As 2018 is well underway many of you will have informed your managers and adapted your procedures to be in compliance. Congratulations! But for those of you who have not yet got to it, here is a snapshot of the top things you need to do now. You can get more a more comprehensive review of many other legal changes including sick pay, harassment, and rest breaks in last month’s newsletter. NBC also has an expanded summary of the new laws outlined below (see link below).
- NO MORE ASKING PAY HISTORY: You may no longer ask about pay history or make a pay rate determination based on previous salaries alone. TO DO:
- Change your job application forms to exclude pay history.
- Inform hiring managers to instead ask what a person’s pay expectations are.
- If an applicant volunteers this information without prompting, you are allowed to know about it, record it, and use it in your salary considerations, but just not exclusively.
- Candidates have the right to ask for pay scale information for the position they are applying for. Best to get started documenting pay scales for positions especially those that have more than 1 person in a similar role.
- EMPLOYERS BANNED FROM ASKING CRIMINAL HISTORY ON APPLICATIONS: Employers are not to consider a person’s criminal background until the applicant has received an offer. If an employer then takes back the offer, the employer is required to notify the applicant in writing as to why the offer is being rescinded. The applicant is then allowed to challenge, and the employer is required to review that challenge. All of this has specific information requirements, specific wording, and exact timelines. So if you plan to decline candidates due to criminal backgrounds make sure you follow this process correctly.
- WORKSITE IMMIGRATION ENFORCEMENT AND PROTECTIONS: Receptionist vs. ICE - an interesting new job responsibility for front office staff. Employers are not allowed to let an immigration agent enter non-public areas of a workplace unless the agent has a warrant. Public and private employers can face fines up to $10,000 for each violation.
- MINIMUM WAGE: Increases to $10.50 per hour for employers with 25 or fewer workers, $11 per hour for employers with 26 or more employees.
- RECREATIONAL MARIJUANA: The legal use of recreational marijuana went into effect Jan. 1. This does not, however, mean you need to adopt a permissive drug policy. Federally it is still illegal so your zero-tolerance policy is still the best from a legal and safety standpoint, “better safe than stoned”.
Well, that is it until the next round. California likes to keep us on our toes for compliance so it is wise to stay informed and watch for coming changes at least every 6 months. If you are in North Count check out the NCHR-SD bi-annual legal update in July and November.
NCB San Diego - New-California-Laws-You-Need-to-Know-for-2018
Premierehire is a Southern California based staffing and executive search firm. We encourage employers to connect with us to discuss their hiring needs for 2018 to enable us to quickly engage in unexpected hiring needs and prepare strategies and pipelines for planned growth.