Amy L. Lessa, Esq. FISHER & PHILLIPS LLP 4225 Executive Square, Suite 950 La Jolla, California 92037 phone: (858) 597-9600 fax:      (858) 597-9601 www.laborlawyers.com

THE COUNTDOWN ON 2007 PROPOSED EMPLOYMENT LEGISLATION

This year, State lawmakers introduced 3,063 pieces of legislation. This included 2,802 regular bills, 22 constitutional amendments and 239 resolutions. At least 40 of the proposed bills were employment related in some manner. Lawmakers had until September 7, 2007, to amend their bills. The legislature had until September 14, 2007, to reject or pass the bills. Those that were passed are then sent to Governor Arnold Schwarzenegger to either sign or veto. Gov. Schwarzenegger has until October 14, 2007, to sign or veto all bills that were passed by the legislature on or before September 14, 2007. As of Wednesday afternoon September 13, 2007, Gov. Schwarzenegger had signed 213 bills, vetoed eight, and will decide the fate of more than 700 others.

We will continue to keep you posted on the status of the relevant employment bills and how they will impact employers in 2008. For a final summary of the bills that were signed by the Governor, be sure to attend NCPA's Legislative Update luncheon on November 14, 2007. In the meantime, following is a list of the employment related bills that at least made it to Gov. Schwarzenegger by September 13, 2007, for his final decision.

SB 549: Bereavement Leave As a Matter of Right - Requires employers to provide up to four days of unpaid job protected bereavement leave following the death of a spouse, child, parent, sibling, grandparent, grandchild, domestic partner or child of a domestic partner for all employees working in California. The bill would also provide protection for an employee who is discharged, threatened with discharge, demoted, suspended, or in any manner discriminated against as a result of taking the protected bereavement leave.

SB 622: Independent Contractors - This bill would prohibit the "willful misclassification" of employees as independent contractors and would authorize the Labor and Workforce Development Agency to assess civil penalties against employers for violating the bill.

SB 836: Familial Status Discrimination - This bill would make it illegal for employers to deny promotions or raises to employees who miss time from work due to obligations with children, sick spouses, and aging parents.

AB 1043: Choice of Law Provision - This bill would make null and void, any choice of law provision in, and for example, an employment application, employee handbook or employment agreement that requires state law other than California for addressing employment-related dispute, if imposed as a condition of employment.

AB 1707: Changes To Record Retention Laws - This bill would require that an employer furnish personnel files to a current or past employee or to their representative within 21 days of the request and keep such files for 4 years after termination of employment. Copies of the personnel file must be kept at the employee's workplace. The bill would authorize employees to recover a $750 penalty from an employer for failure to do so and to bring an action to obtain compliance.

This column is intended to provide general information and does not constitute legal advice. Amy Lessa is a senior associate of the La Jolla office of Fisher & Phillips LLP and Legislative Chair of NCPA. She may be reached at alessa@laborlawyers.com.

To Read The Archived Legislative Updates CLICK HERE