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  • New Employment Laws for the New Year

    The following laws were passed last year and are in effect for 2007:

    AB 1835: State Minimum Wage Increase
    As we previously reported, California increased minimum wage to $7.50 per hour effective January 1, 2007, and it will increase again on January 1, 2008, to $8.00 per hour. This not only effects minimum wage earners, but also many exempt employees who must receive at least two times the current minimum wage.

    SB 1441: Prohibition Against Sexual Orientation Discrimination by Recipients of State Funds
    Government Code section 11135 is amended to prohibit sexual orientation discrimination by any program or activity conducted, operated or administered by the state, or that receives any financial assistance from the state – including unemployment insurance, disability insurance, worker’s compensations, and services such as police and fire protection, financial aid, social services and food stamps. The amended Government Code adopts the Fair Employment and Housing Act’s definition of “sexual orientation” and includes a perception that a person has any of the enumerated characteristics.

    AB 2095: Mandatory Sexual Harassment Training Limited to California Supervisors and Modification of Pay Stub Requirements
    While the FEHC adopts regulations implementing the bi-annual sexual harassment training for supervisors, the legislature stepped in to make sure that the law only applies to supervisors actually located in California.

    Because employers are not required to pay overtime pay until the pay period following the pay period in which the overtime hours are worked, AB 2095 allows employers to show the overtime hours worked in the current pay period as itemized corrections on the next pay stub. Employees can then see both the payment and the hours worked on one pay stub. The pay stub must identify the dates of the pay period to which it refers.

    AB 2068: Extension of Right to Designate Workers’ Compensation Doctor
    Employees’ right to designate their Workers’ Compensation doctor is extended to December 31, 2009.

    AB 2440: New Penalties for Failing to Report Income to “Deadbeat” Parents
    Employers that fail to report to the EDD any income paid to employees or independent contractors could get hit with penalties under newly added Civil Code Sections 1714.4 and 1714.41. Any person or business entity that knowingly assists a child support obligor to evade or avoid paying court-ordered child support by failing to report income can be liable for up to three times the value of the assistance provided.

    AB 2613: Clarification Regarding Exempt Status of Private School Teachers
    AB 2613 clarifies that most teachers employed at private, academic schools teaching Kindergarten through High School are exempt from California’s overtime regulations.

    The Law Office of Phillip J. Griego
    95 South Market Street, Suite 520
    San Jose, CA 95113
    Tel. 408-293-6341
    Original article by Robert E. Nuddleman, former associate of The Law Office of Phillip J. Griego.

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    Phillip J. Griego represents employees and businesses throughout Silicon Valley and the greater San Francisco Bay Area including Palo Alto, Menlo Park, Mountain View, Los Altos, San Jose, the South Bay Area, Campbell, Los Gatos, Cupertino, Morgan Hill, Gilroy, Sunnyvale, Santa Cruz, Saratoga, and Alameda, San Mateo, Santa Clara, San Benito, Mendocino, and Calaveras counties.