W2 Issues/Concerns


Blog

Check out our weekly blog posts and see the latest news and discussions happening in the HR world of business.

Five new California laws to watch in 2018

When it comes to employment law, California is generally considered “one to watch.” Typically, the golden state is if not the first, then certainly among the first, to pass pro-employee laws. The following five laws were enacted recently in California and became effective January 1.

Ban the Box
Although several states have already enacted this legislation, California recently joined the roster in banning employers from asking about criminal convictions on job applications. The ‘ban the box’ campaign – which has received national attention – seeks to remove the yes or no checkboxes on standard job application forms that could lead employers to automatically reject those with a criminal history without knowing about the nature of the offense.

Under the legislation, California employers are also prohibited from asking about criminal offenses during an interview and can only broach the subject after a conditional offer of employment has been made. At this point, an employer is allowed to determine whether the nature and severity of the crime would conflict with any duties of the position, but if a decision to deny an applicant is made, the employer must explain why they were disqualified. A job applicant can then dispute the accuracy of the conviction information or provide evidence of rehabilitation that must be considered by the employer before a new decision can be rendered.

Salary History Ban
Again, California is not the first here, but it is the latest to remove questions about previous salaries from their job applications. Employers can still ask what a candidate’s salary expectations are, but can no longer use the information provided on a job application form to extend a job offer or determine how much to pay a potential employee. However, if a job applicant provides the information voluntarily, this information can be used in the salary decision-making process. Other states and cities to enact this legislation include Illinois, Delaware, Massachusetts and Oregon, as well as New York City and Philadelphia.

Extension of Small Business Family Leave
Effective January 1, employees of “small companies” – defined as those with between 20 and 49 employees – can now receive 12 weeks of family leave to bond with a new child within one year of birth or adoption. The leave is typically unpaid, although certain employees may be eligible for pay if they have worked a certain number of hours prior to the year before their leave began.

Expanded Harassment Training:
With all the talk of sexual harassment in the workplace and the #MeToo movement, it should come as no surprise that the state is upping the ante. Currently, companies with 50 or more employees are required to host at least two hours of interactive training for all supervisors, to be repeated every two years. However, the new legislation calls for the training to be expanded beyond sexual harassment and bullying to include harassment based on gender identify, gender expression and sexual orientation.

Upping the Minimum Wage
California became one of 18 states, plus the District of Columbia, to increase the minimum wage for employees. Specifically, California companies with 26 or more employees must pay their workers at least $11 an hour, whereas companies with fewer than 26 employees must pay at least $10.50 an hour. Further, in order for salaried employees to be exempt from overtime, they would have to make at least $45,760 annually.

We follow changes like these very closely and have experts who can help you understand how they impact your business and  assist with best practices for implementation

 

Post a Comment

Your email address will not be published. Required fields are marked *

HR Managers: Discover how to effectively tackle business challenges with a PEO
Small Business: Discover how Abel HR can help your business.

Featured BLOGS

  • Letting Go is Never Easy: 6 Ways to Make it Easier

    A Professional Employer Organization (PEO) can help you find a great candidate, how to set your new hire up for success, and how you can intervene early to try and save a flailing employee. But what if these efforts fall short – they can’t bring their skills up to snuff and you can’t help them get there? Sadly, it’s now time to talk termination. A PEO can help the parting of ways go a little easier. Below are six ways a PEO can be by your side to make the whole process effective, legal (because there’s plenty of places for pitfalls),

  • After the Interview: Who Did I Just Hire?

    You spent months looking for the perfect candidate with your offsite human resources experts at a Professional Employer Organization (PEO) like Abel HR. Together, you reviewed resumes, conducted interviews, and even extended an offer or two. Finally, you landed someone you and your company were excited about. However, the person who showed up for their first day of work – or even weeks of work – is not at all like the bright, motivated, charismatic person who wowed you during the interview process. Making one hiring mishap a year can have a significant financial impact. Replacing an employee in a mid-range position (earning

Archives

FSA | CommuterNew EmployeeAbel PortalTime Clock