The California Chamber of Commerce today arise the account of new application laws scheduled to booty aftereffect in 2018 or above that will accept an appulse on businesses in California.
Employers charge be acquainted of cogent changes in key areas, such as a babyish business affectionate leave law and new hiring restrictions. Added new laws accomplish babyish changes to altered genitalia of absolute law or may affect alone administration in specific industries.
Unless specified, all new legislation goes into aftereffect on January 1, 2018.
The summaries beneath arise in a CalChamber white paper, accessible to download here.
Parental Leave for Babyish Employers
An important new law requires that babyish administration accommodate new parents with up to 12 workweeks of contributed leave.
SB 63, the New Parent Leave Act, requires babyish businesses with 20 or added advisers to accommodate acceptable advisers up to 12 weeks of unpaid, job-protected leave to band with a new adolescent — leave that charge be taken aural one year of the child’s birth, acceptance or advance affliction placement. SB 63 requires administration to accommodate affectionate leave alone for babyish bonding; it does not crave administration to accommodate leave for added reasons, such as a ancestors member’s medical issue.
The New Parent Leave Act will accept the greatest appulse on administration with 20 to 49 advisers who are not currently appropriate to accommodate babyish bonding leave beneath the federal Ancestors and Medical Leave Act or the accompaniment California Ancestors Rights Act.
Hiring Practices and Enforcement
Employers will see cogent changes to their hiring practices in 2018, including appellant alternative processes and acquiescence with Form I-9 and clearing laws.
AB 1008 prohibits administration with bristles or added advisers from allurement about bent history advice on job applications and from inquiring about or because bent history at any time afore a codicillary action of application has been made. There are bound exemptions for assertive positions, such as those area a bent accomplishments analysis is appropriate by federal, accompaniment or bounded law.
No Added Bacon History Questions
AB 168 bans administration from allurement about a job applicant’s above-mentioned salary, advantage or allowances (either anon or through an agent, such as a third-party recruiter).
In addition, administration cannot await on bacon history advice as a agency in chargeless whether to appoint the appellant or how abundant to pay the applicant. However, an employer may accede bacon advice that is appear voluntarily by the appellant afterwards any prompting.
Worksite Clearing Administration and Protections
The Immigrant Artisan Aegis Act (AB 450) provides workers with aegis from immigration administration while on the job and imposes capricious fines from $2,000 to $10,000 for actionable its provisions.
This bill additionally makes it actionable for administration to reverify the application accommodation of accepted advisers in a time or address not accustomed by federal application accommodation analysis laws.
AB 1221 requires that businesses accountant to serve booze accomplish abiding anniversary booze server receives binding training on booze albatross and obtains an booze server certification. These requirements go into aftereffect in 2021, afterwards the advance is developed by the Department of Alcoholic Beverage Control.
Discrimination, Aggravation and Backfire Protections
Several new laws aggrandize agent protections for 2018. Many of these laws focus on gender adequation and gender identity/gender announcement protections.
Harassment Blockage Training: Gender Identity/Gender Expression, Animal Orientation
California administration with 50 or added advisers charge accommodate admiral with two hours of ual harassment blockage training every two years.
Under SB 396, covered administration will accept to accomplish abiding that any binding training advance they use also discusses aggravation based on gender identity, gender announcement and animal orientation.
Harassment Blockage Training: Acreage Activity Contractors
SB 295 affects the animal aggravation blockage training that charge be provided to accept a acreage activity contractor’s license. The bill now requires that training be conducted or interpreted into a accent accepted by the employee, and that the Activity Commissioner accept a account of aggravation blockage training abstracts acclimated and the cardinal of individuals trained.
Gender Identification: Female, Macho or Nonbinary
SB 179 will acquiesce California association to accept from three appropriately accustomed gender options — female, macho or nonbinary — on state-issued identification cards, bearing certificates and driver licenses. For changes to bearing certificates, the law is able on September 1, 2018. For changes to disciplinarian licenses, the law is able on January 1, 2019.
Employment Discrimination: Gender Neutral Language
AB 1556 revises California’s Fair Application and Housing Act by deleting gender-specific personal pronouns in California’s anti-discrimination, anti-harassment, abundance affliction and family/medical leave laws by alteration “he” or “she,” for example, to “the person” or “the employee.”
Fair Pay Act Expansion
AB 46 extends California’s Fair Pay Act — which prohibits allowance bigotry on the abject of gender, chase and ethnicity — to awning accessible employers; absolute law alone covers clandestine employers.
Data Collection: Animal Orientation
AB 677 requires that, alpha no afterwards than July 1, 2019, assorted accompaniment activity agencies aggregate voluntary, self-identified advice pertaining to animal acclimatization and gender character in the regular course of accession added types of demographic data.
LGBT Rights for Long-Term Affliction Ability Residents
SB 219 enacts the Lesbian, Gay, Biual, and Transgender (LGBT) Long-Term Affliction Ability Residents’ Bill of Rights, deepening anti-discrimination protections for LGBT individuals active in abiding affliction facilities. Among added things, SB 219 makes it actionable to foolishly and again abort to use a resident’s adopted name or pronoun or to abjure acceptance to a abiding affliction ability because of gender character or animal orientation. Accessories are appropriate to column a apprehension about the protections and chase recordkeeping requirements.
AB 260 extends the account of businesses that charge column a animal trafficking advice apprehension to accommodate hotels, motels and bed and breakfast inns.
Meanwhile, SB 225 requires the animal trafficking apprehension to accommodate a new cardinal for those who ambition to accelerate argument messages. Businesses are not appropriate to column the adapted apprehension until on or after January 1, 2019.
Anti-Discrimination Protections for Veterans
AB 1710 expands the accepted protections for associates of the armed casework by prohibiting bigotry in all “terms, conditions, or privileges” of employment. This legislation conforms accompaniment law to the federal Uniformed Casework Application and Reemployment Rights Act (USERRA) by protecting servicemembers in noncombatant jobs from adverse assignment environments.
Health Facilities: Bigmouth Protections
AB 1102 increases the best accomplished for a abuse of bigmouth protections in healthcare accessories from $20,000 to $75,000.
Wage and Hour
A few new California laws affect employers’ wage-and-hour obligations in 2018, some of which are related to enforcement.
Keep in apperception that on January 1, 2018, the accompaniment minimum allowance increases to $10.50 per hour for administration with 25 or beneath advisers and to $11 per hour for administration with 26 or added employees.
Labor Law Enforcement, Retaliation
SB 306 allows the Activity Commissioner to investigate an employer — alike afterwards a complaint from an agent — back the Activity Commissioner suspects backfire or bigotry adjoin a artisan during a allowance affirmation or added investigation. The Activity Commissioner additionally can access a cloister adjustment prohibiting an employer from battlefront or adorning an employee, alike afore commutual its analysis or chargeless backfire has occurred. SB 306 additionally creates a new commendation action for declared violations and penalties.
Increased Liability for Architecture Contractors
For assertive clandestine architecture affairs entered into afterwards January 1, 2018, AB 1701 imposes liability onto the accepted architect for any contributed wages, allowances or contributions that a subcontractor owes to a laborer who performed assignment beneath the contract.
Barbering and Cosmetology
Two new laws affect barbering and cosmetology administration and licensees.
SB 490 allows workers accountant beneath the Barbering and Cosmetology Act to be paid a commission in accession to a abject alternate amount if assertive altitude are met.
AB 326 requires Board of Barbering and Cosmetology schools to accommodate advice on concrete and animal advance acquaintance in the appropriate bloom and assurance advance for licensees beginning July 1, 2019.
Workplace Assurance and Workers’ Compensation
SB 258 relates to the assurance of appointed charwoman products, including accepted cleaning, air care, automotive, or brightness or attic aliment articles acclimated primarily for janitorial, automated or domestic cleaning purposes.
As for workers’ compensation, several bills were active into law for 2018.
AB 44 requires administration to accommodate a assistant case administrator to apostle for advisers afflicted during the advance of application by an act of calm terrorism, but alone back the governor has declared a accompaniment of emergency. The Division of Workers’ Advantage will accept regulations on the ambit of the employer’s obligations and the capacity of a appropriate notice.
SB 189, which is able on July 1, 2018, clarifies back owners, admiral of businesses, associates of boards of directors, accepted ally in a affiliation and managing associates of LLCs may be afar from workers’ advantage laws.
AB 1422 extends the automated break on liens filed by medical providers who are answerable with bent fraud.
SB 489 extends the announcement borderline for providers of emergency analysis casework from 30 canicule to 180 days.
Full Account of New Application Laws
The abounding account of 2018 new application laws is accessible in a chargeless CalChamber white paper, available here.
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