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Potential Laws on Gov. Brown's Desk

CA Employment Law Update

Although you might not know it, ( and most don't), there are 7+ California employment law bills on the desk of Governor Brown as we speak. If ratified, these laws will impact how you qualifiy/disqualify people in working with your business. More limits, more constraints, more PC'ing, more sensitivity.......more headaches for you, the business owner.

The California "Ban‑the‑Box" law (AB 1008) has been enrolled and presented to Governor Brown for signature. The bill prohibits employers with 5 or more employees from including on any application for employment any question that seeks the disclosure of an applicant’s conviction history or inquiring into or considering the conviction history of an applicant until that applicant has received a conditional offer of employment. ( Then you must go through a whole different process and forms to explain WHY you didn't hire them....see the next paragraph.)

The bill also requires an employer who intends to deny an applicant a position of employment solely or in part because of the applicant’s conviction history to make an individualized assessment of whether the applicant’s conviction history has a direct and adverse relationship with the specific duties of the job, and to consider certain topics when making that assessment. ( i.e. A convicted bank robber applying for a security position which requires wearing a firearm. or...maybe a conviicted forger applying with a bonding company, etc.) Should there be special considerations made or is that discrimination? Is this going overboard?

Additionally, there are a few others bills which have been sent to the governor including prohibition on salary history inquiries, employer reports of gender pay differences, and adding gender identity/expression/sexual orientation to AB1825 training. Governor has until 10/15 to sign.

Others to watch:

  • SB 63—Parental leave bill: Expands the CFRA to cover small business employers with 20‑49 employees.

  • AB 168—Prohibits salary inquiries from an applicant and prohibits consideration of salary history as a factor in offering employment

  • SB 306—New workplace retaliation procedures and injunctive relief – signed by governor on 10/3 and takes effect January 1, 2018

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