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:
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.
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.
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.
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.
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).
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.
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.
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.
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.
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.