New 2019 Labor Laws

California

Construction employees excluded from coverage under the Private Attorneys General Act if covered by a collective bargaining agreement that includes an express waiver of PAGA rights.

Lactation accommodation now require employers to provide a location other than a bathroom to express milk.

Requires updated human trafficking notice to be posted by employers in public transportation, emergency rooms, hotels, rest areas. Also requires training for mass transit employees on how to spot victims of human trafficking.

Employer may not ask interview questions concerning salary history and may not make a hiring decision based on salary history.  The candidate may volunteer such information and the employer may use that info9rmation in making a hiring decision. Employers must disclose pay scales for positions if asked.

Talent agencies to distribute anti-harassment materials, along with information about nutrition and eating disorders.

Home Care Aide Registry Authorized to disclose of contact information to labor unions.

Seven-day waiting period for the initial receipt of insurance benefits under the California Family Temporary Disability Act is eliminated as is the provision allowing employers to apply vacation leave to the waiting period.

Commercial drivers authorized to commence a meal period after 6 hours of work, if transporting nutrients and byproducts from a licensed commercial feed manufacturer to a customer located in a remote rural location to commence a meal period their regular rate of pay is no less than one and one-half times the state minimum wage and the driver receives overtime compensation in accordance with specific provisions of existing law

Former employer allowed to state it would not rehire a former employee because the employer determined the former employee engaged in sexual harassment.

Any settlement that waives a party’s right to testify about criminal conduct or sexual harassment committed by the other party is void.

Adds as possible defendants in a civil rights action those who hold themselves out as able to help the plaintiff establish a business, service, or professional relationship with the defendant or a 3rd party. Includes investors, elected officials, lobbyists, directors, and producers.

Provisions in settlement agreements that prevent disclosure of information related to claims of sexual assault, harassment, and discrimination are now prohibited.

Publicly held corporations must now have a minimum number of women on their board of directors depending on the number of the board.

Servicemember entitled to paid leave for to participate in a qualifying exigency related active duty or call to active duty of a spouse, domestic partner, child, or parent in the armed forces of the United States.

Current and former employees entitled to a copy of their wage record that they can keep.

By January 1, 2020, employers with five or more employees must provide at least two hours of sexual harassment training to all supervisory employees and at least one hour of sexual harassment training to all nonsupervisory employees and once every two years thereafter.

Employer are exempt from restriction on inquiring about an applicant’s prior arrest and detention record, regardless of whether the conviction has been expunged, judicially ordered sealed, statutorily eradicated, or judicially dismissed following probation, if the job requires carrying a firearm, or the conviction info is required by state of federal law.

Minors seeking to participate in government-administered programs during school breaks may not be denied work permits based on grades, GPA, or school attendance.

Employers prohibited from discharging or halting benefits of an employee for being a member of the military reserve or because of ordered military duty or training.

Human Trafficking Training: Hotels and Motels Requires hotels and motels subject to the Fair Employment and Housing Act (FEHA) to provide at least 20 minutes of training regarding human trafficking awareness to each employee likely to interact or come into contact with victims of human trafficking.

California Consumer Privacy Act now allows consumers to recover damages from a business if the business does not use reasonable security procedures to protect confidential information and a breach occurs.

Federal

 

Executive Order 13658 Increases to $10.60 per hour the wage rate that generally must be paid to workers performing work on or in connection with covered contracts; increases to 7.40 per hour the required minimum cash wage that generally must be paid to tipped employees performing work on or in connection with covered contracts.

Employee Benefits Security Administration rules expanded exemptions to protect moral and religious beliefs for entities and individuals whose health plans mandate contraceptive coverage pursuant to the Patient Protection and Affordable Care Act.

OSHA Rule amends standards for construction employers concerning the training, certification or licensing, and evaluation of crane and derrick operators

 

 

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