California Employment Law Updates – 2018
July 20 – Gov. Brown signed a changing meal period rules for certain commercial drivers employed by a motor carrier
On July 20, 2018, Gov. Brown signed Assembly Bill 2610. The new law authorizes commercial drivers employed by motor carriers transporting nutrients and byproducts from licensed commercial feed manufacturers to customers located in remote rural locations to commence a meal period after 6 hours of work, if the regular rate of pay of the driver is no less than one and one-half times the state minimum wage and the driver receives overtime compensation in accordance with existing law.
July 18 – Gov. Brown signed a law making changes to an employer’s ability to use applicants’ wage history in hiring decisions
On July 18, 2018, Gov. Brown signed Assembly Bill 2282. The new law defines the terms “pay scale,” “reasonable request,” and “applicant” as used in the law. It also clarifies that an employer may ask applicants’ their salary expectations for the position applied for. Finally, the law authorizes employers to make compensation decisions based on employees’ current salaries if any wage differential is justified by one or more specified factors, including a seniority system or a merit system.
July 16 – Gov. Brown signed a law extending employment discrimination protections to more military members
On July 16, 2018, Gov. Brown signed Senate Bill 1500. The new law extends employment discrimination protections for military members to include members of the federal reserve components of the Armed Forces of the United States and members of the State Military Reserve.
July 9 – Gov. Brown signed a law making technical changes to the paid family leave law
On July 9, 2018, Gov. Brown signed Assembly Bill 2587. Under the state’s paid family leave law, employers are allowed to require employees to take up to two (2) weeks of earned but unused vacation leave before and as a condition of employees receiving paid family leave benefits. Prior to the new law, up to one (1) week of this vacation leave was to be applied to the statutory seven (7) day waiting period that was eliminated by subsequent legislation. This new law changes the statutory language to remove application of the vacation leave rule to the now non-existent waiting period.
April 3 – San Francisco makes changes to its “ban the box” regulation
On April 3, 2018, the San Francisco Board of Supervisors approved amendments to its Fair Chance Ordinance, also know as it ban the box ordinance. Amongst other changes, the ordinance now applies to employers with 5 or more employees instead of 20 or more as before. See the Board of Supervisor’s Legislative Digest for a comparison between the ordinance before the changes and after.
The new law becomes effective on October 1, 2018.