. In 2022, California Gov. Californias Legislature has repeatedly tried to create a statutory right to bereavement leave. Notably, an emergency condition does not include a health pandemic. This bill also requires an employer to keep a log of all the dates the notice was posted, and requires the employer to allow the Labor Commissioner to access those records. Providing our clients with legal, strategic, and practical advice to make transformational changes in their organizations. This bill also amends the information that must be included in applications for participation in the Safe at Home Program. We are experienced in virtually every aspect of workplace law. California has passed several employment laws in 2022, including: a requirement for employers to disclose pay scale information in any job advertisements; expansion of employees' leave care. The choice of a lawyer or other professional is an important decision and should not be based solely upon advertisements. Chief Information Officer of Publicly Traded Pharmaceutical Company United States Department of Justice (DOJ). EPA Requests Public Comment on Proposed Cleanup at the Pierson's FTC, DFPI Shut Down Mortgage Relief Operation, The Impact of FTXs Collapse: Insights on What Comes Next, Midterm Elections: What Happens Now? Employers with California employees know to anticipate a multitude of new employment laws each year, and 2023 will be no different. California's recent pay transparency law was signed in September and will go into effect on the first day of 2023. 5 of the Industrial Welfare Commission. It also sets new pay data reporting requirements based on protected characteristics, changes the date for submitting pay data reports and establishes significant civil penalties for non-compliance. Excluded from the definition of eligible employer are sole proprietorships, self-employed individuals, or other business entities that do not employ any individuals other than the owners of the business. While many states, cities and counties seem to be willing to pass employment laws and regulations at any time, the. Any standards mandated by the Council do not apply to union-represented employees if the collective bargaining agreement that applies to them meets certain minimum requirements and provides protections that are equal to or greater than the standards. AB 257 also empowers the Labor Commissioner, the Division of Occupational Safety and Health, and the Civil Rights Department to ensure compliance with the Councils standards. Statutory bereavement leave is unpaid, but the employer must allow the employee to use any accrued and unused paid vacation, personal leave, sick leave, or other paid time off for this purpose. AB 2188 - Off-Duty Marijuana Use. The increase in benefits paid under the two programs may result in more employees taking advantage of job-protected leaves. This bill adds Section 339.5 to the Unemployment Insurance Code. AB 152 extends the expiration date to December31, 2022. 2022 Labor Law Updates by State. This bill adds Section 512.1 to the Labor Code. SB 931 authorizes an employee organization that is subject to the jurisdiction of PERB to bring a claim before PERB alleging violations by the public employer. Of course, you can also contact the FordHarrison attorney with whom you usually work. Essay submissions must be received no later than Midnight, Pacific Time, July 15. These new options for certification of a union as the representative of the employees will remain available until AB 2183 sunsets on January1, 2028. What is your interest in employee rights? This bill does not require employers to provide additional hours of leave beyond the amount of SPSL under SB 114. This bill amends Section 12945.21 and 19859.3 of, and adds Section 12945.7 to, the Government Code. This bill also provides that the Investigators may issue a subpoena as part of their investigation. For more detailed information on AB 257, see our alert, Californias AB 257 greenlights civilian law-making council for large fast food employers and franchised brands.. AB 1041 amends the CFRA and expands the class of people for whom an employee may take leave to care for under the CFRA to include a designated person. This bill defines designated person to mean any individual related by blood or whose association with the employee is the equivalent of a family relationship. AB 1747 provides that the CSLB may also take disciplinary action against a licensed contractor for a willful or deliberate disregard of any state or local law relating to the issuance of building permits and authorizes a civil penalty against the contractor not to exceed $30,000 for any violation. These new laws address several topics, including supplemental paid sick leave, pay transparency, leaves of absence and fast-food restaurant employment standards. Kate has over 25 years of experience representing clients in a range of industries, across all areas of employment law. Some truckers say AB5 is the latest in a stream of regulations in California, including new emissions restrictions due to take effect Jan. 1, 2023, complicating their work. Governor Gavin Newsom has signed several bills into law that take effect on January 1, 2023, many of which may impact your organization. Existing law also creates a rebuttable presumption that certain employees contracted COVID-19 at work. This bill amends Section 7523.2 of the Government Code. Further, the Labor Commissioner is authorized to take assignments of violations of standards issued by the Fast Food Council upon the filing of a written claim by an employee or an employees representative. Emerson Bantegui Germaine Pena Finally, in the event a current or former employee brings an action that could be brought pursuant to the Labor Code Private Attorneys General Act (PAGA) for violations of these prohibitions, the bill gives employers the right to cure alleged violations as set forth in Section 2699.3. You are responsible for reading, understanding and agreeing to the National Law Review's (NLRs) and the National Law Forum LLC's Terms of Use and Privacy Policy before using the National Law Review website. 25% of the individual's disposable earnings for that week. These new laws, most of which go into effect January 1, 2023, are expected to have a significant impact on employers operating in California. 1156.37, 1160.10 and 1162 to the Labor Code. The California 4 major California employment law changes for 2023 Major themes include compensation and leave, but employers also will need to note legislation that adds new retaliation protections,. Write an essay between 500-750 words in length on the topic stated below. Don't miss any of our alerts, webinars and events. If such a policy offers fewer than five days of paid leave howeverfor example, two days of paid bereavementthe company must still provide an additional three days of protected leave, though those are unpaid. Executive Summary: California has passed a number of employment laws this year, including a requirement for employers to disclose pay scale information in any job advertisements; expansion of employees leave care rights; protections for cannabis users; and expansion of the states consumer privacy act as applied to employers. Covered employers must currently provide employees and applicants a notice that discloses (1)the categories of personal information the employer collects, and (2)the purposes for which it uses such information. Your Guide to 2023 California Employment Laws. The law will prohibit an employer from discriminating against a person in hiring, termination, or any term or condition of employment, if the. Boldly Go: A Day in the Life of Human Resources, CFPB Issues Latest Crack Down on Junk Fees. We also assist clients with important preventive measures, including audits, management and employee training, and handbook and policy review. Exiting law requires employers to provide notice to the local public health agency in the event of a COVID-19 outbreak. Section 12945.7 prohibits discrimination, interference or retaliation against an employee for taking bereavement leave; also, the employer must maintain confidentiality when an employee takes bereavement leave. Leave may be taken for the death of an employees spouse, domestic partner, parent, parent-in-law, grandparent, grandchild, child, or sibling. This bill amends Section 96 of, and adds Part 4.5.5 (commencing with Section 1470) to Division 2 of, the Labor Code. Under the bill, employees must first notify their employer (when feasible) of the condition giving rise to their belief that the workplace is unsafe and justifying them in leaving, or not reporting to work. The current statute of limitations applies to any action commenced on or after January 1, 2019. Unless otherwise stated, the following new laws will take effect January 1, 2023. As a result, on May12, 2022, Governor Newsom announced that Californias minimum wage will increase to $15.50 per hour for all employees beginning on January1, 2023, regardless of the size of the employer. Employees and applicants in the building and construction trades, and those who are subject to mandatory federal background checks, are exempt from the protections of AB 2188. See Minimum Wage. Beginning January 1, 2023, employees can take CFRA leave or paid sick leave to care for a "designated person." The recent session of the California Legislature produced a flurry of new laws that employers in the Golden State will have to comply with in 2023 or later. AB 2683 requires that each campus of the California Community Colleges and the California State University post educational and preventive information on sexual violence and sexual harassment on its campus internet website. California enacted SB 3 back in 2016, triggering a series of annual, incremental increases to the statewide minimum wage until it reached $15/hour. The Faegre Drinker Biddle & Reath LLP website uses cookies to make your browsing experience as useful as possible. Let's look at seven of the new rules that employers should know. They are only barred from discriminating against applicants and employees due to the presence of non-psychoactive cannabis metabolitescompounds that can stay within someones body for weeks after using cannabisin their system. Employers in California should prepare now to comply with new laws that will take effect on January 1, 2023. Additionally, there are several carve-outs to AB 2188. Failure to comply with the pay range disclosure or record retention requirements can result in penalties of up to $10,000 per violation. AB 551 extends the effective date of AB 845, which provides that if a member of certain firefighter, public safety and health care job classifications tests positive for COVID-19 and retires for disability on the basis of a COVID-19 related illness, it is presumed that the disability arose out of, or in the course of, the members employment, unless rebutted. AB 2693 extends and modifies these COVID-19-related requirements in four keyways. Making a workplace safety or health complaint or disclosing information to the media, the Legislature, a watchdog or community-based organization, or a governmental agency, as specified, on violations or noncompliance; Testifying or participating in a proceeding relating to employee or public health or safety, or any state or local Fast Food Council proceeding; Refusing to perform work the employee had reasonable cause to believe would violate employment, public health and safety laws or would pose a substantial risk to the health or safety of the employee(s) or the public. The California legislative session has finally come to a close, and this year there are a number of new labor laws that will really affect employers, Roberts says in kicking off the podcast. Additionally, our attorneys often author articles for, and are quoted in, major national and international publications. FHSGs consultants have unmatched knowledge and expertise in working with all types and sizes of organizations in different industries in both the private and public sectors. State Minimum Wage Increase. Existing law prohibits a public employer from deterring or discouraging public employees or applicants to be public employees from becoming or remaining members of an employee organization, authorizing representation by an employee organization, or authorizing dues or fee deductions to an employee organization. Voters passed the California Privacy Rights and Enforcement Act (CPRA) by a ballot initiative in November2020. Our lawyers and HR consultants focus on providing sound advice and counsel to clients in all aspects of labor and employment law and workforce management. New California Laws for 2023 and Beyond: What Employers Should Know | Faegre Drinker Biddle & Reath LLP, https://www.faegredrinker.com/-/media/images/professionals/no_photo_placeholder.jpg. Here are five new employment laws that every California employer should know: Through AB 1041, the California legislature amended Government Code section 12945.2 and Labor Code section 245.5 to expand the definition of designated person for purposes of employee medical leave. See Minimum Wage. The Fair Employment and Housing Councils name has also changed, and it is now referred to as the California Civil Rights Council. Also, many cities and local governments in California have enacted minimum wage ordinances exceeding the state minimum wage. By its terms, this bill is repealed as of January 1, 2028. California legalized the non-medical use of cannabis back in 2016 with the passage of Proposition 64. AB 152 also makes an employer-friendly tweak to the law. AB 257, signed by Governor Newsom on September 5, 2022, enacts the Fast Food Accountability and Standards Recovery Act (or FAST Recovery Act) and establishes the Fast Food Council within the Department of Industrial Relations until January 1, 2029. It also requires any employer with 15 or more employees to include the applicable pay scalemeaning the salary or hourly wage range that the employer reasonably expects to pay for the positionwith any job posting. Upon a finding by the board that the employer violated the law, the employer shall be subject to a civil penalty, to be deposited in the General Fund, of up to $1,000 per each affected employee, not to exceed $100,000 in total. Some became effective immediately upon the Governor's signature, and some become effective January 1, 2023. This bill amends Sections 6325 and 6409.6 of the Labor Code. Include a copy of your most recent college transcript. 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