Proposed Amendments to Pregnancy Regulations and Disability Regulations

The California Fair Employment and Housing Commission (FEHC) is proposing amendments to California’s pregnancy regulations (Title 2, CCR secs. 7291.2-7291.16) and disability discrimination regulations (Title 2, CCR secs. 7293.5-7294.1). 

The FEHC is seeking public comments on the proposed amendments. Visit the FEHC’s website for more information, including the text of the proposed amendments and the Initial Statement of Reasons:

• Proposed pregnancy regulations  
• Proposed disability discrimination regulations 

Public Hearings

The FEHC will hold public hearings on both sets of proposed regulations. Hearings will occur in Los Angeles and San Francisco with the pregnancy regulations on the calendar for the morning and disability discrimination regulations on the calendar for the afternoon:

• Los Angeles: April 17, 2012 at 10 a.m. (pregnancy regulations) and 1 p.m. (disability regulations) at the Ronald Regan State Office Building Auditorium, 300 South Spring Street, ground floor.
• San Francisco: April 19, 2012 at 10 a.m. (pregnancy regulations) and 1 p.m. (disability regulations) at the Hiram Johnson state Building Auditorium, 455 Golden gate Avenue, basement level.

Any person may present oral or written statements at these public hearings.

Written Comments

Written comments, including suggested alternative language, may also be submitted to the FEHC by April 19, 2012 at 5 p.m. Comments must be received at the FEHC offices by that time to be considered. Comments can be delivered in person, by mail, or via email. The FEHC stated a preference to receive comments electronically (via the below email) and in Word format:

• The email address for comments on the pregnancy regulations is preg.regs@fehc.ca.gov.
• The email address for comments on the disability regulations is disability.regs@fehc.ca.gov.
• Send written comments on either set of proposed regulations to: 
  Ann M. Noel
  Executive and Legal Affairs Secretary
  Fair Employment and Housing Commission
  455 Golden Gate Avenue, Suite 10600
  San Francisco, CA 94102

Gail Cecchettini Whaley, CalChamber Employment Law Editor/Staff Counsel

Stay tuned to HRWatchdog for updated information on these proposed regulations.

Flurry of Employment Bills Signed Over the Weekend

California Gov. Jerry Brown had until midnight October 9, 2011, to sign or veto bills before him.  He used every last minute, signing bills right up to the deadline.

In the past few days, Gov. Brown signed several important employment-related bills into law:

• AB 22: Prohibits employers from being able to use credit reports for applicant or employment purposes, except in limited circumstances.
•  SB 459: Provides new penalties for “willfully” misclassifying independent contractors. Imposes joint liability on non-attorney outside consultants who knowingly advise an employer to treat an individual as an independent contractor to avoid employee status.
• AB 1396: Requires written commission agreements. Employers must comply by January 1, 2013.
• SB 299: Makes it an unlawful employment practice to refuse to maintain and pay for coverage for an employee who is on pregnancy disability leave under the same conditions that coverage would have been provided if the employee had continued in employment during the PDL leave. Look for upcoming newsletters for an in-depth explanation of what this bill means for your existing policies.
• AB 887: Further defines “gender” under the Fair Employment and Housing Act to include both gender identity and “gender expression.” Gender expression is defined as “a person’s gender-related appearance and behavior whether or not stereotypically associated with the person’s assigned sex at birth.”  This definition is consistent with existing law.

Gov. Brown vetoed AB 325, a CalChamber “job killer” bill, which would have required California businesses to provide up to three days of unpaid bereavement leave.

We will discuss new employment-related legislation in more detail in the upcoming issues of HRCalifornia Extra and California Employer Update. Stay tuned …

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Gail Cecchettini Whaley, CalChamber Employment Law Editor/Staff Counsel

Double Trouble for Employers?

A new program launched by the U. S. Department of Labor (DOL) and the American Bar Association (ABA) in late 2010 could mean more employment-related lawsuits this year.

The program, part of the Obama administration’s Middle Class Task Force initiative, is designed to help workers resolve complaints received by DOL’s Wage and Hour Division, such as not getting paid the minimum wage or overtime or being wrongfully denied family medical leave, according to a press release from the White House. 

The DOL resolves more than 20,000 employment-related complaints every year, according to the White House, but limited resources prevent the agency from pursuing more complaints.

In December 2010, the DOL began providing some workers with a newly created toll-free number that will connect them with an ABA-approved attorney referral service so they can find a qualified lawyer to help with their claims, according to the White House.

The program is a first-of-its kind partnership between a federal agency and the private bar, according to a press release from the ABA. The ABA said it will use its role as national coordinator of state and local bar association Lawyer Referral and Information Services to help provide access to individuals with employment-related legal problems.

 

CalChamber members can use HRCalifornia’s Law Library to get detailed information on wages  and leaves of absence. Also, CalChamber members can use the Leave Interaction Wizard to understand how leaves of absence overlap.

Not a CalChamber member? Test-drive HRCalifornia with a 15-day Free Trial.

Costa Mesa Seminar Update, and Employment Law Tip of the Day

Hello again from the road. We are headed to San Diego for another day of seminars. During Wednesday’s seminars in Costa Mesa, we not only discussed new laws   but also medical leaves. We’ll do the same in Thursday’s seminars in San Diego.

Our Employment Law Tip of the Day relates to medical leaves:

Pregnancy disability leave (PDL) does not have length-of-service requirements, like the federal Family Medical Leave Act and the California Family Rights Act. Therefore, an employee would be entitled to PDL immediately at time of hire.

Thanks to all who attended the Costa Mesa seminars. 

Erika Frank and Susan Kemp

CalChamber's Labor Law Digest, updated for 2011, covers new laws, new court cases and federal and state medical leaves and how the leaves interact.CalChamber members get 20 percent off on all compliance products and services offered by the Chamber. Not a CalChamber member? Test-drive HRCalifornia with a 15-day Free Trial.

 

Seminar Update, and Employment Law Tip of the Day

Good day from Costa Mesa. We just completed a successful HR 101 seminar on Tuesday, and we're looking forward to another day in Costa Mesa to talk about court cases and regulations in the morning and leaves of absence in the afternoon.

Tip of the Day:

Terminated employee final pay: Make sure you have the final paycheck ready for the employee you are terminating at the time of termination. Failure to do so may expose you to waiting time penalties.

For more information on final paycheck requirements, CalChamber members can visit the Wages, Salaries and Other Pay section of the Law Library on HRCalifornia. Not a CalChamber member? Test-drive HRCalifornia with a 15-day Free Trial.

Thank you,

Erika Frank and Susan Kemp