January 2018 | Volume III
2018 Employment Law Changes
Hiring Practices and Employment
Criminal History:
AB 1008 prohibits employers with five or more employees from asking about criminal history on employment applications.

Salary History:
AB 168 bans employers from asking about a job applicant’s prior salary, compensation or benefits.

Parental Leave:
SB 63 (the New Parent Leave Act) requires small businesses with 20 or more employees to provide eligible employees up to 12 weeks of unpaid, job-protected leave to bond with a new child.

Worksite Immigration:
AB 450 provides workers with protection from immigration enforcement while on the job and imposes varying fines from $2,000 to $10,000 for violating its provisions.

Harassment Prevention Training:
SB 396 requires employers with 50 or more employees to provide supervisors with two hours of sexual harassment training every two years.

SB 295 requires that sexual harassment prevention training be conducted or interpreted into a language understood by the employee.

Gender Identification:
SB 179 will allow California residents to choose from three equally recognized gender options — female, male or nonbinary — on state-issued identification cards, birth certificates and driver’s licenses. 

Employment Discrimination:
AB 1556 deletes the gender-specific personal pronouns in California's anti-discrimination, anti-harassment, pregnancy disability, and family/medical leave laws.

Workplace Safety and Workers’ Compensation
SB 258 relates to the safety of designated cleaning products, including general cleaning, air care, automotive, or polish or floor maintenance products used primarily for janitorial, industrial or domestic cleaning purposes.

AB 44 requires employers to provide a nurse case manager to advocate for employees injured during the course of employment by an act of domestic terrorism, but only when the governor has declared a state of emergency.

SB 189, which is effective on July 1, 2018, clarifies when owners, officers of businesses, members of boards of directors, general partners in a partnership and managing members of LLCs may be excluded from workers’ compensation laws.

AB 1422 extends the automatic stay on liens filed by medical providers who are charged with criminal fraud.

SB 489 extends the billing deadline for providers of emergency treatment services from 30 days to 180 days.

Increased Liability for Construction Contractors
AB 1701 imposes liability onto the general contractor for any unpaid wages, benefits or contributions that a subcontractor owes to a laborer who performed work under the contract.

Fair Pay Act Expansion:
AB 46 extends California’s Fair Pay Act to cover public employers; existing law only covers private employers.

Data Collection:
AB 677 requires that, beginning no later than July 1, 2019, various state labor agencies collect voluntary, self-identified information pertaining to sexual orientation and gender identity in the regular course of collecting other types of demographic data.

LGBT Rights
SB 219 enacts the Lesbian, Gay, Bisexual, and Transgender (LGBT) Long-Term Care Facility Residents’ Bill of Rights, strengthening anti-discrimination protections for LGBT individuals living in long-term care facilities.

Human Trafficking
AB 260 extends the list of businesses that must post a human trafficking information notice to include hotels, motels and bed and breakfast inns.

SB 225 requires the human trafficking notice to include a new number for those who wish to send text messages. Businesses are not required to post the updated notice until on or after January 1, 2019.

Anti-Discrimination Protections for Veterans AB 1710 expands the current protections for members of the armed services by prohibiting discrimination in all “terms, conditions, or privileges” of employment.

Health Facilities: Whistleblower Protections
AB 1102 increases the maximum fine for a violation of whistleblower protections in healthcare facilities from $20,000 to $75,000.

Labor Law Enforcement, Retaliation
SB 306 allows the Labor Commissioner to investigate an employer — even without a complaint from an employee — when the Labor Commissioner suspects retaliation or discrimination against a worker during a wage claim or other investigation.

Barbering and Cosmetology
SB 490 allows workers licensed under the Barbering and Cosmetology Act to be paid a commission in addition to a base hourly rate if certain conditions are met.

AB 326 requires Board of Barbering and Cosmetology schools to include information on physical and sexual assault awareness in the required health and safety course for licensees beginning July 1, 2019.

Alcohol Servers:
AB 1221 requires that businesses licensed to serve alcohol make sure each alcohol server receives mandatory training on alcohol responsibility and obtains an alcohol server certification.
Business tax rates are as follows:
For businesses with an annual gross receipt of $0 - $20,000, the tax due is $15. For businesses with an annual gross receipt of $20,001 - $300,000, the tax due is $50. There is also an annual renewal fee of $19 to be added to that fee.

City of Simi Valley
2018 Business Tax Increase
Effective January 1, 2018, Business Registration fees for the City of Simi Valley will increase $4 annually to accommodate the State of California's mandate for Certified Access Specialist programs and services. There will also be a business renewal fee increase from $15 to $19. This action was approved by City Council on November 13, 2017.

In addition, the business tax waiver that was in place since January 1, 2012 is no longer in place as of December 31, 2017.
It's 2018. Have you ordered your 2018 Employment Law Poster?

Make sure your business is in compliance with employment law. The Simi Valley Chamber of Commerce is now selling Labor Law Posters for 2018! This poster contains the 17 state and federal employment notices every California employer must post - even if you only employ one person in California.

CalChamber's all-in-one poster includes mandatory updates to the Cal/OSHA notice and the DFEH Discrimination and Harassment notice for January 1, 2018, along with other new regulations.

Simi Valley Chamber
Legislative Advocacy Forum

The Simi Valley Chamber Legislative Advocacy Forum (LAF) meets on the fourth Wednesday of each month to discuss current legislation and its impact on businesses. Staff from the state legislature, U.S. Congress, County of Ventura, and the City of Simi Valley attend these meetings.

Join us for the next meeting on Wednesday, January 24th at 8:00 AM in the Chamber.

Simi Valley Chamber of Commerce | 805-526-3900 | samantha@simichamber.org | simichamber.org