Author: Kim Zastrow

2018 is just a few weeks away!  This is just a brief re-cap of some of the legislation that was signed into law and will go into effect starting January 1. 2018.

Parent Leave for Small Businesses

Good news for those who are anticipating the arrival of a baby! Now, even small businesses with 20 to 49 employees are required to provide 12 weeks of job-protected maternity and paternity leave.  Prior to this, only employers of 50 or more employees were required to provide this protected leave.  This legislation also applies to those who are fostering or adopting a child.  Private, state, and municipal employees are all covered by this legislation and will continue to enjoy health insurance benefits during this time of leave.

Applicant History

Remember the days of the application question…

“Have you ever been convicted of a criminal offence?”

AB 1008, nicknamed the “ban-the-box” law, now prohibits an employer with 5 or more employees from inquiring into the applicant’s criminal history until after a conditional job offer is made. Should criminal history information be relevant to the position being offered, and the employer decides not to employ the candidate, the employer must conduct an individual assessment and notify the candidate of the preliminary decision.  Relevance of the criminal background to the position being offered must be clearly shown. The applicant must then be provided an opportunity to respond to the denial.  Should the hiring company decide to stand by their decision not to hire, a secondary notice must be provided.

Ever wonder how much the applicant made prior to applying for your position?

Perhaps if you knew, you might adjust your offer?  The ambivalence has been removed for both sides of the table.  Now, with AB 168, both private and public sector employers are prohibited from asking about a candidate’s prior salary, compensation, and or benefits.  However, should a candidate voluntarily disclose those details, employers may use that to determine pay for the current position.  Additionally, employers are now required to provide a salary range for the position should the applicant request it.


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