Points California Employees Need to Learn About SB 459

The 2012 may become a promising year for many California employees because of the passing of certain employment laws benefiting the workforce sector. The newly signed employment statutes will take effect starting January 1, 2012.

The following are the determined new California employment laws:

• Employment Acceleration Act of 2011 (AB 1236)
• Law prohibiting employers to use employee’s credit reports (AB 22)
• Gender Nondiscrimination Act (AB 887)
• Insurance Nondiscrimination Act (SB 757)
• Wage Theft Prevention Act of 2011 (AB 469)
• Bill about new requirements related to commission plans (AB 1396)
• Law requiring employers to allow employee leave for bone marrow and organ donation (SB 1304)

Understanding the Basics of California Senate Bill 459

Aside from the mentioned new laws, California employees may also expect to be protected by the SB 459. The Bill intends to safeguard covered employees from employment misclassification.

The Bill was signed into law by California Governor Edmund “Jerry” Brown on October 9, 2011. In accordance with the new law, Sections 226.8 and 2754 will be added to the California Labor Code so as to impose penalties to employers who willfully participate in misclassification of regular workers as independent contractors.

The reason behind the realization of the new law is the proliferation of misclassified employees in the State of California. There were numerous news reports about the deceitful schemes of certain California employers who misclassify their regular employees as independent contractors in order to avoid spending much for employees’ salary and benefits.

Provisions Set by SB 459

It is essential for any California employee to learn the salient points of SB 459 in order to avoid having their rights being compromised. The following are the vital provisions set by SB 459 that employers and employees need to adhere to:

• Employers are not allowed to misclassify employees as independent contractors
• It is unlawful for employers to charge any fees to misclassified employees
• The Labor and Workforce Development Agency (LWDA) is responsible for charging fines from $5,000 to $15,000 per offense to non-complying employers

In case you become a victim of employment misclassification in California in 2012, you consult with a California employment attorney to evaluate your concern. If your case is valid and has legal basis, you may file a legal complaint with the LWDA to resolve the dispute. Furthermore, you may be able to recover damages from the non-complying employer if proven guilty of violating SB 259.

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