California Employment and Labor Law Updates 2023


December

There were no employment and/or labor bills that were enacted that were identified.


November

There were no employment and/or labor bills that were enacted that were identified.


October

Searches: Supervised Persons

Bill

Senate Bill 852 (2023-2024)

Summary

Provides that courts are authorized to suspend the imposition or execution of punishments in certain criminal cases and instead enforce terms of probation or mandatory supervision. Provides that existing law authorizes the conditions of probation or supervision to include a waiver of the person’s right to refuse searches. Clarifies that a search of a person who is granted probation or mandatory supervision and subject to search or seizure must be performed only by a probation officer or peace officer.

Enacted

09/22/2023

Effective Date

01/01/2024

Topics

Industry: Public_employer


State employment: State Bargaining Unit 6 Agreement

Bill

Senate Bill 151 (2023-2024)

Summary

Appropriates a specified sum for State Bargaining Unit 6 for expenditure for the specified fiscal year in augmentation of, and for the purpose of, state employee compensation as provided in the Budget Act of 2023. Approves provisions of the memorandum of understanding entered into by the state employer and State Bargaining Unit 6.

Enacted

09/22/2023

Effective Date

09/22/2024

Topics

Industry: Public_employer


September

Background Checks and Fingerprinting: State Employment

Bill

Senate Bill 152 (2023-2024)

Summary

Requires specified agencies, including but not limited to, the Office of Youth and Community Restoration, the State Department of State Hospitals, the Department of Financial Protection and Innovation, the California Horse Racing Board, and the Controller’s office to submit to the Department of Justice fingerprint images and related information required by the Department of Justice for specified individuals, including employees, prospective employees, and contractors. Appropriates funds.

Enacted

09/13/2023

Effective Date

09/13/2024

Topics

Employer_Obligations: Background_checks; Industry: Govt_contractor


State Employment: State Bargaining Units

Bill

Senate Bill 148 (2023-2024)

Summary

Authorizes the state employer or those specified bargaining units to reopen negotiations if funds for these provisions are not specifically appropriated by the Legislature. Revises the normal contribution rate for state miscellaneous and industrial members who are represented by State Bargaining Unit to compensation in excess of specified amount per month paid to a member whose service has been included in the federal system.

Enacted

09/13/2023

Effective Date

09/13/2024

Topics

Industry: Public_employer


Smoking Tobacco in the Workplace: Transient Lodging

Bill

Senate Bill 626 (2023-2024)

Summary

Provides that the California Occupational Safety and Health Act of 1973 prohibits smoking of tobacco products inside an enclosed space at a place of employment. Provides that existing law establishes specified exemptions from a place of employment that allow smoking in certain work environments, including an exemption for up to a specified percent of the guestroom accommodations in a hotel, motel, or similar transient lodging establishment. Eliminates the exemption.

Enacted

09/08/2023

Effective Date

01/01/2024

Topics

Wage_and_Hour: Lodging; Workplace_Behavior: Smoking


Contracts in Restraint of Trade

Bill

Senate Bill 699 (2023-2024)

Summary

Provides that existing law voids contractual provisions by which a person is restrained from engaging in a lawful profession, trade, or business of any kind. Establishes that any contract that is void under the law described above is unenforceable regardless of where and when the contract was signed. Prohibits an employer from entering into a contract with an employee or prospective employee that includes a provision that is void. Provides that an employer who violates that law commits a civil violation.

Enacted

09/01/2023

Effective Date

01/01/2024

Topics

Agreements: Covenant_not_compete, Agreements: Non-compete; Claims_and_Penalties: Attorney_fees, Civil_action, Costs, Injunctive_relief; Employment_relations: Current_employees, Prospective_employee


August

There were no employment and/or labor bills that were enacted that were identified.


July

Division of Occupational Safety and Health: Regulations

Bill

Assembly Bill 1766 (2023-2024)

Summary

Requires the Division of Occupational Safety and Health to formulate and propose rules and regulations for adoption by the Occupational Safety and Health Standards Board for the safe design, manufacture, installation, repair, maintenance, use, operation, and inspection of all passenger tramways as necessary to protect the public.

Enacted

07/2/2023

Effective Date

01/01/2024

Topics

Prohibited_Practices: Discrimination, Retaliation


California State Auditor: Background Checks

Bill

Assembly Bill 956 (2023-2024)

Summary

Provides that the California State Auditor shall require fingerprint images and related information from a prospective employee whose duties include or would include access to records, documents, or information, the disclosure of which is restricted by law from release to the public, confidential information gathered during the course of an investigation conducted pursuant to the California Whistleblower Protection Act, and access to cash, checks, and other accountable items. Appropriates funds.

Enacted

07/21/2023

Effective Date

To be determined.

Topics

Industry: Public_employer


State Civil Service: Probationary Periods

Bill

Senate Bill 510 (2023-2024)

Summary

Provides that existing law requires the State Personnel Board to establish a probationary period for each class of employee in state service, which is generally required to be 6 months, unless the board establishes a longer period not to exceed one year, and requires that the period be served, upon appointment. Recasts these provisions to specify that the probationary period commences on the first day that the employee reports to work or begins performing the job duties.

Enacted

07/13/2023

Effective Date

01/01/2024

Topics

Industry: Public_employer


Cannabis: Background Checks and Cannabis Event

Bill

Assembly Bill 128 (2023-2024)

Summary

Requires the Department of Cannabis Control to submit to the Department of Justice fingerprint images and other related information for criminal history information checks of certain employees, prospective employees, contractors, and subcontractors. Establishes the Cannabis Control Fund. Appropriates funds.

Enacted

07/10/2023

Effective Date

07/10/2023

Topics

Employer_Obligations: Background_checks, Criminal_history; Industry: Marijuana


June

There were no employment and/or labor bills that were enacted that were identified.


May

Agricultural Labor Relations

Bill

Assembly Bill 113 (2023-2024)

Summary

Relates to the Alatorre-Zenovich-Dunlap-Berman Agricultural Labor Relations Act. Provides that existing law refers to a secret ballot process as a polling place election and establishes a schedule for agricultural employers to indicate whether they agree to a labor peace compact. Repeals these provisions. Establishes a single alternative process that is, in most respects, the same as the non-labor peace election process but would instead be referred to as a Majority Support Petition. Appropriates funds.

Enacted

05/15/2023

Effective Date

05/15/2023

Topics

Agreements: Collective_bargainin; Industry: Agriculture; Labor_Law: Labor_law


April

There were no employment and/or labor bills that were enacted that were identified.


March

Meal and Rest Breaks: Airline Cabin Crew Employees

Bill

Senate Bill 41 (2023-2024)

Summary

Relates to the Railway Labor Act, which regulates labor relations for rail and air carriers and entitles employees to organize and bargain collectively. Provides that specified meal and rest period requirements do not apply to an airline cabin crew employee if the employee is covered by a valid collective bargaining agreement under the Railway Labor Act and that agreement includes a provision addressing meal and rest breaks for airline cabin crew employees. Provides for exceptions.

Enacted

03/23/2023

Effective Date

03/23/2023

Topics

Agreements: Collective_bargainin; Employment_relations: Flight_crew; Hours_worked: Meal_break, Rest_break; Industry: Airline


February

There were no employment and/or labor bills that were enacted that were identified.


January

There were no employment and/or labor bills that were enacted that were identified.

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