In 2018, California’s statewide Fair Chance Act (“FCA”) went into effect, imposing limitations on employers’ consideration of applicants’ criminal records and requiring a fair chance process before a candidate’s offer was revoked. A year earlier, the City of Los Angeles had enacted its own Fair Chance Initiative for Hiring, which imposed similar obligations on employers within the boundaries of the City. Now, Los Angeles County
Hiring
DHS Rule Will Permit Remote I-9 Authorizations on a Permanent Basis
The United States Department of Homeland Security (“DHS”) has issued a final rule that will permit certain employers to remotely verify I-9 employment authorization documents on a permanent basis beginning August 1, 2023.
Historically, employers, or their “authorized representatives,” were required to review I-9 authorization documents in-person with the employee physically present. However, during the COVID-19 pandemic, DHS temporarily permitted employers operating remotely to engage…
West Hollywood Wins The Gold Medal For Highest Minimum Wage In The Nation — $19.08!
The so-called “Fight for 15” – those widespread protests for a $15 minimum wage – are so passé now!
As of July 1, 2023, West Hollywood takes the crown for the highest mandated minimum wage in the United States at $19.08. Why they didn’t just top it off at $20 is anyone’s guess. (Not to be completely outmatched, several other localities raised their minimum wage…
AI is Here and So Are the New AI Rules for Employers
California is considering a new law (Assembly Bill 331), also known as the Automated Decision Systems Accountability Act. Modeled after the Biden Administration’s Blueprint for an AI Bill of Rights (whitehouse.gov), AB 331 would control the use of machine-based systems in making “consequential” employment decisions such as compensation, promotions, hiring, termination, and automated task allocations.
If passed and signed into law, AB…
January 2023 California Employment Law Notes
We invite you to review our newly-posted January 2023 California Employment Law Notes, a comprehensive review of the latest and most significant developments in California employment law. The highlights include:
- Age/National Origin Case Was Properly Dismissed Despite “Direct Evidence” Of Discriminatory Animus
- Family Court May Order Employer To Provide Determination Of Arrearages Owed In Spousal Support Case
- Background Check Agency May Have Violated State
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Background Check Agency May Have Violated State Law By Disclosing Conviction
Kemp v. Superior Court, 86 Cal. App. 5th 981 (2022)
In 2020, the background reporting agency in this case disclosed to an employer a conviction of an individual from 2011 who had applied for a job. Following receipt of the report, the prospective employer withdrew its job offer. The individual then filed this lawsuit against the reporting agency on the ground that the conviction/parole…
California Labor Commissioner Releases Pay Transparency FAQs
As we previously reported here, California employers with 15 or more employees are required to post salary ranges on job postings as of January 1, 2023 (i.e. next week!). The Labor Commissioner has provided additional guidance as to how these requirements will be interpreted.
The law requires employers to post pay scales on all job postings even if the employer engages a third…
California’s Civil Rights Department Adds More Detail to Regulations Regarding Consideration of Applicants’ Criminal History
In the weeks and months since it changed its name from the Department of Fair Employment and Housing to the California Civil Rights Department (“CRD”), the agency has been busy. Most recently, the CRD released proposed modifications to the regulations under the Fair Employment and Housing Act (“FEHA”) related to the use and consideration of criminal history information in employment decisions—a process that is already…
California Mandatory Postings and Pamphlets – What’s New for 2023
California employers are required to post several notices and distribute various pamphlets informing employees of their employment rights. Effective January 1, 2023, eight (8) out of eighteen (18) of these required notices will be updated. The eight (8) notices that will be updated are the following:
1. California Minimum Wage;
2. Family Care and Medical Leave and Pregnancy Disability Leave;
3. Your Rights and Obligations…
California Employment Laws Passed and Pending
It just wouldn’t be Fall without the passage of a flurry of new laws, shaking up the employment landscape in California. As of the close of the legislative session on August 31, several “job killer” bills (so called by the California Chamber of Commerce as reported here and here) passed the state legislature and are awaiting action by Governor Gavin Newsom.
While Governor Newsom…