State labor legislation enacted in 2002; mininum wage rate increases, limits on overtime for nurses, paid family and medical leave, workplace security, and military re-employment rights were among major legislation enacted during the year

Monthly Labor Review, Jan, 2003 by Richard R. Nelson

Other laws. Under a Governor's Reorganization Plan, a Labor and Workforce Development Agency was created in State government consisting of the Department of Industrial Relations, the Employment Development Department, the Agricultural Labor Relations Board, and the California Workforce Investment Board. The agency will be under the supervision of the Secretary of Labor and Workforce Development who will be appointed by the governor.

When a city, county, district, or local agency expends funds that have been provided to it by a State agency, or operates a program or engages in an activity that has received assistance from a State agency, those labor standards established by the local jurisdiction will be enforced with regard to the expenditure, program, or activity, as long as they are not in conflict with or preempted by State law. A State agency may not require as a condition of receiving State funds or assistance that a local jurisdiction refrain from applying its labor standards to expenditures, programs, or activities supported by the State funds or assistance.

Provisions were added to the Labor Code, the Civil Code, the Government Code, and the Health and Safety Code relative to enforcement actions relating to the rights of employees. The new language specifies that all protections, rights and remedies available under State law, except for any reinstatement remedy prohibited by Federal law, are available to all individuals regardless of immigration status who have applied for employment, or who have been employed in the State. For purposes of enforcing State labor and employment laws, a person's immigration status is irrelevant to the issue of liability, and in proceedings or discovery undertaken to enforce those laws no inquiry will be permitted into a person's immigration status except where the person seeking to make this inquiry has shown that the inquiry is necessary to comply with Federal immigration law.

The law that prohibits employers from discharging or taking other adverse employment actions against victims of domestic violence who take time off from work to attend to issues arising as the result of the domestic violence was amended to extend these protections to victims of sexual assault.

The law providing that an employer may not require that an employee refrain from disclosing the amount of his or her wages was amended to extend this protection to the release of information regarding working conditions. It was specified that the law does not permit an employee to disclose proprietary information, trade secret information, or information that is otherwise subject to a legal privilege without employer consent.

A resolution was adopted recognizing March 31 as Cesar Chavez's birthday and calling on all Californians to participate in appropriate observances to remember Cesar Chavez as a symbol of hope and justice to all citizens.

The first week of April each year is to be designated as Labor History Week. Schools are encouraged to commemorate this week with appropriate educational exercises that make pupils aware of the role that the labor movement has played in shaping California and the United States.