The Lester & Cantrell Legal Blog

AB 2509 would provide flexibility for employees

AB 2509

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AB 2509 — a new bill authored by Waldron (R-Escondido) — would allow for greater employee flexibility in work schedules. This bill, which made the California Chamber of Commerce’s 2018 “Job Creator” list, would allow 8-hour non-exempt employees the opportunity to leave 30 minutes earlier by requesting an “on-duty” meal period. (Employers are prohibited under existing law from having an employee work over 5 hours without providing a 30-minute meal period.)

Designed to retain employees by allowing flexibility for personal appointments and needs, AB 2509 would require that the employee request the “on duty” meal period to their employer in writing. This would only be allowed to be requested by the employee, and employers would be prohibited from encouraging an employee to take an on duty meal period.

Track the bill at https://leginfo.legislature.ca.gov/faces/billNavClient.xhtml?bill_id=201720180AB2509

 

AB 44 Requires Domestic Terrorism Employee Assistance

AB 44

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In the event of a domestic terrorism-caused state of emergency, AB 44 requires employers to provide injured workers with a nurse case manager. This manager will be responsible for helping injured employees get necessary medical treatment and assisting medical service providers with authorizations of treatment.

Disclaimer

The blog posts and e-newsletters from Lester & Cantrell, LLP are for informational purposes only and not for the purpose of providing legal advice. Please contact our attorneys to obtain advice with respect to any particular issue or problem. Use of and access to this Web site or any of the e-mail links contained within the site do not create an attorney-client relationship between Lester & Cantrell, LLP and the user. Any opinions expressed on our blogs/e-newsletters are the opinions of the individual author and may not reflect the opinions of the firm or any individual attorney.

Select radio and messaging devices now allowed for commercial drivers under AB 1222

AB 1222

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Although handheld cell phones and related electronic wireless communications devices are still strictly outlawed, the new AB 1222 allows commercial drivers to operate two-way messaging and specialized mobile radio devices on the road.

These mobile devices should be used with care, and employers are recommended to monitor and/or limit their usage to ensure the driver’s safety and other motorists/pedestrians. To read more about this bill, please click here.

Disclaimer

The blog posts and e-newsletters from Lester & Cantrell, LLP are for informational purposes only and not for the purpose of providing legal advice. Please contact our attorneys to obtain advice with respect to any particular issue or problem. Use of and access to this Web site or any of the e-mail links contained within the site do not create an attorney-client relationship between Lester & Cantrell, LLP and the user. Any opinions expressed on our blogs/e-newsletters are the opinions of the individual author and may not reflect the opinions of the firm or any individual attorney.

AB 1102 increases penalties for retaliation, discrimination in health care facilities

AB 1102

AB 1102 offers whistleblower protections. Photo by rawpixel.com on Unsplash

AB 1102 went into effect on Jan. 1, 2018, increasing the penalties of health care facilities found guilty of retaliation and discrimination. Under the new bill, health facilities that willfully retaliate or discriminate against an employee or patient who has presented a grievance or complaint about the facility, or willfully retaliate or discriminate against a person who has cooperated in an investigation questioning the quality of care, services, or conditions at the facility, can now be fined up to $75,000. Previously, the maximum penalty was set at $20,000. The bill amends Section 1278.5 of the Health and Safety Code, relating to health facilities.

Disclaimer

The blog posts and e-newsletters from Lester & Cantrell, LLP are for informational purposes only and not for the purpose of providing legal advice. Please contact our attorneys to obtain advice with respect to any particular issue or problem. Use of and access to this Web site or any of the e-mail links contained within the site do not create an attorney-client relationship between Lester & Cantrell, LLP and the user. Any opinions expressed on our blogs/e-newsletters are the opinions of the individual author and may not reflect the opinions of the firm or any individual attorney.

SB 306 further protects whistleblowers

SB 306

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SB 306 went into effect on Jan. 1, 2018, allowing the Division of Labor Standards and Enforcement (DLSE) to conduct independent investigations of employers suspected of retaliation or discrimination during the course of an employee wage claim investigation. A complaint does not need to be filed by the employee in order for the investigation to take place.

If abuses are discovered, SB 306 allows the Labor Commissioner to issue citations for discovered violations, and petition for prescribed injunctive relief (with reasonable cause) to the superior court. Employers who refuse to comply with final orders may also be given civil penalties payable to the employee who was retaliated/discriminated against. Additionally, SB 306 establishes new review procedures for requesting hearings and writ of mandate petitions.

To read the full Senate Bill 30, go to the official website.

Disclaimer

The blog posts and e-newsletters from Lester & Cantrell, LLP are for informational purposes only and not for the purpose of providing legal advice. Please contact our attorneys to obtain advice with respect to any particular issue or problem. Use of and access to this Web site or any of the e-mail links contained within the site do not create an attorney-client relationship between Lester & Cantrell, LLP and the user. Any opinions expressed on our blogs/e-newsletters are the opinions of the individual author and may not reflect the opinions of the firm or any individual attorney.

Abuse training required for salon workers under AB 326

AB 326

Sexual abuse training will be required for salon workers under AB 326. Photo by Kris Atomic on Unsplash

Under AB 326, beauticians, stylists, barbers and other salon professionals will be required to take courses summarizing signs of physical and sexual abuse in their clients. Human trafficking victims are often “treated” to salon services – either as rewards for “good behavior,” or to keep them looking attractive for potential customers. By recognizing the signs of abuse, salon professionals will be able to assist in cracking down on a growing epidemic here in California that often targets young teens. Human trafficking is especially problematic in the High Desert, San Bernardino and Los Angeles.

Under the bill, the board is also authorized to promote physical and sexual abuse awareness, via “mail, television, radio, motion picture, newspaper, book, Internet, or other electronic communication.”

The law requires the State Board of Barbering and Cosmetology to adopt such abuse awareness courses into their preexisting health and safety training by July 1, 2019.

Disclaimer

The blog posts and e-newsletters from Lester & Cantrell, LLP are for informational purposes only and not for the purpose of providing legal advice. Please contact our attorneys to obtain advice with respect to any particular issue or problem. Use of and access to this Web site or any of the e-mail links contained within the site do not create an attorney-client relationship between Lester & Cantrell, LLP and the user. Any opinions expressed on our blogs/e-newsletters are the opinions of the individual author and may not reflect the opinions of the firm or any individual attorney.