Guide to New Employment Laws for California in 2018

Ban the Box: No Criminal History Inquiries before Making a Conditional Offer (Govt. Code § 12952)
All employers with five (five) or extra personnel are prohibited from including on any employment utility a query that seeks disclosure of the applicant’s crook records. The company can’t “inquire” or “recall” an applicant’s conviction history until after a conditional provide of employment has been made.

This also manner Jobs for felons cannot use heritage checks that reveal criminal conviction history until after a suggestion is made.

If an enterprise intends to disclaim employment to an software because of an applicant’s conviction records, whether or not in complete or in component, it must make an individualized assessment of whether the applicant’s conviction records has an instantaneous and unfavourable dating with the specific duties of the task that justify denying the applicant the position. The employer shall bear in mind: (1) the character and gravity of the offense or behavior; (2) the time that has surpassed for the reason that offense or conduct and of completion of the sentence; and (three) the nature of the job held or sought. This assessment can also or may not memorialized in writing.

If the enterprise makes a initial choice that the applicant’s conviction history disqualifies the applicant from employment, the organisation shall notify the applicant of this preliminary choice in writing. The notification shall include: (1) notice of the disqualifying conviction or convictions that are the premise for the initial choice to rescind the offer; (2) a replica of the conviction history record, if any; and (3) a proof of the applicant’s proper to reply to the awareness of the enterprise’s initial selection before that choice will become very last and the deadline through which to reply. The explanation shall inform the applicant that the response may additionally consist of submission of evidence challenging the accuracy of the conviction history file that is the premise for rescinding the offer, evidence of rehabilitation or mitigating circumstances, or each.

The applicant has as a minimum 5 (5) business days to reply to the attention furnished to the applicant before the company may also make a final selection. The applicant’s reaction can also dispute the accuracy of the conviction records file that turned into the premise for the initial choice to rescind the offer. If the applicant states he/she is taking unique steps to achieve evidence supporting his/her dispute, then the applicant has 5 (5) additional business days to reply with the proof.

If an organization makes a final decision to disclaim an software completely or in element because of the applicant’s conviction records, the organization shall notify the applicant in writing. The word should encompass: (1) the final denial or disqualification; (2) any existing technique the business enterprise has for the applicant to undertaking the decision or request reconsideration; and (three) the proper to document a grievance with the Department of Fair Employment and Housing.

Do Not Ask approximately Salary History (Labor Code § 432.3)
An enterprise won’t are looking for earnings history records about an applicant for employment. “Salary records facts” along with repayment and advantages.

The new law does no longer prohibit an applicant from voluntarily and with out prompting disclosing profits history information to a prospective enterprise. If an applicant voluntarily and without prompting discloses revenue history statistics to a prospective enterprise, the company might also consider or rely upon that facts in figuring out the earnings for that applicant.

If an applicant asks the pay scale for a role, the enterprise should provide it.

Job-Protected Parental Leave Law (Govt. Code § 12945.6)
Employers with 20 or greater employees ought to provide eligible employees up to 12 weeks of unpaid go away for brand new parents to bond with a brand new baby inside one (1) year of the kid’s delivery, adoption, or foster care placement. Unlike the federal Family and Medical Leave Act and the California Family Rights Act, this new law is restricted to parental go away; it does not permit for go away because of the worker’s or the personnel’ member of the family’s “extreme health situation.”

A covered organization has between 20 and forty nine personnel with seventy five miles of every different.

A protected worker has greater than twelve months of provider with the organisation, and at the least 1,250 hours of carrier with the organisation all through the previous 12-month duration.

While the depart is unpaid, the worker is entitled to use any accumulated holiday pay, paid sick time, or different amassed paid break day. In addition, the business enterprise should preserve institution fitness coverage in the course of the go away at the identical degree and underneath the same conditions that might had been supplied had the worker continued to paintings.

Immigration: Cooperation with Federal Authorities (Govt. Code §§ 7285.1, 7285.2, 7285.Three, and Labor Code § ninety.2)
Under cutting-edge federal immigration regulation, when federal immigration government go to a worksite to carry out enforcement activity, the business enterprise might also permit government to access nonpublic portions of the worksite voluntarily or requiring a warrant. California’s new law gets rid of the agency’s capacity to voluntarily permit get right of entry to to nonpublic portions of the worksite.

The Labor Commissioner or Attorney General have distinct authority to enforce this new regulation. Thus, there is no private right of movement under the California Labor Code’s Private Attorneys General Act. Civil penalties variety from $2,000-5,000 for the primary violation and $five,000-10,000 for each next violation.

The new law also prevents employers from voluntarily presenting immigration enforcement marketers to get entry to worker statistics without a subpoena or judicial warrant. This phase does no longer follow to I-nine bureaucracy for which a Notice of Inspection has been supplied to the business enterprise.

If an employer gets of any Notices of inspections of I-nine Employment Eligibility Verification paperwork or different employment facts from an immigration corporation, it should provide personnel note of the inspection within 72 hours of receiving be aware. The word need to be hand-delivered on the worksite if possible, or through mail or e mail if hand shipping isn’t viable.

Retaliation: Labor Commissioner Now Authorized to Obtain a Preliminary Injunction (Labor Code § 98.7)
An worker or the Labor Commissioner might also attain a initial injunction order compelling the company to reinstate an employee pending the decision of the employee’s retaliation lawsuit. Meaning, an organisation can be required to re-rent an employee in the course of the time it takes to litigate the worker’s declare that he/she changed into difficulty to illegal retaliation, which usually takes no much less a yr or extra.

Moreover, the new regulation appreciably reduces the burden of proof for injunctive alleviation in retaliation instances. The preferred popular for a brief restraining order or everlasting injunction calls for the party to prove (1) irreparable damage if the injunction is not granted, (2) likelihood of the fulfillment at the merits of the claim, and (3) these interests outweigh whatever damage the defendant will go through if an injunction is granted. Now, injunctive relief will be granted if the man or woman makes a trifling displaying that “reasonable reason” exists to consider the employee become unlawfully terminated or subjected to an adverse motion.

In addition to handing employees a miles lower burden of evidence than other kinds of injunctive relief, the court have to bear in mind “the chilling effect on other employees putting forward their rights underneath those laws in figuring out if brief injunctive alleviation is just and proper.” Thus, the court docket should keep in mind a completely new factor that handiest favors the employees.

Postings and Notices
The Employment Development Department made changes to DE 2320 For Your Benefit and the Paid Family Leave pamphlets. DE 2320 must be disbursed to an worker upon termination or lay off, or on a go away of absence.

Paid Family Leave no longer has a seven-day ready duration.

Victim’s Rights Pamphlet
All employers have to offer new employees with written word about the rights of victims of home violence, sexual attack and stalking to take included break day for medical treatment or felony lawsuits. The Victims of Domestic Abuse pamphlet can be located at the California Department of Industrial Relations Website

Transgender Rights Poster
The Department of Fair Employment and Housing developed a brand new transgender rights poster. All employers with 5 (five) or extra employees have to put up this information. If you order the federal and state regulation employment poster up to date yearly and published by using the California Chamber of Commerce, the records is contained therein. Otherwise, the poster may be determined at the Department of Fair Employment and Housing internet site.

Also, employers ought to familiarize themselves with California’s new identification documentation. California identification playing cards, delivery certificate and driving force’s licenses can encompass one (1) of three (three) gender alternatives: girl, male or nonbinary. They may be phased in beginning September 1, 2018, for birth certificate, and January 1, 2019, for driving force’s licenses.

Minimum Wage Increase
For employers with 26 or extra employees, the kingdom minimal salary accelerated to $11/hour. For employers with 25 or fewer employees, the kingdom minimum wage improved to $10.50/hour.

The minimum profits threshold for govt, administrative and professional exemptions multiplied for 2018. The threshold is based totally at the nation minimum salary, no longer any neighborhood minimum salary. The minimum month-to-month earnings exemption for employers with 26 or greater employees is $three,813.33/month ($forty five,760/yr).

For employers with 25 or fewer personnel, the minimal monthly revenue exemption is $three,640/month ($43,680/yr).

New I-9 Form (07/17/17 N)
The contemporary form may be determined on the US Citizenship and Immigration Services Website.

IRS Standard Mileage Rate Increases
The 2018 IRS Mileage Rate expanded to fifty four.5 cents/mile for enterprise travel.

Reminders of Local Ordinances
Minimum Wage
The minimum wage for employees working in Los Angeles City improved on July 1, 2016, to $10.50/hour for groups with 26 or greater employees. For employers with 25 or fewer employees, minimal salary increased to $10.50 on July 1, 2017. The increases will hold as follows:

Employers with 26 or greater employers
7/1/16 $10.50
7/1/17 $12.00
7/1/18 $thirteen.25
7/1/19 $14.25
7/1/20 $15.00

Employers with 25 or fewer personnel
7/1/17 $10.50
7/1/18 $12.00
7/1/19 $13.25
7/1/20 $14.25
7/1/21 $15.00

Paid Sick Leave
L.A. City enacted an ordinance requiring forty eight hours of paid ill leave according to 12 months, doubling California’s ill pay law. Unlike the country regulation which contains exceptions for certain occupations including production employees, sure domestic health workers, flight crews and employees blanketed with the aid of union agreements, the L.A. Ordinance contains no exceptions. Employers with 26 or greater employees have been required to conform by July 1, 2016. Employers with 25 or less employees had been required to comply through July 1, 2017.

Paid unwell depart accrues on the first day of employment and may be used starting at the ninetieth day. Employers may additionally either furnish a lump sum (“the front-load”) of paid ill go away or have it accrue on the charge of one (1) hour of sick leave for every 30 hours labored. However, the kingdom regulation has extra accrual options not allowed through the L.A. Ordinance. Further, under the the front-load technique, kingdom law provides that there is no carry over of unused ill time. The L.A. Ordinance holds that up to seventy two hours should bring over yr to year however it does no longer kingdom whether or not this carry over requirement applies to front-load plans.

Like kingdom regulation, unused unwell leave want no longer be paid out upon separation. If an worker separates and is rehired within one (1) year, any unused sick time ought to be reinstated. Unlike, state regulation, the L.A. Ordinance does now not have an exception to reinstatement if paid unwell depart become paid out upon separation, i.E., under a PTO policy.

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