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Legislation effective January 1, 2006

Following is a brief description of some of the labor laws that were enacted during 2005. Unless otherwise noted, all laws become effective on January 1, 2006.

To find legislation by topic, click the following links:

Discrimination

Public Works

Wages, Hours, and Working Conditions


To find legislation by bill number, click the following links:

2005

AB 139
(effective 7/05)
AB 145
(effective 7/05)
AB 414 AB 1027 AB 1093 AB 1311 AB 1734 SB 101
(effective 7/05)
SB 184 SB 759

Discrimination

There is no 2005 legislation regarding Discrimination under the jurisdiction of the DLSE.

Public Works

AB 414 - Chapter 05-606

Subject: Labor Compliance Programs: third party providers

Author: Klehs

Sections Affected: An act to amend Section 1771.7 of the Labor Code, relating to labor compliance programs.

Summary: This bill specifies that a third party who performs this function on a contract basis may not review payroll records of its own employees or the employees of its subcontractors, and that those records must instead be reviewed by the awarding body or by an independent third party.

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Public Works

SB 759 - Chapter 05-500

Subject: Public works: payroll records

Author: Maldonado

Sections Affected: An act to amend Section 1776 of the Labor Code, relating to public works.

Summary: This bill clarifies that certified payroll information may be submitted by a computer printout.

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Wages, Hours, and Working Conditions

AB 139 - Chapter 05-74 (effective 7/05)

Subject: State government

Author: Committee on Budget (Laird (Chair), Arambula, Bermudez, Chan, Coto, De La Torre, Dymally, Evans, Goldberg, Hancock, Montanez, Mullin, Nava, Parra, Pavley, and Wolk)

Sections Affected: An act to amend. Section 96.7 of the Labor Code, ., relating to state government, making an appropriation therefor, and declaring the urgency thereof, to take effect immediately.

Summary: This bill requires the State Controller to transfer the unencumbered balance in the Industrial Relations Unpaid Wage Fund, less six months of expenditures as determined by the Director of the Department of Finance, to the General Fund at the end of each fiscal year.

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Wages, Hours, and Working Conditions

AB 145 - Chapter 05-75 (effective 7/05)

Subject: Budget Act of 2005: Court fees

Author: Committee on Budget (Laird (Chair), Arambula, Bermudez, Chan, Coto, De La Torre, Dymally, Evans, Goldberg, Hancock, Montanez, Mullin, Nava, Parra, Pavley, and Wolk)

Sections Affected: An act to amend . Section 98.2 of the Labor Code, .relating to courts, and declaring the urgency thereof, to take effect immediately.

Summary: This bill requires the court to charge the first uniform filing fee under Section 70611 of the Government Code to the party seeking review, requires that the fee be distributed pursuant to Section 68085.3 of the Government Code, and increases the fee from $185 to $320.

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Wages, Hours, and Working Conditions

AB 1027 - Chapter 05-428

Subject: Criminal investigations

Author: Horton, J

Sections Affected: An act to amend Section 11751.71 of the Insurance Code, and to add Section 19529 to the Revenue and Taxation Code, relating to criminal investigations.

Summary: This bill requires the Franchise Tax Board (FTB) to notify the Contractors State License Board (CSLB), the Director of Employment Development, the Economic and Employment Enforcement Coalition, and the Joint Enforcement Strike Force on the Underground Economy when the FTB files criminal charges or arraigns any individual licensed by the CSLB. The bill also requires the Workers' Compensation Insurance Rating Bureau (WCIRB) to provide CSLB, upon request, any information that would assist in identifying licensed contractors who fail to secure workers' compensation insurance.

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Wages, Hours, and Working Conditions

AB 1093 - Chapter 05-149

Subject: Employment: wages

Author: Matthews

Sections Affected: An act to amend Sections 213 and 515.5 of the Labor Code, relating to employment.

Summary: This bill authorizes an employer to pay the wages earned by an employee by direct deposit when he/she quits or is discharged if the employee authorizes the employer to do so. It also clarifies that computer software employees who earn $41 or more per hour are exempt from overtime pay even though they are not designated as "hourly" but "salaried" employees.

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Wages, Hours, and Working Conditions

AB 1311 - Chapter 05-405

Subject: Labor Standards: enforcement hearings

Author: Committee on Labor & Employment

Sections Affected: An act to amend Sections 98 and 98.1 of the Labor Code, relating to labor standards.

Summary: This bill authorizes the Labor Commissioner to serve copies of complaints, orders or decisions on parties as provided in the rules for valid service of a summons in a civil action. This allows for leaving a copy of the summons and complaint at the home or office of the person being served and thereafter mailing a copy of the summons and complaint to the person by first class mail at the place where a copy of the summons and complaint were left in addition to those methods already provided for under existing law.

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Wages, Hours, and Working Conditions

AB 1734 - Chapter 05-414

Subject: Private employment: meal periods

Author: Koretz

Sections Affected: An act to amend Section 512 of the Labor Code, relating to employment.

Summary: This bill provides that existing terms and conditions relative to meal periods that are contained in valid collective bargaining agreements (CBAs) of employees in the motion picture industry or the broadcasting industry are applicable in lieu of provisions relative to meal period contained in the Labor Code and Industrial Welfare Commission Wage Orders 11 and 12.

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Wages, Hours, and Working Conditions

SB 101 - Chapter 05-103 - (effective 7/05)

Subject: Employee compensation

Author: Battin

Sections Affected: An act to amend Section 226 of the Labor Code, relating to employee compensation, and declaring the urgency thereof, to take effect immediately.

Summary: This bill requires an employer to include only the last four digits of the employee's social security number (SSN) or an employee number on the itemized statement that is provided to the employee with his paid wages. This bill is cleanup legislation for SB 1618 (Chapter 860, Statutes of 2004) and contains an urgency clause.

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Wages, Hours, and Working Conditions

SB 184 - Chapter 05-46

Subject: Talent Agencies

Author: Murray

Sections Affected: An act to amend Section 1700.15 of the Labor Code, relating to talent agencies.

Summary: This bill increases from $10,000 to $50,000 the amount of the surety bond required of talent agencies before their license may be issued or renewed in order to provide a greater deterrence for violations of the Talent Agencies Act in the Labor Code.

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