April 18, 2021

Volume XI, Number 108


April 16, 2021

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April 15, 2021

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Employers Should Have These Pending Wage and Hour Bills On Their Radar

The California Legislature is well into its 2021 Legislative session and February 19 was the last day to introduce new bills. Below is a sampling of some wage and hour bills that employers should have on their radar.

Assembly Bill 1003 – Wage Theft as Grand Theft

AB 1003 would make an employer’s intentional theft of wages, in an aggregate amount greater than $950 punishable as grand theft. AB 1003 would prevent intentional theft of wages that is punished as grand theft from being punished under any other criminal provisions but would authorize wages, benefits, or other compensation to be recovered in a civil action by the employee or the Labor Commissioner.

Assembly Bill 436 – Inspection and copying of wage records

AB 436 would make the deadline to provide the itemized pay statements the same as personnel records to a current or former employee (e.g. thirty calendar days) if both are requested, providing employers additional time than currently permitted to provide wage records under the Labor Code.

Assembly Bill 1028 – Telework Flexibility Act

AB 1028 would allow more flexibility for workers who are teleworking. If passed, AB 1028 would permit remote employees to work longer work hours and not incur overtime, without going through an alternative workweek election. It would also allow employees working from home to opt-out of California’s meal and rest periods’ strict timing requirements.

Assembly Bill 230 – Flexible Work Schedules

Similar to AB 1028, AB 230 would permit nonexempt employees to request an employee-selected flexible work schedule providing a longer workday without incurring overtime similar to an alternative workweek.

The Legislature has also proposed several bills about independent contractors, seeking to exempt classes of workers from the ABC test, first codified in AB 5 in 2019. It is likely if further exemptions are passed, as in 2020, they will be in the form of a consolidated bill like AB 2257.

Jackson Lewis P.C. © 2021National Law Review, Volume XI, Number 62



About this Author

Leonora Schloss, Jackson Lewis Law Firm, Labor Law Attorney

Leonora “Lenny” M. Schloss is a Principal in the Los Angeles, California, office of Jackson Lewis P.C. Ms. Schloss specializes in wage and hour and leaves of absence issues, advises and trains employers on preventative measures, drafts policies and agreements, conducts wage and hour classification audits and training, and handles employment investigations.

Ms. Schloss has substantial experience litigating single plaintiff and class action discrimination, harassment, retaliation, wrongful termination, and wage/hour cases in...

John P. Nordlund, Jackson Lewis, wrongful termination lawyer, breach of contract attorney

John P. Nordlund is an Associate in the San Diego, California, office of Jackson Lewis P.C.

His practice focuses on the defense of employers and individuals in employment litigation matters under state and federal law, including individual plaintiff and representative action lawsuits for wrongful termination, breach of contract, discrimination, harassment, retaliation, wage and hour violations, and other related issues.

While attending law school, Mr. Nordlund served as a legal intern...