Governor Brown goes on a Signing Spree, Changing California Labor Laws: Part 1
Governor Brown has signed over 20 new bills effecting California labor laws. Employers and employees alike will see several changes in the coming months; some changes will be beneficial and or costly and some will help to better define existing laws. Here is an over view of a few notable changes:
Gender Discrimination: Identity and Expression
Bill 887 redefines or better defines the term gender to aid in how gender discrimination cases will be assessed, specifically in regards to the terms gender identity and gender expression. The idea is that a person should not be discriminated against based on their gender. Previously this was described as one’s sex, male or female. Now it will include how one perceives themselves or chooses to express themselves, often displayed through appearances such as clothing, hair styles, makeup and even behavior. Assembly bill 887 instructs employers that they must allow employees to appear or express themselves with whichever gender they choose to identify.
Discrimination: Domestic Partners
Bill 757 relates specifically to medical insurance offered by employers. The Knox-Keene Health Care Service Plan Act of 1975does not allow discrimination in coverage between spouses or domestic partners of a different sex and those of the same-sex marriages. Senate Bill 757 takes it a step further and makes it a crime to willfully violate the Knox-Keene Health Care Service Plan Act. There is an exception for a policy issued outside of California to an employer with a majority of its business and employees located outside of California.
Discrimination based on your Credit Report
…Sounds ridiculous to begin with our country’s current economic issues. Assembly Bill No. 22 says what we are all thinking. Previously, employers were allowed to access an employee’s or potential employee’s credit report (with the employee’s permission), regardless of the employee’s position or the position the applicant is seeking to fill. Bill 22 recognizes that there are some instances when a credit report is necessary to the employer and has restricted access to the following types of employment positions:
• person is or would be named signatory on the employer’s bank or credit card account, or authorized to transfer money or enter into financial contracts on the employer’s behalf
• person will have access to confidential or proprietary information
• person will have regular access to $10,000 or more
• a position in the state Department of Justice, that of a sworn peace officer or other law enforcement position
• a managerial position as defined by the stringent exempt status definition
• a position for which the information contained in the report is required by law to be disclosed or obtained
• a position that involves regular access to specified personal information for any purpose other than the routine solicitation and processing of credit card applications in a retail establishment;
Labor law is complex; if you have any questions regarding your employment it is recommended that you contact a California labor law attorney who can help you understand your rights and in many cases will review your situation without charge.
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