Here are some details about five of the most impactful new employment laws that will affect California employers beginning in 2018:
The Fair Chance Act (AB 1008)
Nearly one-third of all adults in California have a history of criminal convictions that could compromise their chances of securing employment. In order to help these individuals avoid the common problem of being rejected for employment outright, California’s “ban-the-box” initiative has prohibited state and local governments from asking job candidates about their conviction histories on employment applications since 2013. The Fair Chance Act will extend ban-the-box requirements to most private sector employers.
Specifically, AB 1008 will prohibit organizations with five or more employees from:
Salary Privacy (AB 168)
This law will prohibit employers (including state and local governments) from asking about an applicant’s salary history. The goal of AB 168 is to rectify the gender wage gap by preventing employers from relying on an applicant’s past compensation in determining what salary they will offer. However, employers may rely on an applicant’s compensation history if the applicant discloses it voluntarily and without prompting. In addition, the law will require employers to provide applicants with a pay scale for the open position upon request.
The New Parent Leave Act (SB 63)
Currently, the California Family Rights Act (CFRA) requires organizations with 50 or more employees to provide eligible employees with twelve weeks of job-protected leave following the birth or adoption of a child or a foster care placement. SB 63 will extend this right to parental leave to employees of medium-sized organizations with between 20 and 49 employees. The goal of the law is to allow new parents sufficient time to care for and bond with their children—particularly during the early formative weeks of an infant’s life—without fear of losing their jobs.
In order to qualify under the New Parent Leave Act, an employee must:
Expanded Harassment Training and Prevention (SB 396)
Under the California Fair Employment and Housing Act (FEHA), organizations with 50 or more employees must provide sexual harassment training to all supervisors. SB 396 stipulates that this training will need to include examples of harassment based on sexual orientation, gender identity, and gender expression. Organizations must also post DFEH’s poster on transgender rights.
Immigrant Worker Protection Act (AB 450)
AB 450 is California’s response to the federal government’s indications that penalizing undocumented immigrants is now an enforcement priority. Unless required by federal law, AB 450 will prohibit both public and private employers from permitting immigration enforcement agents to:
The WCIRB released a 2018 and 2019 Changes Quick Reference guide, here are some notable changes from their excerpt:
Effective January 1, 2018
Part 1, Section I, Rule 3, Effective Dates, and Part 2, Section II, Rule 2, Continuing Form Policy or Fixed-Term Policy Written in Excess of One Year and Sixteen Days, were amended to state that amendments to the Uniform Statistical Reporting Plan are applicable to a policy as of the policy’s effective date.
Part 2, Section I, General Instructions, and Section III, Additional Electronic Reporting Requirements, were amended for consistency with changes to Title 10, California Codes of Regulations, Chapter 5, Subchapter 2, Policy Forms and Other Documents, Sections 2250 et seq., related to ancillary agreements.
Part 2, Section III, Additional Electronic Reporting Requirements, Rule 1, Policy Record Reporting, and Part 4, Section II, Definitions, and Section IV, Exposure Information, were amended to facilitate the reporting of specified data related to terrorism.
In addition to the eliminated and new classifications noted above, amendments were made to implement changes to the Standard Exceptions Rule and Standard Exceptions classifications, including:
Part 4, Unit Statistical Report Filing Requirements, Section II, Definitions, was amended to add the definition of Net Incurred Losses for consistency with other proposed changes to the California Workers’ Compensation Experience Rating Plan—1995.
Let's talk about bullying. What is a bully?
If someone at your job has been consistently harassing you, belittling you, embarrassing you on purpose in front of co-workers, using intimidation tactics, you might be subject to a claim.
These types of injuries fall under the PSYCHOLOGICAL injury category.
What results from someone bullying you or harassing you at work? Typically we see injuries to the psyche, such as ANXIETY, DEPRESSION, STRESS, INSOMNIA, HYPERTENSION. If someone has been using these tactics in the workplace and causing you to suffer from one of those ailments you may have a workers compensation claim. If you want to speak to an attorney our firm is always available to answer any of your workers compensation related questions at 714-542-3377 or visit us on www.attorney4u.us
There are several benefits available to California employees who have been injured on the job. Among these you are entitled to certain compensation.. such as..
- Medical Treatment
- Wage Replacement Benefits
- Vocational Rehabilitation
- Other Benefits such as E.D.D.
To find out if you qualify for benefits speak to a lawyer in your area today.
California Law Associates services the following areas: Los Angeles County, Orange County, Riverside County, San Diego County, Inland Empire. We can also offer you a referral if you are outside of these areas. Call us today at 714-542-3377
There are often times when some California Workers Compensation cases include other third party claims as well. If you've been fired after your work injury you can have a wrongful termination claim in addition to your injury claim. If someone assaulted you at work, you could have a workers comp claim and a personal injury claim against the assaulter. Each individuals case is just that, individual. There is no better way to know what your options are than to speak to a lawyer so that you may introduce ALL of the facts that go along with your situation. Without all of these facts there is no clear way to determine what the best plan of action is. Take into consideration your options and know there are many choices available!
If you have been injured at work and have legal questions feel free to call California Law Associates at 714- 542-3377
There are several reasons why you should always report your injury if it occurs on your job site.. One of the biggest reasons pertaining to California Workers Compensation is your ability to ensure your rights. If you never report your injury to your employer you can lose many medical benefits and other work benefits to compensate you while you are unable to work. This is crucial to your health and workers comp case to report your injury as soon as it happens. Even if you wait a day or a week later you should still report it.
Among other reasons for reporting...
1. Your injury can resurface later.
Sometimes we suffer a slip and fall and we get up right away just walking it off. These types of injuries should always be reported regardless of how you feel right after the injury. The problems we face with our human bodies can lead to internal trauma. So even though you fell and dont feel any pain, you may feel pain in other areas because of that fall for example you may develop back pain or other issues associated with your injury that you may not notice right away. Its important to get treatment for these injuries and if you are employed you shouldnt be paying these expenses out of pocket, your employer should pay them.
2. It can affect your job ability.
If you get injured at work and dont report it, you may not be able to function at the same capacity you did prior to injury. Once reported you boss can modify your duties to make sure you dont continuously injure yourself or worsen the condition. Its important for employers to see what type of injuries you have suffered so that your doctor can modify your work duties so that you dont keep getting hurt.
3. Legally notifying your employer is the only way they can help you.
If you dont notify your employer of your injuries, they are never afforded the opportunity to send you to a doctor and pay your medical expenses. There is no way for your employer to help you if you dont notify them. Legally you should always report your injury so that they can do there best to get you proper medical treatment from their insurance company.
To recap a few things, always report your injury to your employer, give them an opportunity to help you, if they dont help you or modify your work duties talk to an attorney right away.
California Law Associates has been helping orange county employees for the last 25 years in their workers compensation claims, if you have a question or need an attorney dial 714-542-3377 or visit www.attorney4u.us
Andria Holt is a J.D. graduate of Pacific Coast University School of Law who has been employed in the California Workers' Compensation Field since 2008.
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