Prohibit the box: no requests for criminal history before the adoption of a conditional sentence (Govt Code Code 12952)
All employers with five (five) or more employees are prohibited from including in any employment statement a question requiring the disclosure of the applicant's criminal history. The employer cannot “request” or “review” the applicant's conviction history until a conditional offer of employment is accepted.
It also means that employers cannot use background checks that reveal the history of criminal convictions until a proposal is made.
If the employer intends to refuse to work on the application because of the history of the applicant’s conviction, whether fully or partially, he should make an individual assessment of whether the applicant’s history of condemnation has a direct and unfavorable relationship with specific job duties that justify the applicant’s refusal to do so. The employer must consider: (1) the nature and severity of the crime or conduct; (2) the time elapsed since the commission of the crime or the commission and completion of the punishment; and (3) the nature of the job or its search. This estimate may or may not be perpetuated in writing.
If the employer makes a preliminary decision that the applicant’s conviction history deprives the applicant of the right to work, the employer must notify the applicant in writing of this preliminary decision. The notice must contain: (1) a notice of the disqualification of the conviction or conviction, which is the basis for the preliminary decision to cancel the offer; (2) a copy of the criminal record, if available; and (3) an explanation of the applicant's right to respond to the notification of the employer's preliminary decision before this decision becomes final, and the deadline for the answer. The explanation informs the complainant that the answer may include the presentation of evidence challenging the accuracy of the history report of the conviction, which is the basis for canceling the sentence, confirming the rehabilitation or mitigating the circumstances, or both.
The applicant has at least five (5) business days to respond to the notice provided to the applicant before the employer can make a final decision. The applicant's response may challenge the accuracy of the criminal record, which served as the basis for the preliminary decision to cancel the sentence. If the claimant states that he is taking concrete steps to obtain evidence supporting his dispute, then the claimant has five (5) additional business days to respond to the evidence.
If the employer makes the final decision to refuse to file an application solely or partially due to the applicant’s conviction history, the employer must notify the applicant in writing. The notice must include: (1) final denial or disqualification; (2) any existing procedure that the employer has for the applicant to challenge the decision or to require reconsideration; and (3) the right to file a complaint with the Department of Fair Employment and Housing.
Do not ask about salary history (Labor Code § 432.3)
An employer cannot request payroll information about a candidate for a job. "Information about the history of earnings", including compensation and benefits.
The new law does not prohibit the applicant voluntarily and does not require the disclosure of salary history information to a potential employer. If the applicant voluntarily and without instructions discloses information about the salary history to a potential employer, the employer may consider or rely on this information when determining the salary for this applicant.
If the applicant requests a salary scale for the position, the employer must provide it.
The Law on the Protection of Parental Rights, protected from duties (Government Code § 12945.6)
Employers with 20 or more employees must provide eligible employees up to 12 weeks of unpaid leave for new parents to communicate with a new child within one (1) year from the moment the child is born, adopted or placed by caregivers. Unlike the federal law on family and medical leave and the Family Rights Act in California, this new law is limited to parental leave; he does not allow leave due to the “serious health condition” of an employee or family member.
The insured employer has between 20 and 49 employees with 75 miles of each other.
The insured employee has more than 12 months of service with the employer and at least 1,250 hours of work with the employer during the previous 12-month period.
While the vacation is unpaid, the employee has the right to use any accrued vacation pay, paid sick time, or other accrued paid time. In addition, the employer must maintain group health insurance during the holidays at the same level and under the same conditions that would have been provided if the employee continued to work.
Immigration: cooperation with federal authorities (Government Code §§ 7285.1, 7285.2, 7285.3 and the Labor Code § 90.2)
Under current federal immigration laws, when federal immigration authorities visit workplaces to carry out coercive activities, an employer may allow authorities to freely apply to non-public parts of the workplace or require a warrant. New California law eliminates employer's ability to voluntarily allow access to non-public parts of the workplace.
The Labor Commissioner or the Attorney General has exclusive authority to apply this new law. Thus, there is no private right to act in accordance with the Conventional Attorney's Rights Act of the California Labor Code. Civil penalties range from $ 2,000 to $ 5,000 for the first violation and $ 5,000–10,000 for each subsequent violation.
The new law also prohibits employers from voluntarily providing immigration agents with access to employee records without a warrant or court order. This section does not apply to Forms I-9, for which the Inspection Notice was provided to the employer.
If an employer receives any I-9 Employment Aid Verification Form Notification Notifications or other employment records from an immigration agency, it must provide employees with a notice of verification within 72 hours of receiving the notification. The notice must be delivered manually at the workplace, if possible, or by mail or e-mail if manual delivery is not possible.
Sacrifice: The Labor Commissioner is now authorized to receive a preliminary refusal (Labor Code § 98.7)
An employee or Labor Commissioner may receive a preliminary order forcing an employer to reinstate an employee before accepting an employee's retaliatory action. Meaning, an employer may need to re-hire an employee for the time it takes to challenge the employee’s claim that he / she was subjected to unlawful retribution, which usually takes at least a year or more.
Moreover, the new law significantly reduces the burden of proof for an injunction in cases of retaliation. The general standard of a temporary restraining or permanent injunction requires the party to prove (1) irreparable harm if the injunction is not granted, (2) the likelihood of success on the merits and (3) these interests outweigh the harm caused to the defendant if the injunction is issued. Now an injunction is granted if the person simply shows that a “reasonable reason” exists to believe that the employee has been illegally terminated or subjected to adverse actions.
In addition to transferring to employees a much lower burden of proof than other forms of injunction, the court must take into account the “cooling effect on other employees claiming their rights under these laws when determining whether a temporary injunction is fair and appropriate”. Thus, the court should consider a completely new factor, which only favors employees.
Messages and notifications
Benefits
The Department of Employment Development made changes to the DE 2320 For Your Benefit and the brochure “Paid Family Vacation”. DE 2320 must be handed over to the employee upon termination or dismissal or on vacation.
Paid family leave no longer has a seven-day waiting period.
Pamphlet human rights victims
All employers must provide new employees with written notice of the rights of victims of domestic violence, sexual abuse, and harassment in order to obtain protected leave for treatment or legal proceedings. A pamphlet about domestic violence victims can be found on the California Department of Industrial Relations website.
Transgender Rights poster
The fair employment and housing department has developed a new poster with transgender rights. All employers with five (five) or more employees must post this information. If you order an annual state and state rights poster, updated annually and published by the California Chamber of Commerce, the information is contained in it. Otherwise, the poster can be found on the website of the Department of Fair Employment and Housing.
In addition, employers should familiarize themselves with new California ID documents. California ID cards, birth certificates and driver's licenses may include one (1) of three (3) gender options: women, men or non-bible. They will be enacted from September 1, 2018 for obtaining birth certificates and January 1, 2019 for obtaining a driver's license.
Minimum wage increase
For employers with 26 or more employees, the state minimum wage increased to $ 11 per hour. For employers with 25 employees or less, the state minimum wage increased to $ 10.50 per hour.
The minimum wage threshold for administrative, administrative and professional benefits increased by 2018. The threshold is based on state minimum wages, not local minimum wages. The minimum wage exemption for employers with 26 or more employees is $ 3,813.33 per month ($ 45,760 per year).
For employers with 25 employees or less, the minimum monthly salary exemption is $ 3,640 per month ($ 43,680 per year).
New Form I-9 (07/17/17 N)
The latest form can be found on the US Citizenship and Immigration Services website.
Standard IRS mileage
The 2018 IRS mileage increased to 54.5 cents per mile for business travel.
Reminders of local regulations
Minimal salary
The minimum wage for employees working in Los Angeles increased from July 1, 2016 to $ 10.50 per hour for companies with 26 or more employees. For employers with 25 employees or less, the minimum wage increased to $ 10.50 on July 1, 2017. The increase will continue as follows:
Employers with 26 or more 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 employees or less
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 vacation
L.A. City passed a resolution requiring 48 hours of paid sick leave per year, doubling the California wage law. Unlike state law, which contains exceptions for certain occupations, such as construction workers, some domestic health workers, flight crews, and workers covered by trade union agreements, there are no exceptions in L.A. Employers with 26 or more employees were required to comply until July 1, 2016. Employers with 25 or less employees were required to complete by July 1, 2017.
Paid sick leave is calculated on the first day of work and can be used starting from the 90th day. Employers can either provide a one-time payment (“frontal load”) of paid sick leave, or get it in the amount of one (1) hour sick leave for every 30 hours of work. However, state law has additional accrual options that are not allowed by L.A. In addition, in accordance with the front-loading approach, state law provides that the transfer of unused time of illness is not possible. Regulation L.A. states that up to 72 hours should be transported from year to year, but it does not indicate whether this transfer requirement applies to front-loading plans.
Like state law, unused sick leave should not be paid after separation. If an employee is separated and rehired within one (1) year, any unused illness time must be recovered. In contrast to state legislation, the decision of L.A. there is no exception for recovery if paid sick leave was paid after separation, that is, according to the PTO policy.
