On 1 July 2020, the City of Los Angeles (not the entire LA County) minimum wage rate will increase to $15 an hour
for a business with 26 or more employees. The Assembly Bill No. 168 regarding salary information prohibits a California employer from relying on salary history as factor to offer employment. An employer shall not, orally or in writing, personally or through an agent, seek salary history information, including compensation and benefits, about an applicant for employment.
Employers may ask an applicants about “salary expectation” for the position(s) applied; However, employers must still avoid inquiries that might be construed as either pressuring or prompting an applicant to disclose salary history. If a California applicant declines to disclose the salary expectation question during the interview, one may ask the employer for the pay scale reasonable request as outlined in the next paragraph.
According to California Labor Code 432.3 before the conclusion of an interview, California employers must, upon receiving either an oral or written reasonable request, provide an applicant with a pay scale for the job position(s) sought.
Workers are presumed to be w-2 employees unless they can meet three specific tests to be called 1099 independent contractors:
- The person works without control and direction from the employer.
- The person performs work outside the scope of the usual business of the company.
- The person is customarily engaged in a trade, occupation or business of the same nature as the work performed.
With limited exceptions, non-compete clauses are not enforceable in California. A non-compete agreement is a contract between an employer and employee where the employee agrees not to work for competitors of the employer for a certain amount of time after the employee leaves the company.
An employer may not prohibit an employee from disclosing his or her own wages, discussing the wages of others, inquiring about another employee’s wages, or aiding or encouraging any other employee to exercise rights under the Equal Pay Act. Accordingly, an employer may not retaliate against an employee for engaging in such conduct.
Under California Sick Leave Law, employees will accrue one hour of paid sick leave for every 30 hours worked.
Paid sick leave must carry over from year to year, but employers can place a cap on accrual of 48 hours (or six days) use of sick leave.
Employers can limit an employee’s use of sick leave to 24 hours (or three days) per year.
Sick leave is not a wage under California law; therefore, the Act does not require employers to cash out sick leave either during employment or at the time of separation from employment