California Labor &
Employment Law Blog

Sep. 8 2011

New Employment Laws on the Horizon in California

Topics: New Laws & Legislation

In the final week of California's 2010-2011 legislative session, a number of employment bills have been passed by the legislature and have been signed by Governor Brown or await his signature:

AB 240 (Liquidated Damages): This bill, which has now been signed into law, permits an employee to recover liquidated damages of twice the amount of wages improperly withheld plus interest in proceedings before the Labor Commissioner involving claims for underpayment of minimum wage.

SB 559 (Genetic Information Discrimination): This bill, which has now been signed into law, prohibits discrimination in employment (among other areas) on the basis of genetic characteristics. This is California's version of the recently enacted federal law known as GINA (the Genetic Information Nondiscrimination Act).

AB 267 (Forum Selection Clauses): This bill has been passed by the legislature but not yet signed into law by Governor Brown. If signed, it will prohibit forum selection or choice of law clauses in employment contracts or similar documents where an employee would be required to agree to a forum or law of a state other than California for resolution of disputes arising in California. Agreement to such clauses will not be permitted to be required as a condition of employment. However, an employee will be able to agree to such a clause if not a condition of employment and if independent consideration is provided to the employee.

AB 325 (Bereavement Leave): This bill is still being considered by the legislature in the final days of session. If passed, it will require employers to provide up to 3 days of unpaid bereavement leave to employees upon the death of specified family members.

AB 22 (Use of Credit Reports): This bill is still being considered by the legislature in the final days of session. If passed, the bill will prohibit the use of credit reports for employment purposes, except in limited circumstances.

AB 1396 (Commissioned Employees): This bill has been passed by the legislature and presented to the Governor for signature. This bill will require that all employers who have employees performing services in California involving pay on a commission basis put the commission agreement in a writing that sets forth how commissions will be computed and paid. This requirement would go into effect January 1, 2013.

SB 931 (Payroll Cards): This bill is still being considered by the legislature in the final days of session. If passed, it will change the requirements employers must comply with for payment of wages using payroll cards.

We will keep you posted with further developments and details regarding these bills. You can access the text of these bills at [url=][/url].

About CDF

For over 20 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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