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Employee Rights

Recent Changes in California Employment (part 2)

Posted by Eric Kingsley | Dec 10, 2015 | 0 Comments

Continued from our previous post, leading California employment lawyers at Kingsley & Kingsley provide you with a rundown of additional new laws to be mindful of as 2016 approaches.

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Expansion of Scope of Potential Liability for Retaliation

Currently, California Labor Code Sections 98.6, 1102.5, and 6310 protect an individual employee or applicant from an employer's discrimination, retaliation, or other adverse action in response to the employee's own protected conduct as defined in these statutes. Assembly Bill 1509, approved by Governor Brown in October, extends the protections of these provisions, as specified, to an employee who is a family member of a person who engaged in, or was perceived to engage in, the protected conduct or make a complaint protected by these provisions.

Special Meal Period Waivers for Health Care Industry Employees Validated

Effective for almost two months now, Senate Bill 327 clarifies that the health care industry employee meal period waiver provisions contained in California Industrial Welfare Commission Wage Orders No. 4-2001 and No. 5-2001 § 11(D) were valid and enforceable on and after October 1, 2000, and continue to be valid and enforceable. The Wage Orders in question allow employees in the health care industry who work shifts in excess of eight hours to waive one of two meal periods in order to end their shifts earlier,

Protected Time Off for School and Child Care-Related Activities and Emergencies

Currently, Labor Code Section 230.8 prohibits employers with 25 or more employees working at the same location from discharging or discriminating against an employee who is a parent, guardian, or grandparent for taking off up to 40 hours each year for the purpose of participating in school activities, subject to certain conditions. The parent, guardian, or grandparent must custody of a child in a licensed child day care facility or in kindergarten or grades 1 to 12, inclusive. Senate Bill 579 expands the coverage of this law by (1) revising references to a “child day care facility” to refer to a “child care provider”; (2) including the addressing of a child care provider emergency or a school emergency, as defined, and the finding, enrolling, or reenrolling of a child in a school or with a child care provider as activities for which a parent having custody of a child may not be discriminated against or discharged; and (3) redefining “parent” as a parent, guardian, stepparent, foster parent, or grandparent of, or a person who stands in loco parentis to, a child.

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Employment of Grocery Workers by Successor Employer

Beginning January 1, 2016, when a “grocery
establishment” undergoes a change in control, the incumbent grocery employer must prepare a list of specified eligible grocery workers for the successor grocery employer, and the successor grocery employer must hire from this list during a 90-day transition period. A “grocery establishment” is defined as a retail store in the state of California that is over 15,000 square feet in size and sells primarily household foodstuffs for off-site consumption, including the sale of fresh produce, meats, poultry, fish, deli products, dairy products, canned foods, dry foods, beverages, baked foods, or prepared foods. A grocery establishment does not include a retail store that has ceased operations for six months or more.

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About the Author

Eric Kingsley

In practice since 1996, the firm's lawyer and co-founder, Eric B. Kingsley, has litigated complex cases and written numerous appeals in state and federal courts on behalf of the California law firm Kingsley & Kingsley, including More than 150 collective actions. Mr. Kingsley focuses his practice ...

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