The California legislature was busy once again, enacting several new laws that will impact California employers. Here is a list of some of the most critical laws:
Salary Information
Employers will be prohibited from seeking salary history information from applicants and/or past employers. Employers will be required upon reasonable request to provide the pay scale for a position to an applicant for employment.
Ban The Box
Employers with five or more employees will not be able to ask job applicants if they have been convicted of a crime. An offer of employment can be rescinded, however, if a conviction is identified after an offer has been made.
Minimum Wage Increase
California’s minimum wage will increase on January 1, 2018 to $10.50 per hour for employers with 25 or fewer employees, and $11.00 per hour for employers with 26 or more employees. As a reminder, to qualify for an exemption from overtime and meal periods, employees must meet certain job duties and be paid more than twice minimum wage. There are also some local minimum wage ordinances that require a higher minimum wage than state law.
Parental Leave
Employers with 20 or more employees will be required to offer up to 12 weeks of unpaid parental leave to bond with a new child. Additionally, employers will be required to continue group health coverage during a parental leave of absence. Employees can use sick days, vacation, or paid personal time off as compensation during their leave.
Retaliation Actions
The Labor Commissioner will be able to commence an investigation of an employer, with or without a complaint being filed, when retaliation or discrimination is suspected. If the Labor Commissioner finds reasonable cause to believe that there is a violation, the Labor Commissioner can petition the court for an order requiring the employer to reinstate the employee. The Labor Commissioner can also issue citations to the employer and the employer may be subjected to civil penalties.
Anti-Sexual Harassment Training: Gender Identity, Gender Expression and Sexual Orientation
Existing law requires all California employers with 50 or more employees to provide two hours of sexual harassment prevention and anti-bullying training to their supervisors and managers every two years. The new bill requires covered employers to include training and education of harassment based on gender identity, gender expression and sexual orientation. This training must include practical examples of harassment based on gender identity, gender expression and sexual orientation, and shall be presented by trainers and educators with knowledge and expertise in those areas.
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Each of these laws has many details not listed here. Contact De Castro & Morrow for employment law advice. We are always available to answer any employment law question. Please call or email if you need an answer right away.
