Personnel Record Copies And Wage Statements Law Employment Essay

Published Date: 02 Nov 2017

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Organizing and Elections

Introduction

2013 changes in the NYS labor law include an increase in the minimum wage and an expectation that there will be legislation to reintroduce bills aimed at outlawing discrimination based on gender expression, eliminating workplace bullying, and enhancing social media privacy. Separately, the New York City Council, New York City's local governing body, has introduced bills prohibiting employees from waiving their rights under the New York City Human Rights Law unless the waivers are entered into knowingly and voluntarily, and prohibiting employers from discriminating based on pregnancy, childbirth or a related condition.

It is very clear that a new year actually means a new employment law in California. Therefore this year 2013 in New York there have been a new labor and employment laws that have gone in to effect. The labor code which is in section 226.8 [1] in California which has actually imposed a maximum of 25,000 dollars and a minimum of 5,000 dollars fine for intentional misclassification of an individual has gone in to effect. The following essay seeks to look on some of the new employment laws that have gone in to effect in 2013 that actually started January.

The commission pay pact (AB 1396 [2] )

It stated that any employer whether based outside California or whether in California with other California based workers who are under commission payment should have a written type of agreement with the other workers who actually states how the commissions are calculated and also paid. According to this agreement the term commission should not comprise the profit sharing or the bonus plans except in circumstances where the employer gives the worker a fixed amount of profits or sales as compensation for the work which is going to be done.

The wage statement violation fines or penalties (SB 1255 [3] )

The code 226 within the California labor code actually does require the employers to give their workers/employees the wage statement that comprise the 9 classes of exact information. Till now, the employer doesn’t have a fund liability under which is under section 226 except in situations where the worker shows some kind of injury. The new law enacted gives this section some teeth. The worker will actually be considered to suffer injury if at all the employer doesn’t give a wage statement, similarly if the employer gives an incomplete or inaccurate data on the wage statement, and again the worker can’t easily determine from the salary statement only any of the below:

The deductions that were made from the gross earnings to define the net salaries.

The employer’s address and his/her name

The worker’s name and also the last 4 digits of the worker’s security number.

The net wages or the amount of gross that was paid during the period of payment, the number of hours that were worked, the number of piece rate units and also the deductions, the inclusive period/date for the pay period and finally all the valid hourly rates.

The penalties and fines actually doesn’t change the bigger of all damages/50 dollars for the start pay time, and 100 dollars for the violation in a succeeding pay time, upto 4000 dollars the highest.

Personnel Record Copies and wage statements (AB 2674 [4] )

This new law has been amending the California’s labor code in sections 1198 [5] and 226, it requires the employers to actually keep either a copy of the real worker salary statement or a machine/computer produced record that precisely gives all the information which is needed to be on the wage/salary statement. If the bosses are not presently keeping the statements of employees’ wages or the computerized statements that precisely reflect all the 9 groups of information which is required under the California labor code in section 226, therefore they will have with immediate effect start doing so.

Additionally this new law extends the worker rights and the employer compulsion which regards to the examination of personnel records. Consequently under section 1198 the workers have the freedom to examine the personnel records under definite circumstances.

It permits the workers to acquire a copy of the personnel records in addition to examining them.

It clarifies that the examination rights do apply to the existing and the prior workers

It permits the workers agents for instance the attorneys to create copy or the examination requests on behalf of existing or the prior workers except when there is existing complaint.

It also requires the compliance with an examination or copy enquire within thirty day.

The employers should also make a form that present and the previous workers can use to enquire examination or the copying of their files. If the employer do infringes these requirements, the worker (former or current) or the labor commissioners can do recuperate a 750 dollar penalty from the employer and get injunctive release and the attorney’s charges. Similarly under the present law an employer who actually fails to allow an inspection of these records is remorseful of an offense. However this new law alters the offense to an infraction.

The notice and wage statement requirements for temporary service employers (AB 1744 [6] )

As at 2013 the temporary services workers under the new California Labor Code in section 226, the service employers were then needed to give itemized wage statement that comprises the rate of pay and also the number of hours worked for each of the task given.

The California labor code which is in section 2810, currently requires an employer to give each of the workers at the time of signing the job contract with a notification that consists the information for instance the workers wage basis and the rate, whether to work on hourly basis, salary among others. The section will further require the temporary employer to give in the notification the physical address of the main center/office and the name, the mailing address when they are different from the physical address. The telephone contacts of the law entity are also important among other information are provided.

The nonexempt Employee wages (AB 2103 [7] )

Within the California labor law there exist a 40 hour weekly and 8 hour work per day, and if there is any excess time worked above this requires an extra payment to the nonexempt workers. The law gives a fixed wage to a nonexempt worker in order to give compensation to the workers no overtime hours.

The Employee Social Media Privacy (AB 1844 [8] )

This law has allowed the workers not to disclose their username or their passwords to their employers for the purpose of accessing their social media sites like Facebook among others. The law also has actually prohibited the employer from disciplining, discharging, threatening to discipline or discharge the worker for not following the employers request for things that violate the law. However the employer will also have the permission to request the worker to divulge their private social media for the aim of investigating any worker misconduct or break of any law provided that the social media will only be used for that purpose of investigation nothing else.

Grooming Accommodation/ Religious Dress (AB-1964 [9] )

The new has been protecting the religious grooming and dressing practice. It has been specifying that any religious dress accommodation or any religious grooming that would lead to discrimination from the other workers or the public is actually not a reasonable accommodation. Similarly there is no any accommodation required if at all it would violate the law.

Fair employment and housing Act

This act actually forbids the discrimination and harassment in the employment because of color, race, sex, religion, national origin, sexual orientation, ancestry, marital status, medical condition, age, and pregnancy, denial of family and medical care leave and disability among others. For the case of employment discrimination the law requires one to exhaust his/her administrative remedies with the right organ by securing the notice of the right to sue. The law also requires those complaints of discrimination to file the case within one year from the day the act was done. This law actually provides protection from discrimination or harassment in employment because of the following: ancestry, age, color, disability, marital status, religious creed, family denial or Medicare leave, national origin, genetic information, medical status, religion, race, sex which actually includes the childbirth, pregnancy, gender expression, gender identity and sexual orientation.

Conclusion

Both the law chambers in New York City have been pushing hard to see that the discrimination based on gender expression, elimination of bullying in the workplace, enhancing social media privacy among others is catered for to protect the rights of people. In order to make this effective there have been introduction of bills and laws.