2018 brought in numerous new laws that every California employer must understand and implement. These laws are not optional and must be followed to avoid costly penalties or potential legal consequences.
As a reliable resource of HR information and news to our customers, TelePayroll has prepared a series of helpful updates defining the specifics of the 2018 laws which highlight what employers can expect, and what they are required to do to implement the laws in their company, right away.
Seven Topics Covered:
- Update #1: Minimum Wages
- Update #2: When Hiring: Salary History
- Update #3: When Hiring: Criminal History
- Update #4: Handling Immigration I-9 Forms
- Update #5: Employment Policies
- Update #6: New Parent Leave Act
- Update #7: Harassment Training: Gender Identify, Expressions & Sexual Orientation
Update #1: Minimum Wage New Law
Large businesses with 26 or more employees began complying January 1, 2017. The current minimum wage for large businesses is $10.50 per hour; the rate increased to $11.00 per hour on January 1, 2018. Large businesses will reach the $15 per hour minimum wage in 2022.
Small businesses with 25 or fewer employees had a one-year delay and will see their first minimum wage increase on January 1, 2018; the minimum wage will increase from $10.00 per hour to $10.50 per hour. Do not forget that many cities and some counties have local minimum wage ordinances as well – most of these call for an increases on July 1, 2018.
Update #2: When Hiring: Salary History
When Hiring – Regarding Salary Information
- Do not ask an applicant for employment about their salary history, either on an application form or in an interview or otherwise.
- Upon request you must provide the pay scale to an applicant for the position they are applying for.
- Revise your application form to comply with 2018 California laws (CalWorkSafety.com can provide assistance). Ask all applicants to complete an application to insure compliance.
- Have a system to review the basics every time you recruit for a position which asks key questions including job duties and qualifications to allow you to determine an appropriate pay scale.
As of 1/1/18: AB 168(Employers and Salary Information) added CA Labor Code Section432.3, which provides that an employer shall not rely on salary history of an applicant for employment in determining whether to offer employment or what salary. Also, no employer may seek salary history information including compensation or benefits from an applicant for employment. However, any applicant for employment must provide the pay scale for a position upon request to a job applicant.
When Hiring – Regarding Criminal History:
For employer who have five or more employees, it is unlawful to inquire about criminal or conviction history of an applicant until after a conditional offer of employment to the applicant – If you obtain or review information (which can only relate to conviction history, not juvenile criminal history or actions related to marijuana offenses more than two years old) and intend to deny an applicant employment based even in part on such conviction history.
The employer must document that you have made an individual assessment whether the conviction history has a direct and adverse relationship with the specific duties of the job justifying denying the applicant the position.
Consideration Must Include:
- Nature and gravity of the offense
- Time that has passed
- Nature of the job
If you have made a preliminary decision not to employ an applicant based on conviction history, the applicant must be:
- Notified of the decision in writing
- Given a copy of the history report
- Provided notice of a right to respond
- Have five days to respond
If told by the applicant that he/she disputes the accuracy of the report, the applicant has five additional days to respond to the notice.
Any Final Decision by the Employer Must Be In Writing
TelePayroll offers Human Capital Management solutions that make it easy for employers to manage employees and keep up with state and federal regulations. Our solutions help maintain the service level and familiarity of a small, family-owned business. Let us handle your human capital management so you can focus on running your business.
If you have any questions about these updates, please contact us: 800-442-4988 or email: firstname.lastname@example.org