The Lester & Cantrell Legal Blog

Human Trafficking Notices Required under SB 225

Human Trafficking Bill SB 225

Human Trafficking Bill SB 225

In addition to posting a new transgender rights notice in common areas, California businesses are now required to post an amended notice about human trafficking under SB 225. This new bill, an expansion of the current California Code Section 52.6, must post the following information in a minimum 16-pt font on at least 8 1/2 by 11-inch paper. The notice must be posted in English, Spanish, and in one other language that is the most widely spoken language in the county where the establishment is located.

The following businesses must post the notice in a prominent area of the workplace:

  • On-sale general public premises licensees under the Alcoholic Beverage Control Act
  • Adult or sexually oriented businesses (see Penal Code Section 318.5(a))
  • Primary airports (see 49 U.S. Code Section 47102(16))
  • Intercity passenger rail or light rail stations
  • Bus stations
  • Truck stops (privately owned and operated facilities providing food, fuel, shower or other sanity facilities, and lawful overnight truck parking)
  • Emergency rooms within general acute care hospitals
  • Urgent care centers
  • Farm labor contractors (see Labor Code Section 1682(b))
  • Privately operated job recruitment centers
  • Roadside rest areas
  • Businesses or establishments offering massage or bodywork services for compensation (and not described in Business and Professions Code Section 4612(b)(1))
  • NEW: Hotels, motels and bed and breakfast inns (see California Business and Professions Code Section 24045.12(b) and not including personal residences)

Following is the language that must be posted:

If you or someone you know is being forced to engage in any activity and cannot leave — whether it is commercial sex, housework, farm work, construction, factory, retail, or restaurant work, or any other activity — call the National Human Trafficking Resource Center at 1-888-373-7888 or the California Coalition to Abolish Slavery and Trafficking (CAST) at 1-888-KEY-2-FRE(EDOM) or 1-888-539-2373 to access help and services.

Victims of slavery and human trafficking are protected under United States and California law.

The hotlines are: 

    • Available 24 hours a day, 7 days a week. 
    • Toll-free. 
    • Operated by nonprofit, nongovernmental organizations. 
    • Anonymous and confidential. 
    • Accessible in more than 160 languages. 
    • Able to provide help, referral to services, training, and general information.

Businesses can download a printable copy of the above notice here: http://bit.ly/2yRRg8f

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Disclaimer

The blog posts and e-newsletters from Lester & Cantrell, LLP are for informational purposes only and not for the purpose of providing legal advice. Please contact our attorneys to obtain advice with respect to any particular issue or problem. Use of and access to this Web site or any of the e-mail links contained within the site do not create an attorney-client relationship between Lester & Cantrell, LLP and the user. Any opinions expressed on our blogs/e-newsletters are the opinions of the individual author and may not reflect the opinions of the firm or any individual attorney.

Harassment Prevention Training Extended to Sexual Orientation under SB 396

Harassment Prevention Training

Harassment Prevention Training

By now, most people are aware of the #MeToo movement, which called to light the continuing problems of sexual harassment in the workplace. The California Fair Employment and Housing Act (FEHA) requires businesses with 50 or more employees to provide supervisors with 2 hours of sexual harassment prevention training within 6 months of employment, and every 2 years thereafter.

Under the new SB 396, which went into effect Jan. 1, 2018, this mandatory training has been expanded to include topics of sexual orientation, gender expression, and gender identity. Businesses must also post a new poster about transgender rights in a prominent area of the building.

New Law Requires Businesses to Notify Employees of Rights Regarding Victims of Stalking, Domestic Violence and Sexual Assault

Under AB 2337, businesses are reminded to provide new employees with a written notice about their rights to take time off work after an act of stalking, domestic violence, or sexual assault.. This notice should also be posted near the business All-in-One State and Federal Employment Law Posters and be provided to any current employees who request it. The form notice can be found at: http://bit.ly/2yJgm9R

Disclaimer

The blog posts and e-newsletters from Lester & Cantrell, LLP are for informational purposes only and not for the purpose of providing legal advice. Please contact our attorneys to obtain advice with respect to any particular issue or problem. Use of and access to this Web site or any of the e-mail links contained within the site do not create an attorney-client relationship between Lester & Cantrell, LLP and the user. Any opinions expressed on our blogs/e-newsletters are the opinions of the individual author and may not reflect the opinions of the firm or any individual attorney.

Ban the Box Law Prohibits Businesses from Asking About Criminal History

Ban the Box Law AB 1008

Ban the Box Law AB 1008

The new AB 1008 (“Ban the Box”) state law prohibits businesses with five or more employees from asking about a job applicant’s criminal background – either verbally or in writing – before an offer of employment is made.

Only after offering conditional employment can a business conduct a background check. If a criminal conviction is discovered, the employer must consider the time passed since the incident, and the seriousness of the conduct. If the decision is to rescind the job offer, the employer must notify the applicant in writing how their conviction would adversely effect the company and/or job position. A copy of the conviction report should be included, along with a note of their right to challenge the decision, request reconsideration, and/or file a complaint with the Department of Fair Employment and Housing. Denied applicants have five business days to respond to the employer, and the business must reconsider their response before making a final decision.

Employers may not consider the following as a rejection:

(1) Convictions that were expunged or sealed;
(2) Arrests that did not result in conviction (some circumstances may be considered);
(3) Participation or referrals in a pretrial or post trial diversion program.

The new law went into effect on Jan. 1, 2018.

Disclaimer

The blog posts and e-newsletters from Lester & Cantrell, LLP are for informational purposes only and not for the purpose of providing legal advice. Please contact our attorneys to obtain advice with respect to any particular issue or problem. Use of and access to this Web site or any of the e-mail links contained within the site do not create an attorney-client relationship between Lester & Cantrell, LLP and the user. Any opinions expressed on our blogs/e-newsletters are the opinions of the individual author and may not reflect the opinions of the firm or any individual attorney.

Immigrant Worker Protection Act has strict rules for Business Owners

Immigrant Worker Protection Act

Immigrant Worker Protection Act

The Immigrant Worker Protect Act (AB 450), went into effect on Jan. 1, 2018, prohibiting employers from releasing employee records or allowing federal immigration agents into nonpublic work areas without a judicial warrant or subpoena.

Designed to prevent workplace raids, this new law falls into some grey areas, forcing businesses to decide between obeying federal law or state law. Should a business choose to follow federal law, the state Labor Commissioner or Attorney General could fine them between $2,000 and $5,000 for a first violation, and between $5,000 and $10,000 for each subsequent violation.

AB 450 requires that businesses, upon receiving a Federal Notice of Inspection (NOI) of Employment Eligibility Verification, post a notice within 72 hours.

The notice must state:
(1) the name of the immigration agency;
(2) the date the employer received the notice of the inspection;
(3) the nature of the inspection to the extent known; and
(4) a copy of the Notice of Inspection of I‐9 Employment Eligibility Verification.

Businesses must also give written notice by hand to the employee and his/her union representative with the following information:

(1) a description of all immigration inspection deficiencies identified in the notice;
(2) the immigration agency’s time period for correcting any potential deficiencies;
(3) the time and date of any meeting to correct any identified deficiencies;
(4) notice that the employee has the right to representation during any employer meeting.

Finally, under AB 450, businesses are prohibited from re-verifying the employment eligibility of a current employee, even if they come across facts or credible information that calls their eligibility into question.

Disclaimer

The blog posts and e-newsletters from Lester & Cantrell, LLP are for informational purposes only and not for the purpose of providing legal advice. Please contact our attorneys to obtain advice with respect to any particular issue or problem. Use of and access to this Web site or any of the e-mail links contained within the site do not create an attorney-client relationship between Lester & Cantrell, LLP and the user. Any opinions expressed on our blogs/e-newsletters are the opinions of the individual author and may not reflect the opinions of the firm or any individual attorney.

California Parental Leave Act Applies to Businesses with 20 or More Employees

California Parental Leave Act

California Parental Leave Act

Does your business employ 20 or more people? If so, the new California Parental Leave Act went into effect on Jan. 1, 2018 – requiring small businesses to provide up to 12 weeks of unpaid leave for new mothers, fathers and foster parents.

Senate Bill 63 amends Section 12945.6 of California Family Rights Act (applicable for employers 50 or more employees) to expand the “baby bonding” protections to smaller businesses.

Here’s the nitty gritty: The employee must have at least 1,250 hours (from the previous 12 months) on the books to qualify, and the law also protects them from losing their health care/job benefits during the 12-week leave. Additionally, the employee must take the leave within one year of the child’s birth or placement with the family. If desired, the employee can use their paid sick time and vacation leave during the time off.

If your business employs both parents, the leave does not need to be offered simultaneously to the employees. However, the employer must continue to offer health coverage to the employee during the parental leave, and guarantee their position (or a comparable position) when the leave is complete. If the employee does not return after the leave, the employer may recover costs of the health plan, providing that it’s not caused by a serious health condition or circumstances beyond the employee’s control.

Disclaimer

The blog posts and e-newsletters from Lester & Cantrell, LLP are for informational purposes only and not for the purpose of providing legal advice. Please contact our attorneys to obtain advice in respects to the new California Parental Leave Act. Use of and access to this Web site or any of the e-mail links contained within the site do not create an attorney-client relationship between Lester & Cantrell, LLP and the user. Any opinions expressed on our blogs/e-newsletters are the opinions of the individual author and may not reflect the opinions of the firm or any individual attorney.