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Employers topic to California’s employment legal guidelines will see a number of additions in 2024, in accordance with Caroline Donelan, accomplice at Clean Rome. Modifications will have an effect on compensation, depart and hashish rights, amongst different issues.
Donelan outlined what she deemed the “prime 5” authorized updates popping out of the Golden State in a Dec. 7 webinar.
A $16 per hour minimal wage
As some jurisdictions transfer to a $15 minimal wage, California will keep forward of the curve. “In true California trend, we noticed your $15 and we raised you $1,” Donelan stated. The $16 minimal wage takes impact Jan. 1 for all employers, no matter measurement. Furthermore, “you need to take into consideration the truth that this not solely impacts your hourly staff, however this raises the minimal wage threshold in your exempt workers as nicely,” Donelan added. “In order that now could be as much as $66,560 per 12 months.”
Some California cities have larger minimal wages as nicely and employers additionally should control industry-specific necessities. The state units separate wage necessities for healthcare staff, for instance.
Paid sick and secure depart
California workers will quickly typically be entitled to 5 days or 40 hours, whichever is larger, of paid sick and secure depart.
Donelan stated a few of her agency’s shoppers have chosen to keep up one complete PTO coverage, however employers that select this path should guarantee they’re permitting staff to make use of day off for coated causes. Native legal guidelines might overlap with this requirement, too, and will even battle on the subject of documentation necessities, she famous, suggesting employers seek the advice of authorized counsel earlier than requiring documentation or disciplining an worker for failing to supply documentation.
Employers might wish to make specific word of the legislation’s protection of depart for the well being situation of somebody an worker names as their “designated individual.” A standard familial relationship shouldn’t be required, Donelan stated; “It is a model new, very progressive — comparatively talking — […] type of protecting depart.”
Reproductive loss depart
California workers additionally can be entitled to five days of reproductive loss depart beginning Jan. 1. The rights transcend miscarriage, additionally masking failed adoptions, failed surrogacy, stillbirth or an unsuccessful assisted replica.
Employers will wish to train warning when requesting info from staff for this depart, Donelan stated. As a result of the mandate is new, “we have no litigation decoding the steadiness of what you’ll be able to ask your workers so we’re sometimes counseling folks to be very aware of privateness issues.”
Any info that workers present referring to a reproductive loss must be thought-about confidential, Donelan suggested; it shouldn’t be disclosed to anybody apart from inside personnel on a need-to-know foundation.
Hashish nondiscrimination
A pair of payments expanded the rights of hashish customers in California, efficient Jan. 1. One will outlaw employment discrimination based mostly on off-duty hashish use; the opposite will prohibit employers from asking about prior hashish use when hiring.
Donelan stated her agency has fielded questions from employers with workforces that serve kids or function harmful equipment; the important thing, she stated, is remembering that these legal guidelines don’t apply if an employer is “in any other case permitted to contemplate or inquire about hashish use info below the legislation.”
A crackdown on noncompetes
The state has doubled down on its longstanding coverage in opposition to noncompetes, Donelan stated. First, noncompetes signed wherever — no matter whether or not the individual works outdoors of California — can be thought-about void below California legislation.
Questions stay about that laws, particularly: “We will see numerous challenges to that,” Donelan stated. And second, employers are prohibited from providing sure noncompetes and should additionally present discover to staff that sure beforehand signed agreements are void. Donelan stated it is essential that HR seek the advice of with counsel earlier than both adopting or making an attempt to implement a noncompete to weigh the dangers and advantages.
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