A look at new California employment laws in 2018
2018 brings new laws to California. Here is a look at some new employment laws that might affect you:
SALARY INFORMATION (Assembly Bill No. 168): Under new California law, employers are prohibited from asking job applicants for salary information as a factor used to determine whether or not to hire them. Employers are also prohibited from using an applicant’s salary history as a way to determine their new salary. The new law would require an employer to provide an applicant the pay scale for a position. The law would not prohibit an applicant from voluntarily providing the employer with their salary history.
EMPLOYERS BANNED FROM ASKING CRIMINAL HISTORY ON APPLICATIONS (Assembly Bill No. 1008): Employers, state agencies and public utilities with five or more workers are now banned from including any questions regarding a job applicant’s criminal record on their job application. Only after a job offer has been made can the employer consider criminal history.
If the employer intends to deny a person a job entirely or in part because of their conviction history, the employer must notify the applicant in writing with specific information explaining why their conviction history has such a direct negative impact on the job duties that it justifies denying the applicant the position. Then, the applicant may challenge the decision, and the employer must review that challenge. AB 1008 was written as an effort to reduce barriers to unemployment for people with conviction histories, and to decrease unemployment in communities with high numbers of people with criminal records.
WORK SITE IMMIGRATION ENFORCEMENT AND PROTECTIONS (Assembly Bill No. 450): This law prohibits an employer from voluntarily consenting to allowing an immigration enforcement agent to access any non-public areas of a jobsite. This law protects workers from immigration enforcement while on the job, unless the immigration agent has a warrant. An employer is also prohibited from providing an immigration enforcement agent with an employee’s records without a judicial warrant. Employers can face up to $10,000 in fines for each violation. Additionally, the bill prohibits employers from revisiting a current employee’s employment eligibility at a time or in a manner not specified by federal law.
MINIMUM WAGE: This year, minimum wage increases to $10.50 per hour for employers with 25 or fewer employees. It increases to $11 per hour for employers with 26 or more employees.