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

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Don’t Even Think About Starting Your Next Project Without A Retainer Agreement: Practical Advice on Why You Should Never Start Working Without Retainer Agreement, and the Top 5 Tips You Can’t Do Without

August 5, 2013-

As a business attorney representing small business owners and entrepreneurs, I am frequently called upon to send demand letters, and even file lawsuits, in order to collect money on behalf of my clients Imagefrom their delinquent customers.  In each of these situations, my clients had one thing in common: none of them signed a Retainer Agreement before starting work on their projects.  Instead, they mistakenly believed that the proposal they drafted, or the e-mails they sent back and forth, constituted a “meeting of the minds” as to the project details.

More than likely, both parties will have a different understanding of how much the project will cost, when it is due, how many changes can be made, and what is considered an acceptable work product.

A carefully crafted Retainer Agreement is a contract that sets forth each party’s rights and responsibilities as they pertain to the project.  While enforcement of a contract may require a court judgment—and collection of that award is by no means guaranteed—a Retainer Agreement records the parties’ intentions and may save the parties tens of thousands of dollars in attorney’s fees and costs to litigate the parties’ understanding of particular details. Continue reading