- Written by Rebecca Hause-Schultz
Ask The Locals: Cities and Counties Enacting Their Own Wage Ordinances
By: Rebecca Hause-Schultz
In addition to complying with state and federal minimum wage standards, California employers must also be aware of local wage and hour ordinances. Local wage ordinances allow cities and counties to enact more employee-friendly minimum wage regulations and are becoming more popular. California cities and counties have enacted a variety of ordinances affecting wage and hour law, including: a higher minimum wage than required by state law, implementation schedules for increasing minimum wages that differ from state law; and implementation of paid sick leave laws that exceed California’s statewide minimums.
- Written by Anthony Oceguera
The Saqui Law Group previously discussed significant changes to the California Fair Pay Act (i.e., Labor Code section 1197.5) made by Senate Bill 358, which was passed into law last year. That E-Blast can be found here. As a refresher, Senate Bill 358 put the burden on the employer who is sued to show that any pay difference between men and women performing substantially similar work was based on: 1) A seniority system; 2) A merit system; 3) A system measuring earnings by quantity or quality of production; or 4) By some other factor that is not based on sex but is related to the position in question and is a business necessity.
Emboldened by its success, the California legislature passed two additional bills this year – Assembly Bill 1676 and Senate Bill 1063 – that further expand the reach and impact of the California Fair Pay Act.
Assembly Bill 1676 expressly prohibits employers from considering prior salary as the sole justification for any disparity in compensation. Before it was amended, this bill also would have prohibited employers from seeking an applicant’s salary history. However, California will not go as far as some states, such as Massachusetts, which recently prohibited employers from requesting compensation history prior to making an offer and will, instead, allow employers to continue to request prior salary information.