Thanks to our partner, HR AnswerLink, we’ve compiled a list of employment laws going into effect starting in January. If you have employees within the Golden State, be sure to scan the checklist and make sure you’re prepared in 2016.
Minimum Wage Increase (SB-3)
California’s minimum wage will increase from $9.00 to $10.00. Keep in mind that this will also affect minimum salary requirements for exempt employees because their salaries are required to be double the minimum hourly wage in order to satisfy exemption from overtime laws.
Review the pay rates of both non-exempt and exempt California employees to ensure compliance. HR Support Center has details of the specific minimum wage requirements for each California cities.
California Fair Pay Act (SB 358)
Signed into law at the Rosie the Riveter Park in Richmond, SB 358 aims to tighten up definitions regarding Fair Pay. The new legislation bars employers from paying any employee at wage rates less than employees of the opposite gender for substantially similar work under similar work conditions (location is not a factor).
This is the case unless the employer can demonstrate the wage differential is based upon specific factors such as: a seniority system, a merit system, a system that measures earnings by quantity or quality of production, or a bona fide factor other than sex, such as education, training, or experience.
Additionally, the Act prohibits discouraging pay secrecy through retaliation or discrimination if an employee wants to inquire or discuss their wages, or a co-workers wages. However, there is no obligation by the employer to disclose wages.
Accommodations Protection (AB 987)
Employers cannot retaliate (or otherwise discriminate) against an employee who is requesting reasonable accommodations, such as for a disability or a religious belief, regardless of whether the request is granted.
Retaliation Protection for Employee Family Members (AB 1509)
Whistleblower/anti-retaliation protection is extended to employees/applicants who have a family member who has engaged in protected conduct. Employers cannot discriminate, retaliate, or take any adverse action against an employee/applicant because of their family ties.
Piece-Rate Wage Rules Modification (AB 1513)
Employers will need to provide an itemized statement to employees compensated on a piece-rate basis which separately states the total hours of compensable rest and recovery periods, the rate of compensation, and the gross wages paid for those periods during the pay period, as well as the total hours of nonproductive time, as specified, the rate of compensation, and the gross wages paid for that time during the period.
“The bill, until January 1, 2021, would provide that an employer shall have an affirmative defense to any claim or cause of action for recovery of wages, damage [etc.]…based solely on the employer’s failure to timely pay the employee the compensation due for rest and recovery periods and other nonproductive time.”
Kin Care Modifications (SB 579)
Brings the definitions in the Kin Care statue in line with the newly enacted paid sick leave law.
The Kin Care’s allowance for using sick leave to care for family members is expanded to cover all uses under paid sick leave law.
E-Verify Limitation (AB 622)
Prohibits employers (and others) from using E-Verify to check the employment authorization status of an employee, or an applicant who has not received an offer for employment. $10,000 is imposed per violation. There are possible exceptions if required by federal law or as a condition of receiving federal funds.
State Enforcement of Employee Claims (AB 970)
Authorizes the Labor Commissioner to investigate and to enforce local overtime or minimum laws. The Labor Commissioner may issue citations and penalties for any violations.
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