The State of California is welcoming 2018 with new Labor Laws. Hiring and Enforcement processes will see significant changes, including compliance with Form I-9 and immigration Laws. Below is a brief summary of the new 2018 laws updates taking effect in January 1^st, 2018.

BAN –THE-BOX LAW

Employers with 5 employees or more, are now prohibited by AB 1008 from asking about candidate’s criminal history on job applications, and from seeking or considering criminal history before an offer letter has been made. There is a limited exception of some positions, where criminal background check is required by federal, state or local law.

Before denying employment due to a criminal conviction, after an offer has been made, 3 crucial steps are to be followed:

• An individualized assessment must be conducted by the employer, to decide whether the conviction has a direct and adverse relationship with the required duties of the position, which will justify employment denial.
• Applicant must be given a written notice of the denial decision, and the opportunity to respond, with a specific timeline. The employer must also consider any information issued by the applicant before taking the final decision
• The final decision to deny employment due to criminal history also requires a second specific written notice to candidate.

SALARY INFORMATION QUERY PROHIBITED

AB168 interdicts an employer from asking about an applicant’s prior compensation/ salary history. It is also prohibited to rely on salary information as a factor to consider whether to make an employment offer to a candidate, or to determine compensation to offer. In addition to that, an employer is required to make pay scale for the position available to applicants, upon reasonable request. However, the bill does not disallow a candidate from voluntarily disclosing salary history information, it also does not prohibit an employer from relying on that voluntary communication of information, to determine salary.

HARASSEMENT PREVENTION ENFORCEMENT

Originally, SB396 required Employers with 50 employees or more to provide supervisors with two hours of sexual harassment training every two years. Today, employers have the additional duty of including harassment training based on gender identity, gender expressions and sexual orientation, to that prescribed training for supervisors.  Also, workplaces are to brandish a poster which contains information related to transgender rights.

CALIFORNIA MINIMUM WAGE

• $11.00 per hour for workers at businesses with 26 or more employees.
• $10.50 per hour for workers at small businesses (25 or fewer employees).

All other new laws and updates (notice requirements, compensation, workplace safety, etc.) can be accessed at  http://leginfo.legislature.ca.gov/faces/codedisplayexpand.xhtml?tocCode=LAB

By Hiba Adda, January 15, 2018