Keeping up with California’s ever-changing employment laws can be challenging for employers. Here’s an overview of new employer obligations regarding employees and the workplace:
- Benefits Changes—Paid Sick and Reproductive Loss Leave: Paid Sick Leave has increased from 24 hours to 40 hours annually, with increased accrual and carryover caps. Additionally, employers with five or more employees are now required to provide eligible employees with up to five days of leave for statutorily defined “reproductive loss” (separate from bereavement leave).
- Minimum Wage: The overall minimum wage has increased to $16/hour for all employees, with additional multitiered minimum wage structures for healthcare workers and a $20/hour minimum wage for fast-food workers.
- Workplace Violence Protections: All employers must establish a Workplace Violence Prevention Plan, including conducting hazard evaluations, maintaining incident logs, and providing employee training. Employers may now also seek restraining orders on behalf of harassed employees.
- Discrimination and Retaliation: Newly enacted laws create a rebuttable presumption of discrimination or retaliation when an employer takes adverse actions (such as employment termination) within 90 days of statutorily protected conduct. Employer civil penalties were increased from $10,000 generally, to $10,000 per employee, per violation. Employers are also generally prohibited from discriminating against job applicants for prior cannabis use.
- Noncompete Agreements and Notice Requirements: Employers will now face civil liability for entering into or attempting to enforce unlawful noncompete agreements, regardless of where the agreement was signed. Employers must provide written notice to employees stating that any existing unlawful noncompete agreements are void.
- Defamation Privilege: The defamation privilege (sometimes called the “litigation privilege,” Civil Code § 47) has been expanded to protect communications made regarding incidents of harassment, discrimination, or sexual assault, which are made without malice. This new law also entitles a prevailing party to recover attorney’s fees and costs, and treble and punitive damages.
- Enforcement of Arbitration Agreements: Appeals of arbitration decisions may not automatically stay the case, requiring continued litigation in court.
- New Hire Notices: In the written notice provided to new hires, employers must now disclose information about federal or state disaster declarations applicable to the county where the employee will be employed.
As these laws come into effect, it’s important for California employers to stay informed and ensure compliance. Consulting with knowledgeable lawyers can help employers successfully navigate these new laws.
Anthony Lanza and Brodie Smith are litigation and trial attorneys licensed in California, have developed a focused practice area in federal business litigation and civil RICO. They can be contacted at (949) 221-0490.
The information in this blog post does not constitute legal advice, nor create and attorney-client relationship. Laws constantly change, and this information may become outdated; moreover, the information here is only a general overview and may omit some aspects of the law. It is provided for discussion purposes only; not to be relied upon by the reader in making any decisions