In our previous post, Compliance Check List for California Employers – 1, we covered ten of the new employment-related bills enacted by California. Unless stated otherwise, these laws take effect on the 1st of January 2015. It is a ‘now or never’ situation for employers who want to stay compliant with state regulatory requirements and avoid the legal actions, penalties and other consequences for non-compliance.
In this blog, we review the remaining eleven laws which impact California’s employers:
However, the act exempts the following, from its purview:
Other labor providers who are exempt from AB 1897 include non-profit, community-based organizations that provides services to workers, labor professional organizations, apprenticeship programs, a motion picture payroll services company, or third-party leasing company arrangements in which the company using the workers is contractually obligated to assume all of the civil legal responsibility and other liability that exists under the new law.
The law does not apply to workers who are exempt from the payment of overtime compensation. Before filing a civil action against the labor contractor’s customer, a worker or his or her representative must provide 30 days’ notice to the customer of the alleged violations. The new law prohibits the customer from taking any adverse action against a worker who has provided notification of violations or filed a claim or civil action.
Businesses are also expressly prohibited from requiring an individual to agree to arbitrate or to waive their rights to protection against discrimination as a condition of employment or basis for conducting business. Any such agreement, which is set as a pre-condition to a contract will be considered involuntary and cannot be enforced by any law.
Employers in California and businesses which operate from California have only a few weeks left to review and amend their existing policies. With such widespread changes, actions should be immediately taken to stay compliant with these new laws.
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