California Archives - Laborsphere

California Enacts Stronger Pay Transparency Obligations for 2026 and Beyond

Ten years after initial passage of California’s Fair Pay Act, California continues to fine tune existing pay equity and pay transparency laws. As of January 1, 2026, job postings must include the “good faith estimate” of the salary or wage range an employer expects to pay for the advertised position at the time of the candidate’s hiring. 2026 also brings longer statutes of limitation periods for employee wage discrimination claims, requires employers to separate pay data report information from employee personnel records, and mandates substantial court-imposed civil penalties for an employer’s failure to file an annual pay data report.

Narrower Pay Scale Disclosures

Current California law requires employers to provide pay scale information to applicants and current employees, upon request, and requires certain employers to include a pay scale in job postings. As previously reported, those requirements became effective on January 1, 2023.

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New California Laws for 2026 and Beyond: What Employers Should Know

At a Glance

AB 692 builds upon California law that can void contracts prohibiting competition after an employee’s employment ends by prohibiting certain contracts with “workers” (not only employees) that may have that effect but do not explicitly block competition.

SB 294 establishes the Workplace Know Your Rights Act and requires employers to provide a stand-alone written notice to all current employees by February 1, 2026, and annually thereafter.

SB 642 expands pay transparency requirements, by revising the definition of “pay scale” to mean a good-faith estimate of the wage range employers reasonably expect to pay for a position upon hire.

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State & Local Employment Law Developments: Q4 2024

This quarter, we continue to highlight the ever-changing state and local employment law landscape. New state laws that took effect during the fourth quarter of 2024 or as of January 1, 2025, continue to focus on increasing employee protections in Alabama, California, Colorado, Connecticut, Delaware, District of Columbia, Illinois, Indiana, Kentucky, Maine, Maryland, Massachusetts, Minnesota, New Hampshire, New York, Oregon, Pennsylvania and Rhode Island.

To view the full alert, visit the Faegre Drinker website.

Los Angeles County Fair Chance Ordinance – Summary of New Requirements

As of September 3, 2024, employers in the unincorporated areas of Los Angeles County must comply with the Los Angeles County Fair Chance Ordinance (FCO), which places restrictions on criminal background screening beyond those required by California’s Fair Chance Act (Fair Chance Act).

Background – the Fair Chance Act

The Fair Chance Act (also known as “Ban the Box” law) bans employers with five or more employees from including any question on a job application that asks about the applicant’s criminal conviction history. Covered employers also may not inquire about or consider an applicant’s criminal history until the applicant has received a conditional job offer. If an employer does conduct a lawful background check and decides to rescind an offer based on an applicant’s conviction history, the employer must (1) make an individualized assessment of whether the applicant’s conviction history relates to the specific job duties; (2) notify the applicant in writing of the preliminary decision; (3) grant the applicant at least five business days to respond before making a final decision; and (4) give the applicant an additional five business days to dispute the accuracy of their criminal history record and to seek evidence to support that contention. The Fair Chance Act also bans covered employers from considering certain convictions, including those that have been sealed, dismissed or expunged, and generally does not allow employers to consider arrests that did not result in convictions (subject to certain exceptions). Additional information published by the California Civil Rights Department regarding the Fair Chance Act can be found online.
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State & Local Employment Law Developments: Q2 2024

State and local governments continue to increase workplace regulations. In the second quarter of 2024, we provide updates on significant recent and upcoming legislative and regulatory developments in California, Colorado, District of Columbia, Idaho, Illinois, Indiana, Maryland, Minnesota, New Mexico, New York, Oregon, Pennsylvania, South Dakota, Tennessee, Utah, Vermont, Virginia, Washington and West Virginia.

For the full alert, visit the Faegre Drinker website.

California Occupational Safety and Health Standards Board Approves Heat Illness Prevention Regulation

On June 20, 2024, the California Occupational Safety and Health Standards Board unanimously approved a new regulation codified at California Code of Regulations, Title 8, section 3396, which focuses on preventing heat illness in indoor workplaces. The new regulation introduces several key provisions, including mandatory indoor heat illness training and specific protocols for providing water and rest areas to employees. This alert dives deeper into the regulation and what it means for businesses operating in California.

For the full alert, visit the Faegre Drinker website.