10:49 AM
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More Changes To Employment Law
There are a two more I thought were noteworthy. These changes are geared toward employee electronic verifications and worker's compensation. Also cancer now qualifies as worker's compensation if obtained during the course of employment due to exposure for active firefighters.
First let's look at AB 1236. This refers to the E-Verify program in accordance with US Homeland Security partnership. This enables participating employers to use the program, on a voluntary basis, to verify that the employees they hire are authorized to work in the United States. However, it is prohibited to require an employer except for government entities to be required an electronic employment verification system except when required by federal law or as a condition of receiving federal funds.
AB 1168
Changes have been made to vocational expert fees in relation to workers' comp.
While there are already workers' compensation systems in place, current law now requires the 'administrative director, after public hearings, to adopt and revise periodically official fee schedules that establish reasonable maximum fees paid for, among other things, medical services, medicines, and medical supplies. Existing law authorizes the Workers' Compensation Appeals Board to determine and allow certain expenses as liens against any award of compensation'. On or after January 1, 2013, after public hearings, the administrative director would have to adopt a fee schedule that establishes reasonable hourly fees paid for services provided by vocational experts. That means a vocational expert would no longer be allowed to be paid anything in excess of fees that are reasonable and necessary. The appeals board would be prevented from allowing these expert fees.
AB 585 Workers' compensation: cancer presumption.
Firefighters or peace officers who develop cancer or manifest such during the period when the firefighter or peace officer demonstrates that he/she was exposed to a known carcinogen during public service are eligible for compensation. This bill would extend this presumption to active firefighting members of a fire department serving a National Aeronautics and Space Administration installation who adhere to specified training standards.
These are a few more changes that I have noted concerning California employment law. Small business owners and employees alike should make sure they know their rights in every case. Seeking advice from an general counsel attorney would be best to ensure full compliance and to get proper direction, updating forms and to get sound legal answers for all of your business concerns.
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