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New Employment Laws for 2018

A.B. 168: Salary History Inquiries. Employers will no longer be able to ask a job applicant about his or her current or prior salaries (earnings). Additionally, employers will have to provide the pay scale for a position if an applicant requests that information.

A.B. 450: Immigration Enforcement. Employers will have to demand warrants and subpoenas form Immigration and Customs Enforcement (ICE) agents before any enforcement activities and will have to provide certain notices to employees and their union representative (if applicable).

A.B. 1008: Ban the Box. Employers with at least five employees will not be allowed to consider the criminal history of a job applicant until a conditional employment offer is made, If the employer decides to deny employment based on an applicant’s criminal history, the employer must follow certain steps before making a final decision.

S.B. 63: New Parent Leave. Small employers with 20-49 employees will have to provide 12 weeks of job-protected baby bonding leave within the first year following a child’s birth, adoption or foster care placement. Previously, employers with 50 employees were required under the CFRA were required to provide this leave.

S.B. 396: Gender Identity and Sexual Orientation Harassment Training. Employers with 50 or more employees are already required to provide at least two hours of sexual harassment training every two years. This training will soon need to include training on gender identity, gender expression and sexual orientation harassment. Employers will also need to post a transgender rights notice in the workplace.

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