New year, new labor laws: what California Employers Need to Know.

Regulations are heaped upon employers annually, making some feel like they get no respect. This year, employers received less attention. Only 186 bills introduced in the Legislature mention ''employer," compared to 554 last year. Most of the bills did not pass and of those that did, Gov. Brown did not sign many.

An overview of significant new regulations affecting private employers, effective Jan. 1, 2014 (unless otherwise mentioned):

Minimum Wage Increase

AB 10 increases the minimum wage from SR to $9 per hour as of July 1, 2014. and to $9 per hour as of Jan. 1, 2016. Minimum wage in California was last raised in 9008.

This change affects the prolessiomal, administrative and executive overtime exemptions that require a salary of at least two times minimum wage. in addition to satisfying the exempt duties tests. This will increase the $33,280 required annual salary to $37,440. and then to S41,600 in tandem with the scheduled increases to $9 and then 510. Also affected will be the retail and inside sales overtime exemptions thai are based, in part, on whether commission employees earn more than 1.5 limes minimum wage.

Specific cities increased their minimum wage requirement. For example, employees who mirk in the city of San Francisco more than two hours per week, including part-time and temporary workers. are entitled to that city's minimum wage. which increased from $10.55 to $10.71, per hour as of Jan. I. 2011. The city of San Jose's minimum wage increased to S10.15 per hour as of Jan. 1, 2014.

Related, under AB 442, the Labor Commissioner Can order employers who Fail to pay minimum wage to pay liquidated damages equal to the unpaid minimum wages. This is in addition to existing per employee, per violation and other civil penalties employers lace 1.6r failure to pay minimum wage

Employer Recovery of Attorneys Fees

While employees can recover their attorneys fees as Prevailing Party in wage and hour litigation. SB 462 clarifies tam employers can only recover their attorney fees if the court finds that the employee claim was brought in bad faith. As a practical] natter, the hurdle of proving that an employee brought an action knowing it was baseless will be rarely met,

Overtime at Home

Until now, in-home "personal attendants" were exempt from overtime pay entitlement. AB 241. the I kwnestic Worker Bill If Rights, provides than a domestic work employee who is a personal attendant is entitled in one and a half limes the employee's regular rate of pay for hours worked in excess of nine in am workday i if more than 45 hours in am workweek.

This bill narrowly defines "personal attendant" as a person employed by a private householder i ir by any third-part)...

To continue reading

Request your trial

VLEX uses login cookies to provide you with a better browsing experience. If you click on 'Accept' or continue browsing this site we consider that you accept our cookie policy. ACCEPT