EMPLOYMENT LAW
Statute of Limitations for Hate Crimes:
California Civil Code Section 51.7 prohibits "hate crimes," which are defined as violence, or intimidation by threat of violence, committed because of an individual's race, color, religion, ancestry, national origin, political affiliation, sex, sexual orientation, age, disability, or position in a labor dispute, or because another person perceives that person to have any of these characteristics. Among other damages, a civil penalty of $25,000 may be awarded.
Under existing law, hate crime victims must bring a civil action within one year of the underlying incident. However, research has shown that for many such victims, bringing a civil action within one year is neither advisable nor feasible. Criminal proceedings often take over one year, and a civil proceeding may substantially hinder the criminal prosecution.
AB 378 extends the statute of limitations for the commencement of a civil action relating to hate crimes to three years.
Workplace Violence Safety Act:
AB 429 adds to the requirements under the Workplace Violence Safety Act, which generally provides a means for employers to seek a temporary restraining order or injunction against anyone who poses a threat to the workplace, such as a disgruntled former employee or client, or the spouse of an employee who is a victim of domestic violence.
A workplace protective order protects not only the victim of the threat or violence, but also the victim's co-workers. Under current law, after the protective order is obtained, the employer must serve the order on the perpetrator to ensure he or she has notice and therefore is subject to enforcement for violations of the order.
Workplace protective orders often are difficult for employers to serve, as the location of the perpetrator can be difficult to ascertain. AB 429 is intended to make the process easier. The new law requires law enforcement officers responding to the scene of reported unlawful violence or a credible threat of violence to provide the perpetrator with verbal notice of the protective order.
The officer's verbal notice of the terms of the order constitutes service of the order and sufficient legal notice. Once verbal notice of the order has been given, the employer need only mail an endorsed copy of the restraining order to the individual within one day. This relaxation of the service requirements will make it less difficult for employers to protect employees from violence or the threat of violence.
Payment of Wages on Separation of Employment:
AB 1093 modifies existing law relating to the payment of wages upon separation of employment to provide if an employee is discharged or quits, the employer may pay the wages due through direct deposit if the employee already is receiving his or her paycheck in that manner.
The new law does not change the timing of the final wage payment. If an employee is terminated or resigns with at least 72 hours notice, payment is due at the time of termination. If the employee resigns with less than 72 hours notice, the employer has 72 hours to pay the employee any final wages due.
Service of Documents by the DLSE:
Under current law, following a labor hearing order, decision, or award, the California Division of Labor Standards Enforcement must "serve" a copy of such document on the parties personally or by first-class mail.
AB 1311 permits these documents to be served as provided in the rules for service of a summons in a civil action. This may include leaving a copy of the document at the home or office of the person being served, and subsequently mailing a copy of the document to the person at the same location.
Unruh Act: Sexual Orientation and Marital Status:
The Unruh Civil Rights Act ("Unruh Act") prohibits business establishments from discriminating on the basis of sex, race, color, religion, ancestry, national origin, disability, or medical condition, and provides civil remedies for violations.
Because marital status and sexual orientation are not explicitly listed in the Unruh Act and the term "sex" does not include gender identity, it has been unclear whether these categories are protected under the Unruh Act. AB 1400 clarifies the Unruh Act to explicitly prohibit discrimination on the basis of marital status or sexual orientation.
Statute of Limitations for Certain Fair Employment and Housing Act Violations:
AB 1669 extends the one-year statute of limitations for filing a claim for violation of the California Fair Employment and Housing act ("FEHA") with the Department of Fair Employment and Housing ("DFEH") if the violation was committed when the employee was under the age of 18. Under the new law, the statute of limitations for such a complaint will be one year after the employee's 18th birthday.
Employee Paychecks:
California Labor Code section 226 currently requires employers to furnish employees with an accurate itemized paycheck that includes, among other things, the employee's name and social security number. In recent years, this requirement raised serious concerns about identity theft in case the paycheck was lost or stolen
Last year, section 226 was amended to preclude an employer from including an employee's social security number on paychecks. Instead, employers are required, by January 1, 2008, to include no more than the last four digits of an employee's social security number or an existing "employee identification number."
SB 899 left open the issue of whether the existing employee identification number could be the employee's social security number. SB 101 resolves this ambiguity and clarifies the identification number must not be the employee's social security number.
Public Employees' Retirement: Rights of Registered Domestic Partners:
Under current law, registered domestic partners are treated differently than marital spouses for the purposes of public employees retirement law. SB 973 amended various sections of the Public Employees' Retirement Law and the Teachers' Retirement Law to require that the registered domestic partner of a member be treated in the same manner as a spouse.
