Employment Law Update 2024: New Employment Laws for the New Year
Law, Ordinance or Regulation
Main Topic
Summary
Effective Date
California AB 1076
Noncompete Agreements
Voids noncompete agreements in an employment context that does not satisfy one of the exceptions to the prohibition on non-competes. Requires employers to notify current and former employees in writing by February 14, 2024 that a noncompete that applied to them is now void.
January 1, 2024
California SB 699
Noncompete Agreements
Prohibits employers from entering into or attempting to enforce noncompete agreements, which are void under state law, regardless of where and when the contract was signed.
January 1, 2024
California AB 1355
Notice Requirements
Allows employers to email employees’ statements of earned income tax credits and unemployment benefits with employees’ written consent and prohibits employers from taking adverse action against employees who opt out of receiving electronic statements.
January 1, 2024
California AB 636
Notice Requirements
Requires employers to 1) include in the required notice to a new employee information regarding emergency or disaster declarations for the county where the employee works, and 2) provide this information and information about agricultural employee rights under California law, in English and Spanish to employees admitted to work under the federal H-2A agricultural visa, if requested by the employee.
January 1, 2024
California AB 1389
Unemployment Compensation
Extends the response time for a levy for delinquent payment of employer contributions for Unemployment Insurance and Employment Training Tax from five days to no longer than 14 business days.
January 1, 2024
California AB 2188
Cannabis Use
Except for employees in the building and construction trades, prohibits discrimination in hiring, termination, or terms and conditions of employment based on cannabis use during non-work hours, or the results of an employer-required drug screening that has detected non-psychoactive cannabis.
January 1, 2024
California SB 700
Cannabis Use
Amends the Fair Employment and Housing Act to make it unlawful for an employer to request information from a job applicant relating to the applicant’s prior use of cannabis, unless otherwise required by state or federal law.
January 1, 2024
California AB 594
Enforcement of Labor Code
Authorizes public prosecutors to bring civil or criminal actions for Labor Code violations and provides that any agreement between a worker and employer to limit representative actions or mandate arbitration is unenforceable in actions by the Labor Commissioner or public prosecutor.
January 1, 2024
California AB 647
Grocery Stores & Business Restructuring
Expands the rights of employees when there is a change of control of a grocery establishment and amends the definition of grocery establishment to include grocery distribution centers.
January 1,2024
California AB 933
Sexual Harassment and Discrimination
Establishes that complaints and related communications regarding sexual assault, harassment, or discrimination are privileged and therefore protected from civil actions, such as defamation suits.
January 1, 2024
California AB 1228
Fast Food Franchises
Creates a Fast Food Council which will make recommendations for new standards specific to the fast food industry. Effective April 1, 2024, implements a new minimum wage rate of $20 per hour for employees at a “National Fast Food Chain,” as defined.
January 1, 2024.
California SB 365
Arbitration Proceedings and Procedure
Provides that an appeal from an order dismissing or denying an employer’s petition to compel arbitration does not automatically stay trial court proceedings.
January 1, 2024
California SB 476
Wage and Hour
Provides that time employees spend to complete food handler training and certification is compensable “hours worked,” for which the employee must be paid. Requires payment of necessary expenditures or losses for the employee in obtaining a food handler card. Requires employees to be relieved of all other work duties while taking the training course and examination.
January 1, 2024
California SB 497
Discrimination and Retaliation
Creates a rebuttable presumption against an employer in a claim by an employee or applicant for discrimination, retaliation or adverse action, within 90 days of their protected conduct, including complaints of unequal pay, and creates a civil penalty of up to $10,000 for each violation.
January 1, 2024
California SB 553
Workplace Health and Safety
Requires employers to implement a workplace violence prevention plan and provide training to employees; amends the California Code of Civil Procedure, effective January 1, 2025, to allow a collective bargaining representative to seek a restraining order against an employee who poses a credible threat of violence.
January 1, 2024
California SB 616
Paid Sick Leave
Increases the number of job-protected paid leave hours employees can receive and use each year; extends some protections to employees covered by a collective bargaining agreement; creates partial preemption of local sick and safe time standards.
January 1, 2024
California SB 723
Layoffs and Right to Recall – Hospitality Industry
Extends until December 31, 2025, the expiration date for the law affording a right to recall for employees in the hospitality industry laid off as a result of the COVID-19 pandemic; creates a presumption that a separation due to lack of business, reduction in force, or other economic, non-disciplinary reason is due to COVID-19.
January 1, 2024
California SB 848
Leaves of Absence
Provides for a leave of absence for a reproductive loss event, including the final day of a failed adoption, failed surrogacy, miscarriage, stillbirth, or unsuccessful assisted reproduction.
January 1, 2024
California: Anaheim Ordinance No. 38015
Workplace Health and Safety – Hospitality Industry
Requires a hotel employer to provide workers with personal safety devices and workplace safety training; allows a worker up to three hours of paid time off to redress an incident of workplace violence.
January 1, 2024
