Guide to New Employment Laws for California in 2018

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Ban the Box: No Criminal History Inquiries earlier than Making a Conditional Offer (Govt. Code § 12952)
All employers with 5 (5) or greater employees are prohibited from such as on any employment application a query that seeks disclosure of the applicant’s crook records. The agency can’t “inquire” or “remember” an applicant’s conviction history till after a conditional provide of employment has been made.
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This additional approach employer can’t use heritage assessments that monitor criminal conviction records until after a proposal is made.

If an enterprise intends to deny employment to a utility because of an applicant’s conviction records, whether or not incomplete or in part, it has to make an individualized assessment of whether or not the applicant’s conviction records have a direct and damaging relationship with the specific responsibilities of the activity that justify denying the applicant the placement. The business enterprise shall don’t forget: (1) the character and gravity of the offense or behavior; (2) the time that has handed for the reason that offense or conduct and of the entirety of the sentence; and (three) the character of the job held or sought. This assessment may additionally or may not memorialize in writing.

If the enterprise makes a preliminary selection that the applicant’s conviction records disqualify the applicant from employment, the company shall notify the applicant of this initial choice in writing. The notification shall include: (1) be aware of the disqualifying conviction or convictions that are the idea for the initial decision to rescind the provide; (2) a replica of the conviction history record, if any; and (3) an explanation of the applicants proper to respond to the notice of the business enterprise’s preliminary selection earlier than that choice becomes very last and the cut-off date by way of which to respond. The rationalization shall tell the applicant that the response might also consist of submission of proof hard the accuracy of the conviction history file this is the premise for rescinding the provide, evidence of rehabilitation or mitigating situations, or both.

The applicant has as a minimum 5 (5) commercial enterprise days to reply to the attention supplied to the applicant before the company may also make a very last selection. The applicant’s reaction may dispute the accuracy of the conviction records report that changed into the idea for the initial choice to rescind the offer. If the applicant states he/she is taking precise steps to reap evidence assisting his/her dispute, then the applicant has five (five) extra commercial enterprise days to reply with the proof.

If an employer makes a final decision to deny a software completely or in part because of the applicant’s conviction records, the agency shall notify the applicant in writing. The note has to consist of: (1) the final denial or disqualification; (2) any existing system the employer has for the applicant to project the decision or request reconsideration; and (3) the right to document a complaint with the Department of Fair Employment and Housing.

Do Not Ask approximately Salary History (Labor Code § 432.Three)
An organization won’t try to find income records information about an applicant for employment. “Salary records” including compensation and benefits.

The new regulation does now not prohibit an applicant from voluntarily and without prompting disclosing earnings history information to a potential employer. If an applicant voluntarily and without prompting discloses income history records to a potential organization, the corporation might also don’t forget or rely on that records in determining the profits for that applicant.

If an applicant asks the pay scale for a role, the business enterprise must provide it.

Job-Protected Parental Leave Law (Govt. Code § 12945.6)
Employers with 20 or extra employees must offer eligible employees as much as 12 weeks of unpaid leave for brand new mother and father to bond with a brand new toddler inside one (1) year of the child’s start, adoption, or foster care placement. Unlike the federal Family and Medical Leave Act and the California Family Rights Act, this new law is restricted to parental go away; it does not allow for depart because of the worker’s or the employees’ family member’s “severe fitness condition.”

A protected organization has between 20 and 49 employees with 75 miles of every different.

An included employee has greater than 365 days of service with the employer, and at least 1,250 hours of a provider with the organization in the course of the preceding 12-month length.

While the leave is unpaid, the employee is entitled to use any accumulated excursion pay, paid unwell time, or other amassed paid break day. In addition, the business enterprise should keep institution fitness insurance during the depart on the equal level and beneath the equal situations that might have been supplied had the employee persevered to paintings.

Immigration: Cooperation with Federal Authorities (Govt. Code §§ 7285.1, 7285.2, 7285.Three, and Labor Code § 90.2)
Under cutting-edge federal immigration law, when federal immigration authorities visit a worksite to perform enforcement pastime, the agency may also allow a government to get right of entry to nonpublic quantities of the worksite voluntarily or requiring a warrant. California’s new law removes the agency’s potential to voluntarily allow access to nonpublic quantities of the worksite.

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