2018 New California Laws

New 2018 California laws include the following:

Proposition 64, which was enacted by the voters in the general election in November 2016, became effective in January 2018. This proposition changes the state laws concerning marijuana use in California but it does not affect the federal laws for marijuana. The federal administration Department of Justice at the time the proposition was passed had a policy not to prosecute individuals who possess or use marijuana in states where the use was legal under state law. The new federal administration Department of Justice has explicitly taken the opposite position and announced its intentions to aggressively prosecute individuals in states where marijuana is legal.

In 2018, the Labor Code new amendments prohibit an employer from inquiring about an applicant’s salary history as part of the process for employment.
Also, it is now an unlawful employment practice under California Fair Employment and Housing Act (FEHA) for an employer with 5 or more employees to include on any application for employment any question about an applicant’s conviction history or to inquire into or consider the conviction history of an applicant until after the applicant has received a conditional offer.

A new 2018 law prohibits landlords from disclosing information regarding or relating to the immigration status or citizenship status of a tenant, occupant, or other person associated with a tenant or occupant for the purpose of influencing a tenant to vacate a dwelling or for eviction of the tenant. Landlords in the past have been prohibited from inquiring about information regarding or relating to the immigration status or citizenship status of a tenant, occupant, or other person associated with the tenant as part of the rental application. Now there are also prohibitions about giving information regarding or relating to the immigration status or citizenship status of a tenant to immigration authorities, law enforcement agencies, or any other local, state, or federal agency.

The New Parent Leave Act prohibits an employer who employs at least 20 employees from refusing to allow an employee with more than 12 months of service with the employer to take up to 12 weeks of parental leave to bond with a new child within one year of the child’s birth, adoption, or foster care placement. The law also prohibits an employer from refusing to maintain and pay for coverage under a group health plan for an employee who takes this leave.