New labor laws of CA DIR Highlights In The new year

As the new year begins, the Department of industrial relations (DIR) reminds employers of new labor laws, becoming effective in 2011. The intention of the new legislation varies to provide more flexibility for employers, the expansion of paid leave for employees. The following new laws come into force on 1 January 2011:

New exemptions meal break off duty
569 AB provides greater legal clarity to 512 (a) of the labour code section that requires that employers provide their employees, who work more than six hours in a day, breaking a meal off-duty 30 minutes after five hours of work.   The new law adds the section 512.7 of the labour code and will waive the meal off-duty break requirement workers in specific industries that are covered by a collective agreement containing provisions of meal period.   The employee groups include: construction workers, professional drivers, security officers and employees of electric and gas corporations or local public electricity.   These are the positions where it was considered that a break off-duty meal may be impractical or industries.  The review was made to better meet the requirements of specific positions.   The Bill was introduced by House Bill Emmerson (R-Hemet).

Workers compensation extended the qualification of employees of the public service
AB 2253 expands the eligibility of workers compensation for firefighters and policemen who developed certain types of cancer that reasonably are linked to their jobs.  Existing law provides that such presumption is extended for a period of three months for each completed year of service, the employee worked, should not to exceed 60 months beyond its last day of service.  Pending legislation will extend this time period for up to 120 months and will change the section of the labour code 3212.  The Bill was introduced by House Joe Coto (D-San Jose).

Body/leave bone marrow donors and benefits to employees of private employers
SB 1304 private requires employers to allow employees to have paid leaves of absence to donate organs and bone marrow, similar to existing provisions for employees of the State of California. Under the new law, private employers are prohibited from interfering with employees taking leave of organ donation or marrow and upon completion of the license must allow them to return to the same job or an equivalent. The Bill, introduced by Senator Mark DeSaulnier (D-Concord), further prohibits retaliation of the employee to take the license and provides employees to seek redress if these rights are violated.

Foundation of new procedures and definition clarified for CAL/OSHA Serious Citations
California employers are legally required to provide employees with a safe working environment. California law authorised DIR's Division of safety and health, better known as cal/OSHA, impose regulations applicable health and safety and issue citations where investigations reveal that an employer has committed violations of standards, including violations causing an employee suffering or potentially suffer, among other things, "serious injury or illness" or "serious bodily harm". 2774 AB, introduced by a member of the Assembly Sandré Swanson r. (D-Alameda), amends section of the labour code 6432 define serious physical injury and establishes a rebuttable presumption for when an employer commits a serious breach of these provisions.  The Bill establishes new procedures and standards for a serious investigation by issuing citations.  (See GO # 2010-28, "application of CAL/OSHA strengthened with the signing of the new law"

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