The start of 2018 marks the start of many new regulations. New rights for pregnant and transgender employees have been implemented, the minimum wage in California, restrictions of what you can or cannot ask during a job interview for a potential hire, and so much more. Business owners, human resource managers and executives will have to understand the new changes to the law to protect the rights of their employees and to prevent any unjustified lawsuits against their business.
Since we’re on the topic of labor laws, we would like to remind you that California law states that failure to post required state and federal employment law notices can result in very large fines! But don’t worry! At KCAL, we have the latest 2018 Labor Law Poster prepared and ready for you to post. Feel free to contact us to sign up for a free poster and get the poster mailed to you free of charge!
Be cautious and aware of what you ask during your interview process!
You might recall that one of the biggest changes in labor law from 2016 to 2017 is the all-gender restrooms law in which the sign on all restrooms “in any business establishment, place of public accommodation or government agency must be identified as ‘all-gender’”.
It is important that employers do not ask questions relating to gender or sexual orientation or anything that may imply gender discrimination during an interview process. Not only is it irrelevant to the job, but you are just putting yourself in a more vulnerable position with a higher chance that you may face a gender discrimination lawsuit in the future.
Are you following the correct procedures for applicants with criminal backgrounds?
“Ban the Box” is an international campaign aimed at persuading employers to remove the box from hiring applications that asks if applicants have a criminal record. With this regulation in act, many employers are at a dilemma.
What should employers do now? Usually, after sending out the Job Offer Letter to qualified applicants, the company proceeds to the next step—the criminal background check. In order to do so, the company will need to receive the applicants’ consent forms. Upon receiving the criminal background check results, the company can offer two options for applicants: they have five days to decide whether they want to explain the situation or withdraw their application. If they choose to explain their criminal backgrounds, the employer can either accept or rescind the job offer. (This is for reference only. To take further action or proceed with any legal actions, please consult an attorney.)
Additionally, the employer must provide a valid reason on how the applicants’ past violations will contradict with their potential job obligations. Otherwise, the employer may still face discrimination lawsuits.
How to Avoid Loss with EPLI
What is EPLI?
EPLI (Employment Practice Liability Insurance) protects your business against employment-related claims, providing the funds to handle and settle lawsuits. The most popular types of claims covered under EPLI include wrongful termination, discrimination, sexual harassment, retaliation, and other employment-related issues.
Some employers feel that EPLI is too expensive and feel that they cannot afford it, however once calculated, the total costs can’t even compare to the hundreds of thousands your business may lose, not including the costs of lawyers.
EPLI can comprehensively protect the rights and interests of the employers. Many insurance companies provide customized packages and offers. Although the premiums may seem higher, compared to the cost you will be paying if dealt a lawsuit, you would actually save a lot. As an employer, you will feel more at ease not having to worry about these lawsuits, and get your peace of mind at the same time.
2018 Labor Law Posters!
According to the California law, failure to post required state and federal employment law notices can result in very large fines!
At KCAL, we can mail a FREE 2018 Labor Law Poster straight to your company! At a $59 face value, why not just request one from us for free! To sign up for a free poster, click here for more information. If you have any questions, always feel free to contact KCAL at 626-333-1111 for more information!
To keep business owners updated with the latest labor laws, KCAL Insurance Agency is also hosting four large scale seminars throughout the entire month of March! We help business owners come face to face with the newest laws—especially with certain ones you should pay special attention to. Follow our official KCAL WeChat account (ID: KCAL3331111) to receive updates on the event!