AB 1675 was signed by Governor Brown to increase the penalties farm labor contractors face where failing to become properly licensed by the Labor Commissioner. Previous law required farm labor contractors to be licensed by the Labor Commissioner. Under that law, violators were guilty of a misdemeanor punishable by specified fines, or imprisonment in the county jail for not more than 6 months, or both. AB 1675 increased the penalties associated with failing to become licensed as a farm labor contractor, allowing the Labor Commissioner to not only issue citations to violators of the law, but assess civil penalties that increase with the number of citations issued. Any civil penalties collected will be deposited into the Farmworker Remedial account be available, upon appropriation by the Legislature, for purposes of regulating farm labor contractors. (AB 1675; amended Labor Code § 1683.)
Don’t Let Political Debates Disrupt Workplace Goals
Now that the first presidential debate has taken place, and as the country heads into the last month of campaigning in this election year, employers should make certain that their personnel policies properly address political activities in the workplace. Such policies should require managers, supervisors, and employees to show respect across political-party lines to avoid internal conflicts. Having and enforcing such policies also may help to diminish the risk of alienating customers who otherwise might find themselves confronted with competing political philosophies when visiting an employer’s establishment.
Continue Reading Don’t Let Political Debates Disrupt Workplace Goals
Background Checks Required For Some Working With Minors In Entertainment Industry
By: James Kachmar
Governor Jerry Brown recently signed AB1660 into law. Introduced by Assembly Member Nora Campos, AB1660 amends the Labor Code to require certain people working with minors in the entertainment industry to apply for a Child Performer Services permit and submit to a criminal background check. The bill also prohibits registered sex offenders from working with minors in the entertainment industry and imposes criminal sanctions for violation of its provisions.
Continue Reading Background Checks Required For Some Working With Minors In Entertainment Industry
Amendments to Labor Code §226 Clarify Employers’ Wage Statement Obligations and Add Specific Requirements for Temporary Services Employers
Governor Brown recently approved SB 1255, AB 1744 and AB 2674, amending existing Labor Code section 226 relating to wage statements. Existing law requires all employers to provide employees with accurate itemized statements with specific information, either semimonthly or at the time of each payment of wages. Penalties up to $4,000 or actual damages, plus attorneys’ fees and costs, can be imposed on employers who willfully violate these requirements. Now, wage statements for temporary services employees must contain additional information. New law also clarifies when an employee has suffered an “injury” for purposes of obtaining the penalties, and provides employers with an affirmative defense for inadvertent, one-off violations.
Governor Brown Signed AB 2103 to Make Clear that “MUTUAL WAGE AGREEMENTS” ARE ILLEGAL IN CALIFORNIA
As the L&E Law Blog readers may recall from the August 31, 2011 blog post and the teleseminar I conducted on September 14, 2011, the court in Arechiga v. Dolores Press, Inc. (2011) 192 Cal. App. 4th 567 was the sole California decision that held that “mutual wage agreements” were legal in California despite the express language in section 515 of the Labor Code.