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2013 Labor and Employment Legislation Update - California Senate
Wednesday, May 1, 2013

The 2013 California legislative session is in full swing and with it there is a spate of new bills amending and adding to the labyrinth that is California labor and employment law.  It is too early to know which bills will survive and pass the Senate and Assembly by the September 13, 2013 deadline.  Nonetheless, we have summarized below the bills introduced in the California Senate that are moving through the process and seem most likely to pass one or both chambers this year.

  • Senate Bill (S.B.) No. 168 amends the law to clarify successor liability that farm labor contractors owe for the wages of any predecessor farm labor contractor.  If certain conditions are met, farm labor contractors would be liable for wages and penalties owed and may face misdemeanor charges in certain circumstances.

  • S.B. No. 270 amends existing law to require agencies participating in the Joint Enforcement Strike Force on the Underground Economy to coordinate their law enforcement efforts and more efficiently share information, to the extent possible.  The Strike Force is intended to combat tax violations and cash-based employment.

  • S.B. No. 390 amends the law so that it is a crime punished as either a felony or misdemeanor for an employer to fail to remit withholdings required by state, local or federal law from an employee’s wages.  Current law makes it a crime to fail to remit agreed-upon withholdings for health and welfare funds, pension funds, and various benefit plans.

  •  S.B. No. 400 amends current law to extend anti-discrimination employment protections to victims of stalking.  Current law only protects employees who take time off from work to attend to issues arising from domestic violence or sexual assault.

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