New California 2024 Employment Laws You Need To Know

California added several amendments and put in place new regulations to its employment laws in 2024 to ensure the protection of the workforce. Historically, California has been one of the most employee rights-focused states. The latest employment regulations in California take this commitment to the worker’s safety one step further. To help you get a better grasp on your rights according to the reforms of 2024, here are the changes every Californian employee should know:

Workplace Environment  

The state of California has put in place some legislative reforms to guarantee the well-being of its workers, making sure primarily that the employers uphold regulations so that employees are protected from abusive work environments that are detrimental to their safety, both physically and otherwise. Some of the key updates to California workplace rights are the following:  

Workplace Violence Prevention (SB 553):   

This addition to the California Labor Code, Section 6401.9, mandates that covered California employers establish, implement, and maintain an “effective” workplace violence prevention plan by July 1st, 2024. To be effective the plan must meet many requirements, including but not limited to, how employees report concerns, and how those concerns will be investigated, procedures for responding to workplace violence, training and how to identify workplace violence, procedures to review the effectiveness of the plan, as well as many others. Starting January 1st, 2025, existing law expands further permitting employers or collective bargaining representatives to seek temporary restraining orders (TROs) for employees who have experienced harassment, unlawful violence, or a credible threat of violence linked to the workplace, based solely on actual violence or a credible threat.  

New 90-Day Rebuttable Presumption for Workplace Retaliation (SB 497):  

Named The Equal Pay and Anti-Retaliation Protection Act, this bill establishes a rebuttable presumption if an employer takes prohibited actions within 90 days of the employee engaging in protected conduct, including discharge, threats, demotion, suspension, retaliation, or discriminatory acts. This change to the law makes it easier for an employee to show there was retaliation against them during the 90 days following the protected activity. The employer then must show why its action(s) was for a nonretaliatory reason. The new adds to the remedies already available to employees who are successful on their claims by authorizing penalties of up to $10,000 per employee for each violation It also addresses employer restrictions on employees disclosing information or testifying.  

Revised Grocery Worker Recall Rights (AB 647):  

Starting January 1, 2024, AB 647 broadens employee retention rules, extending the 90-day transition period to include distribution centers of grocery entities, regardless of size. The law requires current grocery employers to provide a list of eligible workers to the successor employer within 15 days of a change in control. Exemptions apply to non-operational grocery stores for at least 12 months and transactions involving present and successor grocery employers with fewer than 300 combined workers nationwide. Additionally, the existing grocer must share the list with any collective bargaining agreement representative. Legal proceedings can be initiated in state court for enforcement, seeking remedies like front pay, back pay, punitive damages, and reasonable attorney's fees and costs at the court's discretion.  

Changes in Wages

Minimum Wage Increases:   

Starting January 1st, 2024, for every employer in California, the minimum hourly wage increases to $16 an hour, and the minimum yearly salary increases to $66,560, or $5,546.67 monthly for all exempt employees except computer professionals whose minimum salary basis increases to $115,763.35. At the same time, the bar for the collective bargaining exemption will be set at a new minimum wage of $20.80 per hour. 

‘Fast Food’ Worker Minimum Wage (AB 1228):  

Assembly Bill No. 1228 states that: Starting April 1, 2024, fast-food workers employed by California-based chains with 60 or more locations nationwide will receive a minimum wage of at least $20 per hour. This legislation revokes the FAST-Food Accountability and Standards Recovery Act and introduces a new provision. This hourly minimum wage is set to experience annual increments until 2029. Additionally, AB 1228 establishes the Fast-Food Council, which is expected to provide recommendations on various workplace conditions starting in 2024. 

Health Care Facility Worker Minimum Wage (SB 525):  

Starting June 1st, 2024, the hourly minimum wage increases to $23.00 for healthcare workers in “covered healthcare facilities" Including those who are patient care providers, janitors, and security guards. The law applies to various healthcare settings like hospitals and clinics, with different minimum wages based on facility size and type. 

Employee Compensation And Benefits 

Enhanced Paid Sick Leave Benefits (SB 616):  

Starting January 1st, 2024, California employees are entitled to at least five days or 40 hours of paid sick and safe leave, whichever is greater, a notable increase from the previous requirement of 24 hours or three days. Employers, particularly those using an accrual system, can cap the paid sick leave at a minimum of 80 hours or 10 days. Employees must accrue at least 24 hours within the initial 120 days of employment and at least 40 hours by their 200th day. Employers can either frontload the extra days or adjust the 12-month measurement period to begin on January 1, 2024, and provide not less than 40 hours or five days on that day.  

New Employee Leave Entitlement for Reproductive Loss (SB 848):  

Employers are now required to offer up to five days of unpaid leave for reproductive loss events, such as miscarriage or failed surrogacy. Eligible employees with at least 30 days of service can take this leave within three months of the event, and it need not be consecutive. If on other protected leaves, they can take reproductive loss leave within three months after concluding those leaves. The total leave for multiple events in a year is capped at 20 days. While unpaid, employees can use available leave balances. Whether employers can request documentation for this leave remains unclear, prompting caution regarding employee privacy.  

Protections for Off-Site, Off-Duty Marijuana Use (SB 700):  

Effective January 1, 2024, AB 2188 and SB 700 amend the Fair Employment and Housing Act (FEHA) to safeguard individuals' off-site, off-duty marijuana use. Employers are now prohibited from discriminating against applicants or employees based on off-job cannabis use or the presence of non-psychoactive cannabis metabolites in drug screening tests. Exceptions apply, excluding certain workers like those in the building and construction trades. Employers cannot inquire about an applicant's previous cannabis use, but information obtained from criminal history is protected unless state or federal law permits consideration. The law permits valid drug tests for current impairment. Still, it maintains the employer's right to uphold a drug- and alcohol-free workplace and prohibits on-the-job cannabis possession or use, even for medicinal purposes.  

Conclusion

Staying informed on 2024 employment laws is essential for California employees. Amid significant amendments and new regulations, the state emphasizes workforce protection, workplace safety, fair compensation, and benefits. By staying informed, both employers and employees can contribute to a thriving and inclusive labor market in the Golden State. 

If you find yourself in an unfair work situation, remember that you have resources. Consult with LFECR, an experienced employment law firm that can provide guidance, support, and legal representation to help you pursue justice and hold your former employer accountable for their actions. With the right legal counsel, you can navigate the legal process and work towards a fair resolution.  

If you or someone you know is seeking support, our experienced labor rights lawyers at Lawyers for Employee and Consumer Rights are here to guide you toward a resolution that upholds your rights and dignity.

 Call 844-697-4448 today for a free and confidential consultation to get the help you need and deserve.