Tag: California businesses

CA Employment Laws Affecting Businesses in 2023 December 3, 2022 Numerous statutes will go into effect in 2023, adding to the growing body of legislation that California businesses must observe to hire and retain employees legally. As a result, companies must be aware of the changes in the legislation and prepared to implement them. To ease your transition into the new legal environment, we've compiled a list of numerous key statutes that go into effect on January 1, 2023, together with brief descriptions of their key provisions. California AB 257 The Fast Food Accountability and Standards Recovery Act will establish a state Fast Food Council within the Department of Industrial Relations. This council will be tasked with establishing minimum standards for working hours, wages, and other working conditions related to fast-food workers' health, safety, and welfare, as well as ensuring these workers are supplied with a reasonable cost of living. The Act also requires the Council to set wages, training, and working condition standards. California AB 1041 This law expands what is considered a "family member" under both the California Healthy Workplaces Healthy Families Act (HWHFA) and the California Family Rights Act (CFRA) by including a "designated person." Employees will be allowed to choose a designated person whom they want to be able to use HWHFA and CFRA leave for. The bill does allow employers to limit employees to one designated person in a 12-month period. California AB 1601 This bill gives the Labor Commissioner the authority to enforce certain requirements to provide notice to employers with respect to relocation, mass layoffs, or termination of employees, including call center employees. The law also gives the Labor Commissioner the authority to investigate alleged violations and order temporary relief while a full investigation or hearing takes place and issue a citation while following required procedures. The bill would also ban call center employers from ordering a call center to be relocated or any of the operating units or facilities in the call center without first notifying the affected employees, the local workforce investment board, the Employment development department, and the chief elected official of each city or county government where the employees will relocate from, be laid off, or terminated. The bill would also institute remedies for call center employers who fail to give their employees proper notice about the relocation of call center facilities. California AB 1632 This bill is an addition to the Health and Safety Code. It would require businesses that are open to the general public to allow any person legally on its premises during the time it is open to use a toilet facility for its employees under certain conditions. The business must allow the use of the employees' toilet facility even if non-employees are not generally allowed to use the facility. If a business commits a willful or gross violation of this requirement, it would be subject to a civil penalty, which would not be more than $100. There are several conditions for the above requirement, some of which are: the individual has a medical condition that makes them eligible or uses an osteomyelitis device, there is no public restroom immediately available, allowing the person to use the bathroom would not cause an apparent safety risk to the person or a security risk to the place of business. The bill defines eligible medical risks as Crohn's disease, ulcerative colitis, other inflammatory bowel diseases, irritable bowel syndrome, or another medical condition that requires immediate access to a toilet facility. The bill would allow the businesses to require the person requesting use of the toilet facility to show evidence of an eligible medical condition or use of an ostomy device. The bill permits the person to use a statement signed by a nurse practitioner, doctor, or physician assistant on a specific form developed by the State Department of Public Health as evidence of eligibility. California AB 1720 This bill authorizes the State Department of Social Services to grant a simplified criminal record exemption to individuals applying for a license or special permit to operate or manage facilities, such as community care facilities, residential care facilities for persons with chronic, life-threatening illnesses, residential facilities for the elderly, and child daycare centers, if specific criteria are met. The bill also removes the requirement for home care aides or certain individuals connected with the facilities listed above to sign a declaration under penalty of perjury regarding any prior criminal convictions. The bill also bans the State Department of Social Services from requiring applicants for a license to reveal their criminal history before the receipt of live scan results. California AB 1751 This Act amends Sections 3212.86, 3212.87, and 3212.88 of the Labor Code. It extends the current rebuttable presumption that an employee's illness resulting from COVID-19 was sustained in the course of employment for purposes of workers' compensation benefits until January 1, 2024. Currently, there is a disputable presumption that the injury arose out of and in the course of employment and is compensable for the stated dates. Although, employees do have to exhaust paid sick leave and meet other requirements before receiving disability. California AB 1788 Assembly Bill No. 1788 permits hotels to be held liable for human trafficking penalties if a supervisory employee was aware of or acted with reckless disregard to the activity. The bill will authorize a city or county attorney to seek equitable relief against a hotel as well as a civil penalty. California AB 1949 This bill amends the California Family Rights Act to require employers who have five or more employees to grant employees up to five days of bereavement leave when requested if an existing bereavement policy grants less than five days of bereavement leave. This bill does not apply to employees who are covered by a valid collective bargaining agreement that already provides for bereavement leave and certain other working conditions. California AB 2068 Assembly Bill No. 2068 will require employers to post certain health and safety posters concerning COVID-19 in additional languages. Employers who violate this law will be subject to a civil penalty. California AB 2134 This bill applies to health care service plans or health insurers that provide health care coverage to employees of religious employers that do not include coverage or benefits for contraception or abortion. The law requires these plans and insurers to provide enrolled or insured employees with written information about free abortion or contraception services or benefits that may be available through the California Reproductive Health Equity Program. California AB 2183 This Act is intended to help farmworkers to vote for whether or not they want to unionize. The bill expands the voting options for farmworkers so that they are allowed to vote at a physical location or by mail or drop a representation ballot card off at the Agricultural Labor Relations Board (ALRB) office. California AB 2282 This bill equalizes the penalties for using three of the most common hate symbols, the burning cross, the swastika, and a noose. It also expands the locations in which they are banned, which now includes places of employment. California AB 2693 AB 2693 extends section 6409.6 of the California Labor Code, which specifies the duties of an employer when notified of potential exposure to COVID-19 and extends its provisions until January 1, 2024. It also modifies the law, with the primary modification being changing the law to allow employers to notify employees by posting the notice of potential COVID-19 exposure in all the places the employer typically places notices of workplace rules and regulations at the worksite. The notice must include the dates the employee with the confirmed infection was on the premises during the infectious period and the location. The notice must remain posted for 15 days. California AB 2960 This bill amends the Fair Employment and Housing Act to extend the right-to-sue deadline to include the time in which mandatory or voluntary dispute resolution proceedings take place. California SB 523 SB 523 amends the Fair Employment and Housing Act to ban employers with five or more employees from discriminating against an employee based on their reproductive health decision-making. It also expands mandated healthcare coverage to include contraceptives. California SB 731 This bill amends the penal code to automatically seal the criminal records of most defendants who were convicted of a felony on or after January 1, 2005, if they have completed their terms of incarceration as well as any remaining probation, supervision, or parole and have not been convicted of a new felony offense for four years. California SB 931 This law would allow an employee organization to bring a claim before the Public Employee Relations Board alleging that a public employer violated Government Code section 3550. This code bans public employers from deterring or discouraging public employees or applicants from becoming or remaining members of an employee organization. If the board finds the employer violated the provisions of Government Code section 3550, they will be subject to a civil penalty. California SB 951 SB 951 increases the amount low-wage employees receive from the state disability insurance program and paid family leave program for qualifying disabilities or incidents that occurred on or after January 1, 2025. California AB 984 This law makes digital license plates that display information in addition to the license plate number legal. It also bans employers from using these alternative tracking devices to track employees other than during work hours and only if it is necessary for the performance of the employee's duties. California Privacy Rights Act of 2020 This new law will require most businesses to make substantial changes to the way they handle the personal information that their HR personnel collects. The California Privacy Rights Act will also create the California Privacy Protection Agency, which will enforce the new law. California SB 1044 SB 1044 bans an employer from taking adverse action against an employee who refuses to report to work or chooses to leave work during an emergency condition. The law also forbids employers from stopping an employee from accessing a mobile device during an emergency. California SB 1093 SB 1093 allows individuals applying for a home healthcare license to request a transfer of their criminal record clearance online and removes the requirement for the applicant to submit a copy of their driver's license or another valid government-issued ID along with the request. California SB 1126 This bill expands the definition of "eligible employer" for the CalSavers Retirement Savings Trust Act to include any employers with one or more employees. The Act also requires eligible employers who do not offer their employees retirement savings plans to put in place by December 31, 2025, a payroll deposit savings arrangement that would allow their employees to participate in the CalSavers Retirement Savings Program. California SB 1162 The law requires employers with 100 or more contracted employees to submit a separate report with data regarding pay, hours worked, race and ethnicity, as well as gender information for these employees. Additionally, employers with 15 or more employees will be required to include a pay scale in any of their job postings and supply this information to any third parties listing their jobs. California SB 1477 This bill decreases the maximum amount of a judgment debtor's disposable earnings that are subject to levy.

Tag: California businesses

CA Employment Laws Affecting Businesses in 2023

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