IN 2012, some very important laws affecting employee rights took effect. These laws included the Wage Theft Prevention Act, increased penalties for willful misclassification of independent contractors, the prohibition of using credit reports for employment purposes, additional protection to pregnant employees on health coverage for maternity leave, and allowing employees to dress consistently with their gender expression.
More employment laws were recently passed to take effect in 2013. These include:
No employer snooping on personal social media accounts
The new law forbids employers from requiring employees to provide their usernames and passwords to access personal social media. Employers are prohibited from discharging, disciplining, or otherwise retaliating against employees who refuse to comply with an employer’s unlawful demand. However, employers are allowed to request usernames and passwords to access employer-issued electronic devices.
Salary of a non-exempt employee does not include overtime pay
The payment of a fixed salary to a nonexempt employee is deemed to compensate only for the employee’s regular, non-overtime hours, regardless of any private agreement to the contrary. Explicit mutual wage agreements that purport to pay a fixed weekly salary to non-exempt employees to cover the overtime hours worked is unlawful.
Whistleblower protections expanded
The law protects and provides incentives for employees who oppose or report their employers for making false claims for money, property, or services to the state. The new law allows contractors and agents, as well as employees, to bring claims under the statute and share in any recovery. The anti-retaliation protection is expanded to include anyone who tries to stop violations.
Employees have the right to copies of their personnel file
Employers must respond in 30 days to written requests from current and former employees, to inspect and/or receive a copy of their personnel records. Previously, employees only had the right to “inspect” their personnel files but not obtain copies, except for documents they signed. The new law requires employers to maintain a copy of each employee’s personnel records for a period of not less than three years after termination of employment.
Confusing pay stubs entitle employees to penalties from employers
An employee is deemed to “suffer injury” if 1) the employer fails to provide a wage statement, 2) if the employer fails to provide the legally required information or 3) the employee cannot “promptly and easily determine” from the wage statement alone the missing information, and would have to refer to other documents or information to understand their pay stubs.
Breastfeeding protected under sex discrimination law
Employers must accommodate lactating mothers with break time and a private area for expressing milk. Under existing law, sex discrimination includes discrimination concerning gender, pregnancy, childbirth, and medical conditions related to pregnancy or childbirth. The new law adds breastfeeding and related medical conditions as protected under sex discrimination laws.
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C. Joe Sayas, Jr., Esq. is an experienced trial attorney who has successfully obtained significant results, including several million dollar recoveries for consumers against insurance companies and big business. He is a member of the Million Dollar-Advocates Forum—a prestigious group of trial lawyers whose membership is limited to those who have demonstrated exceptional skill, experience and excellence in advocacy. He has been featured in the cover of Los Angeles Daily Journal’s Verdicts and Settlements for his professional accomplishments and recipient of numerous awards from community and media organizations. His litigation practice concentrates in the following areas: serious personal injuries, wrongful death, insurance claims, unfair business practices, wage and hour (overtime) litigation. You can visit his website at www.joesayaslaw.com or contact his office by telephone at (818) 291-0088.