Weintraub Tobin will be holding their final session of AB 1825 training for the year on December 14, 2017.  If you are an employer with 50 or more employees, and have supervisors who have not been trained, or are in need of a refresher course, then don’t miss out.

This training will comply with all the requirements of the regulations including Senate Bill 396 signed by Governor Brown on October 15, 2017, which requires training on policies that prohibit harassment based on gender identity, gender expression, and sexual orientation.

Training Date/Time:  December 14, 2017; 10:00 a.m. to 12:00 pm.

Cost:  $95/per person

More details will follow.   Reserve your spot now by emailing Ramona Carrillo, rcarrillo@weintraub.com.

On October 5, 2017, California Governor Jerry Brown signed Assembly Bill 450 into law.  This bill requires a warrant for employers to allow immigration enforcement agents to enter a worksite.

Background

Current law prohibits employers or individuals from engaging in an unfair immigration-related practice.  Existing law provides a substantial number of unfair immigration practices. Continue Reading California Governor Signs Bill Restricting “ICE” Access to Worksites

On October 14, 2017, California Governor Jerry Brown signed AB 1701.  This law imposes liability on general contractors for wage and fringe benefit liabilities of its subcontractors.  This law applies to all contracts entered into on or after January 1, 2018, that require a direct contractor for construction, alteration, or repair of a building.

Background

Existing law allows workers to bring actions for nonpayment of wages and fringe benefits.  The new law specifically expands the liabilities of direct contractors for nonpayment of wages and fringe benefits of its subcontractors.

Summary of New Law

A direct contractor that enters into a contract to construct, alter, or repair a structure on or after January 1, 2018 will assume liability for any debt owed to a wage claimant incurred by a subcontractor.  The direct contractor is only liable for wages or benefits included in the performance of labor under the subject contract.  The direct contractor’s liability does not extend to penalties or liquidated damages.  The law allows direct contractors to pursue claims against subcontractors who generate liability or request contribution from such subcontractors.

The law provides a right of action by a third party who is owed wages or fringe benefits.  Such individuals may bring a civil action against a direct contractor to enforce the above liability.  The law also awards a prevailing plaintiff their reasonable attorney fees and costs.  Direct contractors may request, and subcontractors must provide, payroll records such that they apprise direct contractor of the payment of wages and benefits to its employees.

California Employers Should

  • Consider contacting counsel to determine whether indemnity, contribution, or contract provisions should be included in future construction contracts to address this additional liability.
  • Train supervisors, managers, and human resource personnel about the additional liability and create a procedure to obtain information about a subcontractor’s payment to its employees.

Our Labor & Employment attorneys have extensive experience counseling and defending employers in all areas of employment law and are happy to assist employers in training, handbook revisions, and further compliance with this new law.  Please feel free to contact any of our Labor & Employment attorneys.

On October 12, 2017, California Governor Jerry Brown signed Senate Bill 63 (“the New Parent Leave Act”).  Under the new law, employers may not refuse to allow certain employees to take up to 12 weeks of parental leave to bond with a new child.  When the leave is taken, the employer must guarantee the same or comparable position upon the employee’s return. 

Background

Existing law prohibits an employer from refusing to allow a female employee disabled by pregnancy, childbirth, or a related medication condition from taking leave for a reasonable time (up to 4 months) before returning to work.  Current law also prohibits employers from refusing to maintain heath care coverage for an employee who takes that leave.

Summary of New Law

The “New Parent Leave Act” prohibits an employer from refusing to grant employees up to 12 weeks of parental leave to bond with a new child.  Employees are eligible if they have worked for their employer more than 12 months and have at least 1,250 hours of service in that 12 month period.  Further, the law only applies to employers that have at least 20 employees within 75 miles.  The employer is required to maintain health coverage under a group health plan during the employee’s leave.  The law specifically applies to employees who are not already covered by the federal Family and Medical Leave Act (FMLA).  Lastly, employers are required to guarantee employment for that employee in the same or comparable position at the end of their leave.

California Employers Should

  • Determine whether they are covered by the new law and which employees are eligible for this leave
  • Train all managers, supervisors, and human resources to ensure they are aware of the new provisions for parental leave

Our Labor & Employment attorneys have extensive experience counseling and defending employers in all areas of employment law and are happy to assist employers in training, handbook revisions, and further compliance with this new law.  Please feel free to contact any of our Labor & Employment attorneys.

On October 14, 2017, Governor Brown signed Assembly Bill 1008 (the “Fair Chance Act”).  The new law puts in place some protections for those individuals with criminal backgrounds seeking employment.  The new law will be contained in Section 12952 of the California Government Code.

Background.

Existing law prohibits an employer, whether a public agency or private individual or corporation, from asking an applicant for employment to disclose, or from utilizing as a factor in determining any condition of employment, information concerning an arrest or detention that did not result in a conviction, or information concerning a referral or participation in, any pretrial or post-trial diversion program, except in limited circumstances.

Existing law also prohibits a state or local agency from asking an applicant for employment to disclose information regarding a criminal conviction, except as specified, until the agency has determined the applicant meets the minimum employment qualifications for the position.

Summary of New Law.

The Fair Chance Act repeals the prohibition on a state or local agency from asking an applicant for employment to disclose information regarding a criminal conviction, as described above. Instead, the law now provides that it is an unlawful employment practice under California’s Government Code (in the “Fair Employment and Housing Act”) for an employer with 5 or more employees to do the following:

  • Include on any application for employment any question that seeks the disclosure of an applicant’s conviction history.
  • Inquire into or consider the conviction history of an applicant until that applicant has received a conditional offer of employment.
  • Consider, distribute, or disseminate any of the below information while conducting a conviction history background check in connection with an employment application:
    • Certain arrests not followed by a conviction;
    • Referrals to or participation in a pretrial or post trial diversion program; and
    • Convictions that have been sealed, dismissed, expunged, or statutorily eradicated.

Further, the new law requires that an employer who intends to deny an applicant a position of employment solely or in part because of the applicant’s conviction history to do the following:

  • Make an individualized assessment of whether the conviction history has a direct and adverse relationship with the specific duties of the job—considering the nature and gravity of the offense, the time passed since the offense and completion of the sentence, and the nature of the job held or sought.
  • Notify the applicant in writing of a preliminary decision to deny employment based on that individualized assessment, including disqualifying convictions forming the basis for rescission of the employment offer, a copy of the applicant’s conviction history report, and explanation of the applicant’s right to respond to the preliminary decision before it is final.
  • Allow the applicant five business days to respond to the notice. If within five business days of the notice, the applicant notifies the employer in writing that the applicant disputes the accuracy of the conviction history report that was the basis for the preliminary decision to rescind the offer and that the applicant is taking specific steps to obtain evidence supporting that assertion, then the applicant shall have an additional five business days to respond to the notice.

Ultimately, if an employer makes a final decision to deny an application solely or in part because of the applicant’s conviction history, the employer must notify the applicant in writing of all the following:

  • The final denial or disqualification. The employer may, but is not required to, justify or explain the employer’s reasoning for making the final denial or disqualification.
  • Any existing procedure the employer has for the applicant to challenge the decision or request reconsideration.
  • The right to file a complaint with the California Department of Fair Employment and Housing (DFEH).

The Fair Chance Act does not apply in any of the following circumstances:

  • To a position for which a state or local agency is otherwise required by law to conduct a conviction history background check.
  • To a position with a criminal justice agency, as defined in Section 13101 of the Penal Code.
  • To a position as a Farm Labor Contractor, as described in Section 1685 of the Labor Code.
  • To a position where an employer or agent thereof is required by any state, federal, or local law to conduct criminal background checks for employment purposes or to restrict employment based on criminal history.

California Employers Should do the Following:

  • Review and update all employment application and hiring materials to ensure there are no questions requiring an applicant to disclose criminal conviction history.
  • Train all managers, supervisors, human resources, and other individuals involved in the recruitment and hiring process to ensure they are aware of the requirements under the new law.
  • Take other reasonable steps (e.g. periodic audits of recruitment and hiring practices) to ensure that they are in compliance with the law.

The Labor & Employment attorneys at Weintraub Tobin have extensive experience counseling and defending employers in all areas of employment law and are happy to assist employers in auditing their recruitment and hiring practices to ensure compliance with California law.  Please feel free to contact partner, Beth West, or any of the other Labor & Employment attorneys.