2018 California Employment Law Changes

Hold onto your hats Californians…I’ve got a few employment law changes that will effect you and your workplace in 2018:

Minimum wage is going up! $11/hr for employers with 26 or more employees or $10.50/hr for employers with 25 or less. Remember though…many cities have their own minimum wage ordinances that are higher. Eh, em…San Francisco I’m talking to you!

AB168: “What did you make at your last job?” = a question you can no longer ask. You no longer can ask in any way what person use to make. You shouldn’t even ask, “What are your salary requirements?”

Why does this law exist? To level the playing field when it comes to salary inequality between men, women and minorities.

What do you have to do besides abide by the law? You have to provide pay scale information to an applicant if their request is reasonable.

SB54: Trump Administration’s response to the “Sanctuary State” Law = ICE’s workplace enforcement (aka I-9 audits and workplace inspections) will likely increase four to five times. Make SURE your I-9s are up to code!

AB 450:

If ICE comes to your workplace, demand a judicial warrant before granting access to a nonpublic area and a subpoena or judicial warrant before access to review or obtain employment records. This does not apply to the “Notice of Inspection.”

SB179: There are now three genders on government documents: male, female and “nonbinary.” Why? To eliminate gender based differentiation in general.

SB63: Parental Leave! If you’re an employer of 20 or more you must provide 12 weeks of unpaid parental leave. Of course if you have 50 or more employees CFRA and FMLA apply.

SB396: Required Sexual Harassment Training for Supervisors now needs to include sexual orientation, gender identity and gender expression.

AB1008: “Ban the Box” = you cannot ask an applicant if they have a criminal convictions on an application (or in any way) until you’ve made them a conditional job offer.

Of course all of these new laws have many specifics to each.

If you have any questions on any of these email me. I’ve got answers!

A big thank you to Fisher Phillips for bestowing this knowledge upon me in today’s Legal Update for 2018.

Also, again…I’m not an attorney so if you need legal advice call one…from Fisher Phillips…preferably!