Among other bills recently signed by California Governor Jerry Brown impacting California employers are SB 63 (required bonding leave for small California employers) and AB 168 (ban on employers inquiring about salary history), which both go into effect on Jan. 1, 2018.

SB 63—Required Bonding Leave for Small Employers

SB 63 will require employers to provide 12 weeks of baby bonding leave to employees in addition to the myriad of other leave of absence programs California already imposes. This bill affects small employers with as few as 20 employees and applies to those employees who:

  • Have worked for the employer for more than 12 months;
  • Worked at least 1,250 hours during the prior 12-month period; and
  • Work at a worksite where there are at least 20 employees within a 75-mile radius.

The leave required by the bill, when combined with other protected leaves, could result in small employers having to provide up to seven months of protected leave for the same employee. This bill will have the greatest impact on employers with 20 to 49 employees who are not already required to provide family leave under the federal Family and Medical Leave Act or the state’s California Family Rights Act.

AB 168—Bans Employers From Inquiring About a Job Applicant’s Salary History

Under AB 168, employers are banned from asking about a job applicant’s salary history and from relying on salary history information as a factor in determining what salary to offer an applicant. An employer could also be penalized for failing to provide a pay scale for the position upon demand.

Any violation of the provisions in AB 168 carries a huge threat of costly litigation under the Labor Code Private Attorneys General Act.