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Legislation effective January 1, 2003

Following is a brief description of some of the labor laws that were enacted during 2002. Unless otherwise noted, all laws become effective on January 1, 2003.

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:

2002

AB 1448 AB 2895 AB 1506 AB 2957 AB 2195
SB 278 AB 2412 SB 1471 AB 2509 SB 1818

Discrimination

AB 2195 - Chapter 02-275

Subject: Workplace Protections

Author: Corbett

Sections Affected: Amending Labor Code 230 and 230.1

Summary: This bill prohibits an employer from discharging or acting in a discriminatory manner against an employee who engages in specified activities related to attending court, seeking help, or other assistance on account of being a victim of sexual assault.  This bill authorizes an employee who is a victim of sexual assault to use paid or unpaid leave in order to attend to such activities.  An employee may file a complaint within one year of the occurrence of an employer's violation of the provisions of the bill with the Labor Commissioner.

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Discrimination

AB 2895 - Chapter 02-934

Subject: Private employment: working conditions

Author: Shelley

Sections Affected: Amending 232 and Adding 232.5 to the Labor Code

Summary: This bill prohibits employers from taking discriminatory or coercive actions to prevent employees from disclosing information about their working conditions.

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Discrimination

SB 1471 - Chapter 02-1107

Subject: Sick leave

Author: Romero

Sections Affected: Adding 234 to the Labor Code

Summary: Existing law requires employers who provide sick leave to allow employees to use that leave for taking care of an ill child, parent, spouse, or domestic partner; and bars employers from taking discriminatory actions against employees who use or attempt to use sick leave for this reason. This bill specifies that an employer's absence control policy that counts this authorized use of sick leave as an absence that may result in discipline, discharge, demotion, or suspension is, per se, a violation of law.

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Public Works

AB 1448 - Chapter 02-28

Subject: Prevailing Wage Laws: Violations

Author: Maddox

Sections Affected: Amending and Repealing 1776 and 1813 of the Labor Code

Summary: This bill repeals the sunset date of January 1, 2003 for Labor Code 1776 and 1813 and simultaneously repeals alternative versions of those sections that would have become operative on that same date.  This repeal makes permanent the current provisions of law that assign to the subcontractor of a public works project responsibility for maintaining payroll records for his or her own employees and for providing certified copies of these records as required by law.  Subcontractors will continue to be liable for penalties for failure to provide copies of payroll records timely or to pay overtime wages due their employees.

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Public Works

AB 1506 - Chapter 02-868

Subject: Public works

Author: Wesson

Sections Affected: Adding 1771.8 to the Labor Code

Summary: This bill requires an awarding body either to adopt and enforce or to contract with a third party to initiate and enforce a labor compliance program if the awarding body elects to use funds made available by any of the following Acts:

1) The Kindergarten-University Public Education Facilities Bond Act of 2002 (if approved by voters in the November 5, 2002 statewide general election);
2) The Kindergarten-University Public Education Facilities Bond Act of 2004 (if approved by the voters at the March 2004 statewide direct primary election); or
3) The Kindergarten-University Public Education Facilities Bond Act of 2004 (if approved by the voters at the November 2004 statewide general election).

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Public Works

SB 278 - Chapter 02-892

Subject: Public works

Author: Machado

Sections Affected: Adding 1771.8 to the Labor Code

Summary: This bill requires an awarding body either to adopt and enforce or to contract with a third party to initiate and enforce a labor compliance program if the awarding body elects to use funds made available by the Water Security, Clean Drinking Water, Coastal and Beach Protection Act of 2002 (Division 2.5, commencing with 79500) of the Water Code provided that the Act is approved by the voters in the November 5, 2002 statewide general election.

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Wages, Hours, and Working Conditions

AB 2412 - Chapter 02-933

Subject: Enforcement of Employees' Access to Payroll Records

Author: Diaz

Sections Affected: Amending 226 of the Labor Code

Summary: This bill requires that, within 21 days of receiving a written or oral request from a current or former employee, an employer must provide copies (at cost) or permit the employee to inspect his or her payroll records.  The bill prescribes a penalty of $750 for an employer that fails to comply with an employee's request to review or copy payroll records.  The bill also authorizes an employee to bring action for injunctive relief to obtain access to payroll records.

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Wages, Hours, and Working Conditions

AB 2509 - Chapter 02-298

Subject: Labor standards: local jurisdictions

Author: Goldberg

Sections Affected: Amending 1205 of the Labor Code

Summary: This bill reinforces existing law providing that local jurisdictions are allowed to enforce local labor standards in their jurisdictions provided those standards do not explicitly contradict or are not pre-empted by state law.  The bill bars state agencies that provide funding to projects in local jurisdictions from requiring those entities to refrain from enforcing local labor standards as a condition of receiving state funds.

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Wages, Hours, and Working Conditions

AB 2957 - Chapter 02-780

Subject: Employment: mass layoffs, relocations, and terminations

Author: Koretz

Sections Affected: Adding Chapter 4 (commencing with 1400) to Part 4 of Division 2 of the Labor Code

Summary:This bill requires employers to provide affected employees and specified governmental agencies with a written notice at least 60 days before initiating a mass layoff, relocation, or termination of operations at a business establishment covered by its provisions.

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Wages, Hours, and Working Conditions

SB 1818 - Chapter 02-1071

Subject: Employment laws: enforcement actions

Author: Romero

Sections Affected: Among Other Codes, Adding 1171.5 to the Labor Code

Summary: This bill adds to the Civil, Government, Health and Safety, and Labor Codes, legislative findings and declarations to the effect that all protections, rights, and remedies under California's labor, employment, civil rights, and employee housing laws are available to all individuals who have applied for employment, are currently employed, or have been employed in the state, regardless of immigration status.  The bill also prohibits inquiry into a person's immigration status unless the person seeking that information demonstrates by clear and convincing evidence that such an inquiry is necessary to comply with federal immigration law.

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