November State Employment Law Update for California Employers


Cal/OSHA, California’s OSHA State Plan, issued an emergency regulation to bring state plan regulations up to speed with federal electronic recordkeeping requirements. The federal rule requires employers with 250+ employees and some employers with 20-249 employees to electronic submit injury and illness tracking data. The final regulation was published in 2016, with the first submissions due in 2017. State plans are required to implement similar regulations. Cal/OSHA is requiring California employers to submit their 2017 forms by 12/31/18.

A.B. 2770 was signed into law and effective January 1, 2019 to allow an employer to say whether or not a decision to not rehire is based on the employer’s determination that the former employee engaged in sexual harassment.

S.B. 224 was signed into law and effective January 1, 2019 to eliminate the element that the plaintiff proves there is an inability to easily terminate the relationship between themselves and an alleged harasser.

S.B.1412 was signed into law and effective January 1, 2019 to specify that certain provisions, such as having expunged records, do not prohibit an employer, from asking an applicant about a particular conviction of the applicant.

The Permanent Daylight Saving Time Measure was passed by voters. The measure allows the California State Legislature to change the dates and times of the daylight saving time (DST).

Proposition 11 passed which will allow private sector emergency ambulance employees, to remain “on-call” during their meal periods and rest periods so they can respond in case of an emergency and required training and 10 mental health services per year.

San Francisco, CA

The city has announced the 2019 rates for its employer health care spending law, whereby employers must either contribute a specified amount toward their employees’ health care costs on a regular basis or pay into a city health care fund for San Francisco residents. Beginning January 1, 2019, the health care expenditure rate for employers with 100 or more employees will be $2.93 per hour, and the rate for medium-sized businesses with 20-99 employees will be $1.95 per hour.