In some of our previous blogs, we have talked extensively about how some states in the USA have laws which expand upon those established by the Federal government. Let us look at the employment laws in California, which offers some of the nation’s strongest benefits and protections to workers. New entrants to the state’s jurisdiction as well as experienced ones must be compliant with laws which have recently changed or they may find themselves increasing the State’s gold in paid fees and fines.
Nearly all new or revised regulations increase protections for workers and employer penalties for non-compliance. They address compensation, discrimination, and worker rights.
Now, the prohibition extends to a conviction that was judicially dismissed or ordered sealed, unless:
– the employer is required by law to inquire into such information and prohibited from hiring anyone with a criminal record for the role, or
– if a worker with a criminal record is legally prohibited from being hired for that role, or
– if the worker’s duties on the job make it necessary to handle or carry weapons or firearms, or
– if by law a person who is convicted of a crime is prohibited from being hired to that role; even if the conviction is expunged, judicially ordered sealed, statutorily eradicated or even judicially dismissed.
Worker Rights Regulations:
While the regulations listed above clearly weigh in on the side of the employee, an employer can collect attorney’s fees and costs in a wage action if it can be proved that the action is unsubstantiated and was brought in bad faith. However, the employer still must undergo difficult legal procedures that distract from business focus and undermine brands. The list of regulations in the Golden State may not be comprehensive, but definitely big enough to give us an insight into the kind of attention that needs to be paid by an employer who wishes to be compliant with employment law at the state level alone!
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