NEW 2018 Employment Laws for California

employment laws

January 1st brought in the New Year with horns, poppers, and midnight toasts, however it also brought in a year of new laws going into effect. We have complied a few of the more important California Employment laws for your review below:

Criminal Background

This year, if you have five or more employees you cannot inquire into the background of a candidates conviction history until a conditional offer of employment is extended. If a candidate provides information about an arrest that did not lead to a conviction or has a conviction that has been sealed, these are not allowed to be considered during a decision making process. If after finding out that a potential hire has a criminal background, you must research and provide evidence on whether or not the background will negatively directly impact the duties and relationships within the job being offered and company as a whole.

Salary Background

Looking to hire a new position and want to offer the right amount? You will now have to go by industry standards and negotiation tactics with new employees that do not include asking for their salary background. Instead, a pay scale can now be requested by the applicant to determine if they are interested in the position. However, applicants are more than welcome to voluntarily disclose their salary history or goals to the company.

Immigration in the Workplace

If an immigration enforcement agent requests entry into a company, they will be prohibited from entering nonpublic areas without a judicial warrant. Employee records are not to be handed over without a subpoena or court order. If a company receives a federal notice of inspection for their I-9 forms, an employer must notify their employees within 72-hours of receiving the notice.


The current anti-harassment training for supervisors (the current sexual harassment training) is being expanded to include gender identity, gender expression and sexual orientation training. If you have five or more employees, you are required to post the DFEH workplace notice regarding transgender rights.

Division of Labor Standards Enforcement (DLSE)

During an ongoing wage claim or investigation if the DLSE suspects retaliation or discrimination of an employee, they can expand their authority and even go as far to reinstate an employee until the close of the investigation.

Family Leave

Smaller employees with at least 20 employees must give eligible employees 12 weeks of unpaid, job-protected parental leave.

While this is a good representation of the laws we think you should know, please note that there are other laws that may impact these laws in 2018. Please consult with an employment counsel to ensure compliance within your company.

Here is some more helpful information about these laws in detail:

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Written by:

Scott Evers

Scott Evers

Vice President Sales and Marketing