Los Angeles Ban the Box, SF Parental Leave, and FLSA Overtime Rule Updates

Topics: Employee Benefits, Employee Hiring, Discipline & Termination, New Laws & Legislation, Wage & Hour Issues

There have been a few notable developments this past week.  First, San Francisco employers are reminded that the City's Paid Parental Leave Ordinance takes effect January 1, 2017 for employers with 50 or more employees and requires these employers to provide partial wage replacement for employees taking leave to bond with a new child under California's Paid Family Leave program.  The Ordinance will apply to employers with 35 or more employees on July 1, 2017, and to employers with 20 or more employees as of January 1, 2018.  The San Franicsco Office of Labor Standards Enforcement has issued proposed rules detailing and clarifying the Ordinance's requirements. Written comments may be submitted through December 12, 2016.  Employers with employees working in San Francisco should familiarize themselves with the proposed rules.

In other news, the Los Angeles City Council has approved a ban the box ordinance that would bar employers with ten or more employees from asking about criminal history on a job application.  The ordinance would still permit employers to inquire about criminal history after a conditional job offer has been made, but not beforehand. The Ordinance is not final yet, and is is being reported that the Council is going to vote on it again because the first vote was not unanimous (there was a lone dissenter).  However, it is expected that the Ordinance will be finally approved and will take effect early next year.  We will keep you posted of developments in this regard.

Finally, last week, the Department of Labor filed an appeal from the Texas district court order enjoining the new overtime exemption rules.  The appeal is pending before the Fifth Circuit Court of Appeals, and the DOL has asked for an expedited briefing schedule (which may or may not be approved).  It is difficult to predict how long it will take for the appellate court to resolve the appeal or how the court ultimately will rule on the merits.  However, it is highly unlikely that anything substantive will happen before the Trump administration takes over next month.  At this point, it appears more likely than not that the rule fares little chance of revival.