California Labor &
Employment Law Blog
Sep 27, 2010

Governor Vetoes Several Employment Bills

Topics: New Laws & Legislation

California employers will be relieved to know that Governor Schwarzenegger has vetoed a number of unfavorable employment bills that were passed by the California Legislature this session. Here is a list of bills he has vetoed:

AB 482: This legislation would have prohibited employers from using credit checks for employment purposes, except in limited circumstances. The Governor vetoed the bill, stating that existing law already provides protections for employees from improper use of credit reports and that this bill would "significantly increase the exposure for potential litigation over the use of credit checks."

AB 1881: This legislation would have increased the liquidated damages recoverable in an action for unpaid minimum wage. In the Governor's veto message, he said that existing law already provides for liquidated damages, interest, other penalties and attorneys' fees, and there is no evidence that that current enforcement and protections are insufficient.

AB 2187: This bill would have criminalized a person or employer's failure to pay all wages owed to an employee within 90 days of separation of employment. The Governor vetoed the bill, stating that the legislation is unecessary because there are already mechanisms in place (e.g. waiting time penalties) for enforcement of an employer's obligation to timely pay final wages.

We will continue to post developments on other employment-related bills currently before the Governor.

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For over 25 years, CDF has distinguished itself as one of the top employment, labor and immigration firms in California, representing employers in single-plaintiff and class action lawsuits and advising employers on related legal compliance and risk avoidance. We cover the state, with five locations from Sacramento to San Diego.

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About the Editor

Robin Largent has a regular presence in California state and federal courts and has been lead defense counsel and appellate counsel for large and small California employers in litigation (and arbitration) ranging from individual discrimination and harassment claims to complex wage and hour representative and class actions. She also leads the firm’s appellate practice, having substantial experience and success handling appeals, writ petitions, and amicus briefs in both state and federal court on issues such as class certification (particularly in the wage and hour arena), manageability and due process concerns associated with class action trials, exempt/non-exempt misclassification issues, meal and rest break compliance, trade secret/unfair competition matters, and the scope of federal court jurisdiction under the Class Action Fairness Act.
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