ISU-Pulford Insurance wants to help make your business successful.  We’d like to pass along the following new California laws that started January 1, 2012. See the entire list from HR California, here.

Pregnancy Disability Leave SB 299 requires all employers with five or more employees to continue to maintain and pay for health coverage under a group health plan for an eligible female employee who takes Pregnancy Disability Leave (PDL) up to a maximum of four months in a 12-month period.

Willful Misclassification of Independent Contractors SB 459 provides new penalties of from $5,000 to $25,000 for the “willful misclassification” of independent contractors.  Existing law prescribes comprehensive requirements relating to minimum wages, overtime compensation, and standards for working conditions for the protection of employees applicable to an employment relationship. This bill would prohibit willful misclassification, as defined, of individuals as independent contractors.

Notice of Pay Details AB 469 requires employers to provide nonexempt employees, at the time of hire, a notice that specifies: 1. The rate of pay and the basis, whether hourly, salary, piece commission or otherwise, including any overtime rate. 2. Allowances, if any, claimed as part of the minimum wage, including meal and lodging allowances. 3. The regular pay day designated by the employer as required under the Labor Code. 4. The name of the employer, including any “doing business as” names. 5. The physical address of the employer’s main office or principal place of business and any mailing address, if different. 6. The telephone number of the employer. 7. The name, address and telephone number  of the employer’s workers’ compensation carrier.

Farm Labor Contractors – Wage Notices AB 243 amends the Labor Code to expand the information that must be included on pay statements, but only for farm labor contractors. Employers that are farm labor contractors must now disclose on the itemized payroll statement  furnished to their employees, the name and address of all legal entities (for  example other growers or other farm labor contractors) that secured the employer’s services.

Agricultural Labor Relations SB 126 affects certification of bargaining representatives for agricultural employees. The new law, SB 126, provides that if the Agriculture  Labor Relations Board (ALRB) finds employer misconduct that “in addition to affecting the outcome of the election, would render slight the chances of a new election reflecting the free and fair choice of employees,” then the ALRB can certify the labor union as the exclusive bargaining agent for employees.

Workers’ Compensation Legislation AB 335 – Requires the workers’ compensation administrative director (AD) to work with the Commission on Health and Safety and Workers’ Compensation (CHSWC) to develop regulations regarding notices to injured workers; requires AD and CHSWC to develop and make accessible a booklet written in plain language about the workers’ comp claims process; streamlines and simplifies other notices to employees. AB 378 – Lowers workers’ compensation costs by establishing guidelines for dispensing compound drugs, the circumstances under which those drugs would be covered and the reimbursement amount, and removes the incentives for physicians to refer patients to pharmacies in which the physician or physician’s family has a financial interest. AB 397 – Seeks to address the underground economy problem by singling out contractors that do not have workers’ compensation coverage but  requiring contractors that are exempt from having coverage at the time they are licensed to certify they are still exempt or have gotten coverage at the time of their license renewal. AB 1168 – Lowers costs for employers and insurers by establishing a fee schedule for vocational experts’ services. AB 1426 – Streamlines the workers’ comp process and eliminates duplicative bureaucracy and inconsistency by eliminating the court administrator position