2016 will bring new changes to employment laws in the State of California, and these changes are ones that employers of all sizes and industries will want to take note of. The Law Office of Robert David Baker has more than 30 years of experience defending the rights of both business owners and employees in greater San Jose and across California and we’ve built our reputation on complete and zealous representation. If you have any questions about your employer’s compliance with the following laws, or if you are an employer concerned about your ability to comply with any of the following new laws, please contact our office today.

The following employment laws all took effect January 1, 2016 and generally apply to all employers in the State of California, with some limited exceptions.

  • Restrictions on employers’ use of the federal E-Verify worker program: Beginning on January 1, 2016 employers will only be legally authorized to run background checks through the E-Verify program on prospective workers who have received a formal work offer but have not yet begun work. Additionally, employers will be required in 2016 to “promptly” notify employees whose E-Verify information does not match the information provided by the prospective employee to the employer.
  • California’s Fair Pay Act: Section 1197.50 of the California Labor Code has been updated to reflect California’s passage of the state Fair Pay Act. This new law requires that California employers pay male and female workers who perform “substantially similar work” equal rates of pay, even if they work in different locations. Employers who face litigation due to alleged violations of the Fair Pay Act will have the burden of proof to justify pay differences between employees of opposite genders who perform substantially similar work.
  • Minimum compensation levels for computer software professionals classified as exempt workers: Pursuant to California Labor Code Section 515.5, in order to classify a computer software professional as an exempt employee, employer’s will be required to pay that worker a minimum of $41.85 an hour, or $87,185.14 a year.
  • State minimum wage increase: Starting January 1, 2016 the minimum wage in California will be $10.00 an hour. Employers take note though: many California cities including San Jose, San Francisco, Oakland and Berkeley have their own local minimum wage ordinances you’ll need to comply with.

Although there were additional employment laws passed in 2015 which will take effect this year, we believe that these ones will have the most widespread impact for employers in San Jose. If you are an employer in San Jose and are concerned with your company’s compliance with any employment law, whether federal or state, please contact our office today. Likewise, if you are a greater San Jose area employee who has been discriminated against by your employer, or your employer is refusing to comply with any employment law provision, contact the Law Office of Robert David Baker today. For more than 30 years, we’ve been getting justice and compensation for San Jose area employees.