As we enter 2014, it is important to be aware of the new and
amended employment laws that go into effect in the new year. As an employee, you should always stay up to
date on your employment rights and protections so you will be able to recognize
violations on the part of your employer.
The following are some of the new employment law developments for 2014.
Minimum wage: The minimum wage in California will go
from $8.00 per hour to $9.00 per hour in 2014.
The minimum wage will increase again to $10.00 in 2016.
Sexual harassment
clarification: California’s laws
against sexual harassment will be amended to clarify that offending behavior
need not be motivated by actual sexual desire to constitute harassment.
Whistleblowing
protection: The whistleblowing laws
currently prohibit retaliation against an employee who reports violations of
state or federal law. The amended law
will also go further to protect employees who reports violations of local rules
and regulations.
Military
protections: Anti-discrimination
laws will now include military and veteran status to the list of protected
categories. This means that employers
may not discriminate, harass, or retaliate against an employee based on their
current or former military action.
Immigration protections: The law prohibits employer from
retaliating against an employee by threatening to report their immigration
status to authorities because the employee complained of or reported employment
law violations. State agencies will be
able to revoke business licenses or file charges of criminal extortion against
employers that violate this law.
Overtime for domestic
employees: The wage and hour
requirements of the Fair Labor Standards Act usually do not apply
to domestic workers. The new law, the
Domestic Worker Bill of Rights, requires overtime compliance for certain
domestic workers that qualify as “personal attendants.” Employers of domestic workers should examine
the definitions in the law to see if it applies to them and their employees.
Heat illness recovery
time: Employers may not require
employees to perform work during recovery time for heat illness or
exhaustion. The penalties for violating
this law will be the same as for failing to provide required meal or break
times.
Leave for crime
victims: Employers will be required
to provide job-protected time off work for victims of certain crimes to attend
court proceedings that involve victims’ rights.
Additionally, the law that allows leave time for victims of domestic
violence or sexual assault will be expanded to protect victims of stalking, as
well.
Paid family
time: The Paid Family Leave laws will be expanded to
provide wage-replacement benefits for employees who take qualified leave time
to care for a seriously ill or injured sibling, grandchild, grandparent, or
parent-in-law.
Criminal background
checks: State and local agencies
will be prohibited from requiring information regarding criminal convictions
before determining that they meet minimum qualifications for the position,
unless certain exceptions apply.
Emergency duty
leave: Emergency rescue personnel
and reserve peace officers will be entitled to time off work for necessary
training. This law previously only
applied to volunteer firefighters and law enforcement.
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