In a little-noticed provision buried deep inside the new Tax Cuts and Jobs Act (signed into law on Dec. 22) is the following “denial of deduction”:

Payments related to sexual harassment and sexual abuse – No deduction shall be allowed under this chapter for –

  • any settlement or payment related to sexual harassment or sexual abuse if such settlement or payment is subject to

We invite you to review our newly-posted November 2017 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

Known as “Ban-the-Box” legislation in reference to the box applicants are asked to check if they have any prior criminal convictions, the new law prohibits employers from inquiring about or considering a job applicant’s conviction history prior to an offer of employment. Specifically, the new law amends California’s Fair Employment and Housing Act (“FEHA”) by making it unlawful for employers in California with five or

This law expands the scope of mandatory sexual harassment training employers must provide to their supervisory employees. Currently, FEHA requires employers with 50 or more employees to provide at least two hours of prescribed training and education regarding sexual harassment to all supervisory employees within six months of their assumption of a supervisory position and then once every two years thereafter. This new law expands

This new law expands parental leave protections to those individuals who work for employers with at least 20 employees. Under the new law, employers with at least 20 employees must allow an employee who has more than 12 months of service with the employer to take up to 12 weeks of parental leave to bond with a new child within one year of the child’s

California Gov. Jerry Brown signed into law nearly a dozen new immigration-related bills, including AB 450, which prohibits employers from cooperating with federal immigration authorities in the absence of a judicial warrant or court order. Among other things, the new law:

  • Prohibits employers from voluntarily consenting to an immigration enforcement agent’s entering nonpublic areas of the workplace without a warrant;
  • Prohibits employers from voluntarily consenting

This law is a new statewide salary history inquiry law that will largely restrict employers in the state from seeking and relying upon salary history information obtained from applicants during the hiring process. The law will apply to all private and public sector employers and will prohibit employers from:

  • relying on salary history as a factor in determining whether to offer employment to an applicant

In instances in which the governor has declared a state of emergency in connection with an act of domestic terrorism, employers must provide immediate support to injured employees from a nurse case manager who will assist claimants to obtain medically necessary medical treatment. “Treatment” includes mental health treatment and counseling services for psychological injuries and post-traumatic stress disorder. Employers are also required to provide a

This law expands the Labor Commissioner’s power to commence an investigation of an employer – with or without a retaliation complaint being filed – when retaliation by the employer against an employee is suspected during the course of adjudicating a wage claim, a field inspection or in instances of suspected immigration-related threats in violation of the Labor Code. The Labor Commissioner is further authorized to

On Saturday, October 14, 2017, California Gov. Jerry Brown signed Assembly Bill 1008 into law, which is set to take effect on January 1, 2018.  Known as the “Ban the Box” legislation, in reference to the box applicants are asked to check if they have any prior criminal convictions, the new law prohibits employers with five or more employees from inquiring about or considering a