State labor legislation enacted in 2001; increases in minimum wage rates, restrictions on youth peddling, bans on discrimination because of genetic information, and protection from workplace harassment and violence were among major subjects of State labor legislation - State Labor Laws, 2001 - United States - Statistical Data Included

Monthly Labor Review, Jan, 2002 by Richard R. Nelson

The law setting maximum salary limits for officers, agents, or employees of hospital and medical corporations was repealed.

Genetic testing. A new Genetic Information in the Workplace Act makes it unlawful for an employer to require a genetic test, or to seek to obtain, or to use a genetic test or genetic information from an employee or job applicant for the purposes of distinguishing between individuals or discriminating against or restricting any right or benefit otherwise due to an employee or applicant. An employer in violation will be guilty of a misdemeanor and may be subject to a fine of up to $25,000, imprisonment for up to 1 year, or both a fine and imprisonment.

California

Wages. As the result of previous action by the State Industrial Welfare Commission, the State minimum wage rate increased from $5.75 per hour to $6.25 per hour on January 1, 2001, and to $6.75 per hour on January 1, 2002.

The Labor Code was amended to codify minimum wage, hours, and working conditions for sheepherders adopted by the State Industrial Welfare Commission (Order Number 14-2001, effective July 1, 2001). Effective July 1, the minimum wage for all sheepherders was set at $1,050 per month, with an increase to $1,200 per month scheduled for July 1, 2002. After July 1, 2002, the amount of the monthly minimum wage required will be increased each time that the State hourly minimum wage is increased by the same percentage as the hourly minimum wage increase. Wages paid to sheepherders may not be offset by meals or lodging provided by the employer. Other provisions specify that sheepherders are to receive a 30-minute meal period for a work period of more than 5 hours except when such a break cannot reasonably be provided because the sheepherder is working alone, are to receive 10 minutes of rest period per 4 hours of work, and are to be provided with the tools or equipment necessary for the performance of the job unless the sheepherder earns more than two times the required minimum wage. Civil penalties were specified for law violations.

An employee who is a licensed physician or surgeon, earning more than $55 per hour, who is primarily engaged in performing duties for which licensure is required, will be exempt from overtime payment requirements. The hourly rate will be adjusted annually, effective on January 1, based on changes in the California Consumer Price Index for Urban Wage Earners and Clerical Workers. The exemption will not apply to employees employed in medical internship or resident programs or to physician employees covered by valid collective bargaining agreements.

Public works projects financed through Industrial Development Bonds issued by the California Infrastructure and Economic Development Bank will be subject to the State prevailing wage law. The definition of "public works" for purposes of law coverage was amended to add installation work to construction, alteration, demolition and repair work. The definition of "paid for in whole or in part out of public funds" was amended to specify that this includes payments, transfers of assets for less than fair market price, credits, reductions, waivers, and performances of work.