Enacted California Legislation & Regulations by 2013 Effective Date


Jurisdiction Bill Number Summary Effective Date
CA 2013 Meals & Lodging Cash Values For calendar year 2013, the cash value of meals and lodging for tax purposes is as follows: 3 meals per day: $10.90 (breakfast: $2.35; lunch: $3.30; dinner: $5.20-Note that these amounts add up to $10.85, not $10.90); and a meal not identifiable as either breakfast, lunch or dinner: $3.80. 1/1/2013
CA 2013 Minimum Pay Requirements for Exempt Employees The DLSE announced a $1.01 increase in the hourly rate for computer professionals, from $38.89 to $39.90 per hour. The monthly rate increases $175.56, from $6,752.19 to $6,927.75 per month. Finally, the annual salary increases $2,106.68, from $81,026.25 to $83,132.93 per year. DLSE announced a $1.84 increase in the hourly rate for licensed physicians and surgeons, from $70.86 to $72.70 per hour. 1/1/2013
CA AB 1396 Existing statutory law requires an employer who has no permanent and fixed place of business in the state and who enters into a contract of employment involving commissions as a method of payment with an employee for services to be rendered within the state to put the contract in writing and to set forth the method by which the commissions are required to be computed and paid. An employer who does not comply with those requirements is liable to the employee in a civil action for triple damages. This bill, by January 1, 2013, makes this contract requirement applicable to all employers entering into a contract of employment involving commissions as a method of payment with an employee for services to be rendered in the state. 1/1/2013
CA AB 1536 Allows motorists to dictate, send or listen to text-based messages while behind the wheel if using voice-activated, hands-free devices. 1/1/2013
CA AB 1744 Existing law requires every employer, semimonthly or at the time of each payment of wages, to furnish each employee with an accurate itemized statement in writing showing specified information. This bill additionally requires that the itemized statement include, if the employer is a temporary services employer, the rate of pay for each assignment and total hours worked for each legal entity, with a specified exception. Existing law requires an employer to provide each employee, at the time of hiring, with a notice that includes specified information, such as the rate of pay and basis thereof (whether hourly, salary, commission, or otherwise), and to notify each employee in writing of any changes to the information set forth in the notice within 7 calendar days of the changes unless such changes are reflected on a timely wage statement or another writing, as specified. This bill additionally requires that, if the employer is a temporary services employer, staffing agency, or professional employer organization, the notice must include the name, the physical address of the main office, the mailing address if different from the physical address of the main office, and the telephone number of the legal entity for whom the employee will perform work, and any other information the Labor Commissioner deems material and necessary. 1/1/2013
CA AB 1844 Prohibits an employer from requiring or requesting an employee or applicant for employment to disclose a user name or password for accessing personal social media, as specified. Also prohibits an employer from discharging, disciplining, threatening to discharge or discipline, or otherwise retaliating against an employee or applicant for not complying with a request or demand by the employer that violates these provisions. 1/1/2013
CA AB 1964 Workplace Religious Freedom Act of 2012. Adds “religious dress practice” and “religious grooming practice” as a belief or observance to existing protections against religious discrimination in the FEHA. The amended Act directs “religious dress practice” to be broadly construed and “to include the wearing or carrying of religious clothing, head or face coverings, jewelry, artifacts, and any other item that is part of the observance by an individual of his or her religious creed.” The amended Act likewise directs that “religious grooming practice” be broadly construed “to include all forms of head, facial, and body hair that are part of the observance by an individual of his or her religious creed.” In addition, an accommodation of an individual’s religious dress or grooming practice that would require that person to be segregated from the public or other employees is not a reasonable accommodation. 1/1/2013
CA AB 2103 Provides that payment of a fixed salary to a nonexempt employee shall be deemed to provide compensation only for the employee’s regular, non-overtime hours, notwithstanding any private agreement to the contrary. 1/1/2013
CA AB 2188 Adds second and subsequent convictions for texting while driving as a serious traffic violation, which disqualifies a driver from operating a commercial motor vehicle for a specified time period. 1/1/2013
CA AB 2386 In existing fair employment laws, “sex,” includes gender, pregnancy, childbirth, and medical conditions related to pregnancy or childbirth. This bill provides that, for purposes of the laws, the term “sex” also includes breastfeeding or medical conditions related to breastfeeding. 1/1/2013
CA AB 2492 Existing law prohibits employers from engaging in certain acts that prevent employees from disclosing information to the government or a law enforcement agency or from acting in furtherance of a false claims action. Existing law requires that a civil action for a false claim be filed within a specified time period. This bill defines the term obligation for purposes of these provisions and expands the definition of a claim. The bill provides specified relief to any employee, contractor, or agent that is, among other things, discharged, demoted, suspended, or in any other manner discriminated against in the terms and conditions of his or her employment because of certain acts done by the employee, contractor, or agent in furtherance of these provisions or to stop one or more violations, as specified. The bill modifies the statute of limitations of certain civil actions, as specified. 1/1/2013
CA AB 2674 Requires an employer to maintain personnel records for a specified period of time and to provide a current or former employee, or his or her representative, an opportunity to inspect and receive a copy of those records within a specified period of time, except during the pendency of a lawsuit filed by the employee or former employer relating to a personnel matter. 1/1/2013
CA AB 2675 Existing law requires that whenever an employer enters into a contract of employment with an employee for services to be rendered within this state and the contemplated method of payment of the employee involves commissions, the contract must be in writing and set forth the method by which the commissions are to be computed and paid. This bill exempts from this requirement temporary, variable incentive payments that increase, but do not decrease, payment under the written contract. 1/1/2013
CA SB 1140 Provides that marriage is a personal relation arising out of a civil, and not religious, contract. 1/1/2013
CA SB 1177 Prohibits, in cases where an employer is convicted of a crime against an employee, a payment to the employee or the employee’s dependent that is made by the employer’s workers’ compensation insurance carrier from being used to offset the restitution owed unless the court finds that the defendant substantially met the obligation to pay premiums for that insurance coverage. 1/1/2013
CA SB 1186 Reduces statutory damages and litigation protections for defendants who correct violations concerning physical access to buildings by disabled persons; prevents stacking of multiple claims to increase statutory damages; bans pre-litigation demands for money; allows either party to request a mandatory evaluation conference conducted by the court within 90 to 120 days of the request. 1/1/2013
CA SB 1255 Provides that an employee is deemed to suffer injury if the employer fails to provide a wage statement or fails to provide a wage statement showing the name of the employee and the last 4 digits of his or her Social Security number or employee identification number. Also provides that an employee is deemed to suffer injury for that penalty if the employer fails to provide accurate and complete information and the employee cannot promptly and easily determine from the wage statement alone the amount and manner in which the employer calculated the gross and net wages paid to the employee during the pay period, the deductions the employer made from the gross wages to determine the net wages paid to the employee during the pay period, and the name and address of the employer or legal entity that secured the services of the employer. 1/1/2013
CA SB 1574 Reforms electronic discovery procedures. 1/1/2013
CA SB 863 Provides for a substantial revision of the workers’ compensation laws. Relates to chiropractic doctors, a specified return-to-work program, labor-management agreements, self-insured employers, surgery, re-training and skill enhancement, home health care services, independent medical review, medical provider networks, billing, liens, language interpretation services, and certain reporting requirements. 1/1/2013

This update is provided by Gary W. Bethel and Littler Mendelson in order to review the latest developments in employment law. This update is designed to provide accurate and informative information and should not be considered legal advice. © 2012 Littler Mendelson. All rights reserved.


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