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October 2012



Penalties for Wage Statement Violations


SB 2155 amends Labor Code section 226 to specifically define an “injury” for purposes of violating the itemized wage statement statute. Employers are required to provide specified information to employees on a wage statement each time wages are paid. An employee who “suffers an injury” as a result of an employer knowingly or intentionally failing to comply with the statute is entitled to recover damages against the employer.

Fixed Salaries and Overtime


AB 2103 amends section 515 of the Labor Code to state that payment of a fixed salary to a nonexempt employee will be deemed to be payment only for the employee’s regular nonovertime hours, notwithstanding any private agreement or “explicit mutual wage agreement” to the contrary.

Wage Garnishment

Wage Garnishment(裁判所の命令による給与差し引き)から免除される額が上昇します。

AB 1775 increases the amount of wages that are exempt from garnishment. This amendment is effective July 1, 2013.

Human Trafficking Posting
奴隷、人身売買禁止のポスターを掲示義務。4/1より有効の予定です。Department of Justiceが作成をするので、作成されましたらお知らせします。

SB 1193 requires specified businesses to post an 8.5" x 11" notice on or before
April 1, 2013, that contains information about organizations that provide services to eliminate slavery and human trafficking. The Department of Justice will develop a model notice that complies with the requirements of SB 1193 and make the model notice available. This notice will also be made available on HRCalifornia after the Department of Justice has created it.

Workers’ Compensation Reform

Workers Compensationのルール変更。永久障害への補償増額と雇用者のシステムコスト低減については見送られたが、いくつかの変更点が1/1から導入されます。

SB 863 is workers’ compensation reform legislation supported by the California Chamber of Commerce. The legislation offsets necessary increases in permanent disability benefits and potentially lowers system costs for employers. Some of the legislative reforms take effect January 1, 2013, but many of the laws require administrative/regulatory action before implementation.

Accessibility Reform


SB 1186 limits frivolous litigation regarding technical violations concerning disability access by reducing statutory damages, putting into place new provisions to prevent “stacking” of multiple claims to increase statutory damages and banning letters making demands for money before litigation.

FEHC Eliminated, Duties Transferred to the DFEH

SB 1038 eliminates the California Fair Employment and Housing Commission (FEHC). The biggest change is the manner in which charges of discrimination or harassment are handled. The administrative hearing process before the FEHC is eliminated. Instead, the DFEH will be able to bring civil actions on behalf of a complainant directly in court and require mandatory dispute resolution.

Intellectual Disabilities

AB 2370 and SB 1381 substitute the term “intellectual disability” for the outdated term mental retardation in many statutes and regulations.

Unemployment Insurance: Overpayment and Penalties

AB 1845 provides that the Employment Development Department (EDD) can deny reimbursement to employers for any overpayments made to their unemployment insurance reserve accounts if the EDD determines that the overpayment resulted from employers’ failure to respond to or provide adequate information to the EDD. This new law applies to benefit overpayments established on or after
October 22, 2013.

Prevailing Wage

AB 2677 further defines what constitutes a prevailing wage violation.

Farm Labor Contractors

AB 1675 changes the penalties for failing to license farm labor contractors.

Warehouse Workers

AB 1855 adds warehouse workers to the list of specified contractors subject to sufficient funds requirements.



【New Law】2013年の新しい法律です。


Religion and Reasonable Accommodation

AB 1964 clarifies FEHA’s religious discrimination protections and religious reasonable accommodation requirements.

Sex Discrimination and Breastfeeding

AB 2386 changes the definition of “sex” under FEHA for purposes of discrimination protections to include breastfeeding.

Social Media and Personal Passwords

AB 1844 prohibits employers from requiring or requesting employees or job applicants to provide user names or passwords for personal social media accounts.

Itemized Wage Statements/Temporary Service Employers

AB 1744 is effective July 1, 2013. It amends Labor Code section 226 relating to itemized wage statement and wage notice requirements.

Inspection of Personnel Records

AB 2674 amends Labor Code section 1198.5 relating to inspection and retention of personnel records. The new law makes several significant changes.

Commission Agreements

AB 2675 amends the written commission agreement law (which takes effect on January 1, 2013) to exempt certain types of wage payments from the written agreement requirement.


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