Governor Brown and the State Legislature has been busy. New employment law bills have been signed and go into effect January 1, 2018. The first prevents employers from complying with requests of federal immigration enforcement officials to enter non-public areas of the employer’s premises or to inspect the employer’s records in the absence of a judicial warrant or subpoena and/or a notice of inspection of I-9 records. Others ban employers from inquiring about applicants’ salary history and requires smaller employers (those with 20 employees) to provide up to 12 weeks of parental leave to employees.
AB 450 (Immigration Worksite Enforcement Actions): This new law prohibits California employers (both public and private) from complying with requests of federal immigration enforcement officials to enter non-public areas of the employer’s premises or to inspect the employer’s records in the absence of a judicial warrant or subpoena and/or a notice of inspection of I-9 records. It also requires employers to give written notice to employees of any official inspection of the employer’s I-9 records, along with the results of any such inspection. Finally, this new law prohibits employers from re-verifying the employment eligibility of a current employee in a manner not required by federal law.
AB 168 (Salary Inquiries) : This new law prohibits employers (public and private) from inquiring about, or considering, information concerning an applicant’s prior salary history in determining whether to offer employment to the applicant and/or the amount to pay the applicant. It also requires employers to provide the pay scale for a position upon request by an applicant. An applicant may, however, voluntarily (without prompting by the employer) disclose information concerning prior salary history, in which case the employer may consider it in determining the employee’s compensation.
SB 63 (Expansion of Parental Leave Rights): This new law (similar to FMLA and CFRA) provides that an employee who has at least 12 months of service and 1250 hours of service within the prior 12 months, and who works at a worksite in which the employer employs at least 20 employees within 75 miles, is entitled to take up to 12 weeks of parental leave to bond with a new child within one year of the child’s birth, adoption, or foster care placement. The employer also is required to maintain the employee’s group health coverage during such leave, on the same terms as if the employee was actively reporting to work.
Please know that our HR Services Division is here to answer any questions you have and to assist you determining the best way for you to comply with these new laws. If you have any questions, please contact Stephen Keyzers, at 626-217-9000 ext.121 or by Email: firstname.lastname@example.org