The following is a summary of key legislation that has passed, recently (including those mentioned in the previous article). Unless otherwise noted, all new legislation is effective January 1, 2018.

AB 1978 – Property Service Workers Protection Act.

Establishes various requirements for the janitorial industry, including registering annually with the DLSE and providing janitorial employees with sexual harassment training. Although this bill was passed in September 2016, it does not become effective to July 1, 2018.

AB450 – Immigration Worksite Enforcement.

Requires employers to 1) obtain warrants and subpoenas from federal immigration agents, before granting them access to nonpublic areas of the worksite or permitting them to inspect certain employee records, 2) notify workers and their labor unions about an ICE enforcement activity within 72 hours of receiving notice of the inspection, 3) provide each current, affected employee and the employee's authorized representative with the results of an inspection within 72 hours of receiving such information from ICE, and 4) pay penalties of between $2,000 and $10,000 for violations.

AB 168 – Salary History.

Bans salary history questions on employment applications and require employers to provide applicants with pay scales for positions, upon “reasonable request”.

AB 1008 – Criminal History.

Bans criminal history on employment applications for employers with 5+ employees. The bill is similar to the Los Angeles Fair Chance Initiative that was passed last year. If an offer is rescinded due to the criminal background check, applicants have 5 days to respond to the employer’s notice of intent to withdraw the offer.

AB 1701 – Construction Contractors

Makes certain contractors liable for unpaid wages, benefits, or contributions owed by subcontractors.

SB 63 – Parental Leave.

Requires small employers (20 to 49 employees) to provide up to 12 weeks of unpaid, job-protected leave for new parents for baby-bonding within the first year. Employee eligibility remains 1 year and 1250 hours worked.

SB 258 – Workplace Safety: Cleaning Product Data

Mandates employers that are required to maintain safety data sheets to also make information available about certain consumer cleaning products.

SB 306 – DLSE Enforcement Actions.

Among other things, this bill allows an employee or the Labor Commissioner to obtain a preliminary injunction (ordering the employee to be reinstated, pending their retaliation claim) upon a mere showing of "reasonable cause" that a violation of the law occurred. Employers may be forced to put an employee back to work, pending the two or three years it can take to litigate a claim that an employee was subject to unlawful retaliation.

SB 396 – Anti-harassment Training.

Requires employers (50+ employees) to include training, addressing harassment, based on gender identity, gender expression, and sexual orientation. Employers will be required to post transgender rights notices. Also, farm labor contractors will now be required to provide training, not just for supervisors, but for all staff and conduct it in a language understood by the employees.

AB 260 – Human Trafficking Posting Requirements.

Extends the current law, requiring certain employers (i.e. alcohol retailers, airports, emergency rooms, and adult or sexually-orientated business) to post notices, concerning human trafficking and the hotlines that are available. The legislation will be extended to include hotels, motels, and bed and breakfast inns.

San Francisco, CA

Lactation in the Workplace Ordinance

Requires employers to provide a “lactation location” that is safe, clean, free of toxic or hazardous materials, contains a surface upon which to place the breast pump and personal items, contains a place to sit, and has access to electricity.

Parity in Pay Ordinance

Bans employers from asking for salary history on employment applications and makes it illegal for employers to disclose salary information about a current or former employee without written consent. Effective July 1, 2018.

Legislation in Other States

The following is a summary of all key legislation that has passed, recently. Unless otherwise noted, all new legislation is effective January 1, 2018.

Delaware

HB 1 – Salary History

Prohibits employers from screening applicants, based on pay history and from seeking an applicant’s compensation history from current or former employers. Effective December 14, 2017.

Illinois

SB 318 – Anti-discrimination: Genetic Information

Prohibits employers from penalizing employees, who refuse to disclose genetic information.

SB 198 – Protected Time Off: Volunteer Emergency Responders

Prohibits employers from disciplining an employee who responds to an emergency call or text during work hours, when his or her volunteer emergency services are needed.

Chicago

“Hands Off Pants On” Ordinance

Requires all hotels in the city of Chicago to adopt a “panic button system” and an anti-sexual harassment policy to protect employees from guests. Hotel are required to equip all employees who work alone in guest rooms or restrooms with a “panic button” or other notification device. The device is designed to alert and summon hotel security or management for help in the event the employee reasonably believes that an ongoing crime, sexual harassment, sexual assault or other emergency is occurring during the employee’s presence. The devices must be provided at no cost to employees by July 1, 2018. The anti-harassment policy must comply with the ordinance by January 7, 2018.

Maine

LD 88 – Marijuana Legalization

Delays the implementation of the Marijuana Legalization Act until February 1, 2018.

LD1477 – Anti-harassment Training

Requires employers to use a compliance checklist from the state agency to develop their sexual harassment training programs. Effective November 1, 2017.

Massachusetts

SB 2119 – Equal Pay

Prohibits employers from paying a lower rate than paid to employees of a different gender for comparable work. It also bans salary history inquiries and prohibits employers from restricting employees from sharing wage information.

SB 3680 – Pregnant Workers Fairness Act

Requires employers of 6+ employees to provide reasonable accommodations to employees for pregnancy and related conditions. Effective April 1, 2018.

Nevada

SB 361 – Domestic Violence Leave

Requires employers to provide leave to eligible employees who are (or whose family or household members are) victims of domestic violence, sexual assault, or stalking.

New York

SB 6406 and AB A9006C - Paid Family Leave

Requires employers to provide job-protected, paid leave to employees to bond with a new child, care for a loved one with a serious health condition, or to help relieve family pressures when a family member is called to active military service. Paid Family Leave coverage is funded by employee payroll contributions.

New York City, NY

Protected Time Off: Paid Safe Time

Expands the City’s paid sick requirements to cover “safe time” to include if an employees or family members that are victims of a sexual offense or stalking. Effective May 5, 2018.

Oregon

SB 299 – Amends Oregon Sick Leave Law

Amends the current sick leave law to allow an annual accrual cap of 40 hours/year. Employers can limit an employee’s sick leave bank to 80 hours (40 hours of sick leave annually accrued and 40 hours of carryover sick leave).

SB 828 – Fair Work Week Ordinance

Employers in the retail, food and hospitality industry with 500+ employees, must provide at least one-week notice to the employee of their work schedule. Employers must provide a rest period of at least 10 hours between shifts unless an employee consent to work during this rest period, in which case the employer must pay the employee one-and-a-half times the employee’s normal rate of pay. Effective July 1, 2018.

HB 3458 – Overtime Laws for Manufacturing Sector

Employers in the manufacturing sector will be require to pay employees the greater of daily or weekly overtime if an employee works more than 10 hours in a single day and more than 40 hours total in the course of a single workweek. The law also sets a firm 55-hour weekly limit for most manufacturing-sector employees.

Rhode Island

HB 5413 and SB 290 – Health and Safe Families and Workplace Act

Requires employers with 18+ employees to provide paid sick leave. Effective July 1, 2018.

Vermont

HB 136 – Pregnancy Accommodations

Makes it unlawful for employers to refuse to provide reasonable accommodation for an employee’s pregnancy-related condition, absent undue hardship.

HB 462 – Privacy: Social Media Accounts

Prohibits employers from requiring or requesting that employees or applicants disclose personal, social medial account information (including usernames), access an account in the employer’s presence, change account privacy settings, etc.

Washington

Protected Time Off: Paid Sick Leave

Entitles all employees to accrue paid sick leave at a rate of 1 hour per 40 hours worked.

Seattle: Paid Sick Leave

Amends the current sick leave law. Key changes: 1) leave law applies to all employers, 2) no more caps on use, 3) new definition of “family”, and 4) waiting period reduced to 90-days.