Deny box: no investigation of criminal history before making a conditional offer (Government Code § 12952).
All employers who have a five (5) or more employees are prohibited to include in any statement on the question of employment, which is aimed at the disclosure of the applicant's criminal history. An employer may not "know" or "review" of the applicant's criminal record until it is made a conditional offer of employment.
It also means that employers can not use reference checks to reveal the history of convictions, until an offer is made.
If the employer intends to refuse to accept a job in the application because the applicant's criminal record, in whole or in part, he has to make an individual assessment of whether the applicant has a history of convictions direct and unfavorable relationship with the specific responsibilities of this work, to justify the refusal of the applicant in the position. The employer takes into account: (1) the nature and severity of the offense or behavior; (2) the time elapsed since the time of the crime or sentence and completion; and (3) the nature of the work, or occupied by the search. This assessment may either not stored in writing.
If the employer takes a preliminary decision that the applicant's conviction history deprives the applicant of employment, the employer shall notify the applicant of this previous decision in writing. Notification should contain: (1) Notification of the conviction or conclusion that with 39 & # is the basis for the preliminary decision to cancel the offer; (2) a copy of the condemnation of the report, if any; and (3) an explanation of the applicant's right to respond to the message of the previous decision of the employer before the decision becomes final, and the date by which you must answer. In explaining the applicant is informed that the response may include the presentation of evidence to refute the accuracy of the condemnation of the report, that & # 39 is a basis for cancellation of the proposals of rehabilitation evidence or mitigating circumstances, or both.
The applicant has a minimum of five (5) business days to respond to the communication submitted by the applicant before the employer can make a final decision. the applicant's answer may challenge the accuracy of the condemnation of the report, which became the basis for making a preliminary decision on the abolition of the proposal. If the applicant claims to have taken certain steps to obtain evidence to support its argument, the applicant has five (5) additional working days for indications of a response.
If the employer makes the final decision to refuse the application wholly or partly due to the applicant's criminal record, the employer shall notify the applicant in writing. Notification should contain: (1) The final failure or imprisonment; (2) any existing employer procedure, the applicant appealed against the decision and demanded to reconsider; and (3) the right to lodge a complaint with the Department of Fair Employment and Housing.
Do not ask about the history of earnings (Labor Code § 432.3)
An employer may not seek information about the salary of the applicant for a job. "The history of earnings", including compensation and benefits.
The new law does not prohibit the applicant voluntarily and without encouragement to disclose information about the history of pay future employer. If the applicant voluntarily and without a clue reveals potential employers information about the history of the salary, the employer may consider or rely on this information in determining earnings for that applicant.
If the applicant requests the payment scale for the position, the employer must provide it.
The Law on the exit to the parent activities (Government Code § 12945.6)
Employers who work with 20 or more employees must provide workers with the right to up to 12 weeks of unpaid leave to new parents were able to stay with the new baby for one (1) year from the date of the birth, adoption or living in a foster something & # 39; S. In contrast to the federal law on family vacation & # 39; and and medical leave and the California Family Rights Act & # 39; and, the new law is limited to parental leave; it does not allow to leave the vacation because of "serious health condition" the employee or family member & # 39; and the employee.
Covered employer has 20 to 49 employees to 75 miles apart.
Indoor worker has more than 12 months of service for the employer and not less than 1250 hours of service with the employer during the preceding 12-month period.
While a vacation is not paid, the employee has the right to use accrued vacation payments for sick days and other accrued payments. In addition, the employer must maintain the group medical coverage while on holiday at the same level and under the same conditions that would have been provided if the employee continued to work.
Immigration: cooperation with the federal authorities (Government Code §§ 7285.1, 7285.2, 7285.3, and the Labor Code § 90.2)
Under current federal law on immigration, when federal authorities on immigration visit the work site for the exercise of executive activity, the employer may allow the authorities to voluntarily access to non-public parts of the workplace, or requiring a warrant. The new California law eliminates the possibility of the employer voluntarily allow access to non-public parts of the workplace.
Commissioner for the work or the Attorney General shall have exclusive jurisdiction for the implementation of this new law. Thus, there is no private right of action in accordance with the General Law on Private lawyers of California Labor Code. Civil penalties ranging from 2000-5000 dollars for the first offense and $ 5,000-10,000 for each subsequent violation.
The new law also prevents employers voluntarily provide immigration authorities access to personnel records without a subpoena or court order. This section does not apply to the Form I-9, for which the employer gives notice of an inspection.
If an employer receives any messages on the verification form validation rules to work I-9, or other documents related to employment by immigration agency, he should give employees a message about the inspection within 72 hours after receiving the message. The message must be delivered by hand at the workplace, either by mail or by e-mail, if the delivery is impossible manually.
Reward: is now authorized by the Commissioner for the work to get a preliminary ban (Labor Code, § 98.7)
Employee or authorized to work can get a pre-order prohibiting that causes the employer to return the employee to decide on the appeal to the court. That is, the employer may need to hire an employee at the time that is required for examination of the case on the request of the employee that he / she is subject to illegal retaliation, which usually takes at least a year or more.
Moreover, the new law sharply reduces the load on the evidence of the injunction in the case of revenge. Common standard temporary restraining order or a permanent ban requires the participant to prove (1) irreparable harm if the injunction is not granted; (2) the probability of success on the merits of the claim, and (3) those interests prevail in any case, the defendant damages incur, if you will receive a ban. Now the injunction is issued if a person simply finds that the "intelligent cause" exists to believe that the employee was unlawfully terminated or subjected to adverse action.
In addition to the transfer of employees is much less load on the evidence than other forms of judicial punishment, the court must consider whether, with the & # 39 is a temporary injunction, temporary fair and proper judicial act. Thus, the court should consider an entirely new factor, which only contributes to the employees.
Posts and notifications
Department of Employment Development amended the DE 2320 for your benefit and brochures with some paid & # 39; it. DE 2320 should be distributed after employee dismissal or dismissal, or on vacation.
Paid vacation in the family & # 39; and no longer have a seven-day waiting.
A pamphlet on the rights of victims
All employers must provide new employees with written notice of the rights of victims of domestic violence, sexual violence and harassment, to take advantage of secure rest for medical treatment or trial. Brochure victims of violence in the family & # 39; and can be found at the Ministry of Industry in California
Poster transgender rights
Department of Fair Employment and Housing has developed a new poster on the rights of transgender people. All employers who have a five (5) or more employees must post the information. If you order a poster on employment in the federal and state laws, which is updated and published by the Chamber of Commerce of California each year, the information contained in it. Otherwise, the poster is available on the website of the Department of Fair Employment and Housing.
Also, employers should familiarize themselves with the new California identification documents. California identification card, birth certificate and driver's license may contain one (1) of three (3) gender options: male, female and non-binary. They will be gradually perfected to September 1, 2018 to obtain a birth certificate, and January 1, 2019 for a driving license.
The increase in the minimum wage
For employers who work with 26 or more, the government increased the minimum wage to $ 11 / hour. For employers with 25 or fewer employees, the state's minimum wage increased to $ 10.50 / hour.
The threshold of the minimum wage for executive, administrative and professional benefits has increased over 2018. The threshold is based on the national minimum wage, rather than the local minimum wage. Minimum wage exemption for employers with 26 or more employees – 3 813.33 US dollars per month (45 760 US dollars per year).
For employers with 25 or fewer employees, the minimum monthly wage exemption is 3640 US dollars per month ($ 43,680 per year).
A new form of I-9 (17:07:17 N)
The latter form can be found on the US Citizenship and Immigration Services website.
Standard path IRS velocity increases
IRS mileage rates for 2018 increased to 54.5 cents / mile for business travel.
Reminders about local orders
The minimum wage for employees working in Los Angeles has increased from 1 July 2016 to 10.50 dollars / hour for companies with 26 or more employees. For employers with 25 or fewer employees, the minimum wage from July 1, 2017 increased to 10.50 dollars. Increase proceed as follows:
Employers with 26 or more employers
1:07:16, 10.50 dollars
12:00 17:07:17 $
1:07:18 13.25 dollars
1:07:19 $ 14:25
15:00 15:07:20 $
Employers who have 25 or fewer employees
1:07:17 $ 10.50
1:07:18 12:00 $
13:25 13:07:19 $
20:07:20 14.25 $
1:07:21 15:00 $
LA City passed a resolution, which requires 48 hours of paid leave per year, which doubled the law on payment of the disease in California. In contrast to the state of the law, which contains an exception for certain professions, for example, builders, individual health care workers, flight crews and workers who are covered by union agreements, the decision L.A. It contains no exceptions. Employers with 26 or more employees had to meet the requirements for 1 July 2016. Employers who have 25 or fewer employees, had to meet the requirements for 1 July 2017.
Paid sick leave there on the first day of work and can be used since the 90 th day. Employers can either pay a one-time payment of sick leave or to charge it at a rate of one (1) hour sick leave for every 30 working hours. However, state law has additional features charging means, is prohibited under LA Furthermore, according to the approach to the front load, state law provides that it is impossible to transfer unused sick. In L.A. ruling It provided that during the year should be held up to 72 hours, but it does not specify whether it is suitable for a front-loading plans.
As well as national legislation, unused sick leaves should not be paid for the separation. If an employee separates and returns to retire within one (1) year, any unused time of illness to recover. In contrast to state law, a decree LA It does not exclude from the recovery operation, if the wages are paid by disease in the separation, that is, within the PTO policy.