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Legislation effective January 1, 2007

Following is a brief description of some of the labor laws that were enacted during 2006. Unless otherwise noted, all laws become effective on January 1, 2007.

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:

2006

AB 372 AB 1835 AB 2095 AB 2613 SB 535 SB 1719
AB 713
(effective 6/27/06)
AB 1995 AB 2362 AB 3051 SB 1468 SB 1852

Discrimination

There is no 2006 legislation regarding Discrimination under the jurisdiction of the DLSE.

Public Works

AB 372 - Chapter 06-262

Subject: Public Contracts: Transit Design Build Contracts (LCPs)

Author: Nation

Sections Affected: An act to amend Sections 20209.5, 20209.7 and 20209.14 of the Public Contract Code, relating to public contracts

Summary: This bill would extend the duration of the provisions of Sections 20209.5, 20209.7 and 20209.14 of the Public Contract Code until January 1, 2011. This bill would expand the definition of a transit operator to include a consolidated agency, as specified. This bill would specify that a transit operator is required to establish a labor compliance program only for a design-build contract and only if the transit operator does not already have a labor compliance program, as specified. This bill would require a transit operator to select the design-build entity, for nonrail transit projects that exceed $2,500,000, based on either the lowest responsible bidder or best value. This bill would authorize the design-build method of procurement for a capital maintenance or capacity-enhancing rail project with project costs of $25,000,000, or more. This bill would also require a transit operator to prepare specific documents regarding a project that will be let to a design-build entity.

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Public Works

AB 713 - Chapter 06-44 (Emergency Clause: Effective 6/27/06)

Subject: Safe, Reliable High-Speed Passenger Train Bond Act for the 21st Century

Author: Torrico

Sections Affected An act to amend Sections 2704.13 and 2704.16 of the Streets and Highways Code, and Sections 3 and 4 of Chapter 697 of the Statutes of 2002

Summary: This bill postpones the election on the High-Speed Rail Bond until November 4, 2008 and removes the prohibition on selling bonds prior to January 1, 2008; however, this bill does not amend Labor Code Section 1771.9 which means unless legislation is enacted to amend Labor Code Section 1771.9, DIR/DLSE's LCP costs related to high-speed rail bond projects may not be funded by bond monies.

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Public Works

AB 2362 - Chapter 06-570

Subject: Public Contracts (LCPs)

Author: Horton

Sections Affected: An act to amend Sections 20919.12 and 20919.15 of the Public Contract Code, relating to public contracts

Summary: This bill extends the sunset date on Los Angeles Unified School District's job order contracting pilot project until December 1, 2012.

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Public Works

SB 535 Chapter 06-244

Subject: Public Contracts (LCPs)

Author: Runner

Sections Affected: An act to amend Section 20175.2 of the Public Contract Code, relating to public contracts

Summary: This bill authorizes the city of Victorville to use the design-build contracting method for the construction of buildings until January 1, 2011 and requires it to establish and enforce an LCP unless it has entered into a collective bargaining agreement.

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Wages, Hours, and Working Conditions

AB 1835 - Chapter 06-230

Subject: Employment: Minimum Wage

Author: Lieber

Sections Affected: Adds Sections 1182.12 and 1182.13 to the Labor Code

Summary: This bill increases the minimum wage from $6.75 to $7.50 per hour effective January 1, 2007 and to $8.00 per hour effective January 1, 2008. This bill requires DIR to increase the permissible meals and lodging credits by the same percentage as the increases in the minimum wage, making the wage credit for a single occupant room $35.27 on January 1, 2007 and $37.63 on January 1, 2008. This bill also requires DIR to amend and republish the IWC wage orders to reflect the increases in the minimum wage and meals and lodging credits and mail copies of the minimum wage order to all employers.

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Wages, Hours, and Working Conditions

AB 1995 - Chapter 06-187

Subject: Trial Court Employees: personnel files

Author: Koretz

Sections Affected: Amends Section 71660 of the Government Code

Summary: This bill amends the Trial Court Employment Protection and Governance Act to specify that trial court employees have a right to inspect any personnel files that are used to determine qualifications for employment, promotion, additional compensation, or termination or other disciplinary action. It therefore removes the existing qualification in Government Code Section 71660(a) granting trial court employees the right to inspect certain "official" personnel records, and ensures that they may inspect their "official" and "unofficial" personnel records

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Wages, Hours, and Working Conditions

AB 2095 - Chapter 06-737

Subject: Employment practices

Author: Niello

Sections Affected: An act to amend Section 12950.1 of the Government Code and to amend Section 204 of the Labor Code, relating to employment.

Summary: This bill amends Government Code section 12950.1 to limit the requirement that companies with 50 of more employees provide at least 2 hours of sexual harassment education and training every two years to supervisory employees within California. The bill would also make technical, nonsubstantive changes to these provisions.

This bill amends Labor Code Section 204 to specify that an employer shall be in compliance with Labor Code Section 226 relating to total hours worked by the employee if the overtime hours are recorded as a correction on the itemized statement for the next regular pay period and include the dates of the pay period for which the correction is being made.

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Wages, Hours, and Working Conditions

AB 2613 - Chapter 06-159

Subject: Overtime Compensation: Private School Teachers

Author: Mullin

Sections Affected: An act to add Section 515.8 to the Labor Code, relating to employment.

Summary: This bill establishes an overtime exemption in the Labor Code for individuals "employed as teachers" at private K-12 schools and defines "employed as a teacher" as meaning the employee meets all of the following requirements: 1) is primarily engaged in the duty of teaching, instructing, or lecturing in the activity of imparting knowledge to students; 2) earns a monthly salary equivalent to not less than two times the state minimum wage for full-time employment; 3) customarily and regularly exercises discretion and independent judgment in performing the duties of a teacher; and 4) has attained a baccalaureate or higher degree from an accredited institution of higher education or is currently in compliance with the requirements set forth by the California Commission on Teacher Credentialing or the equivalent certification authority in another state for obtaining a preliminary or alternative teaching credential.

This bill provides that this overtime exemption shall not apply to any tutor, teaching assistant, student teacher, day care provider, vocational instructor, instructional aide, or similar employee. This bill additionally provides that this overtime exemption shall be in addition to, and shall not limit or supersede any exemption from overtime established by a Wage Order of the IWC for persons employed in a professional capacity, and shall not affect any exemption from overtime established for persons employed in an executive or administrative capacity.

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Wages, Hours, and Working Conditions

AB 3051 - Chapter 06-824

Subject: Wages of Motion Picture Employees

Author: Koretz

Sections Affected: An act to repeal Section 201.5 of the Labor Code, and add new Labor Code Section 201.5, relating to employment.

Summary: This bill replaces existing Labor Code Section 201.5 with a new Labor Code Section 201.5 which:
  • Defines an "employee engaged in the production or broadcasting of motion pictures" as an employee working on theatrical motion pictures, television and cable programs, music videos or any other moving images, and whether presented by means of film, tape, live broadcast, cable, satellite transmission, web cast or any other technology that is now in use or may be adopted in the future.
  • Specifies that an employee engaged in the production or broadcasting of motion pictures whose employment is terminated may receive payment of the wages earned and unpaid by the next regular payday.
  • Specifies that "terminates employment" means when the employment relationship ends whether by discharge, lay off, resignation, completion of employment for a specified term, or otherwise.
  • Provides that employers and employees who work in the production or broadcasting of motion pictures and who are covered by a CBA may agree to alternate provisions for the final payment of wages.

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Wages, Hours, and Working Conditions

SB 1468 - Chapter 06-656

Subject: Licensing and Registration: Car Washes

Author: Alarcon

Sections Affected: An act to amend Section 2067 and add Section 2068 to the Labor Code, relating to car washes

Summary: This bill extends the sunset date of the car washing and polishing registration program until January 1, 2010 and requires the Labor Commissioner to study and report to the Legislature by December 31, 2008 on the status of labor law violations and enforcement in the car washing and polishing industry.

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Wages, Hours, and Working Conditions

SB 1719 - Chapter 06-685

Subject: Payment of Wages: Employees working at Live Theatrical or Concert Events

Author: Cedillo

Sections Affected: This bill would permit specified employees working in the entertainment industry and their employers to enter into a collective bargaining agreement to establish a time limit for payment of wages after an employee is discharged or laid off.

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Wages, Hours, and Working Conditions

SB 1852 - Chapter 06-538

Subject: Maintenance of the Codes (Code Cleanup)

Author: Judiciary Committee

Sections Affected: An act to amend Sections 98(a), 226.4, 243, 270.6, 1182.6, 1289, 1301, 1302, 2686, and 2855 of the Labor Code

Summary: This bill would make technical, nonsubstantive changes in various provisions of law to effectuate the recommendations made by the Legislative Counsel to the Legislature.

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