New laws passed in 2011 could affect hospital policies in 2012. Following is an overview of some of the 2012 laws affecting California employers. Most of the laws below apply to all workers, and those in bold would especially benefit hospital workers.
Unless specified, all new legislation goes into effect on January 1, 2012.
- Credit Check AB 22 prohibits employers and prospective employers, not including certain financial institutions, from obtaining and using an applicant’s or employee’s consumer credit report information.
- Pregnancy Disability Leave SB 299 requires all employers with five or more employees to continue to maintain and pay for health coverage under a group health plan for an eligible female employee who takes Pregnancy Disability Leave (PDL) up to a maximum of four months in a 12-month period. The benefits must be at the same level and under the same conditions as if the employee had continued working during the leave period.
- Notice of Pay Details AB 469 requires employers to provide nonexempt employees, at the time of hire, a new notice that specifies, among other things, specific information regarding payment of wages. This legislation also increases penalties or wage violations**.**
- Organ and Bone Marrow Donor Leave SB 272 clarifies the implementation of California’s organ and bone marrow donor leave law (Labor Code sections 1508-1512).
- E-Verify AB 1236 allows employers to continue to choose to use E-Verify, but prohibits California state agencies and local governments from passing mandates that require employers to use E-Verify.
- Interference With Rights Under Leave Laws AB 592 adds language to the California Family Rights Act (CFRA) and the Pregnancy Disability Leave law (PDL) that makes it unlawful to interfere with or in any way restrain the exercise of rights under these laws.
- Wage Penalties AB 551 increases the maximum penalty from $50 to $200 per calendar day for each worker paid less than the determined prevailing wage and increases the minimum penalty from $10 to $40 per day for violations of prevailing wage obligations.
- Insurance Non-Discrimination Act SB 757 prevents employers that operate in multiple states from discriminating against same-sex couples by not providing the same insurance coverage for domestic partners as they do for spouses.
- Safe Lifting - Hospitals AB 1136 provides that general acute care hospitals must maintain a safe patient handling policy for patient care units, including trained lift teams or training in safe lifting techniques for staff.
- Workers’ Compensation AB 335 requires the workers’ compensation administrative director (AD) to work with the Commission on Health and Safety and Workers’ Compensation (CHSWC) to develop regulations regarding notices to injured workers; requires AD and CHSWC to develop and make accessible a booklet written in plain language about the workers’ comp claims process; streamlines and simplifies other notices to employees. This new law also states that workers’ compensation notices posted by employers must now include the website address and contact information that employees may use to obtain further information about the workers’ compensation claims process and an injured employee’s rights and obligations, including the location and telephone number of the nearest information and assistance officer.
- DFEH Procedural Regulations The Department of Fair Employment and Housing (DFEH) has instituted new regulations relating to procedures for filing, investigating and processing discrimination and harassment claims. This law is already in effect.
Click here to view a complete list of bills enacted in California in 2011.