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Are You Prepared For 2018 New Employment Laws?

Are You Prepared For 2018 New Employment Laws?

November 2017 Newsletter:


  NOVEMBER - 2017
 Ready For The 2018 New Employment
Laws for CA Employers? 

Not to worry, here is a summary ...

For 2018, California employers must be watchful of many new laws, and most are very important, including:
  • Changes in minimum wages
  • Changes required for their employment applications as a result of new state laws including questions they can ask job applicants.
  • New ICE (Immigration and Customs Enforcement).
  • Required Changes including updating with their Employee Handbooks on topics about:
    • Dealing with equal employment policies
    • Their training for sexual harassment
    • Small employers with 20-49 employees - should prepare how to deal with "Baby Bonding" leave for employees with new children.
Below is a summary of some of the significant other topics employers MUST comply to next year.

Minimum Wage:
  • Large businesses with 26 or more employees began complying January 1, 2017. The current minimum wage for large businesses is $10.50 per hour; the rate will increase to $11.00 per hour on January 1, 2018. Large businesses will reach the $15 per hour minimum wage in 2022.
  • Small businesses with 25 or fewer employees had a one-year delay and will see their first minimum wage increase on January 1, 2018; the minimum wage will increase from $10.00 per hour to $10.50 per hour. Do not forget that many cities and some counties have local minimum wage ordinances as well - most of these call for increases on July 1, 2018.
When Hiring:
Salary History do not ask an applicant for employment their salary history, either on an application form or in an interview or otherwise; upon request you must provide the pay scale to an applicant for the position they are applying for. 
 
When Hiring - Criminal History:
If an employer has five or more employees, it is unlawful to inquire about criminal or conviction history of an applicant until after a conditional offer of employment to the applicant; If you obtain or review information (which can only relate to conviction history, not juvenile criminal history or actions related to marijuana offenses more than two years old) and intend to deny an applicant employment based even in part on such conviction history, you must document that you have made an individual assessment whether the conviction history has a direct and adverse relationship with the specific duties of the job justifying denying the applicant the position. Consideration must include:
  • Nature and gravity of the offense
  • Elapsed time that has passed since occurrence
  • Nature of the job; If you have made a preliminary decision not to employ an applicant based on conviction history, the applicant must be notified of the decision in writing, given a copy of the history report, notice of a right to respond, and have five days to respond. If told by the applicant that he/she disputes the accuracy of the report, the applicant has five additional days to respond to the notice. Any final decision by the employer must be in writing.
Handling of Immigration I-9 Forms:  
Do not allow any government entity, and specifically DO NOT ALLOW the Customs & Immigration Service, or U.S. Homeland Security to obtain or review your records UNLESS provided a Notice of Inspection. If you receive a Notice of Inspection for I-9 forms, you must post a notice for employees immediately informing them that the process will occur. If the I-9 review raises questions about any particular employee's status, that employee must be informed and allowed to participate to clarify their status. Also, employers can only "reauthorize" a I-9 form as required by the process.

Employment Policies:
Reproductive Health Rights: Employees have the right to and freedom to make personal decisions regarding reproductive health including the timing of use of birth control drugs and devices, or medical services. These rights are now protected by the Equal Employment provisions of California law and employers may not discriminate on the basis of employee decisions. Employee handbooks must also contain a notice of employee rights and remedies regarding this matter.
 
New Parent Leave Act:
Employers who have from 20-49 employees as of January 1, 2018 are required to allow qualified employees to take unpaid leave for up to 12 weeks to bond with a new child within one year of a child's birth, adoption or placement for foster care. There are qualifications defining that the employee must have completed 1,250 hours of work for the company within the past year, and work at a location where there are at least 20 employees within 75 miles of the worksite. NOTE: This leave is in addition to pregnancy leave, which can be for up to four months, and employees are entitled to continuation of health benefits during this leave.

Harassment Training Re: Gender Identity, Expression & Sexual Orientation:   Training which is required regarding prevention of sexual harassment and bullying behavior now must include training inclusive of harassment based on gender identity, gender expression and sexual orientation, in the training all employers with 50 or more employees must provide supervisors and managers for two hours every two years.

For a more detailed review - Click Here
 

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Don Dressler Consulting, 2030 Main St., Ste. 1300, Irvine, CA 92614
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