2021 has already seen a lot of new laws concerning employers around the country. Some of them are pretty small and meaningless on a day-to-day basis, but others have a strong effect on every employer’s and employee’s life. The best thing you can do is stay on top of them and stay in touch with your EEOC lawyer regarding the implementation of these new rules.
“No rehire” provision in settlements:
The “no rehire” clause in all settlement cases was prohibited by the old Californian law. But what is “no rehire” provisions? In essence, a no rehires clause of a settlement document indicates that the employee being settled cannot apply for a job in the same company or sister companies ever again. This was prohibited due to it being classified as an act of retaliation.
The new law has flipped it on its head, and the no rehire provision can be added to settlement agreements. The employer can now prohibit the employee from filing a job application in their company or related entities forever. The only condition is that it is stated clearly in the agreement that the no rehire provision is not related to retaliation or discrimination, and both parties agreeing on it.
Minimum wage increase:
Seeing the state of the economy, inflation, and state of poverty, this law was inevitable, but currently, it is in its infancy. The minimum wage has been raised in California, but not by much. If your company has 26 or more than 26 employees, then the minimum wage that you have to provide is $14. On the contrary, if your company has under 25 employees, then the minimum wage is a solid $13. Local laws can differ from area to area. It is best to consult an attorney or lawyer and check your local laws for a detailed summary of minimum wage requirements.
Under this new law, all employers with more than 100 employees are required to submit an annual EEO-1 report. This report includes things like the number of employees in each ethnic, racial, and sex group, their relative salaries, number of hours worked by each employee, and other similar things. The report is due on or before the 31st of March and will be the same way for the years to come. The main purpose of this reporting is to keep a mandatory tab on large organizations.