Guide to New Employment Laws for California in 2018

Ban the Box: No Criminal History Inquiries earlier than Making a Conditional Offer (Govt. Code § 12952)
All employers with 5 (5) or greater employees are prohibited from such as on any employment utility a question that seeks disclosure of the applicant’s criminal history. The enterprise cannot “inquire” or “don’t forget” an applicant’s conviction records till after a conditional offer of employment has been made Jobs for Travel medical assistant in United States.

This additionally approach employers cannot use background assessments that monitor crook conviction records till after a proposal is made.

If an corporation intends to disclaim employment to an software because of an applicant’s conviction records, whether or not in complete or in part, it should make an individualized assessment of whether the applicant’s conviction records has a direct and negative courting with the precise duties of the job that justify denying the applicant the location. The company shall don’t forget: (1) the nature and gravity of the offense or behavior; (2) the time that has passed since the offense or behavior and finishing touch of the sentence; and (3) the character of the task held or sought. This assessment may additionally or might not memorialized in writing.

If the employer makes a preliminary decision that the applicant’s conviction history disqualifies the applicant from employment, the enterprise shall notify the applicant of this initial selection in writing. The notification shall comprise: (1) word of the disqualifying conviction or convictions which are the premise for the initial choice to rescind the provide; (2) a replica of the conviction records record, if any; and (3) an explanation of the applicant’s proper to respond to the attention of the agency’s initial choice before that choice will become final and the deadline via which to reply. The explanation shall inform the applicant that the reaction may also include submission of evidence hard the accuracy of the conviction history record this is the basis for rescinding the provide, evidence of rehabilitation or mitigating occasions, or each.

The applicant has as a minimum 5 (five) business days to reply to the awareness furnished to the applicant before the organisation may also make a very last decision. The applicant’s reaction may dispute the accuracy of the conviction history file that became the premise for the preliminary selection to rescind the provide. If the applicant states he/she is taking precise steps to gain evidence helping his/her dispute, then the applicant has five (5) additional business days to respond with the proof.

If an organization makes a very last selection to disclaim an application completely or in element due to the applicant’s conviction history, the enterprise shall notify the applicant in writing. The be aware must include: (1) the very last denial or disqualification; (2) any current procedure the enterprise has for the applicant to undertaking the choice or request reconsideration; and (three) the right to record a complaint with the Department of Fair Employment and Housing.

Do Not Ask approximately Salary History (Labor Code § 432.3)
An enterprise may not seek income history records approximately an applicant for employment. “Salary history records” such as compensation and blessings.

The new regulation does now not limit an applicant from voluntarily and without prompting disclosing salary history data to a prospective corporation. If an applicant voluntarily and without prompting discloses income records information to a potential enterprise, the corporation may also remember or depend on that statistics in figuring out the income for that applicant.

If an applicant asks the pay scale for a function, the organisation have to provide it.

Job-Protected Parental Leave Law (Govt. Code § 12945.6)
Employers with 20 or greater personnel must provide eligible employees up to 12 weeks of unpaid go away for brand new parents to bond with a new child inside one (1) yr of the kid’s start, adoption, or foster care placement. Unlike the federal Family and Medical Leave Act and the California Family Rights Act, this new regulation is restricted to parental depart; it does not permit for leave due to the employee’s or the employees’ family member’s “severe health condition.”

A included business enterprise has between 20 and 49 personnel with seventy five miles of each other.

A protected worker has more than three hundred and sixty five days of service with the enterprise, and as a minimum 1,250 hours of service with the business enterprise for the duration of the previous 12-month period.

While the go away is unpaid, the worker is entitled to apply any collected excursion pay, paid ill time, or different collected paid time without work. In addition, the employer need to keep group health coverage all through the leave on the equal degree and below the same situations that could have been supplied had the employee persisted to paintings.

Immigration: Cooperation with Federal Authorities (Govt. Code §§ 7285.1, 7285.2, 7285.3, and Labor Code § 90.2)
Under modern federal immigration law, while federal immigration authorities go to a worksite to carry out enforcement hobby, the business enterprise may additionally permit government to get right of entry to nonpublic portions of the worksite voluntarily or requiring a warrant. California’s new regulation removes the enterprise’s capability to voluntarily permit access to nonpublic portions of the worksite.

The Labor Commissioner or Attorney General have exceptional authority to enforce this new law. Thus, there’s no non-public proper of motion below the California Labor Code’s Private Attorneys General Act. Civil consequences range from $2,000-5,000 for the primary violation and $five,000-10,000 for each subsequent violation.

The new law additionally prevents employers from voluntarily providing immigration enforcement dealers to get entry to employee information with out a subpoena or judicial warrant. This phase does no longer follow to I-9 forms for which a Notice of Inspection has been furnished to the agency.

If an employer gets of any Notices of inspections of I-nine Employment Eligibility Verification paperwork or other employment data from an immigration enterprise, it must offer personnel word of the inspection inside seventy two hours of receiving notice. The notice ought to be hand-delivered on the worksite if viable, or by way of mail or electronic mail if hand delivery is not viable.

Retaliation: Labor Commissioner Now Authorized to Obtain a Preliminary Injunction (Labor Code § 98.7)
An worker or the Labor Commissioner may also gain a preliminary injunction order compelling the corporation to reinstate an worker pending the decision of the employee’s retaliation lawsuit. Meaning, an agency can be required to re-rent an employee all through the time it takes to litigate the employee’s claim that he/she become situation to unlawful retaliation, which generally takes no much less a year or greater.

Moreover, the brand new regulation notably reduces the burden of proof for injunctive comfort in retaliation cases. The popular general for a brief restraining order or permanent injunction requires the birthday party to show (1) irreparable harm if the injunction is not granted, (2) likelihood of the fulfillment at the merits of the declare, and (3) these interests outweigh some thing damage the defendant will suffer if an injunction is granted. Now, injunctive comfort will be granted if the character makes a trifling showing that “reasonable motive” exists to accept as true with the worker become unlawfully terminated or subjected to an destructive action.

In addition to handing personnel a miles lower burden of proof than other types of injunctive relief, the courtroom should keep in mind “the chilling impact on other personnel asserting their rights under those laws in determining if temporary injunctive relief is simply and proper.” Thus, the courtroom must keep in mind a wholly new component that only favors the employees.

Postings and Notices
Benefits
The Employment Development Department made modifications to DE 2320 For Your Benefit and the Paid Family Leave pamphlets. DE 2320 ought to be distributed to an worker upon termination or lay off, or on a depart of absence.

Paid Family Leave no longer has a seven-day waiting length.

Victim’s Rights Pamphlet
All employers must provide new employees with written notice about the rights of victims of home violence, sexual assault and stalking to take blanketed day off for scientific remedy or felony proceedings. 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 evolved a brand new transgender rights poster. All employers with 5 (5) or more personnel have to post this records. If you order the federal and kingdom law employment poster up to date annually and published via the California Chamber of Commerce, the data is contained therein. Otherwise, the poster may be discovered at the Department of Fair Employment and Housing website.

Also, employers should familiarize themselves with California’s new identity documentation. California identification playing cards, delivery certificate and driver’s licenses can include one (1) of three (three) gender alternatives: female, male or nonbinary. They could be phased in beginning September 1, 2018, for start certificates, and January 1, 2019, for driver’s licenses.

Minimum Wage Increase
For employers with 26 or extra personnel, the state minimal wage elevated to $eleven/hour. For employers with 25 or fewer personnel, the state minimal salary improved to $10.50/hour.

The minimum earnings threshold for govt, administrative and expert exemptions expanded for 2018. The threshold is based totally on the country minimum wage, not any local minimal salary. The minimal month-to-month profits exemption for employers with 26 or extra employees is $three,813.33/month ($forty five,760/yr).

For employers with 25 or fewer personnel, the minimal monthly income exemption is $three,640/month ($forty three,680/year).

New I-9 Form (07/17/17 N)
The today’s shape can be found on the US Citizenship and Immigration Services Website.

IRS Standard Mileage Rate Increases
The 2018 IRS Mileage Rate multiplied to fifty four.Five cents/mile for business tour.

Reminders of Local Ordinances
Minimum Wage
The minimum salary for employees working in Los Angeles City improved on July 1, 2016, to $10.50/hour for organizations with 26 or extra personnel. For employers with 25 or fewer personnel, minimal salary elevated to $10.50 on July 1, 2017. The will increase will retain as follows:

Employers with 26 or more employers
7/1/sixteen $10.50
7/1/17 $12.00
7/1/18 $13.25
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 48 hours of paid unwell go away per year, doubling California’s sick pay regulation. Unlike the state law which incorporates exceptions for certain occupations such as creation workers, sure home health workers, flight crews and workers included by way of union agreements, the L.A. Ordinance carries no exceptions. Employers with 26 or more personnel were required to comply by July 1, 2016. Employers with 25 or much less employees were required to conform through July 1, 2017.

Paid ill depart accrues on the first day of employment and may be used beginning on the 90th day. Employers may either grant a lump sum (“front-load”) of paid ill depart or have it accrue on the price of 1 (1) hour of unwell leave for every 30 hours worked. However, the nation regulation has extra accrual alternatives no longer allowed through the L.A. Ordinance. Further, beneath the front-load approach, kingdom law provides that there may be no convey over of unused ill time. The L.A. Ordinance holds that as much as seventy two hours should deliver over year to year however it does now not nation whether this bring over requirement applies to front-load plans.

Like nation law, unused sick go away want no longer be paid out upon separation. If an worker separates and is rehired within one (1) 12 months, any unused sick time should be reinstated. Unlike, country law, the L.A. Ordinance does no longer have an exception to reinstatement if paid sick leave become paid out upon separation, i.E., underneath a PTO coverage.

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