The 7 new 2020 laws in California

By Jessica Suotmaa 0

If you’re a business owner with employees, it is time to familiarize yourself with these seven new employment-related laws that went into affect on January 1, 2020. Ensure you follow best hiring practices and follow these laws for existing employees.

1. New minimum wage

California has a new minimum wage. If your business employees 25 or less people, the new minimum wage is $12/hour. Otherwise the new minimum wage is $13/hr.

2. Independent contractors

We wrote about the AB-5 law previously, but it is still worth revisiting if you’re hiring freelance workers and treating them like independent contractors. The new law dictates that if a business controls and directs the work of the worker, and the work is an integral part of the business (think, a gig economy driver working for a ride service company), then they cannot be characterized as an independent contractor. Instead, the business has to treat them as an employee.

3. Sexual Harassment Training

If your business has more than five employees, you are required to provide sexual harassment training to all employees every two years.  SB 1343 also requires employers to provide new employees sexual harassment training within six months of being hired.

4. Lactation Accommodation

California already requires businesses to provide nursing mothers time to nurse or pump, but with the passing of SB142, businesses must ensure nursing mothers have a proper place to do so. A restroom or break room is insufficient. The location must be close to the employee’s work station, must have electrical outlets, and must be private.

5. Arbitration Agreements

An arbitration agreement is a contract whereby an employee and employer agree that certain, if not all, disputes will be settled via arbitration outside the court (rather than in court with a lawsuit). Companies can no longer force employees into mandatory arbitration agreements with the passing of AB51. This law does not apply to arbitration agreements entered into prior to January 1, 2020.

6. Paid Family Leave

With SB 83, the benefits under paid family leave increase from six weeks to eight weeks. New parents will have more time to stay home with their children starting July 1, 2020.

7. Hair Discrimination

California has banned discrimination based on natural hair style or texture with the passing of SB 188, also known as the Crown Law. Employers and schools cannot discriminate against potential incumbents based on their natural hair, or require a certain hairstyle instead of their natural hair.

 

Do you have questions or concerns as a business-owner and employer? Call an experienced business and employment attorney today! 

Ways Your Business Might Be Violating the ADA and What to Do About It

By Lisa 0

The Americans with Disabilities Act (ADA) protects individuals with disabilities from discrimination. Nearly all public and private businesses serving the general public must comply. Even if you’re conscious about ADA compliance, there are several ways you may be violating the ADA without realizing it. 

Being Accessible

If your business serves the public, it must conform to minimum accessibility standards according to Title III of the ADA.

  • Can individuals with disabilities get into your building? The lack of a ramp, no curb cuts, or a too-high lip at the entrance can impede an individual’s access.
  • Parking spots need to be clearly marked, and there should be room for a van with a ramp.
  • A common violation that may not be immediately obvious is the lack of aisle space. If you sell merchandise, aisles should be wide enough to be wheelchair accessible.

It’s not only new buildings that need to be compliant with the ADA. Existing facilities must remove accessibility barriers. Your building may not have to remove barriers, however, if making the modifications would be too difficult or too costly. 

Providing Reasonable Accommodations

A reasonable accommodation entails modifying the work environment so that an employee can perform the essential functions of his or her job. For example, if the employee were to have a communication disability such as being deaf or hard of hearing, it would be the business’s responsibility to provide accommodations such as sign language interpreters.

However, if the accommodation would cause an undue hardship on the business, you as an employer would not be required to provide that accommodation. An undue hardship involves accommodations that would be too costly to the organization, drain its resources, lower job efficacy, or infringe on the rights of others.

Watching for Discrimination

Title I of the ADA focuses on protecting employees with disabilities from discrimination. Businesses with 15 or more employees must comply. This means you cannot let disabilities come into play when making hiring or firing decisions. When writing ADA-compliant job descriptions, the language you use should be careful not to discourage an individual with a disability from applying. Although, you don’t have to hire an individual if they cannot perform essential job functions with the help of reasonable accommodations

Remember, as an employer, you are also responsible for providing a non-discriminatory work environment. If you have employees who are harassing an individual with a disability, you need to address it.

Learning to navigate ADA requirements is necessary to protect your business from lawsuits and improve the lives of individuals with disabilities. Keep an eye out for common violations and address them promptly when they come to your attention.

3 Interview Questions to Stop Asking in California

By Jessica Suotmaa 0

If you’re a small business owner who isn’t accustomed to hiring, you’re probably unaware that many of the common interview questions from “back in the day” are now illegal to ask in California. We’ve divided this article into two sections: the three questions you need to stop asking now, and the three questions you should’ve stopped asking yesterday. Read on for how you can protect your business from employment discrimination claims.

Stop Asking These Questions Today!

1. “What are you making now?” Or, “How much were you making at your previous position?”

Remember when job ads would require a “five year salary history” in the cover letter? Those days are gone in California.

Previously, hiring managers might ask how much a job candidate was making, or is currently making, and decide which candidate would be the “cheapest” to hire.  Hiring managers may also offer different compensation packages based on current or prior salary history. As a result, if there was a wage gap between men and women, that wage gap was further increased with each new job offer.

California passed AB168 in 2017, which went into effect January of 2018, prohibiting employers from asking for a “salary history” or inquire how much a candidate is or was making at a previous position.

Note: If a potential hire reasonably requests a “pay scale“, you are required to provide it.  AB2282 clarifies that a pay scale is a salary or hourly wage for the open job position and does not have to include bonuses or other benefits.

2. “Have you ever been convicted of a crime?” or “Check here if you have criminal convictions.”

Gone are the days of asking an applicant about their criminal history at the interview.  California requires employers to discover any criminal history in the background check process. The bill, AB1008 was signed into effect in 2017 following the lead of San Francisco and Los Angeles cities, banning employers with five employees or more from asking about a candidate’s criminal history on job applications.

You don’t begin the background check process until after you have extended an offer of employment. You cannot run a background check before offering the position to the candidate.  If the background check results prevent you from hiring the candidate, you are required to follow these steps:

  1. Inform the candidate of the results and explain why you’re rescinding the offer.
  2. Provide a copy of the background check report (if available).
  3. Allow the candidate five (5) days to respond and defend themselves.
  4. If the candidate responds to the decision, you are to wait five (5) more days to consider his or her defense.

Note: The exception to the rule are employers who run medical facilities and hire employees who have access to drugs.

3. “How’s your credit score?” Or, “Will you consent to sharing your credit report?”

Where previously potential employers could obtain an applicant’s credit information as part of the on-boarding process, California now limits it to certain occupations.  You can no longer slip in credit consent forms into the offer package, nor can you judge a candidate’s hire-ability based on their credit report.

California limits the use of credit history in employment decisions, but does not outlaw it.  The following are exceptions to the rule:

  • Department of Justice employees
  • Managerial position
  • Peace officer or Law enforcement officer
  • Any position wherein a credit check is required by law
  • Position wherein an employee would regularly access credit card information
  • Position where an employee is a signatory for an employer’s bank or credit card account, or authorized to transfer funds
  • Position that involves access to confidential or proprietary information
  • Position that involves access to $10,000 or more of cash.

 

Are you not sure what you can ask now? Do you have questions about your job description? Contact us today!

 

3 Interview Questions You Didn't Know Were Illegal

By Jessica Suotmaa 0

You may prepare legally sound interview questions for your job interview.  Maybe you consulted an HR company, asked a mentor for a copy of their interview questions, or purchased a set. However, did you know that the interview does not just consist of the questions you prepared?

The interview starts as soon as you speak to the candidate. It can start in an email thread where you schedule the interview. It can start over the phone when you called the verify information. And lastly, it can start in the waiting area when you’re just shaking hands. Keeping this in mind, here are the three interview questions you didn’t know were illegal.

1. Where are you from?

While this question may seem like innocent small talk to you, it can lead to uncomfortable answers and a feeling of discrimination. This is especially true if you learn that your candidate is not a U.S. citizen, is an immigrant, or part of a special group.

The California Fair Employment and Housing Act (FEHA) prohibits employers from discriminating candidates based on their national origin, race, ethnicity, or ancestry.

We recommend avoiding this question all together by focusing on the “legal right to work in the U.S.” (also known as “work permit”) rather than the standard greeting.

2. Where do you live?

Another common small talk question often asked by employers to see how far the candidate lives from the workplace.  The question leads to talk about commute, method of transportation, and the cost and time it takes to travel to and forth. However, this is a loaded question that suggests you are discriminating a candidate based on the neighborhood they live in.

Note: You can still ask a candidate if they are willing to relocate.

3. What is your availability?

Employers who require overtime work or weekend engagements may ask this question to weed out candidates with religious observances or family responsibilities.

If you were asking these questions, don’t feel bad. A 2015 survey found that one in five employers were asking candidates illegal questions without knowing they were illegal.  But now that you know, you have no excuse.

Still fuzzy on the details? Give us a call and let’s talk.

The 3 Benefits of Improving Workplace Safety

By Lisa 4

Workplace safety is important for employees and businesses alike. Without it, chaos takes over and employees tend to trust their employers a whole lot less. Here are three benefits of improving the safety of your workplace.

Improved Employee Morale

The definition of morale, according to the Merriam-Webster Dictionary, is the confidence, enthusiasm, and discipline of a person or group at a particular time. This describes exactly what happens when a company improves the safety of its workplace. Feeling safe in a workplace makes employees bond together and form better relationships with each other. Observe this when your company holds demonstrations or drills for fires, tornadoes, or intruders. Practicing for danger is a great way to boost employee morale. This is due to the fact that the employees can treat the drills as real-life scenarios. In the real case of an emergency happening, people are more prone to help each other stay safe and calm. This simple safety activity builds confidence, enthusiasm, and discipline in workplace relationships.

Improved Organization

Staying safe in the workplace is much more than practicing drills. Many safety improvements help the workplace stay more organized, which in turn improves efficiency and employee productivity. Incorporating safety measures such as fire alarms, security systems, and network safety are all wonderful ways to keep employees safe in their place of work. If employees know that they’re safe while at work, they will more likely work harder, thus benefiting the business. No one wants to worry about if he or she will get out in time if there’s a fire or whether his or her car will be broken into while at work. By taking precautionary measures inside and outside the building, you will make your employees feel much safer and happier while at work.

Less Employee Turnaround

In order for an employee to stay in a job for more than a few months, he or she needs to feel safe and secure in the workplace. Forgoing safety precautions is not only bad for your employees, but it is also bad for business. The higher the number of your employees who leave, the more individuals your business will have to hire. The hiring process takes a considerable amount of resources, time, and effort on the part of the business. The gap in manpower may also negatively affect your business. By incorporating employee safety into your company’s goals, you will effectively encourage your employees to stay in their jobs. As a bonus, you’ll even save money in the long run.  

There really are no good reasons to forgo business safety, and there certainly are no good reasons for boycotting the law. Bringing extra safety precautions into a business not only benefits the employees, but the employer as well. Benefits such as improved employee morale, enhanced organization, and less employee turnaround will work to your business’ advantage.

Need help with an employee dispute? Lum Law has the tools and experience to help.