On November 8, 2016, San Jose residents passed Measure E, known as the “Opportunity to Work” Ordinance. The Ordinance, which becomes effective on March 13, 2017, requires employers with 36 or more employees to offer additional work hours to existing part-time employees before hiring new employees (whether part-time, temporary, and/or through a staffing agency) or contractors, even when the hiring need is occasioned by the departure of an existing employee. One of the expressed intentions of the Ordinance is to prevent employers from hiring part-time workers in an effort to avoid providing health care and other employment-related benefits. However, the practical effects of this Ordinance will be to reduce employment opportunities for companies and industries that may be seasonal, and reduce flexibility of employers to meet customer demands.
Articles about California Labor And Employment Law.
City of Los Angeles Passes Ban-the-Box Law
Executive Summary: The City of Los Angeles recently enacted its own Ban-the-Box law, designed to prevent employers with at least 10 employees from inquiring into or requiring an applicant to disclose their criminal history until a conditional offer of employment has been made. The law is expected to go into effect on January 22, 2017.
What Can We Expect From California’s Upcoming 2017-2018 Legislative Session?
With the dust still settling from last month’s unprecedented presidential election, California’s politicians have not stood still. In partisan terms, the election results in California could not be more different from that of the rest of the United States. Hillary Clinton received the votes of 62% of California’s voters; President-elect Donald Trump received 32%, with a 4.3 million-vote margin for Clinton in the Golden State. The most recently reported national percentages were 48% for Clinton, 46% for Trump, with a 2.6 million vote margin for Clinton.
Los Angeles Enacts ‘Ban the Box’ Legislation
Los Angeles is the latest in a growing list of jurisdictions to adopt an ordinance restricting employers from asking a job applicant about his or her criminal history during the application process. Under the Ordinance, private employers with at least 10 employees will be barred from inquiring about a job applicant’s criminal history until a conditional offer of employment has been made.
Cal/OSHA Amendment Significantly Expands its Definition of “Repeat” Violations
Effective January 1, 2017, Cal/OSHA will be utilizing a broader definition of “Repeat” violation under California’s Health and Safety Code. This is significant for California employers because if Cal/OSHA finds a Repeat violation, the employer could initially be subject to a penalty of up to $70,000, and up to $124,709 or more when Cal/OSHA updates its penalties as required by federal OSHA.
Cal/OSHA Adopts First in the Nation Standard on Workplace Violence Prevention for Healthcare Employers
National research indicates that health care workers are at a substantially higher risk of workplace violence than the average worker in another industry.
California Employers Issuing W-2 or 1099 Must Revise Earned Income Tax Credit Notice
For several years, California employers have been required to notify employees regarding the federal Earned Income Tax Credit. Beginning January 1, 2017, new California law (AB 1847) requires those same employers to also notify employees that they may be eligible for the California Earned Income Tax Credit (“EITC”).
City of Los Angeles Mayor to Sign Long-Awaited and Onerous “Ban the Box” Law
In the next week, Los Angeles Mayor Eric Garcetti is expected to sign the Fair Chance Initiative for Hiring (Initiative), which will prohibit most private sector employers from inquiring into a job applicant’s criminal history until after making a conditional offer of employment. Los Angeles’ new “ban-the-box” law follows on the heels of similar legislation enacted in New York City and Austin, Texas, and continues the nationwide ban-the-box trend.1 The Initiative will go into effect in less than one month, on January 1, 2017.
An Early Holiday Boost to Low-Wage Silicon Valley Workers?: San José Passes “Opportunity to Work” Ordinance and Accelerates The City’s Minimum Wage Increase
The New Year will bring significant changes to the local employment laws affecting Silicon Valley-area employers, with measures aimed at reducing the expansion of the part-time workforce and increasing the minimum wage.
California Supreme Court Denies Review of Castro-Ramirez Decision — California Employers Must Consider Leave Accommodation for Employees Caring for Disabled Family Members
We previously reported that the California Court of Appeal for the Second Appellate District held that an employer’s denial of accommodation to a nondisabled employee may serve as evidence of association discrimination under the California Fair Employment and Housing Act. Castro Ramirez v. Dependable Highway Express, Inc. (2016) 2 Cal. App. 5th 1028. In Castro Ramirez, the employee alleged that he was terminated from employment after he made complaints about changes to his work schedule which impacted his ability to be at home during his disabled son’s dialysis treatments. On the surface, this seemed like a claim for reasonable accommodation (i.e., a modified work schedule) by a non-disabled employee and we all know that only disabled folks are entitled to receive reasonable accommodations. Easy decision, right? Wrong.
As Charter School Union Organizing Increases, Employers Must be Vigilant in Opposing Organizing Efforts
In recent years, there has been an uptick in union organizing focusing on California charter schools. Traditionally, education related labor groups focused on organizing large public school districts, but with over 1,200 charter schools in California, groups like the California Teachers Association have shifted gears to try to bring unions into charter schools. Such organizing efforts often occur surreptitiously, and relatively quickly; if charter schools are not vigilant in their approach to labor groups, they can quickly be entangled in lengthy union negotiations which can divert attention from curriculum development and student growth.
CA Revives Former DJ’s Disability and Leave Claims Against Univision Radio
What is a disability? And when are employers on notice to provide employees leave? These were some of the questions raised in the California Court of Appeals (Second Appellate District) November 15, 2016 decision, Soria v. Univision Radio Los Angeles, Inc.
Soto v. Motel 6 Operating, L.P.: Employees’ Wage Statements Need Not Include Accrued Vacation Time Prior to Termination
All California employers should know by now that if they have a paid vacation policy, the vacation benefits constitute a form of “wages” under California law. (See Murphy v. Kenneth Cole Productions, Inc. (2007) 40 Cal.4th 1094, 1103; Suastez v. Plastic Dress-Up Co. (1982) 31 Cal.3d 774, 784.) California employers are also likely readily familiar with the requirements of Labor Code section 226(a), which require employees’ wage statements to contain certain information, including gross wages earned.
Does Legalized Marijuana Impact Workplace Policies?
With recreational marijuana now legal in California, many employers are wondering how this impacts their drug free workplace policies and their response to an applicant/employee drug test that is positive for marijuana. Contrary to what many employees likely will believe, the new law does not restrict employers’ rights to continue enforcing policies that prohibit marijuana use. The new law expressly states that that it should not be construed or interpreted to:
California Supreme Court Asked to Consider Associational Disability Discrimination Case
On October 7, 2016, Dependable Highway Express filed a petition asking the California Supreme Court to review a decision to allow a non-disabled employee to pursue his claim of association based disability discrimination. The employee alleged that he was terminated from employment after he made complaints about changes to his work schedule which impacted his ability to be at home during his disabled son’s treatments.