Comparison of Federal and Ca Labor Lawas

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HUMAN RESOURCES MANAGEMENT FEDERAL & CALIFORNIA EMPLOYMENT LAW COMPARISON – February, 2013 FEDERAL Americans with Disabilities Act (ADA) (1990) & ADA Amendments Act (ADAAA) (2008) CALIFORNIA Fair Employment and Housing Act (FEHA) DIFFERENCES FEHA is stricter than ADA: applies to employers with 5+ employees and requires “reasonable accommodation” for persons with disabilities (CA disabled is defined as “limited” in one or more of major life activities rather than “substantially limited” as required under ADA) State law takes precedence – differences in age group work, IWC minimum wage, overtime, etc. CA employers with 2 employees or more vs. 20 or more for the Federal; extends coverage to 36 months for those laid off and not eligible for insurance coverage after 18 mos. Expansion of whistleblower (WB) protections under SOX by including the creation of SEC and Commodities Futures Trading Commission (CFTC) whistleblower programs. WB can be awarded a share of sanctions that exceed $1MM and retaliation claim actions can go directly to federal district court. State law is almost identical to Federal, but applies only to persons or businesses contracting with CA. CA Appeals Ct. ruled – employers are within rights in refusing to hire an applicant who tests positive to marijuana, despite CA law permitting doctor prescribed medical marijuana. State law also prohibits retaliation for employee who refuses to submit to polygraph test. CA law provides stricter notification and disclosure requirements than federal law when employers are seeking to obtain background information (CC §1786) and credit reports (CC §1785) on job applicants and employees. (AB22 – 1/1/12) prohibits employers, except managers and certain financial and other positions, from getting and getting and using credit reports on job applicants and employees. To protect individuals from ID theft, allows annual free credit reports and other ID protections. Also, all employment records that contain personal information must be disposed of by shredding or burning. Employers that use outside party to dispose of records are expected to conduct due diligence in hiring a document destruction contractor.

Child Labor Laws Consolidated Omnibus Budget Readjustment Act of 1986 (COBRA) Dodd-Frank Wall Street Reform and Consumer Protection Act (2011)

Child Labor Laws Cal-COBRA

Drug-Free Workplace Act (1988)

CA Drug-free Workplace Act (1990)

Employee Polygraph Protection Act (1988) Fair Credit Reporting Act (1971) and amendments

Labor Code Section 432.2 Investigative Consumer Reporting Agencies Act (ICRAA). (2001, CA Civil Code §1786) and Consumer Credit Reporting Agencies Act (CCRAA). (CA Civil Code §1785) This Federal Law preempted previous CA FACT law of 1994

Fair and Accurate Credit Transactions (FACT) Act (2003)

HUMAN RESOURCES MANAGEMENT FEDERAL & CALIFORNIA EMPLOYMENT LAW COMPARISON – February, 2013

Family Medical Leave Act (FMLA) (1993)

California Family Rights Act (CFRA) (1992)

FMLA Amendments (2008) (2011)

Federal Rules of Civil Procedure (2006 Amendments)

CA Electronic Discovery Act (2009)

Genetic Information Nondiscrimination Act (GINA) (2008)

Genetic Information Discrimination (CA SB 559, effective 1/1/2012)

Health Insurance Portability and CA HIPAA (2001) & Accountability Act (HIPAA) Confidentiality of (1996) Medical Information Act. (2003) (part of CA Civil Code)

CA laws have been amended to conform with Federal regulations, except includes registered domestic partners. Also includes all classes of employees for 50+ employee count. 2008: Extends Federal Act to Military Caregiver Leave (up to 6 mos. in 12 month period for active duty injuries/illnesses) and Military Family Leave for “qualifying exigency”. New employer notice obligations. June 2011: US DOL added employees who assume role of caring in loco parentis for a child. These employees will receive parental rights under FMLA regardless of legal or biological...
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