United States: The California Law-Making Baton Passes From Legislature To Governor

Last Updated: September 9 2014
Article by Christopher E. Cobey

By its own declaration, the California Legislature finished its 2013-2014 session in the early morning hours of Saturday, August 30 – a day early.  Those bills it passed are now on the way to, or pending before, Governor Jerry Brown.  The Legislature is in recess, with adjournment scheduled for November 30, 2014.  

The Governor normally has 12 days to sign bills he receives from the Legislature's engrossing and enrolling units.  However, he has until September 30 to sign or veto bills passed by the Legislature and in his possession on or after August 20. 

Signed Legislation Relating to Private-Sector Employers

Signed by the Governor since our last update

  • AB 1680: requires any person with a valid Child Performer Services Permit to include the permit number on advertising in print or electronic media, including, but not limited to, Internet Web sites, or in any other medium of advertising. 
  • AB 2074: clarifies that the statute of limitations for a suit filed to pursue liquidated damages for the failure to pay the minimum wage will run until the expiration of the statute of limitations for the wages in which the penalties are being sought. 
  • AB 2634: provides that any individual whose exercise or enjoyment of rights secured by the Constitution or laws of the United States, or of rights secured by the Constitution or laws of this state, has been interfered with, or attempted to be interfered with, may institute and prosecute in his or her own name and on his or her own behalf a civil action for damages, injunctive relief, and other appropriate equitable relief to protect the peaceable exercise or enjoyment of the right or rights secured, including appropriate equitable and declaratory relief to eliminate a pattern or practice of conduct in violation of specified civil rights laws
  • AB 2743: allows unionized, regular short-term theatrical employees or concert venue employees to pursue liquidated damages due to non-payment of wages after discharge. 
  • AB 2744: makes necessary conforming changes to reflect a recent merger of duties within the Division of Labor Standards Enforcement (DLSE), and more fully integrate enforcement of apprenticeship standards within the enforcement mechanisms already available to address other violations of the requirements for contractors and subcontractors on public works projects under existing law. 

Bills Passed and Headed to or on the Governor's Desk

  • AB 1522 (paid sick leave).  This is one of the most important private sector employment bills of the year, and the Governor has publicly intimated he will sign it – an unusual move for him.  If signed, the new law would take effect January 1, 2015; paid sick leave would begin to accrue starting July 1, 2015.  Passage of the bill was dramatic. The day before the session's planned adjournment, some unions withdrew their support of the bill as it was to be amended, because the amendments would remove paid sick leave coverage for in-home health care workers.  Coverage for that group of workers, normally paid by the state, would have cost more than $100 million a year, according to Brown administration estimates.  The Governor indicated he would sign the bill if that coverage was deleted, according to legislators' floor comments late on August 29 and early on August 30, the day of adjournment.     The 14-page bill's eight new statutes create a right to three days of paid sick leave per year for any employees (with four groups of exceptions) working at least 30 days in a calendar year. The Wage Theft Protection Act's (Labor Code §2810.5) required contents of the notice to covered employees paid on an hourly basis would be expanded from eight to nine categories of information.  The new category (new §2810.5(a)(1)(H), which has four subparts) that must be provided is:

    That an employee: may accrue and use sick leave; has a right to request and use accrued paid sick leave; may not be terminated or retaliated against for using or requesting the use of accrued paid sick leave; and has the right to file a complaint against an employer who retaliates.1 The California Chamber of Commerce (Cal Chamber) removed from the bill its powerful "Job Killer" label it had on this bill for most of the year as a result of the amendments negotiated to what became the final version of the bill (August 29 version).Cal Chamber remains opposed to the bill. 

  • AB 26: clarifies that work performed during the post-construction phases of construction on a public works project, including all cleanup work at the jobsite, is considered part of the project and should be compensated at the prevailing wage rate.
  • AB 1443: unlawful harassment of unpaid interns.
  • AB 1556: codifies a number of reforms to the policies and practices in the unemployment insurance (UI) program.
  • AB 1634: enacts various provisions of law related to an employer's obligation to abate an alleged workplace safety and health hazard.
  • AB 1660: among other purposes, clarifies existing law prohibiting discrimination against persons who hold or present a driver's license, as specified, under the Fair Housing and Employment Act, including the prohibition against national origin discrimination and the closely related issue of differential treatment on the basis of immigration status that may be presumed on the basis that an individual possesses a particular driver's license.
  • AB 1723: minimum wage citations issued by the Labor Commissioner will also include any applicable "waiting time" penalties provided for under existing law.
  • AB 1792: requires the preparation of an annual report related to employers with employee beneficiaries who are enrolled in public assistance programs ("public shaming").
  • AB 1870: makes changes to existing law related to the distribution of training contributions by the California Apprenticeship Council (CAC) to approved apprenticeship programs.
  • AB 1897: establishes specified liability for client employers that obtain workers from third-party labor contractors.  Cal Chamber has labeled this a "job killer" bill.
  • AB 2053: adding training in "abusive treatment" to existing required training of supervisor concerning sexual harassment.
  • AB 2271: enacts various provisions of law related to discrimination based on an individual's employment status (present unemployment).
  • AB 2272: specifies that "public work" for purposes of prevailing wage law also means infrastructure project grants from the California Advanced Services Fund (CASF) pursuant to existing law.
  • AB 2536: expands the definition of emergency rescue personnel to include an officer, employee, or member of a disaster medical response team sponsored or requested by the state and requires the designated employee to notify their employer of deployment for leave purposes.
  • AB 2617: prohibits the enforcement of arbitration agreements or pre-litigation settlement agreements that require the individual to waive their right to pursue a civil action for the alleged violation of civil rights.  Cal Chamber has labeled this a "job killer" bill.
  • AB 2634: restricts contractual waiver of certain civil rights statutes, including the FEHA.
  • SB 477: requires foreign labor contractors to register with the Labor Commissioner, as well as follow additional contractual and bonding requirements.
  • SB 556: establishes requirements for identification of providers of health and safety labor services.
  • SB 610: major overhaul of law governing franchises.
  • SB 1087: strengthens the farm labor contractor (FLC) standards by, among other things, increasing bonding requirements and raising licensure fees for FLC licensure enforcement, as specified; and prohibits the FLC who engage in sexual harassment from being issued a FLC's license or renewing the license.
  • SB 1299: requires Cal-OSHA, no later than July 1, 2016, to adopt standards that require specified hospitals to adopt a workplace violence prevention plan as part of their injury and illness prevention plan. 

Some Employment Bills That Did Not Make it Out of the Legislature This Year

  • AB 1543: would have required internet posting of notices of mass layoffs.
  • AB 1562: would have expanded eligibility for unpaid family and medical leave under the California Family Rights Act (CFRA) to public or private school employees.
  • AB 2330: would have required paid time off for school or day care visits.
  • AB 2448 (Workplace Flexibility Act of 2014): would have allowed employees, with employers' approval, to work 10-hour days without overtime for the 9th and 10th hours only.
  • AB 2095: would have allowed employer recovery of attorneys' fees on unsuccessful wage statement (Labor Code §226) suits.
  • AB 2416: would have permitted liens on unproven wage claims.
  • SB 404: would have added "familial status" to protected categories of FEHA.
  • SB 935: would have increased state minimum wage.
  • SB 1372: would have replaced a publicly traded corporation's current tax rate with a rate based on a ratio between its top paid employee and the median compensation it pays. 

Local Ordinances

  • City of San Diego: minimum wage and sick leave law vetoed August 8 by mayor; City Council voted to override the mayor's veto on August 18.  

Opponents are circulating petitions to call for a referendum on the ordinance.If the required number of valid signatures are submitted by the mid-month deadline, the effective date of the ordinance would be suspended until an election can be held in June 2016 for the voters to determine whether the ordinance should go into effect or not. 

Other Events Affecting the California Legislative Process or New Laws

In the sole scheduled gubernatorial candidates' debate on September 4, Governor Brown indicated that he expected to sign the single-use plastic bag ban (SB 270).


1 Littler will publish a more detailed article on this bill when/if signed into law. 

The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.

To print this article, all you need is to be registered on Mondaq.com.

Click to Login as an existing user or Register so you can print this article.

Christopher E. Cobey
Similar Articles
Relevancy Powered by MondaqAI
In association with
Related Topics
Similar Articles
Relevancy Powered by MondaqAI
Related Articles
Related Video
Up-coming Events Search
Font Size:
Mondaq on Twitter
Register for Access and our Free Biweekly Alert for
This service is completely free. Access 250,000 archived articles from 100+ countries and get a personalised email twice a week covering developments (and yes, our lawyers like to think you’ve read our Disclaimer).
Email Address
Company Name
Confirm Password
Mondaq Topics -- Select your Interests
 Law Performance
 Law Practice
 Media & IT
 Real Estate
 Wealth Mgt
Asia Pacific
European Union
Latin America
Middle East
United States
Worldwide Updates
Registration (you must scroll down to set your data preferences)

Mondaq Ltd requires you to register and provide information that personally identifies you, including your content preferences, for three primary purposes (full details of Mondaq’s use of your personal data can be found in our Privacy and Cookies Notice):

  • To allow you to personalize the Mondaq websites you are visiting to show content ("Content") relevant to your interests.
  • To enable features such as password reminder, news alerts, email a colleague, and linking from Mondaq (and its affiliate sites) to your website.
  • To produce demographic feedback for our content providers ("Contributors") who contribute Content for free for your use.

Mondaq hopes that our registered users will support us in maintaining our free to view business model by consenting to our use of your personal data as described below.

Mondaq has a "free to view" business model. Our services are paid for by Contributors in exchange for Mondaq providing them with access to information about who accesses their content. Once personal data is transferred to our Contributors they become a data controller of this personal data. They use it to measure the response that their articles are receiving, as a form of market research. They may also use it to provide Mondaq users with information about their products and services.

Details of each Contributor to which your personal data will be transferred is clearly stated within the Content that you access. For full details of how this Contributor will use your personal data, you should review the Contributor’s own Privacy Notice.

Please indicate your preference below:

Yes, I am happy to support Mondaq in maintaining its free to view business model by agreeing to allow Mondaq to share my personal data with Contributors whose Content I access
No, I do not want Mondaq to share my personal data with Contributors

Also please let us know whether you are happy to receive communications promoting products and services offered by Mondaq:

Yes, I am happy to received promotional communications from Mondaq
No, please do not send me promotional communications from Mondaq
Terms & Conditions

Mondaq.com (the Website) is owned and managed by Mondaq Ltd (Mondaq). Mondaq grants you a non-exclusive, revocable licence to access the Website and associated services, such as the Mondaq News Alerts (Services), subject to and in consideration of your compliance with the following terms and conditions of use (Terms). Your use of the Website and/or Services constitutes your agreement to the Terms. Mondaq may terminate your use of the Website and Services if you are in breach of these Terms or if Mondaq decides to terminate the licence granted hereunder for any reason whatsoever.

Use of www.mondaq.com

To Use Mondaq.com you must be: eighteen (18) years old or over; legally capable of entering into binding contracts; and not in any way prohibited by the applicable law to enter into these Terms in the jurisdiction which you are currently located.

You may use the Website as an unregistered user, however, you are required to register as a user if you wish to read the full text of the Content or to receive the Services.

You may not modify, publish, transmit, transfer or sell, reproduce, create derivative works from, distribute, perform, link, display, or in any way exploit any of the Content, in whole or in part, except as expressly permitted in these Terms or with the prior written consent of Mondaq. You may not use electronic or other means to extract details or information from the Content. Nor shall you extract information about users or Contributors in order to offer them any services or products.

In your use of the Website and/or Services you shall: comply with all applicable laws, regulations, directives and legislations which apply to your Use of the Website and/or Services in whatever country you are physically located including without limitation any and all consumer law, export control laws and regulations; provide to us true, correct and accurate information and promptly inform us in the event that any information that you have provided to us changes or becomes inaccurate; notify Mondaq immediately of any circumstances where you have reason to believe that any Intellectual Property Rights or any other rights of any third party may have been infringed; co-operate with reasonable security or other checks or requests for information made by Mondaq from time to time; and at all times be fully liable for the breach of any of these Terms by a third party using your login details to access the Website and/or Services

however, you shall not: do anything likely to impair, interfere with or damage or cause harm or distress to any persons, or the network; do anything that will infringe any Intellectual Property Rights or other rights of Mondaq or any third party; or use the Website, Services and/or Content otherwise than in accordance with these Terms; use any trade marks or service marks of Mondaq or the Contributors, or do anything which may be seen to take unfair advantage of the reputation and goodwill of Mondaq or the Contributors, or the Website, Services and/or Content.

Mondaq reserves the right, in its sole discretion, to take any action that it deems necessary and appropriate in the event it considers that there is a breach or threatened breach of the Terms.

Mondaq’s Rights and Obligations

Unless otherwise expressly set out to the contrary, nothing in these Terms shall serve to transfer from Mondaq to you, any Intellectual Property Rights owned by and/or licensed to Mondaq and all rights, title and interest in and to such Intellectual Property Rights will remain exclusively with Mondaq and/or its licensors.

Mondaq shall use its reasonable endeavours to make the Website and Services available to you at all times, but we cannot guarantee an uninterrupted and fault free service.

Mondaq reserves the right to make changes to the services and/or the Website or part thereof, from time to time, and we may add, remove, modify and/or vary any elements of features and functionalities of the Website or the services.

Mondaq also reserves the right from time to time to monitor your Use of the Website and/or services.


The Content is general information only. It is not intended to constitute legal advice or seek to be the complete and comprehensive statement of the law, nor is it intended to address your specific requirements or provide advice on which reliance should be placed. Mondaq and/or its Contributors and other suppliers make no representations about the suitability of the information contained in the Content for any purpose. All Content provided "as is" without warranty of any kind. Mondaq and/or its Contributors and other suppliers hereby exclude and disclaim all representations, warranties or guarantees with regard to the Content, including all implied warranties and conditions of merchantability, fitness for a particular purpose, title and non-infringement. To the maximum extent permitted by law, Mondaq expressly excludes all representations, warranties, obligations, and liabilities arising out of or in connection with all Content. In no event shall Mondaq and/or its respective suppliers be liable for any special, indirect or consequential damages or any damages whatsoever resulting from loss of use, data or profits, whether in an action of contract, negligence or other tortious action, arising out of or in connection with the use of the Content or performance of Mondaq’s Services.


Mondaq may alter or amend these Terms by amending them on the Website. By continuing to Use the Services and/or the Website after such amendment, you will be deemed to have accepted any amendment to these Terms.

These Terms shall be governed by and construed in accordance with the laws of England and Wales and you irrevocably submit to the exclusive jurisdiction of the courts of England and Wales to settle any dispute which may arise out of or in connection with these Terms. If you live outside the United Kingdom, English law shall apply only to the extent that English law shall not deprive you of any legal protection accorded in accordance with the law of the place where you are habitually resident ("Local Law"). In the event English law deprives you of any legal protection which is accorded to you under Local Law, then these terms shall be governed by Local Law and any dispute or claim arising out of or in connection with these Terms shall be subject to the non-exclusive jurisdiction of the courts where you are habitually resident.

You may print and keep a copy of these Terms, which form the entire agreement between you and Mondaq and supersede any other communications or advertising in respect of the Service and/or the Website.

No delay in exercising or non-exercise by you and/or Mondaq of any of its rights under or in connection with these Terms shall operate as a waiver or release of each of your or Mondaq’s right. Rather, any such waiver or release must be specifically granted in writing signed by the party granting it.

If any part of these Terms is held unenforceable, that part shall be enforced to the maximum extent permissible so as to give effect to the intent of the parties, and the Terms shall continue in full force and effect.

Mondaq shall not incur any liability to you on account of any loss or damage resulting from any delay or failure to perform all or any part of these Terms if such delay or failure is caused, in whole or in part, by events, occurrences, or causes beyond the control of Mondaq. Such events, occurrences or causes will include, without limitation, acts of God, strikes, lockouts, server and network failure, riots, acts of war, earthquakes, fire and explosions.

By clicking Register you state you have read and agree to our Terms and Conditions