California enacts slew of employment laws [Lawyers USA]

California recently enacted a number of employment-related laws, including a requirement to provide health insurance during family leave and adding gender identification and genetic information as protected categories from discrimination.

Here are links to the new laws as well as a summary of the major changes:

* Genetic information, gender identity.

California has now added "genetic information" to existing state law's list of protected classes. T he law is similar to the federal Genetic Information Non-Discrimination Act, or GINA, but has broader applicability, as it applies to any employer with five or more employees (GINA only applies to employers with 15 or more employees). A second law updated the definition of "sex" and "gender" in the state's discrimination laws to give them broader application. The more broadly defined terms now include whether gender-related appearance and behavior correspond with stereotypes of sex at birth as well as gender identity.

* Health insurance.

Governor Jerry Brown signed SB 299 into law, making it illegal for an employer to refuse to pay or maintain health insurance coverage under a group health plan to an employee who takes leave for pregnancy, childbirth or a related medical condition. The law does allow an employer to recover from the employee the premium it paid, however, if the employee fails to return to work for reasons specified in the Act.

* E-Verify.

Under a new law, local governments are forbidden from mandating the use of the controversial electronic employment verification system as part of their hiring practices.

* Independent contractors. Employers who engage in the "willful misclassification" of independent contractors can now be penalized under a new law, with monetary penalties ranging from $5,000 to $25,000 per violation. In addition, employers who are found to have violated the law must post a notice on its website, or in a location available to employees and customers, about its illegal activity. The new law defines "willful misclassification" as "avoiding employee status for an individual by voluntarily and knowingly misclassifying that individual as an independent contractor."

California also recently joined a growing number of states in banning employers' use of credit checks to screen employees and job applicants.