DISCRIMINATION / HARASSMENT

AB 1825: Mandatory Sexual Harassment Training for Supervisors

• Requires employers with 50+ employees to provide 2 hours of sexual harassment training to all supervisors.
• Number of employees includes contractors, part-time employees, and employees outside of California.
• Effective 1/1/05, supervisor training must conducted once every two years. Initial training must be complete before 1/1/06. Any compliant training done after 1/1/03 will towards initial training requirement.
• After 1/1/06, all newly hired supervisors must receive training within first 6 months in position.
• Training must be interactive and must include: information and practical guidance, remedies for victims, and practical examples. Training must be conducted by individuals w/ knowledge and expertise in this area.

BENEFITS

AB 2208: Equal Insurance Coverage for Domestic Partners

• Requires all insurance companies (including all health plan carriers) to provide coverage to a registered domestic partner of an employee, subscriber, insured, or policyholder, equal to coverage it provides to a spouse.
• Proof of registered domestic status can only be required if also required to prove marital status.

Final COBRA Notice Rules

• US Deptartment of Labor published model General and Election notices. “General Notice” replaces former “Initial Notice.” www.dol.gov/obsa
• Becomes effective 1/1/05. Need to update notices.

PRIVACY

SB 1618: Limits use of Social Security Number on Pay Stubs

• Effective 1/1/08, pay stubs may only include last 4 digits of employee’s social security number or existing number.

LEAVES

Paid Family Leave in Effect

• Effective 7/1/04, employees became eligible for Paid Family Leave benefits.
• Employers to provide brochures to all new hires and employees requesting leave. New poster also required.

PENALTIES

SB 1809: Significant Changes to “Bounty Hunting” or “Sue Your Boss” Bill

• Bill Amends (but does not repeal) SB 796 that went into effect 1/1/03 which:
  • Permitted “aggrieved employee” to sue employer for civil penalties, attorneys’ fees, costs for any violation of Labor Code, bypassing state agency enforcement.
• Created penalties for every Labor Code violation that did not already have them.
• Resulted in a flood of lawsuits, many over trivial violations.
• Took effect on 8/12/04. However, some items retroactive to 1/1/04 including:
  • Lawsuits concerning most violations of posting, notice, agency reporting or filing requirements are excluded from onerous penalties and private lawsuits (excludes those related to mandatory payroll or workplace injury reporting). Court must review and approve all penalties with any settlement.
• Allows court's discretion to award lesser penalties to avoid unjust results.
• Creates steps that must be followed for 3 categories of alleged Labor Code violations before lawsuit may be filed:
  • Employee must first notify the employer and appropriate state agency of the alleged violation.
  • Must include specific code provisions violated and facts and arguments supporting the violation.
• Creates timeframes for agency responses, investigations, inspections, citations and employee’s timing of ability to file lawsuit.
• Repeals Labor Code Section 431 which required employers to file a copy of their employment application with the DLSE.

SB 899: Workers Comp Reform

• Effective 8/1/04 new poster, pamphlets, and claim forms.
• Effective 8/19/04, affects most pending claims. Does not affect past decisions.
• Highlights of changes:
  • Establishes medical provider networks and increases use of independent qualified medical evaluators. Employee can only pre-designate doctors who are part of employer's health benefits plan.
  • Revises permanent disability ratings including apportionment.
  • Establishes return to work programs.
  • Gives employers more control over medical treatments.
  • Limits temporary disability (TD) payments to 24 months from the first payment.
  • Eliminates treating physician presumption.

WANT MORE INFORMATION?
Join us for our 2005 Labor Law Seminar

DATE: Thursday, January 20, 2005
TIME: 7:30 a.m. - 10:00 a.m.
PLACE: Center Club, 650 Town Center Drive, Costa Mesa, CA
SPEAKERS:

• Lauraine Bifulco , Vantaggio HR, Ltd.
  Providing management with guidance in all areas of human resource administration.
• Michael Sullivan, Esq. , Paul, Plevin, Sullivan & Connaughton, LLP.
  Advising management with respect to employment law issues and in defense of employment litigation matters.
• Angelo A. Paparelli, Esq. , Paparelli & Partners, LLP.
  Immigration attorney speaking on best practices to implement the new Digital I-9 form.

COST: $50.00, payable by credit card, VISA or Master Card: click here, or by check at the door. Includes a hearty breakfast, valet parking, and all seminar materials. Clients on Vantaggio HR's monthly retainer program, "Human Resource Management Service," can send two company representatives as our guest at no cost.
RSVP no later January 14, 2005: by email jkuebler@vantaggiohr.com or by phone (949) 425-1262.

Seminar represents 100 minutes of curriculum and may be eligible for up to 2 CPE credits. Certificates of completion will be awarded.

Lauraine Bifulco is the President of Vantaggio HR, a Southern California firm providing human resource and management consulting to companies of all sizes. Vantaggio's services include labor law compliance, handbooks, HR hotline and on-site services, new hire paperwork, posters, discipline and terminations, recruitment, HR audits, payroll and bookkeeping, benefits, sexual harassment training, safety, affirmative action plans, compensation, labor commissioner complaints, expert witness testimony, organizational development, M&A consulting, as well as outsourcing of the entire HR function. For more information call (949) 425-1262 or email info@vantaggiohr.com.

The information presented in this article is intended to be accurate and authoritative information on the subject matter covered at the time submitted for publishing. It is distributed with the understanding that Vantaggio HR is not rendering legal advice and assumes no liability whatsoever in connection with its use.

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