Employer Bulletin Oct 2022

This Bulletin is part of an on-going series by Kraeber Law Office to provide helpful hints about developments in the law that could be relevant to your business.

1. Statement of Information Refile (New Requirement)

The information a corporation must include in its statement of information has been expanded, preventing a refile of "no changes" with the Secretary of State if any officer or director (or in the cae of an LLC, member or manager) has an outstanding final judgment issued by the DLSE or a court of law for violation of any wage order or labor code violation.

Also contained in the bill is the liability of any successor in interest of a judgment debtor who has a final judgment against it/them for payment of the wages, damages and penalties owed to employees.

2. New Criminal Penalties for Wage Theft (AB 1003)

The intentional theft of wages, including tips, by an employer in an amount greater than $950 from a single employee or $2,350 from two or more employees during any consecutive 12-month period is punishable as grand theft. The definition of employer includes independent contractors.

3. Record Retention Requirements Lengthened

The requiement to maintain personnel records has increased from two years to four years. If litigation has been filed the records must be maintained until the applicable statute of limitations has run or until the conclusion of litigation, whichever is later.