NEW FOR 2013

  • By: Ruth Evans, Owner of The Evans HR GROUP

The IRS standard mileage reimbursement rate for the use of a car will be 56.5 cents per mile.

Written commission arrangement stating the precise method of commission payments are now required.  A signed copy of the contract must be provided to each employee covered by.  The terms will remain in effect until superseded or terminated in writing.

Employee Social Media Privacy Interests are protected by AB 2674.  Employers are prohibited from requiring or requesting that employees or applicants disclose their user name or password information for any personal social media or that they divulge any personal social media except when needed for certain investigations.   AB2674 eliminates some confusion regarding employees’ right to inspect personnel files.  Employers are required to retain personnel files for at least 3 years following termination of employment, and to permit current and former employees (or their representatives) to inspect and receive a copy of their personnel records within 30 days of a request to do so. 

SB 1255 amends the Labor Code to define an “injury” for purposes of violating the itemized wage statement statute.  Employers are required to provide specified information to employees on a wage statement each time wages are paid.  If an employee “suffers an injury” as a result of an employer knowingly or intentionally failing to comply, the employee is entitled to recover damages against the employer.

SB 1038 eliminates FEHC.  Basically, the biggest change is that the Commission’s duties are transferred to the DFEH who will be able to bring civil actions on behalf of complainants directly to court and require mandatory dispute resolution.

Effective December 30, 2012, 28 pages of new Pregnancy Disability regulations go into effect.  Many of the changes are technical, but there are some significant changes that become effective.  One major change is that Notices employers are required to provide to employees affected by pregnancy have completely been reworded.  Another change is that employers must notify employees in writing of any medical certification required each time certification is required.  A third change is clarification of the term “four months” of leave, which now includes various ways to calculate the leave and defines the period as the number of days the employee would normally work within four calendar months (one-third of a year equaling 17-1/3 weeks) if the leave is taken continuously following the date the pregnancy disability leave commences.   Additional changes include: a) an expanded definition of when a woman is “disabled by pregnancy”; b) clarification of an employer’s responsibilities regarding reasonable accommodation or transfer of employees affected by pregnancy, childbirth or related medical conditions; and c) an expansion of protections to include that it is unlawful to discriminate against or harass an applicant or employee based on “perceived pregnancy.”

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