New Legislation Prohibits CA Employers From Considering Job Applicants’ Criminal Histories Until After Making a Conditional Offer of Employment

On January 1, 2018, California will become the newest U.S. state to “Ban the Box” when a new law will prohibit most employers in the state that regularly employ five or more employees from (1) including on any application for employment, before the employer makes a conditional offer of employment to the applicant, any question that seeks the disclosure of an applicant’s conviction history, or (2) inquiring into or considering the

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California Employers Will Soon Be Banned From Asking Job Applicants About Their Prior Salary

In the latest legislative effort to fight gender- and race-related wage disparities, a new law effective January 1, 2018 will prohibit California employers from seeking, whether “orally or in writing,” salary history information, including benefits information, from job applicants. The law expressly prohibits employers from relying on an applicant’s salary history information as a factor in determining whether to extend an employment offer or what salary to offer

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New California Law Affords More Parents the Right to Take a Job-Protected Leave of Absence to Bond with a New Child

Effective January 1, 2018, the “New Parent Leave Act” will require employers with at least 20 employees to allow employees who have performed more than 12 months of service to take up to 12 weeks of unpaid job-protected leave to bond with a new child within one year of the child’s birth, adoption, or foster care placement provided that the employee has at least 1,250 hours

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Why Every Employer Should Have An Employee Handbook – And The Policies That Should Be In There

Whether an employer has one employee or 1,000, having a legally compliant employee handbook is essential.  Particularly in a state like California, where employment-related lawsuits are filed against employers virtually every day, employee handbooks often serve as an employer’s first line of defense against many such claims by demonstrating an employer’s understanding of (and compliance with) the laws they are required to follow. Employee handbooks

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CA Supreme Court Holds Employers Must Provide Non-Exempt Employees at Least One Day of Rest Each Workweek and Clarifies Other Day of Rest Rules

The California Labor Code entitles non-exempt employees to at least one day of rest every seven days. Specifically, Labor Code § 551 provides: “Every person employed in any occupation of labor is entitled to one day’s rest therefrom in seven.”  Similarly, Labor Code § 552 provides: “No employer of labor shall cause his employees to work more than six days in seven.” Labor Code § 556 provides an exception to these

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CA Supreme Court Holds Employers Cannot Require Employees to be “On-Call” During Legally Required 10-Minute Rest Breaks and Affirms $90 Million Judgment Against Security Company

A few weeks ago, the California Supreme Court in Augustus v. ABM Security Services, Inc. affirmed a $90 million judgment in favor of a class of more than 14,000 security guards, finding that their employer failed to provide legally compliant 10-minute rest breaks where the guards were required to remain “on call” during their breaks – they needed to keep their radios and pagers on, remain vigilant,

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