The pace of employment law developments can be fast and furious at the end of the year.  Below are a few things you should carefully review. 

• Updated Paid Sick Leave Guidance. The DIR updated its Paid Sick Leave (“PSL”) FAQs to reflect the revised requirements effective on January 1, 2024. Perhaps most helpful is the guidance for employers who do not use January 1 as the start of their 12-month period for PSL. Employers that use the front loading method may choose between frontloading two additional PSL “days” on January 1, or move the measurement of the yearly period to January 1, 2024, and frontload five days. Employers that use the accrual method with a cap on PSL usage at three days or 24 hours must change the cap to five days or 40 hours on January 1, 2024. So, if an employee has reached the three-day/24-hour cap as of 12/31/23, then they must start accruing an additional two days or 16 hours on January 1, 2024.

• Updated Labor Code Section 2810.5 Form Available. Effective January 1, 2024, Labor Code section 2810.5 notices must include information about the existence of a federal or state emergency or disaster declaration applicable to the county where the employee will be employed, if it was issued within 30 days before the employee’s first day of employment and may affect their health and safety. Good news! DIR has already updated their template, which is available for download here. Remember, all non-exempt employees must receive a section 2810.5 notice upon hire, and when information in the form changes that is not included on the itemized wage statement. You only need to issue the form to current employees if there is an emergency or disaster declaration in place. Otherwise, just be sure you give new employees the new form.

• IRS’ 2024 Mileage Rate. The Internal Revenue Service announced its 2024 optional mileage reimbursement rates as 67 cents per mile, a 1.5 cent increase from 2023. Remember, according to the DLSE, this rate presumptively reimburses for an employee’s business-related use of a personal vehicle; if you pay less, you lose the benefit of the presumption.

• EEOC’s “Failure to File Deadline” is Fast Approaching. Did you miss the December 5, 2023, deadline to submit your EEO-1 Component 1 reports? You must file as soon as possible, and no later than January 9, 2024. After that date, the EEOC will not accept additional reports. Find more information here.

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Get prepared for 2024 and join us for our final Annual Employment Law Update session on January 9, 2024!  Click the link for details.