer’s regular payday;
  • √ The employer’s name, including any fictitious business names under which it operates;
  • √ The employer’s physical and mailing addresses; and
  • √ Contact information for the employer’s workers’ compensation insurance carrier.

Employee Rights Notice Posting Requirement Effective April 30, 2012


by Sayema Hameed

Effective April 30, 2012, most private sector employers will be required to post a notice advising employees of their rights under the National Labor Relations Act (“Act”). This notice requirement will apply to most private sector employers (excluding agricultural, railroad, airline, and the US Postal Service) and is meant to inform both unionized and non-unionized employers of their rights under the Act. Employers can get more information and download the notice from the National Labor Relations Board website: https://www.nlrb.gov/poster