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Updated News - New Proposed Legislation and Employment Law Issues in California


Opportunity to Work Act (AB5) - This legislation would offer additional hours to existing employees within organizations before hiring any new employees.

It would require employers with more than 10 employees in California to offer additional hours of work to existing non-exempt employees before hiring additional employees or subcontractors. This bill also imposes the posting of notices and document retention requirements on employers. (AB5) would apply to employers with a minimum of 11 employees.
 

Parental Leave Expansion (SB 63)—Parental Leave for Employers with 20-49 Employees

Currently, under both CFRA and FMLA, employers with 50 or more employees in a 75-mile radius are obligated to offer up to 12 weeks of parental leave for qualified employees to bond with a new child’s birth, adoption or foster care placement. The “New Parental Leave Act,” would extend parental bonding rights to employees of small companies and will apply to employers with only 20 to 49 employees in a 75-mile radius.

 

The Applicant's Salary Information (AB 168)

This  would directly have an impact on the application process in two different ways.  First, it would prohibit employers from inquiring about an applicant’s salary history, including compensation and benefits.  This legislation would prevent California employers from contacting applicant's past employers, and would also prevent employers from asking an applicant about this information directly.  Secondly, AB 168 would require employers to provide the pay scale for the position upon reasonable request by the applicant.

 

Expansion of CFRA Eligibility and Rights (SB 62)

This would expand employee leave rights under the California Family Rights Act (CFRA).  The bill would change the definition of “child” to include independent, adult children, as well as children of a domestic partner.  The bill would extend leave to grandparents, grandchildren, siblings, domestic partners, or parents in-law.  This bill creates leave rights that are different from present rights under the federal Family and Medical Leave Act (FMLA), which creates an issue pertaining to  CFRA and FMLA leaves running concurrently. This means that employees could be entitled to a total of 24 weeks of leave instead of only 12 weeks.