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 1st, 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:
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
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