California’s New Business Laws Affect Everything
Legislation passed by the California Assembly and state Senate in 2016 are set to affect various aspects of local businesses starting in 2017, according to a recent Mercury News report. Matters that received attention from lawmakers for the new year range from arbitration of disputes to criminal history questions on job applications to the sign on the bathroom doors. Below is a brief summary of these new laws and how they affect California businesses.
Recent Laws and Causes
Employment Contracts: SB1241 prohibits employers to require employees who primarily work and live in California to enter into agreements that would put claims in a non-California forum or generally litigate claim under the law of another state;
Wage Discrimination Protections: AB1676 and SB1063 are both amendments to California’s Fair Pay Act (“FPA”). The first bill notes an opposite-sex employee’s prior salary is not sufficient, in and of itself, to justify a disparity in compensation for equal work requiring equal skills. The second bill expands the state’s FPA to cover race and ethnicity in addition to gender;
Protections for Domestic Violence Victims: Employers with 25 or more employees are required to notify workers who are victims of domestic violence, sexual assault or stalking of the right to take time off from work for a variety of services under AB2337;
Immigration Documentation: SB1001 makes it unlawful for an employer to request additional or different immigration documents than required by law or to refuse to accept documents that appear to be genuine on its face;
Juvenile Criminal History: California potential employers are not allowed to ask a job applicant about an past involvement in juvenile court including court disposition or adjudication;
Minimum Wage: SB3 mandates the state minimum wage to increase to $10.50 an hour as of January 1st;
All-Gender Bathroom Designation: AB1732 states that single-user bathrooms purposed for public use must be identified as an all-gender facility as of March 1st;
Overtime for Agriculture Workers: Presently agriculture workers are not entitled to overtime until after completing a 10-hour workday. AB1066 introduces a schedule that starts in 2019 and ends in 2022, which reduces the overtime threshold by half and hour each year until it reaches an 8-hour workday. Employers who have 25 or fewer workers are given an additional three years to comply with the law; and
Bond Required in Minimum Wage Disputes: California employers who are appealing an unfavorable wage and hour violation ruling by the Labor Commission must post a bond that includes the assessed amount of unpaid wages. The bond will be forfeited, excluding penalties, will be given to the employee if the employer loses and does not pay the owed amount within 10 days of the conclusion of the case.
California Business Attorney
If you or someone you know owns a California business, it is important to understand the law and your company’s rights and obligations as a result of any changes. Engaging in the services of an experienced California corporate and business lawyer will help you better understand how these new laws affect your enterprise. The skilled attorney at Bassiri Law can guide you through this difficult process and provide the best legal options available to you and your company. Do not delay. Click here or call (888) 530-2001 today to schedule your initial case evaluation.