California Legislative Update

By May 9th, 2018HR Blog

By Chris Olmsted, Esq., Ogletree Deakins

Business-Meeting-with-Note-Tablets1California lawmakers have proposed a number of labor law bills during the current legislative session. Most significantly, SB 3, the minimum wage increase to $15 per hour by 2022, passed and was signed into law on April 4th. Below is a list of other significant bills.

Thanksgiving Overtime. AB 67 proposes to mandate double time pay to employees at retail and grocery establishments for work performed on Thanksgiving Day.

Arbitration Ban. AB 2879 proposes to prohibit employers from requiring employees to sign arbitration agreements as a condition of employment.

Independent Contractors. AB 1727 proposes to allow independent contractors participating in a “hosting platform” (as with ride sharing companies) to collaborate and set prices for their services as well as other terms and conditions of their contracts.

Mandated Scheduling. AB 878 proposes to mandate retail, grocery, and restaurant employers to provide a 21-day work schedule. Penalties would be owed if the employer changes the schedule with less than 7 days’ notice.

Maternity and Paternity Leave. SB 1166 proposes to require employers with 10 or more employees to offer up to 12 weeks of maternity or paternity leave.

Salary History. AB 1676 would prohibit employers from inquiring about a job applicant’s salary history. The bill also would require employers to disclose a “pay scale” to job applicants.

PAGA Fixes. AB 2461-2465, authored by Shannon Grove, a Republican assembly member from Bakersfield, proposes a number of reforms to the California Private Attorney General Act (PAGA). The proposed laws would, among other revisions, limit the number of PAGA claims one employee may bring to four, limit the civil penalty a court may impose to $1,000 per employee, and provide a 33-day right to cure period.

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