This is our yearly wrap-up of some of the new laws created in California this year to continue to protect employees:
Gender Pay Equality Law Expanded
Beginning January 2016, an employer shall not pay employees at wage rates less than the rates paid to employees of the opposite sex for substantially similar work, and performed under similar working conditions, even though employees may have different titles or work at different sites. The law was expanded on September 30, 2016 to prohibit wage inequality based upon race or ethnicity for substantially similar work. Additionally, an employee’s prior salary cannot, by itself, justify any disparity in the employee’s compensation.
Domestic Worker Bill of Rights Made Permanent
After the Domestic Worker Bill of Rights law took effect in 2014, which entitled personal attendants, such as nannies and caregivers, to overtime pay for work beyond 9 hours per day or 45 hours per week, California lawmakers had three years (or until 2017) to either revoke the overtime pay for personal attendants or make it permanent. On September 12, 2016, lawmakers decided to make the overtime law for personal attendants permanent.
New Minimum Wage Increases
Effective January 1, 2016, the minimum wage in California became $10.00 per hour. The increase in minimum wage also boosts the pay of most employees legally “exempt” from the overtime rules, such as Executive, Administrative, or Professional employees, who must be paid a salary rate that is at least twice the state minimum wage for full-time monthly employment.
Additionally, on April 4, 2016, California’s governor approved a new law that will increase California’s minimum wage every year until it becomes $15 per hour by 2022. For any employer who employs 26 or more employees, the minimum wage shall be as follows:
(A) From January 1, 2017, to December 31, 2017: 10.50 per hour
(B) From January 1, 2018, to December 31, 2018: $11 per hour
(C) From January 1, 2019, to December 31, 2019: $12 per hour
(D) From January 1, 2020, to December 31, 2020: $13 per hour
(E) From January 1, 2021, to December 31, 2021: $14 per hour
(F) From January 1, 2022, and until adjusted: $15 per hour
Employers with 25 or fewer employees will raise their minimum wage in 2018 (a delay of one year from the above schedule).
Immigration-Related Protections for Employees
It is unlawful for an employer, in the course of satisfying its immigration-related obligations under the law, to do any of the following to its employees:
(1) Request more or different documents than are required under the law.
(2) Refuse to honor documents tendered that on their face reasonably appear to be genuine.
(3) Refuse to honor documents or work authorization based upon the specific status or term of status that accompanies the authorization to work.
(4) Attempt to reinvestigate or reverify an incumbent employee’s authorization to work using an unfair immigration-related practice.
Employees are entitled to monetary and equitable remedies should this law be violated.
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The Law Offices of C. Joe Sayas, Jr. welcomes inquiries about this topic. All inquiries are confidential and at no-cost. You can contact the office at (818) 291-0088 or visit www.joesayaslaw.com.
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C. Joe Sayas, Jr., Esq. is an experienced trial attorney who has successfully obtained significant recoveries for thousands of employees and consumers. He is named Top Labor & Employment Attorney in California by the Daily Journal, consistently Aselected as Super Lawyer by the Los Angeles Magazine, and is a member of the Million Dollar-Advocates Forum.