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January 1, 2011
Garden Grove New Laws
Workers' Compensation Notice Requirements
The posting and notice requirements were amended in 2010 to require additional
information about Managed Professional Networks (MPNs). Employers with MPNs that
provide treatment for workers' compensation claims must display the required
workers' compensation poster (Notice to Employees - Injuries Caused by Work) as
well as additional information about the MPN(s) the employer uses. The workers'
compensation pamphlet must also include information about MPNs.
Workers' Compensation for Roofing Contractors
AB 2305 extends the requirement that contractors with a C-39 roofing
classification obtain and maintain workers' compensation insurance, even if they
have no employees. This requirement was set to expire on January 1, 2011, and is
now extended until January 1, 2013. Additionally, after January 1, 2011, any
active license will be suspended if the C-39 roofing classification was removed
and the licensee is found to have employees and lack a valid certificate of
workers' compensation insurance.
Workers' Compensation Stop Orders
SB 1254 authorizes the registrar of contractors to issue a stop order (effective
immediately on service of the order) to any contractor (licensed or unlicensed)
who failed to secure workers' compensation coverage for his/her employees.
Additionally, employees affected by the work stoppage must be paid by the
employer for lost time, up to 10 days, while the employer seeks to comply with
the law.
Failure to observe the stop order is punishable by a misdemeanor (up to 60 days
in county jail) and/or a fine of up to $10,000. The legislation also implements
a means by which the employer may protest the stop order and request a hearing
on the matter.
Organ and Bone Marrow Donor Leave
California employers with 15 or more employees must now provide the following
paid leaves to employees who choose to donate organs or bone marrow:
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Organ donors – must be provided a 30-day (workdays) leave of absence in any
one-year period
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Bone marrow donors – must be provided a leave of absence up to five workdays in
any one-year period
The statute says that such leave does not run concurrently with the Family and
Medical Leave Act (FMLA). However, state law cannot override federal law.
Therefore, leave for the purpose of donating bone marrow or an organ may run
concurrently with FMLA if the employer is a covered employer and the employee is
eligible for FMLA.
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