September 2018 California Regulatory Updates

by Camille Bradbury on September 5, 2018

CALIFORNIA UPDATES

This blog post covers timely California legislative employment updates. Check out what you need to know and gain compliance tips to help you stay on top of HR, the right way. Click on the topic below to catch up on the latest news.

Berkeley Increases Minimum Wage, Effective October 1

Effective Date: October 1, 2018

The city of Berkeley will increase its minimum wage from $13.75 to $15.00/hr. later this fall. Youth job training programs will also increase $1.75 taking that wage from $12.00 to $13.25/hr. Post this notice for all employees by October 1.

San Francisco Amends Ban-the-Box, Now Applicable to More Employers

Effective Date: October 1, 2018

Ban-the-box has been sweeping the nation and removes the box that applicants check on employment applications to disclose that they have a criminal background history.

San Francisco amended its Ban-the-Box legislation to be more aligned with California’s state requirements. The ordinance mandates that any San Francisco employers with 5+ employees may not inquire about or require disclosure of convictions based on decriminalized behavior.

Employers can’t look into applicants’ convicted criminal history until after a conditional offer is made. The penalties for noncompliance will be steep — as much as $2,000 per violation.

Considerations:

    • Review your hiring policies to ensure compliance.
    • Train hiring managers to remove any interview questions related to a candidate’s criminal background.
    • Remove any questions on your employment application that requires applicants to disclose decriminalized convictions.
    • Post the new California San Francisco Fair Chance Ordinance Poster by October 1, 2018.

Additional Resource
City and County of San Francisco

Sample Equal Employment Opportunity Policy from DFEH

California Department of Fair Employment and Housing (DFEH) has provided an Equal Employment Opportunity Sample Policy to help employers prevent harassment and discrimination. Although this 80-page document does not provide regulatory advice, or act as a policy that you can insert into your handbooks, it will give you a good sense of what the DFEH is looking for when conducting investigations and audits. If you are updating your discrimination policy, make sure changes comply with Section 11023 of Title 2 of the California Code of Regulations.

Additional Resources
Sample Equal Employment Opportunity (EEO) Policy (PDF)
Sample Equal Employment Opportunity (EEO) Policy (Word)

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Camille BradburySeptember 2018 California Regulatory Updates