Additional Employer Requirements Under San Francisco Paid Parental Leave Ordinance

San FranciscoIn California, employees can apply for paid family leave (PFL) benefits administered through the California’s Employment Development Department (EDD).  These PFL benefits are funded through employee-paid payroll taxes, and provide eligible employees with six (6) weeks of partial wage replacement.  No state-wide law requires that employers offer paid parental leave.

San Francisco, however, has enacted a local ordinance, the San Francisco Paid Parental Leave Ordinance (SFPPLO), which requires that covered employers supplement an employee’s PFL benefits.  As of January 1, 2018, the SFPPLO applies to any San Francisco-based employer with 20 or more employees worldwide.  Thus, any employer with more than 20 employees would need to offer eligible employees who work in San Francisco with fully paid leave that complies with the SFPPLO and would need to revise its parental policy accordingly. Continue reading

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California Labor and Employment Updates for 2018

CapitolThe California Legislature has passed the following labor and employment bills, which will become law effective January 2018.

PRIOR SALARY AND PRIOR CONVICTIONS

Salary History Information

AB 168 prohibits employers from asking job applicants for “salary history information,” which includes both compensation and benefits.  But where an applicant “voluntarily and without prompting” discloses salary history information, the employer may rely upon the information in setting the applicant’s starting salary.  As a result, questions about prior salary may not be asked in job applications or interviews by an employer or an agent of the employer.

Additionally, AB 168 requires employers to provide the pay scale for a position if the applicant requests it.  This bill makes California the first jurisdiction in the country to require that employers provide applicants with the pay scale for a position, upon “reasonable request.”

This bill applies to employers, both private and public, and will become effective January 1, 2018. Continue reading

July 2015 Updates to California Family Rights Act (CFRA) and Posting Requirements

By Jennifer A. Grady, Esq. and Gayane Khechoomian, Esq.

On July 1, 2015, the California Department of Fair Employment and Housing made significant amendments to the California Family Rights Act (CFRA). Now, all private employers with 50 or more employees in at least 20 workweeks in a year and within a 75-mile radius will have to update their leave policies and posted notices, as well as train supervisors and managers in order to comply with the regulations. Employers also include government entities and joint employers or successor in interest to a covered employer.

The purpose of the amendments is to incorporate those of the federal regulations in the Family and Medical Leave Act (“FMLA”), but there are still some differences in the state law. Continue reading