California Employment and Labor Law Updates 2023

Table Of Contents
  1. December
  2. November
  3. October
  4. September
  5. August
  6. July
  7. June
  8. May
  9. April
  10. March
  11. February
  12. January

December

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


November

Contracts in Restraint of Trade: Noncompete Agreements

Bill

Assembly Bill 1076 (2023-2024)

Summary

Makes it unlawful to include a noncompete clause in an employment contract, or to require an employee to enter a noncompete agreement, that does not satisfy specified exceptions. Requires employers to notify current and former employees in writing by specified date, that the noncompete clause or agreement is void. Makes a violation of these provisions an act of unfair competition pursuant to the Unfair Competition Law.

Enacted

10/13/2023

Effective Date

01/01/2024

Topics

Agreements: Covenant_not_compete, Non-compete


State Highways: Worker Safety

Bill

Assembly Bill 752 (2023-2024)

Summary

Provides that existing law requires the Department of Transportation to update guidance specifying the appropriate use of positive protection measures with the goal of isolating workers or work zones from traffic. Provides that existing law requires the department to provide compensation for the use of a safety device where the updated guidance allows, but does not require, the optional safety device when requested by a contractor on a public works project. Extends provisions indefinitely.

Enacted

10/13/2023

Effective Date

01/01/2024

Topics

Industry: Construction_service, Govt_contractor; Workplace_Behavior: Health, PPE, Person_protect_equip, Safety


Public Works: Payroll Records

Bill

Assembly Bill 587 (2023-2024)

Summary

Provides that existing law requires the Labor Commissioner to investigate allegations that a contractor or subcontractor violated the law regulating public works projects, including payment of prevailing wages. Provides that existing law requires each contractor on a public works project to keep accurate payroll records. Requires any copy of records requested by a multiemployer Taft-Hartley Trust Fund or Joint Labor-Management Committee be on forms provided by the Division of Labor Standards Enforcement.

Enacted

10/13/2023

Effective Date

01/01/2024

Topics

Employer_Obligations: Recordkeeping; Industry: Contractor, Govt_contractor,
Subcontractor


Minimum Wages: Health Care Workers

Bill

Senate Bill 525 (2023-2024)

Summary

Establishes a specified number of separate minimum wage schedules for covered health care employees, depending on the nature of the employer. Requires, for specified covered health care facility employers with a specified number or more full-time equivalent employees, the minimum wage for covered health care employees to be a specified amount per hour. Requires, for specified clinics that meet certain requirements, the minimum wage for covered health care employees to be a specified rate.

Enacted

10/13/2023

Effective Date

06/01/2024

Topics

Employment_relations: Health_care_worker; Industry: Clinic, Health_care_agency, Health_care_facility, Hospitals, Mental_health_svc, Rehabilitation_facil, Residential_care, Surgical_center, Urgent_care; Wage_and_Hour: Minimum_wage


Employment: Leave for Reproductive Loss

Bill

Senate Bill 848 (2023-2024)

Summary

Makes it an unlawful employment practice for an employer to refuse to grant a request by an eligible employee to take up to a specified number of days of reproductive loss leave following a reproductive loss event. Makes it an unlawful employment practice for an employer to retaliate against an individual because of the individual’s exercise of the right to reproductive loss leave or the individual’s giving of information or testimony as to reproductive loss leave.

Enacted

10/10/2023

Effective Date

01/01/2024

Topics

Employer_Obligations: Confidential_info; Leave_laws: Pregnancy_loss, Unpaid_leave; Prohibited_Practices: Retaliation


Employment: Rehiring and Retention: Displaced Workers

Bill

Senate Bill 723 (2023-2024)

Summary

Provides that existing law requires an employer to offer its laid-off employees specified information about job positions that become available for which the laid-off employees are qualified, and to offer positions to those laid-off employees based on a preference system. Creates a presumption that a separation due to a lack of business, reduction in force, or other economic, nondisciplinary reason is due to a reason related to the COVID-19 pandemic, unless the employer establishes otherwise.

Enacted

10/10/2023

Effective Date

01/01/2024

Topics

Covid: Covid; Employer_Obligations: Notice, Recordkeeping; Employment_relations: Job_offer, Job_postings, Layoff, Reemployment; Industry: Airport, Airport_services, Building_services, Event_center, Hotels, Private_club


Temporary Public Employees

Bill

Assembly Bill 1484 (2023-2024)

Summary

Relates to the Meyers-Milias-Brown Act. Imposes specified requirements with respect to the temporary employees of a public employer who have been hired to perform the same or similar type of work that is performed by permanent employees represented by a recognized employee organization. Requires those temporary employees to be automatically included in the same bargaining unit as the permanent employees if the requested classification of temporary employees is not presently within the unit.

Enacted

10/10/2023

Effective Date

01/01/2024

Topics

Industry: Public_employer


Labor Code: Alternative Enforcement

Bill

Assembly Bill 594 (2023-2024)

Summary

Authorizes a public prosecutor, to prosecute an action, either civil or criminal, for a violation of specified provisions of the Labor Code or to enforce those independently. Requires moneys recovered by public prosecutors under the Labor Code to be applied first to payments due to affected workers. Requires all civil penalties recovered to be paid to the General Fund of the state, unless otherwise specified.

Enacted

10/10/2023

Effective Date

01/01/2024

Topics

Claims_and_Penalties: Wage_claims, Wage_theft


Employment: Public Entities

Bill

Assembly Bill 520 (2023-2024)

Summary

Provides that any public entity, a city, county, city and county, district, public authority, public agency, and any other political subdivision or public corporation in the state, is jointly and severally liable for any unpaid wages.

Enacted

10/10/2023

Effective Date

01/01/2024

Topics

Claims_and_Penalties: Wage_claims


Agricultural Workers: Immigration: Parole

Bill

Senate Bill 831 (2023-2024)

Summary

Relates to the Immigration and Nationality Act which authorizes the United States Attorney General to parole into the US, on a case-by-case basis for urgent humanitarian reasons or significant public benefit, any alien applying for admission to the US. Authorizes the Governor to enter into an agreement with the US Attorney General to establish a program for the US Attorney General to grant an agricultural employee parole pursuant to the authorization under the Act.

Enacted

10/08/2023

Effective Date

01/01/2024

Topics

Employment_relations: Agricultural_employe, Legal_work_status; Federal_Laws: INA; Industry: Agriculture


Protected Employee Conduct

Bill

Senate Bill 497 (2023-2024)

Summary

Provides that existing law prohibits retaliation against an employee for various reasons. Establishes that in addition to other remedies, an employer is liable for a civil penalty not exceeding a specified amount per employee for each violation to be awarded to the employee who was retaliated against. Requires the Labor Commissioner, in assessing this penalty, to consider the nature and seriousness of the violation based on the evidence obtained during the course of the investigation.

Enacted

10/08/2023

Effective Date

01/01/2024

Topics

Claims_and_Penalties: Civil_penalty; Employment_relations: Current_employees Former_employee, Prospective_employee; Prohibited_Practices: Discrimination, Retaliation


Courts: Court Interpreters

Bill

Assembly Bill 1032 (2023-2024)

Summary

Eliminates the requirement that a court offer to employ as a court interpreter an interpreter who meets the specified criteria requiring the hiring of court interpreters and the provisions regarding the acceptance and processing of applications for court interpreters pro tempore. Authorizes courts to hire registered or nonregistered interpreters as employees to perform relay interpretation, but only if the trial court has employed an interpreter of the same language pair.

Enacted

10/08/2023

Effective Date

01/01/2024

Topics

Industry: Public_employer


Occupational Safety and Health Standards: Construction

Bill

Assembly Bill 521 (2023-2024)

Summary

Requires the Occupational Safety and Health Standards Board, before a specified date, to draft a rulemaking proposal to consider revising a regulation on construction jobsite toilet facilities to require at least one single-user toilet facility on all construction jobsites, designated for employees who self-identify as female or nonbinary.

Enacted

10/08/2023

Effective Date

01/01/2024

Topics

Workplace_Behavior: Health, Safety


Occupational Safety and Health Standards: Construction

Bill

Assembly Bill 521 (2023-2024)

Summary

Requires the Occupational Safety and Health Standards Board, before a specified date, to draft a rulemaking proposal to consider revising a regulation on construction jobsite toilet facilities to require at least one single-user toilet facility on all construction jobsites, designated for employees who self-identify as female or nonbinary.

Enacted

10/08/2023

Effective Date

01/01/2024

Topics

Workplace_Behavior: Health, Safety


University of California: Vendors

Bill

Senate Bill 27 (2023-2024)

Summary

Makes it unlawful for any vendor to accept payment from the university pursuant to a contract for prescribed services if the vendor is performing services or supplying the university with employees to perform services who are paid less than the higher of the total compensation rate specified in the vendor’s contract with the university. Requires a vendor to provide those employees with prescribed written notice relating to compensation. Establishes remedies, including civil penalties and restitution.

Enacted

10/08/2023

Effective Date

01/01/2024

Topics

Industry: Govt_contractor


Employers: Agricultural Employees: Disclosures

Bill

Assembly Bill 636 (2023-2024)

Summary

Requires an employer to give an employee admitted pursuant to the federal H-2A agricultural visa, on the day that the H-2A employee begins work for the employer in the state or on the first day that the employee begins work for another H-2A employer in Spanish, and, if requested by the employee, in English, describing an agricultural employee’s additional rights and protection under State Law.

Enacted

10/08/2023

Effective Date

01/01/2024

Topics

Employer_Obligations: Notice; Employment_relations: Agricultural_employe, H-2A; Industry: Agriculture


Employment Discrimination: Cannabis Use

Bill

Senate Bill 700 (2023-2024)

Summary

Relates to the information about a person’s prior cannabis use obtained from the person’s criminal history would be exempt from the existing law and bill provisions relating to prior cannabis use if the employer is permitted to consider or inquire about that information under a specified provision of the California Fair Employment and Housing Act or other state or federal law.

Enacted

10/07/2023

Effective Date

01/01/2024

Topics

Prohibited_Practices: Marijuana


Days and Hours of Work: Religious Cultural Observance

Bill

Senate Bill 461 (2023-2024)

Summary

Provides that existing law, the State Civil Service Act, regulates employment with the State. Provides that the Ralph C. Dills Act grants State employees the right to form and join employee organizations for the purpose of representation of all matters of employer-employee relations. Applies certain provisions to a bargaining unit only after the bargaining unit meets and confers with the Department of Human Resources in the ordinary process and timeline for negotiating the collective bargaining agreement.

Enacted

10/07/2023

Effective Date

01/01/2024

Topics

Employer_Obligations: Accommodation; Leave_laws: Holidays; Prohibited_Practices: Culture, Religion


Pupil Transportation: Driver Qualifications

Bill

Senate Bill 88 (2023-2024)

Summary

Provides certain transportation services for pupils, including, among others, by requiring these drivers to submit and clear tuberculosis risk assessments. Requires any vehicle used to provide pupil transportation for compensation by a local educational agency to be inspected and to be equipped with a first aid kit and a fire extinguisher. Requires any local educational agency contracting with a private entity to obtain from the private entity a written attestation not have any applicable law violations.

Enacted

10/07/2023

Effective Date

01/01/2024

Topics

Industry: Govt_contractor, Transportation


Collective Bargaining: Legislature

Bill

Assembly Bill 1 (2023-2024)

Summary

Enacts the Legislature Employer-Employee Relations Act to provide employees of the Legislature, except certain specified categories of excluded employees, the right to form, join, and participate in the activities of employee organizations of their own choosing for the purpose of representation on all matters of employer-employee relations. Defines employer as the Assembly Committee on Rules or the Senate Committee on Rules.

Enacted

10/07/2023

Effective Date

01/01/2024

Topics

Industry: Public_employer


Paid Sick Days Accrual and Use

Bill

Senate Bill 616 (2023-2024)

Summary

Relates to the Healthy Workplaces, Healthy Families Act of 2014. Excludes railroad carrier employers and their employees from the act’s provisions. Modifies the employer’s alternate sick leave accrual method to additionally require that an employee have specified hours of accrued sick leave or paid time off by the specified calendar day of employment or each calendar year. Raises the employer’s authorized limitation on the use of carryover sick leave to specified hours in each year of employment.

Enacted

10/04/2023

Effective Date

01/01/2024

Topics

Leave_laws: Sick


October

Occupational Safety: Workplace Violence: Restraining

Bill

Senate Bill 553 (2023-2024)

Summary

Relates to existing law which authorizes any employer, whose employee has suffered unlawful violence or a credible threat of violence from any individual that can reasonably be construed to be carried out or to have been carried out at the workplace, to seek a temporary restraining order and an order after hearing on behalf of the employee and other employees. Authorizes a collective bargaining representative of an employee to seek a temporary restraining order and an order on behalf of the employee.

Enacted

09/30/2023

Effective Date

01/01/2024

Topics

Employer_Obligations: Policy_requirement, Workplace_violence; Workplace_Behavior: Health, Safety


Temporary Restraining Orders and Protective Orders

Bill

Senate Bill 428 (2023-2024)

Summary

Authorizes any employer whose employee has suffered harassment to seek a temporary restraining order and an injunction on behalf of the employee and other employees upon a showing of clear and convincing evidence that, among other things, an employee has suffered harassment. Requires an employer seeking such a temporary restraining order to provide the employee whose protection is sought the opportunity to decline to be named in the order, before the filing of the petition.

Enacted

09/30/2023

Effective Date

01/01/2024

Topics

Claims_and_Penalties: Injunctive_relief, Restraining_order; Employer_Obligations: Crime_reporting; Prohibited_Practices: Harassment


Employment: Benefits: Electronic Notice and Documents

Bill

Assembly Bill 1355 (2023-2024)

Summary

Provides that the Earned Income Tax Credit Information Act requires an employer to notify all employees that they may be eligible for income tax filing assistance programs and antipoverty tax credits by handing certain documents directly to the employee or mailing documents to the employee twice annually. Authorizes the employer to provide the first notification via email if the employee affirmatively, and in writing or by electronic acknowledgment, opts into receipt of electronic statements or materials.

Enacted

09/30/2023

Effective Date

01/01/2024

Topics

Claims_and_Penalties: Misdemeanor; Employee_obligation: Opt_in Electronic; Prohibited_Practices: Retaliation; Wage_and_Hour: Earned_income_credit


Workplace Readiness Week: Work Permits

Bill

Assembly Bill 800 (2023-2024)

Summary

Requires the week of each year that includes specified date to be known as Workplace Readiness Week. Requires all public high schools, including charter schools, to annually observe that week by providing information to pupils on their rights as workers, and would specify the topics to be covered.

Enacted

09/30/2023

Effective Date

08/01/2024

Topics

Employer_Obligations: Notice; Wage_and_Hour: Certificate, Child_labor


Fast Food Restaurant Industry: Fast Food Council

Bill

Assembly Bill 1228 (2023-2024)

Summary

Requires all standards, rules, and regulations developed by the council to be issued, amended, or repealed, as applicable, in the manner prescribed in the Administrative Procedure Act, but as modified, and would require the council to petition the Occupational Safety and Health Standards Board and the Civil Rights Council if any minimum standards fall within their jurisdiction. Prohibits a fast food restaurant operator from discharging or in any manner discriminating or retaliating against any employee.

Enacted

09/28/2023

Effective Date

01/01/2024

Topics

Claims_and_Penalties: Joint_liability, Wage_claims; Industry: Fast_food, Franchise; Workplace_Behavior: Health, Safety


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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