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Total Articles: 10

High Alert for California Employers and Employers Nationwide for the Second Wave of FCRA Class Actions

The flurry of Fair Credit Reporting Act (“FCRA”) class actions against employers started in or about 2012 and was not limited to California.1 Many of those lawsuits resulted in significant payouts for violations of one or more of the FCRA’s no-harm, hyper-technical requirements. The U.S. Supreme Court’s most recent opinion on Article III standing and “concrete injury-in-fact” (Spokeo) has helped employers slow down, but not stop, the FCRA juggernaut.2 Employers across the U.S., and particularly in California, should remain vigilant about their compliance with the FCRA and related state laws.3 The dozens of class action filings in California make the threat even more acute in the Golden State.4

New Law Governs Immigrant Worksite Enforcement Actions in California

On October 5, 2017, California Governor Jerry Brown signed into law Assembly Bill 450 (“AB 450”), imposing new requirements for public and private employers regarding immigration worksite enforcement actions by Immigration and Customs Enforcement (“ICE”).1 Generally, unless otherwise required by federal law, AB 450 prohibits employers from consenting to ICE access to worksites and employee records in certain circumstances; requires employers to provide specified notices to current employees and any authorized representative regarding ICE inspection of employment records; and expressly prohibits employers from re-verifying a current employee’s employment eligibility when not otherwise required by federal law. This new law takes effect on January 1, 2018.

California Governor Signs Ban the Box Law to Go Into Effect in the New Year

On October 14, 2017, the governor of California signed a statewide ban-the-box law that goes into effect on January 1, 2018. For California individuals, the law places statewide limitations on most pre-conditional offer inquiries into an applicant’s criminal history; prohibits the consideration of certain criminal history information, at all times; and creates a robust pre-adverse and adverse action process.

How to Comply With California’s New Requirement to Provide Anti-Harassment Training on Gender Identity, Gender Expression, and Sexual Orientation

On October 15, 2017, Governor Brown signed Senate Bill 396, a new law that requires employers in California with 50 or more employees to provide training on policies that prohibit harassment based on gender identity, gender expression, and sexual orientation. This training is to be provided as a component of the already-required two-hour sexual harassment training provided to supervisory employees once every two years and within six months of an employee’s assumption of a supervisory position.

California Expands Harassment Training Requirements

On October 15, 2017, Governor Brown signed Senate Bill (SB) 396 into law. California employers with 50 or more employees currently must provide two hours of sexual harassment training for supervisors every two years. This legislation expands the subjects that the mandatory supervisor training must include.

Construction One-Minute Read: California Officials Put Additional Pressure on General Contractors to Prevent Wage Theft

General contractors’ top priorities on a construction project are completing the work on time, completing the work within budget, and guarding against future construction defect claims. New and pending laws in California, however, have added one more item to that list: serving as guarantor for the wages and fringe benefits owed not only to their employees but to each of its subcontractor’s employees as well.

California Bans Salary History Questions, Restricts Criminal History Inquiries

California Governor Jerry Brown has signed into law two measures that restrict employers from asking job applicants about salary and criminal history. Both laws are effective January 1, 2018.

New California Laws on the Horizon

Executive Summary: California has passed a number of employment laws this year, including the expansion of baby bonding leave to small employers, prohibiting inquiries into an applicant’s salary history, and restricting the use of applicants’ criminal background information. These new laws, which go into effect January 1, 2018, are expected to have a significant impact on employers operating in California. Below is a brief overview of five of the most notable new laws affecting businesses in California.

With Governor Brown’s Signature, California Employers Face a Gauntlet of New Laws

The October 15, 2017 deadline has come and gone for Governor Jerry Brown to weigh the bills passed by the California legislature this year. Governor Brown has now signed into law a jaw-dropping number of bills that pertain to labor and employment issues, ranging from teacher retirement funding to hazardous materials notification.

https://www.littler.com/publication-press/publication/california-statewide-ban-box-law-signed-governor

On October 14, 2017, Governor Jerry Brown signed Assembly Bill 1008, which will add a section to the California Fair Employment and Housing Act (FEHA) containing new state-wide restrictions on an employer’s ability to make pre-hire and personnel decisions based on an individual’s criminal history, including a significant and far reaching “ban-the-box” component.1 AB 1008 is effective on January 1, 2018.