California's personnel record requests requires employers to respond within 30 days, make records available at specified locations, and comply with identity verification. Non-compliance may lead to penalties.
On October 10, 2023, Governor Gavin Newsom signed Senate Bill 365 ("SB 365") into law, amending Section 1294 of the Code of Civil Procedure. The bill, effective from January 1, 2024, addresses the automatic stays during the appeal of orders dismissing or denying petitions to compel arbitration. Unlike the existing law, where an appeal triggers an automatic stay, SB 365 modifies this provision. Section 1 of the bill revises Section 1294, explicitly stating that trial court proceedings will not automatically stay during the appeal of orders related to arbitration. This change adds a dynamic element to the legal landscape for arbitration disputes, allowing trial courts to proceed with relevant proceedings while an appeal is ongoing. It's crucial to note that this modification doesn't extend to other types of appeals listed in Section 1294. The implementation of SB 365 reflects a nuanced consideration of the balance between the rights of parties involved in arbitration disputes and the efficient progression of legal proceedings.
As of January 1, 2024, California has implemented significant changes in employment laws. Key highlights include a statewide minimum wage increase to $16 per hour, with exempt employees requiring a minimum annual salary of $66,560. SB 365 eliminates the automatic stay of trial court proceedings during arbitration appeals, potentially leading to litigation of underlying claims. SB 497 simplifies retaliation claims, introducing a rebuttable presumption of retaliation and prohibiting employers from impeding employee disclosures. SB 616 enhances paid sick leave benefits, providing flexibility in accrual methods. AB 636 updates the Wage Theft Prevention Notice, and SB 699 reinforces the ban on noncompete agreements. SB 700 extends protections against cannabis-related discrimination, while SB 848 grants leave entitlement for reproductive loss. SB 553 mandates a workplace violence prevention plan effective from July 1, 2024, and AB 594 authorizes public prosecutors to address wage hour violations until January 1, 2029.
As of January 1, 2024, California has implemented a significant increase in its minimum wage, impacting a broad spectrum of industries and workers across the state. The new minimum wage stands at $16.00 per hour.
On October 10, 2023, Governor Gavin Newsom signed Senate Bill 848 (“SB 848”), which introduces new provisions to the California Fair Employment and Housing Act. Effective January 1, 2024, SB 848 makes it unlawful for employers to deny eligible employees up to five days of reproductive loss leave following events like failed adoptions, surrogacies, miscarriages, stillbirths, or unsuccessful assisted reproduction. This leave must be taken within three months of the event, in line with existing leave policies, and may be unpaid in the absence of such policies. SB 848 also prohibits employer retaliation against individuals exercising this right, emphasizing the need for confidentiality regarding reproductive loss situations.
Assembly Bill 636 ("AB 636") extends the Wage Theft Prevention Act's notice requirements to H-2A farmworkers. Effective from January 1, 2024, employers must update notices for nonexempt employees, and by March 15, 2024, H-2A agricultural employers must comply with new notice provisions for their workers, providing comprehensive information about their legal rights.
The City of Los Angeles has taken a significant step to safeguard the rights of freelance workers with the implementation of a new ordinance. The ordinance, known as Ordinance No. 187782, aims to address the unique challenges faced by freelance workers and provide them with essential protections. Recognizing the vital role played by freelancers in today's economy, the City of Los Angeles seeks to ensure fair treatment and proper compensation for these independent contractors.
When terminating an employee, it's crucial to follow the provisions set forth in the California Labor Code. When an employee is discharged, their final paycheck, inclusive of earned vacation pay, must be issued immediately. For those resigning without prior notice, payment must be made within 72 hours, while a minimum 72-hour notice from the employee warrants immediate payment at the time of quitting. Failure to meet these timelines may result in penalties under Labor Code § 203.
In California, employers have the ability to establish policies regarding the accrual and eligibility of vacation time. Per California Labor Code § 227.3, earned vacation time is considered wages and is accrued as labor is performed. For instance, if an employee is entitled to two weeks (10 workdays) of vacation per year, they would have earned five days of vacation after six months of work.
Anti-discrimination training is crucial for cultivating inclusive workplaces. These trainings offer benefits that extend beyond mere compliance.
On October 7, 2023, Governor Gavin Newsom approved SB 700, a pivotal amendment to the existing Fair Employment and Housing Act ("FEHA"). SB 700 introduces protections for job applicants and employees against discrimination based on their past cannabis use, with some exceptions. SB 700 will go into effect on January 1, 2024.
On October 8, 2023, Governor Gavin Newsom approved SB 497, also known as the Equal Pay and Anti-Retaliation Protection Act. SB 497 introduces pivotal changes to California Labor Code Sections 98.6, 1102.5, and 1197.5, with the intent of strengthening safeguards for employees involved in specific protected activities. SB 497 goes into effect on January 1, 2024.
Starting from November 1, 2023, employers who fail to use the 08/01/23 edition of Form I-9 may be subject to all applicable penalties under section 274A of the Immigration and Nationality Act ("INA"), 8 U.S.C. 1324a. These penalties will be enforced by U.S. Immigration and Customs Enforcement ("ICE"). After October 31, 2023, the prior version of Form I-9 will be considered obsolete and no longer valid for use.
The California Civil Rights Council recently amended the regulations interpreting California’s 2018 Fair Chance Act, which went into effect on October 1, 2023. The new regulations add restrictions, make clarifications, and significantly change the California background check process.
Effective January 1, 2024, California employers are required to increase the amount of sick leave provided to California employees from 24 hours to 40 hours. "California's Paid Sick Leave Overhaul: A Comprehensive Guide to SB 616" "Navigating Change: Understanding California's New Paid Sick Leave Law" "Workplace Evolution: Breaking Down SB 616's Impact on Sick Leave" "From 24 to 40: Unpacking California's Extended Paid Sic...
The Law Office of Catherine Chukwueke provides external workplace investigation services for companies and organizations. With a profound understanding of California's intricate employment laws and a dedication to upholding the highest legal standards, our firm is exceptionally positioned to assist organizations in ensuring a fair and legally compliant investigation process.
In recent years, there has been a growing awareness of the need to protect the rights of pregnant employees and ensure that they receive the necessary accommodations to thrive in the workplace. Federal legislation in the United States has been put in place to address these concerns comprehensivel...
On September 29, 2022, Governor Gavin Newsom approved AB 1655, a legislative measure commonly referred to as the Jones-Sawyer bill. This pivotal bill elevated June 19, celebrated as "Juneteenth," to the list of state holidays in California.
In California, labor laws adhere to an "at-will" employment principle, allowing employers and employees to terminate the employment relationship at any time for any reason, as long as it's not unlawful. While this offers flexibility, it can pose challenges. However, structured employment contracts bring several advantages, including clarifying job terms
Governor Gavin Newsom signed Senate Bill 699 ("SB 699") on September 1, 2023, reinforcing California's ban on noncompete agreements. This law voids such agreements, regardless of where or when they were signed, prohibits employers from enforcing them, and empowers employees to take legal action against employers who violate these provisions, including recovering attorney's fees and costs. Compliance with SB 699 mandates that employers refrain from having employees enter into noncompetition agreements, aligning with California's commitment to preserving employee mobility and fostering economic growth.
AB 1949 requires covered employers to provide eligible employees with five (5) days of bereavement leave. AB 1949 became effective on January 1, 2023.
An employer cannot legally fire an employee for filing a workers' compensation claim.
Effective April 1, 2023, retail employers in the City of Los Angeles will be required to provide employees with at least 14 days advance notice of their work schedules and to compensate employees in the event of schedule changes.
AB 1041 allows employees to use their time to tend to the medical needs of a “designated person” and expands the class of people that an employee can identify as a “designated person.”
The Contraceptive Equity Act of 2022 (SB 523) amends the California Fair Employment and Housing Act (FEHA) to include “reproductive health decision-making” to the list of classes protected from discrimination by employers. “Reproductive health decision-making” as defined “includes, but is not limited to, a decision to use or access a particular drug, device, product, or medical service for reproductive health.”
