California Countdown: Which Labor & Employment Bills Will The Governor Sign?

September 15 was the last day in 2017 for bills to pass both houses of the California Legislature and be forwarded to the governor. Governor Jerry Brown (D) has until October 15, 2017 to sign, veto, or otherwise not act upon these bills. Those bills that become law will take effect on January 1, 2018 unless a bill specifies an earlier or a later effective date. Included on the list of bills on the governor's desk are numerous labor and employment items that could impact private employer operations. Below we briefly identify and summarize the more notable measures, and flag other bills employers were watching that did not progress - this round - but which could again be taken up when the legislature reconvenes on January 3, 2018.

Background Checks

AB 1008 would amend the California Fair Employment and Housing Act to generally "ban the box" for employers with five or more employees by prohibiting questions about an applicant's conviction history before a conditional offer of employment is made. The bill would also limit consideration of arrests that did not result in convictions, diversion program participation and/or convictions that were sealed, dismissed, expunged, or eradicated, and prescribe steps that must be taken if an employer intends to deny employment solely or partly because of conviction history.

Discrimination

AB 46 would provide that Labor Code section 1997.5, the most recently enacted and notable sex-based pay discrimination statute, applies to private and public employers. However, the bill stipulates that Labor Code section 1199.5, which imposes penalties and damages, applies only to private employers.

AB 569 would confirm that the state constitution's right to privacy includes the freedom to make reproductive health decisions free of employer interference; prohibits adverse actions against employees, their dependents or family members for their reproductive health decisions; labels as null and void contracts or agreements made by employees waiving the law's benefits; and requires notice of employee rights and remedies in employee handbooks.

AB 1209 would, beginning July 1, 2019 and every two years thereafter, require businesses with 500 or more employees in California that must file a statement of information with the Secretary of State to report the difference between the mean and median wages of male and female employees who are exempt administrative, executive, or professional employees, or board members, in California.

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