From noncompete agreements to workplace health and safety, California implements a range of new laws to protect employees and promote fair labor practices.
As the new year begins, California is ushering in a wave of new employment laws aimed at safeguarding workers’ rights and promoting fair labor practices. From voiding noncompete agreements to addressing workplace health and safety, these laws reflect the state’s commitment to protecting employees and fostering a more equitable work environment. In this article, we will delve into the details of these new laws, exploring their implications and potential impact on both employers and employees.
1: Voiding Noncompete Agreements – AB 1076 and SB 699
Noncompete agreements have long been a contentious issue in the employment landscape, often limiting workers’ mobility and career opportunities. California has taken a firm stance on this matter with two new laws, AB 1076 and SB 699. AB 1076 voids noncompete agreements that do not meet certain exceptions, while SB 699 prohibits employers from entering into or enforcing noncompete agreements altogether. These laws aim to promote fair competition and provide employees with more freedom to pursue their professional aspirations.
2: Notice Requirements – AB 1355 and AB 636
California has also enacted new laws regarding notice requirements for employers. AB 1355 allows employers to email employees’ statements of earned income tax credits and unemployment benefits, with the employees’ written consent. It also prohibits adverse actions against employees who choose to opt out of receiving electronic statements. Additionally, AB 636 mandates that employers include information about emergency or disaster declarations in the required notice to new employees. Furthermore, it requires employers to provide this information, along with details about agricultural employee rights, in English and Spanish to employees admitted to work under the federal H-2A agricultural visa.
3: Unemployment Compensation and Cannabis Use – AB 1389 and AB 2188
To address issues related to unemployment compensation and cannabis use, California has implemented AB 1389 and AB 2188. AB 1389 extends the response time for a levy for delinquent payment of employer contributions for Unemployment Insurance and Employment Training Tax. On the other hand, AB 2188 prohibits discrimination in hiring, termination, or terms and conditions of employment based on cannabis use during non-work hours, except for employees in the building and construction trades. These laws aim to provide greater protection to employees and ensure fair treatment in the workplace.
4: Enforcement of Labor Code – AB 594
AB 594 empowers public prosecutors to bring civil or criminal actions for Labor Code violations. It also renders any agreement between a worker and employer that limits representative actions or mandates arbitration unenforceable in actions by the Labor Commissioner or public prosecutor. This law strengthens the enforcement of labor laws and ensures that workers’ rights are upheld.
5: Grocery Stores & Business Restructuring, Sexual Harassment and Discrimination – AB 647 and AB 933
AB 647 expands the rights of employees during a change of control of a grocery establishment and includes grocery distribution centers in the definition of a grocery establishment. This law aims to protect employees’ rights and ensure their fair treatment during such transitions. Additionally, AB 933 establishes that complaints and related communications regarding sexual assault, harassment, or discrimination are privileged, protecting them from civil actions such as defamation suits. These laws contribute to creating a safer and more inclusive work environment.
6: Fast Food Franchises, Arbitration Proceedings and Procedure – AB 1228 and SB 365
AB 1228 establishes a Fast Food Council, tasked with making recommendations for new standards specific to the fast food industry. It also implements a new minimum wage rate of $20 per hour for employees at a “National Fast Food Chain.” SB 365 clarifies that an appeal from an order dismissing or denying an employer’s petition to compel arbitration does not automatically stay trial court proceedings. These laws aim to address specific issues within the fast food industry and ensure fair treatment for employees.
7: Wage and Hour, Discrimination and Retaliation – SB 476 and SB 497
SB 476 clarifies that time employees spend completing food handler training and certification is compensable “hours worked.” It also requires employers to reimburse employees for necessary expenditures or losses incurred in obtaining a food handler card. SB 497 creates a rebuttable presumption against an employer in a claim by an employee or applicant for discrimination, retaliation, or adverse action within 90 days of their protected conduct. This law also establishes civil penalties for violations. These laws strengthen protections for employees and promote fair compensation practices.
8: Workplace Health and Safety, Paid Sick Leave, and Layoffs and Right to Recall – SB 553, SB 616, and SB 723
SB 553 requires employers to implement a workplace violence prevention plan and provide training to employees. It also allows a collective bargaining representative to seek a restraining order against an employee who poses a credible threat of violence. SB 616 increases the number of job-protected paid leave hours employees can receive and use each year. It also extends some protections to employees covered by a collective bargaining agreement. SB 723 extends the right to recall for employees in the hospitality industry laid off due to the COVID-19 pandemic until December 31, 2025. It also creates a presumption that separations due to lack of business or other economic reasons are due to COVID-19. These laws prioritize workplace safety, employee well-being, and job security.
Conclusion:
California’s new employment laws reflect the state’s commitment to protecting workers’ rights and promoting fair labor practices. From voiding noncompete agreements to addressing workplace health and safety, these laws aim to create a more equitable work environment. Employers must familiarize themselves with these changes to ensure compliance, while employees can expect greater protection and fair treatment in the workplace. As California leads the way in enacting progressive employment legislation, other states may look to follow suit, ushering in a new era of worker-centric policies nationwide.
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