San Jose is the third northern California city to enact a scheduling ordinance that further regulates employers’ scheduling and hiring practices. Following on San Francisco and Emeryville’s lead, San Jose recently passed “The Opportunity to Work Ordinance” (Ordinance No. 2016.1, codified at Chapter 4.101 of the San Jose Municipal Code), which went into effect on February 6, 2017. … Continue Reading
As we reported here in December, the City of Los Angeles Fair Chance Initiative for Hiring Ordinance is now effective. The new law, also referred to as the “Ban the Box “ ordinance, restricts employers in the City of Los Angeles from asking job applicants about criminal convictions until after a conditional offer of employment … Continue Reading
On December 9, Los Angeles Mayor Eric Garcetti signed the “Fair Chance Initiative” into law. The new law, also referred to as the “Ban the Box” ordinance, restricts employers in the City of Los Angeles from asking job applicants about criminal convictions until after a conditional offer of employment has been made. Although some exceptions … Continue Reading
We recently blogged about Governor Brown signing S.B. 1241, which is now codified as Section 925 of the California Labor Code. The law, which affects venue and choice of law provisions in agreements entered into as a condition of employment, will begin applying to agreements entered into, modified, or extended beginning on January 1, 2017. … Continue Reading
We invite you to review our newly-posted October 2016 California Employment Law Notes, a comprehensive review of the latest and most significant developments in California employment law. The highlights include: Newly Enacted California Statutes Minimum Wage Increases; Equal Pay Act Expanded; No Disclosure Of Juvenile Criminal History Required (Including Rape And Murder); California Employees Guaranteed Access … Continue Reading
In 2015, the Legislature enacted significant amendments to California’s Equal Pay Act (Labor Code § 1197.5) to address gender wage inequality. This year, the Legislature enacted additional amendments to the statute prohibiting wage inequality based upon race or ethnicity for substantially similar work. (SB 1063.) Additionally, the Legislature enacted a further amendment specifying that an … Continue Reading
This bill prohibits an employer from asking an applicant for employment to disclose, or from utilizing as a factor in determining any condition of employment, information concerning or related to an arrest, detention, processing, diversion, supervision, adjudication, or court disposition that occurred while the person was subject to the process and jurisdiction of juvenile court … Continue Reading
This bill applies to contracts entered into, modified, or extended on or after January 1, 2017 and prohibits an employer from requiring an employee who primarily resides and works in California, as a condition of employment, to agree to adjudicate outside of California a claim (in either litigation or arbitration) arising in California or deprive … Continue Reading
Commencing March 1, 2017, all single-user toilet facilities in any business establishment, place of public accommodation, or government agency must be identified as all-gender toilet facilities. (AB 1732.)… Continue Reading
Employees who are exempt from minimum wage and overtime requirements are not required to have the number of total hours worked tracked and logged on an itemized wage statement. (AB 2535.)… Continue Reading
Employers that are required to notify their employees of their eligibility for the federal Earned Income Tax Credit also must notify employees that they may be eligible for the California Earned Income Tax Credit; the bill also updates the content of the notice that must be provided to employees. (AB 1847.)… Continue Reading
An employer seeking a writ of mandate contesting the Labor Commissioner’s ruling regarding the failure to pay minimum wage must post a bond with the Labor Commissioner in an amount equal to the unpaid wages assessed under the citation, excluding penalties. The bond must be issued in favor of the unpaid employee, and the proceeds … Continue Reading
The Domestic Worker Bill of Rights, which regulates the hours of work of domestic work employees who are personal attendants and provides an overtime compensation rate for those employees and which was scheduled to be repealed on January 1, 2017, will remain the law in California. (SB 1015.)… Continue Reading
This bill, on and after July 1, 2018, entitles a provider of in-home supportive services who works in California for 30 or more days within a year from the commencement of employment to paid sick days. The bill requires the State Department of Social Services, in consultation with stakeholders, to convene a workgroup to implement … Continue Reading
This bill makes it unlawful for an employer to request more or different documents than are required under federal immigration law, to refuse to honor documents tendered that on their face reasonably appear to be genuine, to refuse to honor documents or work authorization based upon the specific status or term of status that accompanies … Continue Reading
The Department of Fair Employment and Housing (the “DFEH”) can receive complaints from victims of human trafficking, and the agency is authorized to investigate, prosecute, mediate, conciliate and bring civil actions on behalf of such victims. (AB 1684.)… Continue Reading
This bill requires a person that submits a bid or proposal to, or otherwise proposes to enter into or renew a contract with, a state agency with respect to any contract in the amount of $100,000 or more to certify, under penalty of perjury, at the time the bid or proposal is submitted or the … Continue Reading
This bill prohibits a commercial online entertainment employment service provider that enters into a contractual agreement to provide specified employment services to an individual paid subscriber from publishing information about the subscriber’s age in an online profile of the subscriber and would require the provider, within five days, to remove from public view in an … Continue Reading
Beginning January 1, 2018, the amount of paid family leave benefits increases from 55 percent of earnings to 60 or 70 percent of earnings, depending on the employee’s income (subject to a maximum weekly benefit limit). In addition, the current seven-day waiting period to receive benefits is eliminated. (AB 908.)… Continue Reading
Existing law prohibits an employer from discharging or in any manner discriminating or retaliating against an employee who is a victim of domestic violence, sexual assault, or stalking for taking time off from work for specified purposes related to addressing the domestic violence, sexual assault, or stalking. This bill requires employers to inform each employee … Continue Reading
A provision within a settlement agreement that prevents the disclosure of factual information that establishes a cause of action for civil damages for a felony sex offense; an act of childhood sexual abuse; an act of sexual exploitation of a minor; or an act of sexual assault against an elder or dependent adult that is … Continue Reading
This bill requires by January 1, 2019 that the Division of Occupational Safety and Health propose to the Occupational Safety and Health Standards Board for the board’s review and adoption, a heat illness and injury prevention standard applicable to workers working in indoor places of employment. (SB 1167.)… Continue Reading
A handheld wireless telephone or electronic wireless communications device may be operated in a manner requiring the use of the driver’s hand while the driver is operating the vehicle only if both of the following conditions are satisfied: (1) The handheld wireless telephone or electronic wireless communications device is mounted on a vehicle’s windshield in … Continue Reading
This bill expands the prohibition on smoking in a place of employment to include an owner-operated business. It also eliminates most of the specified exemptions that permit smoking in certain work environments, such as hotel lobbies, bars and taverns, banquet rooms, warehouse facilities, and employee break rooms. (ABX2-7.)… Continue Reading
