Although the temperature still feels like summer, one thing does feel like fall – Governor Newsom just finished his review of the pending employment-related bills. Below is a brief summary of the key laws affecting California employers. Unless otherwise noted, all laws take effect on January 1, 2025.
Discrimination
AB 1815 clarifies that “race,” as a category protected against discrimination under the Unruh Civil Rights Act, the California Fair Employment and Housing Act (FEHA), and the Education Code, includes traits associated with race, such as hair texture and protective hairstyles, as defined.
AB 2499 requires employers to provide job-protected leave to an employee who is a victim, or who has a family member who is a victim, of a “qualifying act of violence.” The law also permits the use of sick leave for this purpose. You will definitely need to revise your handbook to comply with this development.
SB 1100 makes it an unlawful employment practice for an employer to require job applicants to have a driver’s license unless: (1) the employer reasonably expects driving to be one of the job functions for the position; and (2) the employer reasonably believes that satisfying the job function through an alternative form of transportation would not be comparable in travel time or cost to the employer.
SB 1137 amends the FEHA to specify that “protected characteristics” include a combination of two or more protected traits (“intersectionality”).
SB 1340 mandates that the Civil Rights Department collaborate with local agencies to prevent and eliminate unlawful EEO practices. Local agencies may now play a more active role in handling discrimination complaints, potentially providing quicker and more localized responses. Notably, local enforcement may occur only after the Civil Rights Department issues a right-to-sue notice; however, the statute of limitations provided in the right-to-sue notice is extended during any local enforcement.
Labor Relations
SB 399 enacts the California Worker Freedom from Employer Intimidation Act prohibits employers from discharging or engaging in discrimination or retaliation against an employee for declining to attend an employer-sponsored meeting intended to communicate the employer’s opinion about religious or political matters.
Private Attorneys General Act (PAGA)
AB 1034 extends until January 1, 2038, the current exemption from the provisions of PAGA for employees in the construction industry who are covered by a collective bargaining agreement.
Disability and Leave
AB 2123 eliminates an employer’s ability to require employees to use up to two weeks of accrued vacation before receiving benefits under California’s Paid Family Leave Program.
SB 1105 expands existing paid sick leave provisions to allow agricultural employees who work outside to use their currently entitled paid sick days to avoid smoke, heat, or flooding conditions created by a local or state emergency.
Wage and Hour
AB 2299 requires the Labor Commissioner to develop a model list of employees’ rights and responsibilities under existing whistleblower laws for employer use to meet existing posting requirements.
AB 3234 requires an employer that voluntarily subjects itself to a social compliance audit to post on its business website a report detailing the findings of that audit including specific findings regarding child labor.
SB 988 establishes the Freelance Worker Protection Act to impose minimum requirements relating to contracts between a hiring party and a freelance worker, as defined. Among other things, the Act requires a hiring entity to 1. provide a written contract to the freelance worker; 2. pay a freelance worker the compensation specified by such contract, as provided; and 3. authorizes an aggrieved freelance worker or a public prosecutor to bring a civil action to enforce these provisions.
Wondering how to ensure your organization is compliant? Join Shaw Law Group’s 24th annual legal update this year to learn everything you need to know! Click here to register for one of our three dates.
