Employment Law in San Jose, CA

In 2018, the State of California instituted nine new or expanded laws related to employment. Employers should make sure they are aware of these revisions to avoid any violations that could result in fines or lawsuits.

The laws pertain to a variety of workplace issues, including sexual harassment based on gender identity, parental leave, salary history, and criminal background checks. At The Law Office of Phillip J. Griego in San Jose, CA, we want to help you prevent legal trouble by informing you of the latest changes. If you have any questions about these laws or if you need representation, we encourage you to contact our office.

Harassment and discrimination

If you have at least 50 employees, your mandatory two-hour sexual harassment prevention training program must now also include a segment on gender expression, gender identity, and sexual orientation. Businesses with five or more employees are required to display a poster regarding transgender rights.

Immigrants’ rights have increased in the workplace as well. Employers may not permit access to immigration enforcement agents without a judicial warrant. Employee records cannot be reviewed or obtained by an employer without a court order or subpoena. You could be assessed penalties up to $10,000 if you violate these laws.

Inquiring about criminal convictions is forbidden for employers of five or more people. There are a few exceptions to this, as employees in certain jobs have to pass a criminal background check.

Military personnel are better protected under an expanded antidiscrimination law that covers health care, insurance, and seniority status.

To address the growing concern of human trafficking, hotels, motels, and inns must hang posters with information about trafficking and hotline phone numbers where victims can access support and services.

Salary and benefits

Laws related to equal pay and salary history have changed. Now all public employers must obey the Fair Pay Act. Additionally, employers cannot ask job applicants for their previous salaries as a basis for the offered salary.

Parental leave has been extended so that employers with 20 or more employees are required to provide 12 weeks of unpaid, job-protected parental bonding leave to employees who request it. This leave can be taken any time within the first year of the birth, adoption, or fostering of a child.

Construction contractors should consider making their subcontractors submit their employees’ pay stubs because contractors are now held jointly liable with their subcontractors for any unpaid wages and other benefits.

To learn more or for help navigating 2018’s employment law changes, contact The Law Office of Phillip J. Griego in San Jose, CA. We are here to provide the legal information you need.

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