The California Legislature is well into its 2021 Legislative session and February 19 was the last day to introduce new bills. Below is a sampling of some wage and hour bills that employers should have on their radar.

Assembly Bill 1003 – Wage Theft as Grand Theft

AB 1003 would make an employer’s intentional theft of wages, in an aggregate amount greater than $950 punishable as grand theft. AB 1003 would prevent intentional theft of wages that is punished as grand theft from being punished under any other criminal provisions but would authorize wages, benefits, or other compensation to be recovered in a civil action by the employee or the Labor Commissioner.

Assembly Bill 436 – Inspection and copying of wage records

AB 436 would make the deadline to provide the itemized pay statements the same as personnel records to a current or former employee (e.g. thirty calendar days) if both are requested, providing employers additional time than currently permitted to provide wage records under the Labor Code.

Assembly Bill 1028 – Telework Flexibility Act

AB 1028 would allow more flexibility for workers who are teleworking. If passed, AB 1028 would permit remote employees to work longer work hours and not incur overtime, without going through an alternative workweek election. It would also allow employees working from home to opt-out of California’s meal and rest periods’ strict timing requirements.

Assembly Bill 230 – Flexible Work Schedules

Similar to AB 1028, AB 230 would permit nonexempt employees to request an employee-selected flexible work schedule providing a longer workday without incurring overtime similar to an alternative workweek.

The Legislature has also proposed several bills about independent contractors, seeking to exempt classes of workers from the ABC test, first codified in AB 5 in 2019. It is likely if further exemptions are passed, as in 2020, they will be in the form of a consolidated bill like AB 2257.

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Jackson Lewis tracks state and local legislation relevant to employers. If you have questions about these pending bills or other employment law legislation, contact a Jackson Lewis attorney to discuss.

 

Photo of Leonora M. Schloss Leonora M. Schloss

Lenny Schloss brings to bear her 30 + years of experience as a labor and employment attorney to provide employers with effective legal advice and business-oriented solutions to help them achieve their objectives in a cost-effective manner. Lenny works every day to deliver…

Lenny Schloss brings to bear her 30 + years of experience as a labor and employment attorney to provide employers with effective legal advice and business-oriented solutions to help them achieve their objectives in a cost-effective manner. Lenny works every day to deliver results that exceed her clients’ expectations.

Lenny’s legal experience extends beyond her 30 + years in practice. Her first exposure to the law—and a key motivating factor in her choosing law as a profession—was navigating legal documents for her family as a first-generation American with parents who fled from Eastern Europe during World War II. It was that experience that influenced her dedication to ensuring a practical approach to solving problems for clients and her proactive client service mindset on every matter.