Coming attractions in employment law for 2003 (& beyond).

• Author: Swerdlow, Janet I.
• Position: Employment Law - Gray Davis, California

Gov. Davis' hand must be tired from signing so much employment law-related legislation in a single session. From bills regarding the nation's first paid family leave program to California's own WARN act, employers need to be aware of their new obligations.

Here are just a few of the nearly 20 new laws affecting California's workplaces.

SB 1661 -- FAMILY LEAVE POLICY

Most people have heard of SB 1661, which was created to provide compensation to employees who are unable to work because of sickness or injury of a family member or domestic partner, or the birth, adoption or foster care placement of a child.

Employees on leave for these reasons are eligible to receive up to 55 percent of their wages, to a maximum of $728 per week.

This benefit is funded by employee contributions with a maximum cost of $70 per year from each employee to ensure a qualified six-week paid leave.

Employers can require employees to use up to two weeks of their accrued vacation before receiving this partial wage replacement. Moreover, there is a one-week waiting period before employees can apply for the program. Although the statute becomes effective on Jan. 1, 2004, employees must wait until July 1, 2004 to use the benefit.

SB 1661 does not require employers to reinstate all employees returning from this leave, so companies are not required to hold open positions for employees on leave unless required to do so under another state or federal law, such as the federal Family and Medical Leave Act or the California Family Rights Act.

This new law will not extend the 12 weeks of unpaid leave available to certain employees under the FMLA or CFRA.

AB 2509 -- LOCALIZED WAGE AND HOUR LAWS

As of Jan. 1, AB 2509 will allow cities, counties, districts and agencies to create and enforce their own wage and hour laws. Consequently, employees might get the benefit of a greater overtime multiplier or a higher minimum wage.

This raises the possibility that some employers, already faced with state and federal wage and hour laws, may encounter a third regulatory source.

One city, Santa Monica, was unsuccessful in its attempt to raise its minimum wage to $10.50 an hour with a measure on its November ballot.

Local jurisdictions cannot yet impose stricter wage, hour and working condition requirements than those imposed by California law without risking a reduction in state funding.

AB 2412 -- EMPLOYEES' RIGHT TO INSPECT THEIR PAYROLL RECORDS

AB 2412 mandates employers to comply with an...