NEW YEAR BRINGS NEW EMPLOYMENT LAWS
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overnor Jerry Brown signed several key employment law bills that businesses need to be aware of for the coming year. In 2018, the Legislature introduced more than 2,600 bills including 1,217 bills that made it to the governor’s desk. Of those approved by the Legislature, Governor Brown signed 1,016 into law. CalChamber together with business organizations including NOCC tracked 213 California bills, stopping 115 opposed bills (including 29 job killers), and backing 27 bills that were signed into law. Strong advocacy by the CalChamber, members, local chambers of commerce and allied employers prevented all but one job killer bill from passing the Legislature.
Lactation Accommodation (AB 1976): Under current state law, an employer must provide a location other than a toilet stall for an employee to express breast milk. The location must also be private and in close proximity to the employee’s work area. This law requires that the employer provide a location other than a “bathroom,” rather than a “toilet stall.” As a result, employers cannot designate a bathroom as a designated space to express breast milk.
Of note, the Governor vetoed AB 3080, which would have banned settlement agreements for labor and employment claims, as well as arbitration agreements made as a condition of employment. If passed, AB 3080 would have significantly expanded employment litigation, delayed resolution of claims and increased costs on employers. The new regulations, however, will require California employers to update their employment notice postings. NOCC is offering a discount on postings for orders placed through December 15, 2018. Here are some of the new laws taking effect in January 2019 that employers should anticipate:
LEAVES OF ABSENCE AND BENEFITS Paid Family Leave (SB 1123): The Paid Family Leave wage replacement program will be expanded beginning Jan. 1, 2021, to any employee who takes time off to attend to situations related to the covered active duty status of the employee’s spouse, registered domestic partner, child or parent who is a member of the US Armed Forces. Known as “qualifying exigencies,” these situations could include time off for official ceremonies, briefings, changes to childcare arrangements, financial or legal arrangements, counseling or spending time with the covered service member during rest and recuperation leave, among others.
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HIRING PRACTICES Salary History (AB 2282): This new law clears up ambiguities in last year’s AB 168, the ban on salary history inquiries and the requirement to provide pay scales to applicants. The Labor Code will now specify that employers may inquire about an applicant’s salary expectations applicable to the position to which a candidate is applying. External applicants (not current employees) are entitled to a pay scale upon request, but only after completing an initial interview. Criminal Background Checks (SB1412): Current law generally prohibits employers from considering judicially sealed or expunged convictions when conducting a criminal background check on a job applicant. However, employers hiring for certain sensitive positions cannot legally hire applicants with specific convictions, such as where a bank teller has a conviction related to a bank robbery, even if sealed or expunged. SB 1412 narrows an employer’s ability
