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

Farm labor contractor surety bonds and funds held for farm workers may be used to pay awards of monetary relief due to an agricultural worker because of a violation of labor laws or regulations. Payments will also be allowed for penalties on nonpayment or late payment of wages to employees who are discharged or quit.

It was clarified that the Agricultural Labor Relations Board has authority to collect monetary relief it orders paid by employers who violate labor laws and to transfer the money to employees on whose behalf it was collected. If, after 2 years, the board cannot locate employees who are owed money, the money collected will be placed in an Agricultural Employees Relief Fund to pay other workers who are owed monetary relief and for whom the board was otherwise unable to collect from an agricultural employer.

Equal employment opportunity. The provision for the filing of complaints by persons who believe they have been discharged or otherwise discriminated against in violation of labor code provisions under the jurisdiction of the Labor Commissioner was expanded to cover any law under the jurisdiction of the Labor Commissioner. Another change provides that when the Labor Commissioner has decided to dismiss a complaint and the complainant has then brought court action and filed a complaint against the State program with the U.S. Department of Labor, the filing of a timely complaint will stay the dismissal until the U.S. Secretary of Labor makes a determination regarding the alleged violation. Within 15 days of receipt of that determination, the Labor Commissioner is required to notify the parties as to whether he or she will reopen the complaint or reaffirm the dismissal.

Protections against discrimination, for filing wage claims or instituting other actions, which had previously applied only to employees, were extended to job applicants. An unsuccessful job applicant or a person not selected for a job-training program may now file a complaint against an employer for refusal to hire based on lawful off-duty conduct including political activities. The law will not invalidate any requirement restricting the use of tobacco products by firefighters. Claims of alleged discrimination will be filed with the State labor commissioner. The law excludes law enforcement agencies and nonprofit religious organizations.

The Fair Employment and Housing Act was amended to provide that a nonprofit public benefit corporation formed by, or affiliated with a particular religion, that operates an educational institution as its sole or primary activity, may restrict employment, including promotion, in any or all categories of employment, to individuals of the particular religion. In all other respects, these religious affiliated educational institutions will remain subject to the State's prohibitions against employment discrimination.

The California Fair Employment and Housing Act was amended to make existing provisions prohibiting workplace harassment applicable to nonprofit hospitals and health care facilities affiliated with or owned by religious institutions for persons employed to perform other than religious duties. These hospitals and health care facilities have been subject to the other unlawful employment practice provisions of the law.