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Two Recent Proposals Will Affect Los Angeles Employers
Ban-the-Box Makes Its Way to L.A.
If the Los Angeles City Council gets its way, Los Angeles employers will be prohibited from asking applicants about prior criminal convictions until after a conditional offer of employment has been made. As we previously reported, there has been a national push toward enacting "ban-the-box" legislation, which prohibits questions on employment applications that ask about prior arrests or criminal convictions. Variations of the ban-the-box law have already been enacted in cities across the country, including San Francisco, Compton, and Richmond. After a special meeting held on November 17, 2015, the Los Angeles City Council Economic Development Committee recommended that the Los Angeles City Council pass ban-the-box legislation.
The Committee asked the Los Angeles City Council to recommend that the City Attorney draft a "Fair Chance Initiative," which would remove questions relating to criminal history from job applications and would require any questions related to criminal history to be made after a conditional offer of employment has been made. The Committee recommended that the law apply to City contractors and private employers with 10 or more employees. Certain types of jobs and industries may be exempt under the proposed law, including jobs that involve children, law enforcement, and access to medical patients and/or medication.
The Committee further urged the City Council to consider provisions which address the following issues:
- potential exemptions for small businesses;
- the point at which criminal history questions may be asked (i.e., after the applicant has been determined to meet the minimum qualifications for the job or after a conditional employment offer);
- which office or agency would oversee and monitor implementation; and
- how penalties would be structured (for example, $50 for a first violation, $100 for a second violation, and $500 for subsequent violations).
We will continue to keep you apprised on the status of this City ordinance and what it means for employers. County of Los Angeles Creates Division to Enforce New Minimum Wage Law
In other news, the County of Los Angeles has begun taking steps to create enforcement mechanisms for the new minimum wage law. As we previously reported, the City of Los Angeles passed the new minimum wage law, which increases hourly wages in unincorporated areas of Los Angeles County to $15.00 per hour by 2020. On November 17, 2015, the Los Angeles County Board of Supervisors voted to establish a division to enforce the new minimum wage law. Once established, the new division will be responsible for investigating violations in unincorporated areas of Los Angeles.
The details of the program remain to be worked out, including such issues as: what penalties will apply to employers who violate the minimum wage law; how investigators would subpoena records such as time cards and pay stubs; potential licensing requirements; notice and posting requirements; and retaliation restrictions and prohibitions. The Board of Supervisors asked for a report to be completed within 90 days covering details of the enforcement program.
We will alert you when the enforcement mechanisms have been defined to help navigate you through compliance with the minimum wage ordinance.
If you have any questions about the contents of this article, you may contact any member of the Firm. We can be reached at (818) 508-3700, or online at www.brgslaw.com.
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