March 2018 California HR Regulatory Updates

by Jill Schaefer on March 14, 2018


Documents Released for California Immigrant Worker Protection Act
California’s Immigrant Worker Protection Act (AB 450) prohibits employers from letting the federal immigration agency access worksites without proper authorization to do so. (See KPA’s February 2018 California HR Regulatory Updates.)

The State of California’s Department of Industrial Relations recently released documents to help employers comply with this law:

California Employers Can Prohibit Recreational Marijuana Use at Work
California is one of 8 states and the District of Columbia that have legalized marijuana for recreational use. California’s Proposition 64, the Adult Use of Marijuana Act, went into effect January 1, 2018. Nonetheless, California employers are still permitted to ban marijuana use in the workplace.

While California employers are generally not allowed to randomly drug test employees, they can drug test in these circumstances:

  • As part of pre-employment screening
  • As part of a physical examination;
  • Under reasonable suspicion
  • During post-accident testing
  • In rare cases, as part of random testing for employees working in a highly regulated industry or a position critical to public safety or the protection of life, property, or national security

You are also still permitted to have:

  • A zero-tolerance drug policy
  • Job descriptions of safety-sensitive positions include a no drug clause
  • No smoking policies, including tobacco and cannabis, in your workplace

California Pay Stub Reminders
Under California compensation laws, employers must provide certain details on employees’ pay stubs. Employers that are not in compliance are already facing stiff fines in 2018, ranging from $50 for the first violation to upwards of $4,000 per employee.

Ensure these 10 items are on your pay statements:

  • Gross wages earned
  • Total hours worked (unless employee is exempt from overtime)
  • Number of piece-rate units earned, if applicable.
  • All deductions
  • Net wages earned
  • Pay period beginning and end dates
  • Employee’s name and only the last four digits of his or her Social Security Number
  • Employer’s legal name and address
  • All applicable hourly rates for the pay period and the number of hours worked at each rate
  • Number of sick days an employee has available

Pointers for California’s Salary History Ban
Under Section 432.3 of California’s Labor Code, employers can’t ask job applicants about their salary histories. This law has been in effect since the beginning of 2018. Because it’s so new, questions have arisen. Refresh yourself and check out KPA’s FAQs: California Salary History Ban blog post.

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Jill SchaeferMarch 2018 California HR Regulatory Updates