California’s New Leave and Benefits Laws
Would you like to familiarize yourself with employment information pertaining to leave and other benefits? In 2017, Governor Jerry Brown signed some employment and labor bills that the California legislature passed into law.
Examples of leave and benefit laws in California
Leave and benefits
SB 63
According to the California Family Rights Act (CFRA), any employer with 50 employees and more will be in infringement of the law should they deny leave to a new parent. The law states that parents with newborns whether adopted, fostered or biological are entitled to 12 weeks of paid leave. However, the CFRA law is only eligible in the following cases;
– The employee must have been with the company for a minimum of one year and must have completed at least 1250 hours of work or more during that duration.
– The employee must be within a work site with over 50 employees within a 75-mile radius.
Hours and wages
SB3 – California’s minimum wages
An employer with over 25 employees must increase the wages from $10.50 to $11 per hour. The new law will see the minimum annual salaries grow from $43,680 to $ 45, 760.
Employers with 25 workers or less, will have to increase the minimum wage from $10 to $10.50 per hour increasing the minimum annual salaries from $ 41,600 to $ 43,680.
AB 1701 – Direct contractors must pay off any outstanding wages owned by subcontractors
Should any tier subcontractors fail to pay wages to claimants, the direct contractors, in this case, are liable for any debts owed. The liability will, however, exclude penalties, interest owed and will extend to:
– Fringe benefits
– Contributions
– Unpaid wages
If a contractor owes any benefits to third parties, a private action will see courts waive expert witness and attorney fees.
Immigration
AB 450
An employer shall not disclose an employee’s immigration status without a warrant unless the federal law directs the operation. The same law also pertains to access to employee records.
Employers in breach of the laws face hefty fines of $2000 to $5000 for first offenders and $ 5000 to $10000 for repeat offenders.
Hiring practices
AB 1008 – Criminal history considerations
It’s illegal for an employer to discontinue employment under inconclusive detentions and arrest that did not yield to convictions. Therefore, employers will be breaking the law by;
– Asking questions regarding any conviction histories during the application process.
– Disclose information regarding prior arrests
– Inquire about past criminal histories until the employer makes a considerable offer.
The new laws regarding leave and other benefits will provide better working conditions for every employee in California.
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