Employers topic to California’s employment legal guidelines will see a couple of additions in 2024, based on 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 style, we noticed your $15 and we raised you $1,” Donelan mentioned. The $16 minimal wage takes impact Jan. 1 for all employers, no matter dimension. Furthermore, “you need to take into consideration the truth that this not solely impacts your hourly employees, however this raises the minimal wage threshold to your exempt staff as properly,” Donelan added. “In order that now’s as much as $66,560 per yr.”
Some California cities have greater minimal wages as properly and employers additionally should control industry-specific necessities. The state units separate wage necessities for healthcare employees, for instance.
Paid sick and protected depart
California staff will quickly usually be entitled to 5 days or 40 hours, whichever is bigger, of paid sick and protected depart.
Donelan mentioned a few of her agency’s purchasers have chosen to keep up one complete PTO coverage, however employers that select this path should guarantee they’re permitting employees to make use of break day for coated causes. Native legal guidelines could overlap with this requirement, too, and will even battle relating to documentation necessities, she famous, suggesting employers seek the advice of authorized counsel earlier than requiring documentation or disciplining an worker for failing to offer documentation.
Employers could 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 particular person.” A conventional familial relationship will not be required, Donelan mentioned; “It is a model new, very progressive — comparatively talking — […] type of protecting depart.”
Reproductive loss depart
California staff additionally will probably be entitled to five days of reproductive loss depart beginning Jan. 1. The rights transcend miscarriage, additionally protecting failed adoptions, failed surrogacy, stillbirth or an unsuccessful assisted copy.
Employers will wish to train warning when requesting data from employees for this depart, Donelan mentioned. As a result of the mandate is new, “we have no litigation decoding the stability of what you may ask your staff so we’re sometimes counseling individuals to be very aware of privateness issues.”
Any data that staff present referring to a reproductive loss ought to be thought-about confidential, Donelan suggested; it shouldn’t be disclosed to anybody apart from inner 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 primarily based on off-duty hashish use; the opposite will prohibit employers from asking about prior hashish use when hiring.
Donelan mentioned her agency has fielded questions from employers with workforces that serve youngsters or function harmful equipment; the important thing, she mentioned, 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 data beneath the legislation.”
A crackdown on noncompetes
The state has doubled down on its longstanding coverage towards noncompetes, Donelan mentioned. First, noncompetes signed anyplace — no matter whether or not the particular person works exterior of California — will probably be thought-about void beneath California legislation.
Questions stay about that laws, specifically: “We’ll see numerous challenges to that,” Donelan mentioned. And second, employers are prohibited from providing sure noncompetes and should additionally present discover to employees that sure beforehand signed agreements are void. Donelan mentioned it is essential that HR seek the advice of with counsel earlier than both adopting or trying to implement a noncompete to weigh the dangers and advantages.