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Legislation effective January 1, 2009

Following is a brief description of some of the labor laws that were enacted during 2008. Unless otherwise noted, all laws become effective on January 1, 2009.

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:

2008

AB 10
(Effective 9/30/08)
AB 387 AB 2075 AB 2537 AB 3060 AB 3079 SB 940 SB 1241 SB 1352 SB 1362


Discrimination

There is no 2008 legislation regarding Discrimination under the jurisdiction of the DLSE.



Public Works

AB 387 - Chapter 185, Statutes of 2008

Subject: Design Build

Author: Duvall

Sections Affected: Amends Section 20209.7 of the Public Contract Code

Summary: This bill authorizes transit agencies to use the design-build process, with no cost threshold, for the procurement of technology or surveillance equipment that enhances safety, disaster preparedness, and homeland security efforts necessary to protect passengers and equipment. This bill also requires that, in addition to the construction industry, transit operators, and other affected parties, the Director of the Department of Industrial Relations must consult with building trades in the preparation of the questionnaire required by Public Contract Code section 20209.7(e).

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Public Works

AB 2537 - Chapter 678, Statutes of 2008

Subject: Public works: volunteers

Author: Furutani

Sections Affected: Amends Section 1720.4 of the Labor Code

Summary: This bill extends, until January 1, 2012, the exclusion from the application of the law governing "public works," any work performed by a volunteer, a volunteer coordinator, or by members of the California Conservation Corps or of certified Community Conservation Corps, as defined. This bill contains other related provisions including the requirement that the Director submit a written report to the Legislature by January 1, 2011 and states legislative findings and declarations regarding the intent of the bill.

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Public Works

SB 1352 - Chapter 402, Statutes of 2008

Subject: Liquidated damages following the service of the assessment

Author: Wyland

Sections Affected: Amends and repeals Section 1742 and amends Section 1742.1 of the Labor Code

Summary: The bill revises the procedure for assessing liquidated damages against contractors who fail to pay prevailing wages on public works projects. The bill provides that there shall be no liability for liquidated damages if the full amount of the assessment or notice, including penalties has been deposited with the Department of Industrial Relations (DIR), within 60 days following service of the assessment or notice, for the DIR to hold in escrow pending administrative and judicial review, with specified provisions for distribution. The bill allows the Director to exercise his or her discretion to waive payment of liquidated damages with respect to that portion of the unpaid wages where a subcontractor demonstrates substantial grounds for appeal, as specified. In addition, the bill will continue to permit the Director of DIR or a designee hearing officer to hold hearings on and review civil wage and penalty assessments.

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Wages, Hours, and Working Conditions

AB 10 - Chapter 753, Statutes of 2008 - Effective 9/30/08

Subject: Overtime exemption for computer software employees

Author: Committee on Budget

Sections Affected: Amends Labor Code section 515.5(a)(4)

Summary: This bill relates to exemption from the requirement that an overtime rate of compensation be paid pursuant to section 510 and broadens the existing overtime exemption for computer software employees by applying the exemption to those workers who receive not less than $36 for each hour worked in each work week as well as those who are paid an annual salary of not less than $75,000 for full-time employment, and paid not less than $6,250 per month.

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Wages, Hours, and Working Conditions

AB 2075 - Chapter 224, Statutes of 2008

Subject: Wages: Execution of release of right or claim

Author: Fuentes

Sections Affected: Amends Labor Code section 206.5

Summary: This bill makes non-substantive and clarifying changes, and to define "execution of a release". It prohibits an employer from requiring an employee, as a condition of being paid, to execute a statement of the hours worked during a pay period that the employer knows to be false.

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Wages, Hours, and Working Conditions

AB 3060 - Chapter 55, Statutes of 2008

Subject: Contractors: License Enforcement

Author: Committee on Labor and Employment

Sections Affected: Amends Labor Code section 1024

Summary: Labor Code section 226.2 was repealed in 1987. This bill deletes a reference to section 226.2 which now exists in section 1024 of the Labor Code.

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Wages, Hours, and Working Conditions

AB 3079 - Chapter 306, Statutes of 2008

Subject: Board of Equalization Information Sharing

Author: Committee on Revenue and Taxation

Sections Affected: Adds section 64.5 to the Labor Code

Summary: This bill creates statutory authority specifically authorizing the Department of Industrial Relations (DIR) to transmit information to the State Board of Equalization (BOE) that indicates a retail establishment is operating without a seller's permit required by the State Board of Equalization, to assist the BOE in determining compliance with the Sales and Use Tax Law (Part 1 (commencing with Section 6001) of Division 2 of the Revenue and Taxation Code). This bill also amends Sections 7342, 7470, and 60135 of, amends the heading of Article 3 commencing with Section 7470) of Chapter 4 of Part 2 of Division 2 of, adds Sections 6487.06, 7652.8, and 60204.6 to, and repeals Section 7076.5 of, the Revenue and Taxation Code, relating to taxation.

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Wages, Hours, and Working Conditions

SB 940 - Chapter 169, Statutes of 2008

Subject: Payment upon Discharge

Author: Yee

Sections Affected: Amends sections 203, 203.1, 204, 210, 215, 220 and 2699.5, and adds Section 201.3 to the Labor Code

Summary: This bill was introduced to address uncertainties concerning the timing of payment of wages for temporary employees resulting from the California Supreme Court's decision in Smith v. L'Oreal (2006) 39 Cal.4th 77. The bill defines temporary services employers and requires that, unless otherwise excluded as specified, employees of temporary services employers must be paid no less frequently than weekly, and imposes Labor Code section 203 penalties upon employers who violate its provisions.

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Wages, Hours, and Working Conditions

SB 1241 - Chapter 699, Statutes of 2008

Subject: Public Safety Omnibus Bill

Author: Margett

Sections Affected: Amends Labor Code section 227

Summary: A public safety omnibus bill, SB 1241 amended Labor Code section 227 to conform with existing determinate sentencing laws. This bill also amends Section 56.103 of the Civil Code, amends Sections 3130, 3425, and 3448 of the Family Code, amends Sections 1031 and 15029 of the Government Code, repeals Section 11648 of the Health and Safety Code, amends Sections 290.3, 538d, 830.2, 1126, 1170.11, 1298, 11102.1, 11112.5, 11167.5, 12020, 12076, 12082, 13825.3, and 14204 of, and repeals Section 12091 of, the Penal Code, amends Sections 10652, 13352, and 40002 of the Vehicle Code, and amends Sections 731.1, 733, 1731.5, 1766, and 1767.35 of the Welfare and Institutions Code, relating to public safety.

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Wages, Hours, and Working Conditions

SB 1362 - Chapter 716, Statutes of 2008

Subject: Electrician Certification

Author: Margett

Sections Affected: Amends Labor Code section 3099.2

Summary: This bill requires the Chief of the Division of Apprenticeship Standards (DAS) within the Department of Industrial Relations to develop a process for referring cases to the Contractors' State License Board (CSLB) when it has been determined a violation of electrician certification statutes has likely occurred. The bill requires the CSLB to perform certain duties upon receipt of a referral from DAS and authorizes the CSLB to charge electrical contractors a fee to be used by CSLB to enforce provisions of the bill. This bill also amends Business and Professions Code section 7137.

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