BILL NUMBER: AB 2095 CHAPTERED
BILL TEXT
CHAPTER 737
FILED WITH SECRETARY OF STATE SEPTEMBER 29, 2006
APPROVED BY GOVERNOR SEPTEMBER 29, 2006
PASSED THE ASSEMBLY AUGUST 22, 2006
PASSED THE SENATE AUGUST 16, 2006
AMENDED IN SENATE AUGUST 7, 2006
AMENDED IN SENATE JUNE 26, 2006
AMENDED IN ASSEMBLY MAY 30, 2006
AMENDED IN ASSEMBLY APRIL 24, 2006
INTRODUCED BY Assembly Member Niello
FEBRUARY 17, 2006
An act to amend Section 12950.1 of the Government Code, and to
amend Section 204 of the Labor Code, relating to employment.
LEGISLATIVE COUNSEL'S DIGEST
AB 2095, Niello Employment practices.
Existing law makes certain specified employment practices
unlawful, including the harassment of an employee directly by the
employer or indirectly by agents of the employer with the employer's
knowledge. Existing law additionally requires employers with 50 or
more employees to provide, by January 1, 2006, at least 2 hours of
training and education regarding sexual harassment to all supervisory
employees, as specified, who have been employed as of January 1,
2005, unless the employer has provided that training and education to
these employees after January 1, 2003. This training must be
provided to all supervisory employees once every 2 years and to all
new supervisory employees within 6 months of their assumption of
supervisory duties.
This bill would limit the training requirement to supervisory
employees within California. The bill would also make technical,
nonsubstantive changes to these provisions.
Under existing law, all wages earned by a person in any employment
are due and payable twice during each calendar month, except as
specified. Existing law provides that this requirement shall be
deemed satisfied if the wages are paid not more than 7 calendar days
following the close of the payroll period, and further provides that
the payment of wages for labor in excess of the normal work period
must be made no later than the payday for the next regular payroll
period. Existing law further requires an employer to furnish each
employee semimonthly or at the time of each payment of wages with an
accurate itemized statement showing, among other things, the total
hours worked by the employee, with a specified exception.
This bill would provide that an employer has complied with the
latter requirement if overtime hours worked in the current pay period
are itemized as corrections on the paystub for the next regular pay
period. This bill would further require that corrections included in
a subsequently issued paystub identify the dates of the pay period to
which they refer.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. Section 12950.1 of the Government Code is amended to
read:
12950.1. (a) By January 1, 2006, an employer having 50 or more
employees shall provide at least two hours of classroom or other
effective interactive training and education regarding sexual
harassment to all supervisory employees in California who are
employed as of July 1, 2005, and to all new supervisory employees
within six months of their assumption of a supervisory position. Any
employer who has provided this training and education to a
supervisory employee after January 1, 2003, is not required to
provide training and education by the January 1, 2006, deadline.
After January 1, 2006, each employer covered by this section shall
provide sexual harassment training and education to each supervisory
employee in California once every two years. The training and
education required by this section shall include information and
practical guidance regarding the federal and state statutory
provisions concerning the prohibition against and the prevention and
correction of sexual harassment and the remedies available to victims
of sexual harassment in employment. The training and education shall
also include practical examples aimed at instructing supervisors in
the prevention of harassment, discrimination, and retaliation, and
shall be presented by trainers or educators with knowledge and
expertise in the prevention of harassment, discrimination, and
retaliation.
(b) The state shall incorporate the training required by
subdivision (a) into the 80 hours of training provided to all new
supervisory employees pursuant to subdivision (b) of Section 19995.4,
using existing resources.
(c) For purposes of this section only, "employer" means any person
regularly employing 50 or more persons or regularly receiving the
services of 50 or more persons providing services pursuant to a
contract, or any person acting as an agent of an employer, directly
or indirectly, the state, or any political or civil subdivision of
the state, and cities.
(d) Notwithstanding subdivisions (j) and (k) of Section 12940, a
claim that the training and education required by this section did
not reach a particular individual or individuals shall not in and of
itself result in the liability of any employer to any present or
former employee or applicant in any action alleging sexual
harassment. Conversely, an employer's compliance with this section
does not insulate the employer from liability for sexual harassment
of any current or former employee or applicant.
(e) If an employer violates this section, the commission shall
issue an order requiring the employer to comply with these
requirements.
(f) The training and education required by this section is
intended to establish a minimum threshold and should not discourage
or relieve any employer from providing for longer, more frequent, or
more elaborate training and education regarding workplace harassment
or other forms of unlawful discrimination in order to meet its
obligations to take all reasonable steps necessary to prevent and
correct harassment and discrimination.
SEC. 2. Section 204 of the Labor Code is amended to read:
204. (a) All wages, other than those mentioned in Section 201,
202, 204.1, or 204.2, earned by any person in any employment are due
and payable twice during each calendar month, on days designated in
advance by the employer as the regular paydays. Labor performed
between the 1st and 15th days, inclusive, of any calendar month shall
be paid for between the 16th and the 26th day of the month during
which the labor was performed, and labor performed between the 16th
and the last day, inclusive, of any calendar month, shall be paid for
between the 1st and 10th day of the following month. However,
salaries of executive, administrative, and professional employees of
employers covered by the Fair Labor Standards Act, as set forth
pursuant to Section 13(a)(1) of the Fair Labor Standards Act, as
amended through March 1, 1969, in Part 541 of Title 29 of the Code of
Federal Regulations, as that part now reads or may be amended to
read at any time hereafter, may be paid once a month on or before the
26th day of the month during which the labor was performed if the
entire month's salaries, including the unearned portion between the
date of payment and the last day of the month, are paid at that time.
(b) (1) Notwithstanding any other provision of this section, all
wages earned for labor in excess of the normal work period shall be
paid no later than the payday for the next regular payroll period.
(2) An employer is in compliance with the requirements of
subdivision (a) of Section 226 relating to total hours worked by the
employee, if hours worked in excess of the normal work period during
the current pay period are itemized as corrections on the paystub for
the next regular pay period. Any corrections set out in a
subsequently issued paystub shall state the inclusive dates of the
pay period for which the employer is correcting its initial report of
hours worked.
(c) However, when employees are covered by a collective bargaining
agreement that provides different pay arrangements, those
arrangements shall apply to the covered employees.
(d) The requirements of this section shall be deemed satisfied by
the payment of wages for weekly, biweekly, or semimonthly payroll if
the wages are paid not more than seven calendar days following the
close of the payroll period.