AB 1008 Archives - UELG https://www.california-labor-law-attorney.com/tag/ab-1008/ California Labor Law Attorney Tue, 25 Feb 2020 09:53:47 +0000 en-US hourly 1 https://www.california-labor-law-attorney.com/wp-content/uploads/2019/05/img-logo-150x113.jpg AB 1008 Archives - UELG https://www.california-labor-law-attorney.com/tag/ab-1008/ 32 32 California’s New Leave and Benefits Laws https://www.california-labor-law-attorney.com/californias-new-leave-and-benefits-laws/ Mon, 15 Oct 2018 07:28:29 +0000 https://www.californialaborlaw.info/?p=1134 Would you like to familiarize yourself with employment information pertaining to leave and other benefits? In 2017, Governor Jerry Brown […]

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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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New Hiring Practice Laws in California https://www.california-labor-law-attorney.com/new-hiring-practice-laws-california/ Mon, 25 Jun 2018 11:13:00 +0000 https://www.paymeovertime.com/?p=1092 California law bans managers from choosing the states of employment in light of captures or confinements that did not bring […]

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California law bans managers from choosing the states of employment in light of captures or confinements that did not bring about a conviction and investment to a pre-program diversionary. AB 1008 cancelations these arrangements for more grounded hostile to separation measures.

After producing results, it is against the law work rehearse for bosses with at least five representatives to:

1) incorporate on a job application any inquiry looking for the divulgence of a candidate’s conviction history

2) ask for the history of conviction until the point when a contingent offer is granted to the candidate

3) “consider, disperse, or scatter data identified as indicated earlier captures, redirections, and feelings.”

More On AB 1008

AB 1008 additionally extends the procedure for the disavowal of a job based “exclusively or to some degree” on the candidate’s conviction history. Bosses who expect to deny a candidate on these grounds should make a ”personal appraisal” of whether the candidate’s conviction history has an “immediate and unfriendly” relationship to the obligations of the activity.

On the off chance that the business confirms that there is an immediate and antagonistic relationship to the responsibilities of the event, the company must inform the candidate in composing of that choice. The candidate at that point has five working days to react before the notice the business settles on an official decision, and if the candidate debates the exactness of history conviction, they have an extra 5 days of work to get supporting proof and support a claim.

The California Labor Commissioner

In California current law, Commissioner of work is enabled to examine and report dissensions of countering or segregation that emerge from the Commissioner’s different examinations concerning a particular boss. The previous law, which is overhauled by SB 306, conceded Commissioner of work this energy to explore striking back or segregation just if a representative or other individual made a grievance. Going ahead, the Labor Commissioner won’t require an objection to research countering or separation identifying with a current examination.

On suspicion that a business has countered or oppressed representatives gave a progressing DLSE examination concerning the company, the Commissioner may start an investigation without any grievance. After finding “sensible reason” to trust that an infringement has happened, the Commissioner may appeal to the individual unrivaled court for injunctive help.

New California law restricts victimization benefit individuals given their enrollment or administration concerning work, status. AB 1710 grows this insurance, making it unlawful to victimize benefit individuals as for the rules, Benefits of work notwithstanding current assurances.


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