Important Employment Law Updates for 2018

We know it’s a pain, but the law is ever changing. Read on to discover important employment law updates for this year.  By reading this article and implementing any necessary changes, you’re well on your way to a compliant 2018!

Hiring Employees

Minimum Wage (it’s a-changin’ folks!)

Perhaps the most important update is the minimum wage increase, which affects both hourly and salaried employees and differs at the federal, state, and local levels.  Don’t worry, we’ve dedicated an entire article to this topic.

What NOT to Ask When Interviewing Job Applicants

One big update involves not asking potential hires about salary history. To make things a little easier on you, we thought it relevant and helpful to give a quick guide on what questions you cannot ask a job candidate.  As daunting as hiring employees can be, the list of “no no” questions is rather straightforward (more detail can be found in this article), and are listed below:

  1. “What is your religious affiliation, if any?”
  2. “Are you pregnant?”
  3. “What is your political affiliation, if any?”
  4. “What is your race, color, or ethnicity?”
  5. “How old are you?”
  6. “Are you disabled?”
  7. “Are you married?”
  8. “Do you have children, or plan to?”
  9. “Do you drink alcohol or smoke?”
  10. “What was your previous salary?”

Bearing this in mind, continue to the next section to see some more specific, legal updates regarding hiring employees.

California

Equal Pay and Salary History

California expanded its equal pay law and it is now unlawful for an employer to pay employees engaged in “substantially similar” work different amounts based on the employee’s gender, race, or ethnicity.  Employers cannot suppress wage discussions amongst employees.  Lastly, the law requires employers to maintain records of employee wages and job classifications for at least three years.

Additionally, a new bill prohibits prospective employers from asking about potential employees salary history (as discussed above). This is so that employers can’t use questions about salary history during the hiring process to justify salary discrepancies between men and women upon hiring.

We have dedicated more detail to this topic in this article (scroll to the end).

“Ban the Box”

The state of California is taking cue from cities like Los Angeles and New York City to implement “Ban-the-box.” This is an international campaign by civil rights groups and advocates for ex-offenders, aimed at persuading employers to remove from their hiring applications the check box that asks if applicants have a criminal record.

Effective January 1, 2018 this new regulation, imposes strict requirements on how and when employers can obtain criminal history information. Many cities already have Ban-the-Box ordinances, also referred to as the “Fair Chance Initiative.”  More on this here.

New York

Salary History

Echoing the California statute mentioned above, New York also prohibits employers from asking job candidates about their salary history in an effort to reduce wage discrimination between men and women.  Here is the link to our article again (again, scroll to the end).

“Ban the box”

New York City implemented the ban on inquiries into former criminal history disclosure (a.k.a. “ban the box”) before California, and more on this movement can be found above.  Here is the link again.

Running Your Business

California

Paid Family Leave

Family leave in California is… shall we say…  confusing.  Whether you are an employer or an employee, there are several nuances, rules, and paperwork requirements to keep track of when any sort of family leave is needed.  But fear not because we are here to help!  It is imperative to read our article thoroughly because “family leave” encompass maternity “disability” leave, familial “bonding” time with a new child, and time off to handle a serious medical condition.

Sexual Harassment Training & Transgender Rights

Employers with 50 or more employees must provide sexual harassment training for every employee with “supervisory authority.” This 2-hour training must occur every 2 years and must include information and practical guidance regarding federal and state sexual harassment laws, including harassment prevention and correction, and remedies available to victims.

The bill also requires each employer to post a poster developed by the Department of Fair Employment and Housing regarding transgender rights in a prominent and accessible location in the workplace.

Immigration worksite enforcement

As a sanctuary state, California has implemented new regulations to protect its workforce. This new law is effective January 1, 2018, and requires employers to verify that immigration officials have a judicial warrant or subpoena prior to entering the workplace and for employers to provide notice to employees if there has been a request to review the employer’s immigration documents, such as Form I-9s.

One of the key parts of this new bill is that employers cannot provide voluntary consent to an immigration enforcement agent to “access, review, or obtain the employer’s employee records without a subpoena or judicial warrant.”

New York

Protected Time Off: Family Leave

Starting January 1, 2018, the New York State Paid Family Leave Program will provide New Yorkers job-protected, paid leave of 8 weeks to bond with a new child, care for a loved one with a serious health condition or to help relieve family pressures when someone is called to active military service. More information on this here.

 

 

We know, there’s a lot of law here.  Don’t worry — it really all boils down to implementing a few best practices.  We are always here to help draft and/or update your employee handbook to ensure compliance. We also recommend getting an updated set of required employment notices each year.  Until the next round of legal updates!

Revised by: Stephanie Trejos – 12/10/17

Related Resources:

Disclaimer: Although this article may be considered advertising under applicable law and ethical rules, the information in this article is presented for informational purposes only. Nothing herein should be taken as legal advice and this content does not form an attorney-client relationship. If you would like further information, Wilkinson Mazzeo would love to hear from you, so please feel free to reach out with any questions!

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