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Legislation effective January 1, 2010

Following is a brief description of some of the labor laws that were enacted during 2009. Unless otherwise noted, all laws become effective on January 1, 2010.

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:

2009

ABX2 5
(Effective 5/21/09)
AB 66 AB 236 AB 485 AB 854 AB 1319 SB 313
(Effective 1/1/11)


Discrimination

There is no 2009 legislation regarding Discrimination under the jurisdiction of the DLSE.





Public Works

There is no 2009 legislation regarding Discrimination under the jurisdiction of the DLSE.





Wages, Hours, and Working Conditions

ABX2 5 - Chapter 3, Statutes of 2009 - Effective 5/21/09

Subject: Alternative Workweek Schedules

Author: Gaines

Sections Affected: Amends Labor Code section 511

Summary: Defines "work unit" and authorizes inclusion of a regular schedule of 8-hour days in the menu of work schedule options, with specified overtime compensation. The bill authorizes employees, with the consent of their employer, to move on a weekly basis from one work schedule to another on the adopted menu of work schedule options. (Note: This bill was adopted during the special session of the California Legislature, which adjourned on February 19, 2009. Special session bills become effective on the 91st day after adjournment of the session pursuant to Cal. Constitution Art. 4, sec. 8(c)(1))

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Wages, Hours, and Working Conditions

AB 66 - Chapter 214, Statutes of 2009

Subject: Pupil work permits

Author: Anderson

Sections Affected: Amends Section 49110 of the Education Code, relating to schools

Summary: This bill authorizes the principal of a public or private school, subject to specified requirements and conditions, to issue, or designate another administrator in the school to issue, work permits to pupils who attend the school. The bill requires that the hour limitations that apply to a work permit issued by any of the officials or employees authorized to issue work permits be based on the school calendar of the school the pupil attends.

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Wages, Hours, and Working Conditions

AB 236 - Chapter 223, Statutes of 2009

Subject: Car Washes

Author: Swanson

Sections Affected: Amends Sections 2051 and 2067 of the Labor Code, relating to car washes

Summary: This bill extends that repeal date to January 1, 2014, and would specify that a new motor vehicle dealer or an automotive repair dealer, as those terms are defined, is not an employer for purposes of these regulatory provisions.

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Wages, Hours, and Working Conditions

AB 485 - Chapter 242, Statutes of 2009

Subject: Civil Air Patrol: California Wing: employment leave

Author: Carter

Sections Affected: Adds Part 5 (commencing with Section 1500) to Division 2 of the Labor Code

Summary: This bill requires employers employing more than 15 employees to provide not less than 10 days per year of leave, beyond any leave benefits otherwise available to employees, to employees who have been employed by that employer for at least 90 days immediately preceding the commencement of leave, who are volunteer members of the California Wing of the Civil Air Patrol, and who have been duly directed and authorized by a political entity that has the authority to authorize an emergency operational mission of the California Wing of the Civil Air Patrol, to respond to an emergency operational mission of the California Wing of the Civil Air Patrol. The employee is required to give the employer as much notice as possible of the intended dates upon which the leave would begin and end. The bill requires an employer, upon expiration of the Civil Air Patrol leave taken by an employee, to restore the employee to the position he or she held when the leave began or to a position with equivalent seniority status, employee benefits, pay, and other terms and conditions of employment, unless the employee is not restored because of conditions unrelated to the exercise of the leave rights by the employee. The bill provides that an employer is not required to grant Civil Air Patrol leave to Civil Air Patrol employees who are required to respond as first responders or disaster service workers for a local, state, or federal agency to the same or a simultaneous emergency operational mission. This bill contains other related provisions regarding authorization to bring civil action to enforce leave rights.

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Wages, Hours, and Working Conditions

AB 854 - Chapter 256, Statutes of 2009

Subject: Employment regulation and supervision: unpaid wages

Author: Arambula

Sections Affected: Adds Section 273 to the Labor Code, relating to employment

Summary: This bill requires an applicant for licensure as a farm labor contractor, for registration as a garment manufacturer, for renewal or reinstatement of the license or registration, and for a change in key personnel, to submit a statement as to whether he or she has satisfied all requirements involving unpaid wages in a final court judgment, as defined, a final order issued by the commissioner, or an accord. The bill subjects any person who provides false information on the statement to a civil penalty, as specified. The bill requires the commissioner to deny the application if the statement shows unpaid wages, unless the applicant submits a bond or cash deposit to guarantee payment of the wages or a notarized accord demonstrating satisfaction of the obligation. The bill requires the commissioner to suspend the license or registration of a farm labor contractor or a garment manufacturer who made a false representation in the statement and would make reinstatement contingent on the applicant demonstrating compliance with the unpaid wages requirements or submitting an accord showing satisfaction of that obligation. The bill requires a licensee or registrant to notify the commissioner within 90 days of a final court judgment, final order issued by the commissioner or an accord imposing requirements relating to unpaid wages and submit with the notice security, as previously described, for the unpaid wages. The bill prohibits a licensee or registrant from having a person who is a named judgment debtor in a final court order or order issued by the commissioner for unpaid wages serving in a key personnel capacity and would require the commissioner to suspend the license or registration of a person who violates this prohibition. The bill requires a licensee or registrant to pay to the Labor Commissioner all reasonable costs incurred in adverse license or registration activities, as defined, under its provisions.

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Wages, Hours, and Working Conditions

AB 1319 - Chapter 286, Statutes of 2009

Subject: Talent Services

Author: Krekorian

Sections Affected: Repeals and adds Chapter 4.5 (commencing with Section 1701) of Part 6, Division 2, of the Labor Code

Summary: This bill repeals and rewrites California's Advance-Fee Talent Services Act eliminating the existing provisions governing Advance-Fee Talent Services. Chapter 4.5 creates a new category of "Fee-Related Talent Services". Article 1 of Chapter 4.5 provides detailed definitions of "audition" and "fee" and these services would consist of "talent counseling services", "talent listing services" (including database search or access to artist self-directed database search) and "talent training services" as defined in the bill. The bill also defines "talent scouts." Article 2 of Chapter 4.5 provides that no person shall own, operate or refer a person to an advance-fee talent representation service and provides definition of "advance-fee talent representation service." The bill requires specific language and provisions that must be included in all contracts and provides for a 10 day cancellation period. The bill would require talent services to file a $50,000 bond or deposit in lieu of the bond required pursuant to section 995.710 of the Code of Civil Procedure with the Labor Commissioner. The bill would make a willful violation of its provisions a misdemeanor and subject to a civil action.

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Wages, Hours, and Working Conditions

SB 313 - Chapter 640, Statutes of 2009 - EFFECTIVE DATE 1/1/11

Subject: Penalty Assessments for Unlawfully Uninsured Workers

Author: DeSaulnier

Sections Affected: Amends Section 3722 of the Labor Code

Summary: This bill increases the potential penalty assessment from $1,000 to $1,500 per employee employed at the time a "stop order" is issued and served and modifies existing alternative methods of "greater than" penalty calculations and amounts to be imposed on employers based on periods in which the employer has been unlawfully uninsured for workers' compensation.

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