All employers with operations in California should be aware of these new laws and consult with counsel if they have questions about how these new laws may affect their business. Some of these new laws are briefly summarized below only in part and you are strongly encouraged to read the new law in its entirety:
Laws Regarding Discrimination and Retaliation
- Amendments to California's Fair Pay Act Expanding Wage Equality Laws for "substantially similar work" beyond gender to include race and ethnicity, with exceptions.
- Laws toughen on Unfair Immigration Related Practices whereby employers verifying necessary documentation to work in the United States are prohibited from, among other things, requesting more or different documents than are required under federal law.
- Law prohibiting businesses from labeling any "single-user toilet facility" as either "male" or "female," requiring signage that identifies the facility as "all gender" restrooms.
Laws Regarding Leaves of Absence
- Employment protections for victims of domestic violence, sexual assault or stalking requires employers with 25 or more employees to provide employees information related to their rights to take leave under this law.
Wage and Hour Laws
- Minimum wage increase for employees working for an employer with 26 or more employees to $10.50 an hour.
- Employers are not required to include in itemized wage statements the total number of work hours by employees exempt from payment of minimum wage and overtime.
Laws Regarding Background Checks
Two new laws affect how background checks are conducted.
- Juvenile Criminal History Information: AB 1843 prohibits employers from inquiring into an applicant's juvenile convictions or using such convictions as a factor in determining any condition of employment.
- Criminal Background Check – Ride Sharing Services: AB 1289 requires a transportation network company, like Uber or Lyft, to conduct local and national criminal background checks for each participating driver and prohibits the use of drivers with certain types of convictions.
Laws Regarding Contracts with Employees
- Employers are prohibited from requiring California based employees to agree as to conditions of employment to (i) litigate or arbitrate claims that arise in California in a non-California forum, and (ii) waive the protection of California law as to a controversy arising in California.
Each case is different so remember, Bagla Law is always here to help you with your business needs because You Know Your Business – We Know the Law!
If you have any questions about these issues or other topics, please feel free to give us a call.
Talk with you next month,
Kelly
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