Top 10 Trends Facing California Employers in 2018

January 3, 2018Alerts Labor & Employment Alert

Harassment issues dominated the headlines in 2017. What lessons were learned and what can California employers expect in 2018?

Here is my annual Top Ten Trends list, drawn from our most popular blog posts of 2017:

#1 — No business (regardless of industry), nor individual (regardless how successful or powerful) is immune from sexual harassment claims.

Uber’s CEO Is Forced Out

#2 — It’s time to revamp your harassment policy to ensure your harassment prevention training is relevant and engaging.

12 Things Your Harassment Policy Needs To Comply With California's New Regulations

#3 — Investigate promptly – but please don’t rush to judgment. Take action, if necessary, but remember the accused have rights too.

More Lessons From Uber — Terminations Without Due Process Are Not the Answer

#4 — Managers mess up (often inadvertently), so you have to train them. Make sure they understand they are required to report any harassment issues, and supported when they do so.

Collected Posts on Training

#5 — Ensure that managers understand how to coordinate with Human Resources with regard to any accommodation request (whether as to disability, religion, or gender identity/expression).

California Updates Its Harassment Prevention Training Requirement (SB 396)

#6 — Recruitment will be more complicated because you can’t rely on prior salary history to set your pay rates, and you can’t ask about criminal history until after an offer is made. Make sure your employment applications are updated.

Questions California Job Interviewers Need To Avoid in 2018

#7 — The three wage-and-hour claims to expect in 2018 are: (1) overtime rate claims that include claims for miscalculation of sick pay; (2) fair pay claims (on the basis of sex or race); and (3) rest break claims when the policy requires the employees to stay on premises.

Governor Signs, Vetoes Pay Equity Bills

#8 — Plan now for stoned employees in 2018; if you intend to enforce marijuana use as an illegal drug (as it still is under federal law), make sure your policies say so, and you take action uniformly.

Future of California’s Marijuana Laws Appears Hazy 

#9 — The intersection of PAGA with class actions and arbitration agreements promises to remain an active and complex area of litigation, with no realistic end in sight.

Go Fish: Discovery in PAGA Actions Just Got Easier 

#10 — Hope that the state and federal legislatures would focus on something helpful for employers, like creating a new category of dependent contractors instead of focusing on a knee-jerk reaction to harassment issues that will hurt employers (such as banning arbitration agreements for harassment cases and making such settlements taxable).

New Tax Bill Means Changes for Employers: What You Need To Know 

Stay on top of these and other current issues affecting California employers by subscribing to our California Employment Law Blog.

If you have any questions about how these issues apply to your company or in any particular situation, please contact Nancy Yaffe at 310.598.4160 or [email protected] or any other member the firm’s Labor & Employment Department.