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Ban the Field: No Felony history Inquiries earlier than Making a Conditional Supply (Govt. Code § 12952)
All employers with 5 (5) or extra staff are prohibited from together with on any employment utility a query that seeks disclosure of the applicant’s felony history. The employer can’t “inquire” or “think about” an applicant’s conviction history till after a conditional provide of employment has been made.
This additionally means employers can’t use background checks that reveal felony conviction history till after a suggestion is made.
If an employer intends to disclaim employment to an utility due to an applicant’s conviction history, whether or not in entire or partly, it should make an individualized evaluation of whether or not the applicant’s conviction history has a direct and opposed relationship with the precise duties of the job that justify denying the applicant the place. The employer shall think about: (1) the character and gravity of the offense or conduct; (2) the time that has handed because the offense or conduct and completion of the sentence; and (3) the character of the job held or sought. This evaluation could or could not memorialized in writing.
If the employer makes a preliminary resolution that the applicant’s conviction history disqualifies the applicant from employment, the employer shall notify the applicant of this preliminary resolution in writing. The notification shall comprise: (1) discover of the disqualifying conviction or convictions which might be the premise for the preliminary resolution to rescind the provide; (2) a replica of the conviction history report, if any; and (3) an evidence of the applicant’s proper to reply to the discover of the employer’s preliminary resolution earlier than that call turns into ultimate and the deadline by which to reply. The reason shall inform the applicant that the response could embrace submission of proof difficult the accuracy of the conviction history report that’s the foundation for rescinding the provide, proof of rehabilitation or mitigating circumstances, or each.
The applicant has no less than 5 (5) enterprise days to reply to the discover supplied to the applicant earlier than the employer could make a ultimate resolution. The applicant’s response could dispute the accuracy of the conviction history report that was the premise for the preliminary resolution to rescind the provide. If the applicant states he/she is taking particular steps to acquire proof supporting his/her dispute, then the applicant has 5 (5) extra enterprise days to reply with the proof.
If an employer makes a ultimate resolution to disclaim an utility solely or partly due to the applicant’s conviction history, the employer shall notify the applicant in writing. The discover should embrace: (1) the ultimate denial or disqualification; (2) any present process the employer has for the applicant to problem the choice or request reconsideration; and (3) the appropriate to file a grievance with the Division of Truthful Employment and Housing.
Do Not Ask about Wage history (Labor Code § 432.3)
An employer could not search wage history details about an applicant for employment. “Wage history data” together with compensation and advantages.
The brand new law doesn’t prohibit an applicant from voluntarily and with out prompting disclosing wage history data to a potential employer. If an applicant voluntarily and with out prompting discloses wage history data to a potential employer, the employer could think about or depend on that data in figuring out the wage for that applicant.
If an applicant asks the pay scale for a place, the employer should present it.
Job-Protected Parental Go away law (Govt. Code § 12945.6)
Employers with 20 or extra staff should present eligible staff as much as 12 weeks of unpaid depart for brand spanking new mother and father to bond with a brand new youngster inside one (1) yr of the kid’s delivery, adoption, or foster care placement. In contrast to the federal Household and Medical Go away Act and the California Household Rights Act, this new law is restricted to parental depart; it doesn’t enable for depart because of the worker’s or the workers’ member of the family’s “critical health situation.”
A coated employer has between 20 and 49 staff with 75 miles of one another.
A coated worker has greater than 12 months of service with the employer, and no less than 1,250 hours of service with the employer in the course of the earlier 12-month interval.
Whereas the depart is unpaid, the worker is entitled to make use of any accrued trip pay, paid sick time, or different accrued paid day off. As well as, the employer should preserve group health protection in the course of the depart on the similar degree and beneath the identical circumstances that will have been supplied had the worker continued to work.
Immigration: Cooperation with Federal Authorities (Govt. Code §§ 7285.1, 7285.2, 7285.3, and Labor Code § 90.2)
Below present federal immigration law, when federal immigration authorities go to a worksite to carry out enforcement exercise, the employer could enable authorities to entry nonpublic parts of the worksite voluntarily or requiring a warrant. California’s new law removes the employer’s capacity to voluntarily enable entry to nonpublic parts of the worksite.
The Labor Commissioner or Legal professional Common have unique authority to implement this new law. Thus, there is no such thing as a non-public proper of motion beneath the California Labor Code’s Personal Attorneys Common Act. Civil penalties vary from $2,000-5,000 for the primary violation and $5,000-10,000 for every subsequent violation.
The brand new law additionally prevents employers from voluntarily offering immigration enforcement brokers to entry worker data and not using a subpoena or judicial warrant. This part doesn’t apply to I-9 varieties for which a Discover of Inspection has been supplied to the employer.
If an employer receives of any Notices of inspections of I-9 Employment Eligibility Verification varieties or different employment data from an immigration company, it should present staff discover of the inspection inside 72 hours of receiving discover. The discover should be hand-delivered on the worksite if doable, or by mail or e-mail if hand supply will not be doable.
Retaliation: Labor Commissioner Now Licensed to Receive a Preliminary Injunction (Labor Code § 98.7)
An worker or the Labor Commissioner could acquire a preliminary injunction order compelling the employer to reinstate an worker pending the decision of the worker’s retaliation lawsuit. Which means, an employer could also be required to re-hire an worker in the course of the time it takes to litigate the worker’s declare that he/she was topic to illegal retaliation, which normally takes no much less a yr or extra.
Furthermore, the brand new law drastically reduces the burden of proof for injunctive aid in retaliation circumstances. The overall customary for a short lived restraining order or everlasting injunction requires the celebration to show (1) irreparable hurt if the injunction will not be granted, (2) chance of the success on the deserves of the declare, and (3) these pursuits outweigh no matter hurt the defendant will undergo if an injunction is granted. Now, injunctive aid shall be granted if the person makes a mere exhibiting that “affordable trigger” exists to consider the worker was unlawfully terminated or subjected to an opposed motion.
Along with handing staff a a lot decrease burden of proof than different types of injunctive aid, the courtroom should think about “the chilling impact on different staff asserting their rights beneath these legal guidelines in figuring out if short-term injunctive aid is simply and correct.” Thus, the courtroom should think about a wholly new issue that solely favors the workers.
Postings and Notices
Advantages
The Employment Growth Division made modifications to DE 2320 For Your Profit and the Paid Household Go away pamphlets. DE 2320 should be distributed to an worker upon termination or lay off, or on a depart of absence.
Paid Household Go away not has a seven-day ready interval.
Sufferer’s Rights Pamphlet
All employers should present new staff with written discover in regards to the rights of victims of home violence, sexual assault and stalking to take protected day off for medical remedy or authorized proceedings. The Victims of Home Abuse pamphlet might be discovered on the California Division of Industrial Relations website
Transgender Rights Poster
The Division of Truthful Employment and Housing developed a brand new transgender rights poster. All employers with 5 (5) or extra staff should submit this data. In the event you order the federal and state law employment poster up to date yearly and printed by the California Chamber of Commerce, the data is contained therein. In any other case, the poster might be discovered on the Division of Truthful Employment and Housing website.
Additionally, employers ought to familiarize themselves with California’s new identification documentation. California identification playing cards, delivery certificates and driver’s licenses can embrace one (1) of three (3) gender choices: feminine, male or nonbinary. They are going to be phased in starting September 1, 2018, for delivery certificates, and January 1, 2019, for driver’s licenses.
Minimal Wage Improve
For employers with 26 or extra staff, the state minimal wage elevated to $11/hour. For employers with 25 or fewer staff, the state minimal wage elevated to $10.50/hour.
The minimal wage threshold for govt, administrative {and professional} exemptions elevated for 2018. The brink relies on the state minimal wage, not any native minimal wage. The minimal month-to-month wage exemption for employers with 26 or extra staff is $3,813.33/month ($45,760/yr).
For employers with 25 or fewer staff, the minimal month-to-month wage exemption is $3,640/month ($43,680/yr).
New I-9 Type (07/17/17 N)
The newest type might be discovered on the US Citizenship and Immigration Providers website.
IRS Commonplace Mileage Price Will increase
The 2018 IRS Mileage Price elevated to 54.5 cents/mile for enterprise journey.
Reminders of Native Ordinances
Minimal Wage
The minimal wage for workers working in Los Angeles Metropolis elevated on July 1, 2016, to $10.50/hour for corporations with 26 or extra staff. For employers with 25 or fewer staff, minimal wage elevated to $10.50 on July 1, 2017. The will increase will proceed as follows:
Employers with 26 or extra employers
7/1/16 $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 staff
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 Go away
L.A. Metropolis enacted an ordinance requiring 48 hours of paid sick depart per yr, doubling California’s sick pay law. In contrast to the state law which comprises exceptions for sure occupations akin to building staff, sure residence health staff, flight crews and staff coated by union agreements, the L.A. ordinance comprises no exceptions. Employers with 26 or extra staff have been required to conform by July 1, 2016. Employers with 25 or much less staff have been required to conform by July 1, 2017.
Paid sick depart accrues on the primary day of employment and could also be used starting on the ninetieth day. Employers could both grant a lump sum (“front-load”) of paid sick depart or have it accrue on the charge of 1 (1) hour of sick depart for each 30 hours labored. Nevertheless, the state law has extra accrual choices not allowed by the L.A. ordinance. Additional, beneath the front-load method, state law gives that there is no such thing as a carry over of unused sick time. The L.A. ordinance holds that as much as 72 hours should carry over yr to yr but it surely doesn’t state whether or not this carry over requirement applies to front-load plans.
Like state law, unused sick depart needn’t be paid out upon separation. If an worker separates and is rehired inside one (1) yr, any unused sick time should be reinstated. In contrast to, state law, the L.A. ordinance doesn’t have an exception to reinstatement if paid sick depart was paid out upon separation, i.e., beneath a PTO coverage.
