Friday, April 11, 2014

California Chamber's Job Killer List - Employment Law

Contrary to what you may think, the California Legislature has not finished perfecting the laws governing the California workplace.  But, they persevere.

Our friends at the California Chamber of Commerce track the bills  they affectionately call "job killers."   Sure, more employment laws might drive up costs, reduce competition, increase unemployment, and increase prices.  Never you mind that. These bills give me more to complain advise employers about in the months to come.  And more lawsuits are sure to follow.  So, these bills really are  job creators.  For lawyers.

The Chamber's list of pending California employment law job killers are summarized here.  The description is the Chamber's. You can read the bill and check its status by clicking the links.

Please note:  1.  This is not a complete list of pending employment bills; only the California Chamber's job-killer list.  2. These bills are still wending their way through the Legislature. So, they could fail to pass or the Governor might not sign them even if they do pass.  

• AB 1522 (Gonzalez; D-San Diego) Paid Sick Leave — Increases employer mandates by requiring all employers, large and small, to provide all employees in California with paid sick leave, and threatens employers with statutory penalties as well as litigation for alleged violations.
• AB 2604 (Brown; D-San Bernardino) Exposes Employers to Disproportionate Workers’ Compensation Penalties — Dramatically increases penalties and costs for delayed payments and will result in disproportionate penalty awards that are significantly greater than the amount of the delayed payment.
• SB 935 (Leno; D-San Francisco) Minimum Wage — Unfairly increases employer costs by increasing the minimum wage to $13 by 2017 and then increased thereafter according to the Consumer Price Index.
 AB 2416 (Stone; D-Scotts Valley) Unproven Wage Liens — Creates a dangerous and unfair precedent in the wage and hour arena by allowing employees to file liens on an employer’s real or personal property, or property where work was performed, based upon alleged yet unproven wage claims.
• AB 2617 (Weber; D-San Diego) Interference with Arbitration Agreements and Settlement Agreements— Unfairly prohibits the enforcement of arbitration agreements or pre-litigation settlement agreements that require the individual to waive their right to pursue a civil action for the alleged violation of civil rights.

• SB 404 (Jackson; D-Santa Barbara) Expansion of Discrimination Litigation — Makes it virtually impossible for employers to manage their employees and exposes them to a higher risk of litigation by expanding the Fair Employment and Housing Act to include a protected classification for any person who is, perceived to be, or associated with an individual who provides medical or supervisory care to a listed family member.

There are several other job-killers not directly related to employment law. The entire list of job killer bills is here.