5 California Employment Law Updates Business Owners Must Know

By August 23, 2017California

Employment laws Update throughout the State

As several employment laws took effect across the country, California’s Department of Fair Employment and several city ordinances also updated. It is vital for employers in California or with employees located in the state to be aware of these changes.

Secure Scheduling Laws in Emeryville

Food Service and retail employers in Emeryville must start complying with the city’s secure scheduling laws. Under the strictest scheduling laws enacted anywhere in the U.S.A, employers Despite the negative results from both employees and employers from San Francisco’s Secure Scheduling Ordinance, scheduling laws are becoming very popular as a way to enforce advanced scheduling. In Emeryville, schedules must be posted 14 days in advance and employees are paid extra pay for any changes made within 14 days of their scheduled shift.

Additional hours assigned to employees, cancelled shifts and other changes. The closer to the scheduled shift those changes occur, the more “free” hours of pay the employee gets paid. Additionally, these secure scheduling laws prohibit employers from hiring temporary employees without first offering available shifts to existing employees.

Violation of these laws create massive fines and penalties for businesses. It is vital that employers have a timekeeping and employee scheduling system such as TimeWorks Plus to help them maintain compliance with these expensive laws.

Minimum Wage Increases in Cities across California

Nine cities across California had minimum wage increase. Those cities include Emeryville, who also had secure scheduling laws go into effect. Additionally, Los Angeles City and County, Malibu, Pasadena, San Francisco, San Leandro, and Santa Monica also had their minimum wages increase on July 1.

  • Emeryville
    • Employers with 55 or fewer employees: $14 an hour
    • Employers with over 55 employees: $15.20 an hour
  • Los Angeles City
    • Employers with 25 or fewer employees: $10.50 an hour
    • Employers with over 25 employees: $12 an hour
  • Los Angeles County (Unincorporated)
    • Employers with over 25 employees: $12 an hour
  • Malibu
    • Employers with 25 or fewer employees: $10.50 an hour
    • Employers with over 25 employees: $12 an hour
  • Pasadena
    • Employers with 25 or fewer employees: $10.50 an hour
    • Employers with over 26 employees: $12 an hour
  • San Francisco
    • $14 an hour
  • San Jose
    • $12 an hour
  • San Leandro
    • $12 an hour
  • Santa Monica
    • For employers with 25 or less employees: $10.50 an hour
    • For employees with over 25 employees: $12 an hour

Businesses who have employees in any of these cities or states must make sure that their payroll and timekeeping systems are updated to ensure compliance with these new wages. Employee minimum wage laws are based on where the employee is physically working.

Criminal History Regulations

California employers must be aware that strict prohibitions are in place regarding inquiries about an applicant’s criminal history. Employers are not allowed to use criminal history information in employment decisions if it will have a negative impact on a protected class. In addition, applicants who are screened out due to criminal history information must be informed and have a chance to provide information showing why they should  not have been excluded.

Protected class in California includes:

  • Race
  • Color
  • Ancestry
  • National Origin
  • Religion
  • Sex and Pregnancy Status
  • Disability: both Mental and Physical
  • Citizenship status
  • Age
  • Genetic Information
  • Marital Status
  • Sexual Orientation
  • Gender Identity and Expression
  • AIDS/HIV
  • Medical Conditions
  • Political activities or affiliations
  • Military or Veteran Status
  • Status as a victim of domestic violence, sexual assault and stalking

Victims Leave Rights Notice

All employers with at least 25 employees must provide new employees with a written notice regarding the rights of victims  of domestic violence, sexual assault and stalking to take time off work for medical treatment and legal proceedings. Employers should also be aware that the California Sick Leave Law and Kin Care Law have provisions for employees who are victims of domestic violence, sexual assault and stalking.

Transgender Regulations Update for Employers

Lastly, new regulations took effect on July 1, 2017 regarding employers and their treatment of transgenders. The new regulations prohibit discrimination against transgenders, person’s who are transitioning, who are perceived to be transitioning, or has already transitioned.

It also requires that employers must honor employees preferred gender, name, and pronoun.

Employers are prohibited against inquiring to identify, directly or indirectly, an employee’s sex, gender identity, or gender expression. This includes requiring documentation or proof of an individual’s sex, gender, or gender identity or expression as a requirement of employment.

Employers must also provide equal access to comparable, safe facilities without regard to the sex of the employee. Facilities include not only restrooms, but also other facilities such as locker rooms, showers and other types of facilities.

Let SwipeClock Help

Businesses who have employees anywhere in California have a multitude of local and state employment laws to abide by.

This includes multiple conflicting City ordinances defining Sick leave accrual and usage laws, secure scheduling laws, Family leave and other leave laws.

Additionally, these businesses have to also comply with Federal Overtime Laws, the Family Medical Leave Act and any other national or local laws that are enacted. SwipeClock provides a comprehensive array of workforce management and time tracking tools that can help businesses to more easily stay in compliance with local and national laws.

Records are effortlessly kept for years and accrual is automatically tracked and reported to employees according the state and city laws. Additionally, with geo-timekeeping clocks, businesses can effortlessly track time worked in specific cities to ensure compliance.

About SwipeClock

SwipeClock is a leading provider of cloud-based integrated workforce management solutions that include automated time and attendance, advanced scheduling, and leave management capabilities.

The company’s products, including TimeWorksPlus, TimeSimplicity and Workforce Management Clock enable employers to manage their most important and expensive asset-employees-by transforming labor from a cost of doing business to a competitive advantage.

SwipeClock’s workforce management solutions are sold through over 850 partners that empower more than 26,000 businesses to lower labor costs, comply with regulatory mandates, and maximize their profits. For more information, please visit www.swipeclock.com.