November 2017 California HR Regulatory Updates

by Jill Schaefer on November 13, 2017

CALIFORNIA UPDATES

New Protections During Workplace Retaliation Investigations
Under SB 306, an employee alleging retaliation or the California Labor Commissioner will be able to request a temporary restraining order in which the employer cannot terminate the employee while the Labor Commissioner is conducting the investigation.

Antidiscrimination Protections for Veterans
Effective January 1, 2018, AB 1710 will expand protections for military personnel. It prohibits discrimination in all “terms, conditions, or privileges” of employment.

Transgender Rights Poster
Beginning January 1, 2018, California employers with 5+ employees must display a workplace notice from the California Department of Fair Employment and Housing, to communicate transgender rights in the workplace.

AB1701 Poses New Liability for Construction Contractors
After January 1, 2018, construction contractors will be liable for unpaid wages, benefits, or contributions that a subcontractor owes for labor connected to certain contracts under AB 1701. Subcontractors will also need to be prepared to provide required payroll records upon a direct contractor’s request.

Division of Labor Standards Enforcement and Investigation Initiation
Starting January 1, 2018, California’s Division of Labor Standards Enforcement can initiate an investigation of employers suspected of discharging or otherwise discriminating against individuals protected under any law under the department’s jurisdiction. During the process of adjudicating a wage claim, conducting a field inspection, or looking into unlawful immigration-related threats, the department can start investigating an employer. No formal employee claim will be needed.

Cleaning Product Right to Know Act
Under SB 258, the Cleaning Product Right to Know Act, employers that are required to maintain and provide safety data sheets will also need to provide manufacturer information to employees, collective bargaining representatives, and employee physicians. Qualifying products include air care, automotive, cleaning goods, polish, and floor maintenance substances.

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Jill SchaeferNovember 2017 California HR Regulatory Updates