-California’s reputation for progressive employment laws precedes it. But for employers and employees alike, keeping track of the latest regulations can feel like a never-ending game of catch-up. 2024 brings a fresh wave of changes. Let’s unpack some of the critical updates:
California employers must now develop and implement a comprehensive workplace violence prevention plan. It should outline procedures for identifying workplace violence risks, reporting incidents, and providing employee training.
Employees experiencing pregnancy loss can now access unpaid leave under existing company leave policies (sick leave, bereavement leave, etc.). This recognizes the emotional and physical toll of pregnancy loss and allows employees time to heal.
California strengthens protections for whistleblowers and employees exercising their rights. The law institutes a “rebuttable presumption” of retaliation if an employer takes damaging action within 90 days of protected activity (e.g., filing a wage claim). This shifts the burden of proof, making it easier for employees to challenge retaliation.
Building upon previous efforts to support employee health and welfare, California has expanded its paid sick leave provisions. Employers must now provide up to 72 hours of paid sick leave per year, accruing at a rate of one hour for every 30 hours worked.
California is raising its minimum wage to $16 per hour. The minimum wage for exempt employees will also go up to $66,560. Some cities and counties have minimum wages that are even higher than the state’s. For example, healthcare workers will make between $18 and $23 per hour, and fast-food workers will get $20 per hour.
Previously, appeals of motions to compel arbitration automatically paused legal proceedings. In a significant development impacting arbitration proceedings, California has abolished the automatic stay provision during appeals of motions. This not only compels arbitration decisions but also allows cases to proceed in court while the arbitration appeal is pending.
To enhance enforcement mechanisms and deter violations of labor laws, California has introduced stricter penalties for non-compliance with the state’s labor code. The California Division of Labor Standards Enforcement (DLSE) now has the authority to prosecute certain labor code violations, such as wage theft, in criminal court.
In a bid to promote mobility and innovation in the labor market, California continues its stance against noncompete agreements. California has further restricted the use of non-compete agreements, making them generally unenforceable for employees below a certain salary threshold and in specific industries.
While California legalized recreational cannabis use, employers can still maintain a drug-free workplace policy. These new laws clarify limitations on employer restrictions regarding off-duty cannabis use.
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