New California Legislation Affects Employee Parental Activity Leave

parental leave activityNew California legislation affects employee parental activity leave. One of the many bills signed into law by Governor Jerry Brown on October 11, 2015 was Senate Bill 579. This bill amended Section 230.8 of the California Labor Code, which allows employees to take leave from work each year to participate in activities related to their children’s schooling or day care. The section, as revised, now applies to foster parents and stepparents, and it allows employees to take leave for a wider range of activities.

The Specifics of the Parental Activity Leave Bill

The basic provisions of Section 230.8 include:

  • Requiring California employers with 25 or more employees at a particular location to allow any employee who is a parent (or a guardian or grandparent with custody of a child) to take up to 40 hours of leave per year in order to participate in activities at their children’s schools and/or day care facilities.
  • An employee may not take off more than eight hours in a calendar month for these school or daycare activities, and the employee must provide his or her employer with reasonable notice.
  • An employee who decides to take leave for these activities must make use of any vacation time, compensatory time off, or personal leave to which he or she is entitled. In addition, if the employee is entitled to time off without pay, then he or she may make use of it for these activities.
  • The employee must provide the employer with written documentation from the school or daycare facility if the employer requests it.

SB 579 has amended the section in a number of ways relating to parental activity, including the following:

  • The term “parent” can now apply not only to a parent or a grandparent, but also to a stepparent, a foster parent, or someone who stands in loco parentis to a child. (“In loco parentis” refers to someone legally standing in the place of a parent.)
  • The term “licensed child daycare facility” has been replaced with the term “licensed child care provider.”
  • The time off may be used to find a school or child care facility, or to enroll or reenroll one’s child in a school or child care facility.
  • The time off may also be used to address an emergency related to a school or a child care provider. The statute explains that the term “emergency” refers to when the child of the employee is unable to remain at his or her school or child care facility. (The possible reasons for this include closure of the facility, behavioral problems, natural disasters, and a request from the school or child care provider that the child be removed.)

[Read more…]

Ensuring Compliance with New Changes to California Employment Law Regarding Retaliation Related to Immigration Status

Retaliation Road SignRetaliation related to immigration status. In June of this year, California Governor Jerry Brown signed into law Assembly Bill No. 2751 (“AB 2751”), which provided updates and clarification to AB 263, a California law that, among other things, prohibits employers in Santa Rosa and all of California from retaliating against employees who wish to exercise their rights under the California labor laws. AB 2751, which specifically addresses employer retaliation against employees on the basis of immigration status, will take effect on January 1, 2015.

Current California Law on Retaliation in Employment

Currently, California law already protects employees from discrimination or retaliation by employers if the employee engages in protected activity.  Protected activity under California law includes:

  • Filing a claim or informing your employer of your intent to file a claim with the Labor Commission;
  • Complaining about unsafe work conditions or practices;
  • Discussing your wages or complaining about non-payment of wages; and
  • Taking time off from work for jury duty.

Employees who engage in protected activity and suffer an adverse action from their employer for doing so, such as termination of their employment, are entitled to be reinstated and to receive payment for lost wages.

Updates to California Employment Law and Immigration-Related Retaliation

AB 263, which took effect January 1, 2014, specifically prohibits employers from threatening to take or taking adverse actions against an employee with regard to immigration status if the employee engages in protected activity.  These “unfair immigration-related practices” include:

  • Threatening to contact immigration authorities;
  • Requiring an employee to produce documents that are not required under current law for work authorization purposes;
  • Rejecting employee documents that appear to be genuine; and
  • Misuse of the E-Verify system.

For example, if an employee complains about nonpayment of wages and the employer subsequently threatens to call immigration authorities on the employee, the employee may seek an employment attorney to determine if they may to enforce their rights under California law.

AB 2751 specifically updates AB 263’s definition of unfair immigration-related practices. As of January 1, 2015, unfair immigration-related practices will include threatening to file or filing a false report or complaint with any state agency as an unfair immigration-related practice.

Under AB 263, employers who engage in unfair immigration-related practices may lose their business licenses and be required to pay a $10,000 fine for each violation. AB 2751 clarifies that the proceeds of the penalty will go to the employee who was retaliated against by the employer.

Northern California Employment Attorneys

Due to these recent changes in California labor law and the upcoming implementation of AB 2751, employers in Santa Rosa may wish to review and update their handbooks, policies and training materials to ensure that they are in compliance with the changes. Employees who believe their rights under the new laws may have been violated should consult with an experienced employment attorney. The attorneys at Beck Law, P.C. have experience counseling both employees and employers. Contact us today to discuss your employment-related legal needs.

Disclaimer

The information on this website should not be considered to be legal advice, nor construed to be the formation of any manner of attorney client relationship. Prior to taking any form of legal action, please consult with an attorney experienced in the appropriate area of law germane to your situation. Case results and testimonials presented on www.californialaborandemploymentlaw.net or any of its related websites are germane to the facts present for each individual case and is not a promise of similar outcomes for any other cases. This website is not intended to solicit clients for matters outside of the State of California.