SB 396, signed into law by California Governor Jerry Brown, requires all California employers to post a “Transgender Rights in the Workplace” poster beginning January 1, 2018. The poster must be displayed with other mandatory workplace notices in a prominent, accessible location in the workplace.

SB 396 amends Government Code section 12950.1, which requires an employer with at least 50 employees to provide supervisors at least two hours of training regarding sexual harassment and abusive conduct. Amended Section 12950.1 includes harassment training on gender identity, gender expression, and sexual orientation. The training must provide examples of such harassment, and the trainer must have knowledge or expertise in this area.

In addition, regulations developed by the Fair Employment and Housing Council that went into effect on July 1, 2017, and covers the following topics:

• Definitions of terms such as transgender, gender identity, gender expression and gender transition;
• A discussion on the right of employees to use restrooms, locker rooms and other similar facilities corresponding to their gender identity; and
• The importance of allowing an employee to dress in accordance with the employee’s gender identity and expression.

Contact Adriana Robles at (949) 885-2297 for information about our compliant and impactful transgender, anti-bullying and sexual harassment prevention training opportunities.

The Fair Wages and Healthy Families Act does not require an employer to pay out an employee’s unused earned paid sick time (PST) at the end of each year or at separation. Employers may choose to pay out unused earned PST at the end of the employer’s year or at separation.

However, an employer who elects to pay an employee for unused earned PST at the end of the employer’s year must comply with the requirements of Arizona Revised Statutes § 23-372(D)(4). That section of the statue requires the following:

Earned paid sick time shall be carried over to the following year, subject to the limitations on usage in subsections A and B.  Alternatively, in lieu of carryover of unused earned paid sick time from one year to the next, an employer may pay an employee for unused earned paid sick time at the end of a year and provide the employee with an amount of earned paid sick time that meets or exceeds the requirements of this article that is available for the employee’s immediate use at the beginning of the subsequent year.

In other words, voluntarily paying out accrued PST obligates the employer to advance that sum of PST to be immediately available the following year. This is a trap for the unwary.

So remember – you don’t have to pay out PST at the end of the year, but if you do, you must provide affected employees with that sum of PST to be immediately available the following year.  

Legislation has been passed that will affect employers in California, Arizona and Colorado. Below is a breakdown of how the minimum wage laws will affect all Western Growers members.

California

In 2016, SB 3 was signed to gradually increase the minimum wage in California to $15 per hour by 2022. Beginning January 1, 2018, employers with 26 or more employees will be required to pay non-overtime-exempt employees $11.00 per hour while businesses with 25 or fewer employees will have to pay their non-exempt employees $10.50 per hour.

The increased minimum wage rate also impacts the salary thresholds for exempt executives, administrators and professionals under California law, increasing it to $45,760 annually for employers with at least 26 employees, and $43,680 for employers with 25 or fewer employees. Employers should also be aware that a number of cities, such as San Francisco, Emeryville and Oakland, have higher minimum wage rates than the state.

Arizona

Under Proposition 206, the Fair Wages and Healthy Families Act, Arizona’s minimum wage will increase to $10.50 per hour on January 1, 2018; $11.00 per hour in 2019; and $12.00 per hour in 2020. In 2021, the Arizona minimum wage will increase each year by the cost of living.

Colorado

With the passage of Amendment 70, effective January 1, 2017, Colorado’s minimum wage had been increased to $9.30 per hour and is increased annually by $0.90 each January 1 until it reaches $12 per hour effective January 2020. Thereafter, it will be adjusted annually for cost of living increases, as measured by the Consumer Price Index used for Colorado.  For 2018, the minimum wage in Colorado is $10.20.

New Mexico

The minimum wage in New Mexico remains $7.50 per hour, which is greater than the federal minimum wage of $7.25. Some cities and municipalities in New Mexico have established their own minimum wage rates, including:

• Albuquerque: $8.75
• Bernalillo County: $8.65
• Santa Fe: $10.84
• Santa Fe County: $10.66
• Las Cruces: currently $9.20 to increase to $10.10 on January 1, 2019.