New California Laws on the Horizon

California has once again added a number of employment laws that Texas employers with employees in California will need to know, most of which have effective dates of January 1, 2025.  Scott Brutocao and new partner Laura Fauber will be reviewing all of these laws in detail, along with a broad-based summary of how California employment laws differ from Texas laws, in our upcoming “California Law for Texas Employers” seminar in January, which will occur on January 15, 2025 from 9 am – 12 pm at the Norris Conference Center in Austin and via Zoom.  Look soon for a formal announcement regarding registration information.

Already in Effect: “PAGA” Amendments (AB 2288 and SB 92)

California has passed bills that substantially amend the Private Attorneys General Act (PAGA), the infamous law that allows employees to sue employers for statutory penalties based upon violations of labor laws applicable to the employer’s workforce.  The changes went into effect for lawsuits and PAGA letters beginning on June 19, 2024.  The laws increase available defenses to employers defending such claims and give more incentives to address violations early.  

Already in Effect: Workplace Violence Protection Plan (SB 553)

July 1, 2024 was the deadline not only to have a workplace violence prevention plan (WVPP) for most California facilities, but also to have provided California employees training on the WVPP.   There are several components that all WVPPs must have, including but not limited to identifying, evaluating and correcting workplace violence hazards to responding to workplace violence events.

“Captive Audience” Religious, Political, and Anti-Union Meetings are Banned (SB 399)

The “California Worker Freedom from Employer Intimidation Act” will subject most employers to a civil penalty or civil action starting January 1, 2025 if the employer holds a “captive audience” meeting. Meetings covered under this new law are employer-sponsored mandatory meetings that discuss religious or political matters, including discussions about union representation, at which employee attendance is required under threat of discharge, discipline, or some other adverse employment action. 

Expanded Protections for Independent Contractors (SB 988)

To give independent contractors “basic worker protections” and the right to be paid on time, beginning on January 1, 2025, the “Freelance Worker Protection Act,” creates protections for independent contractors in the private sector who are paid at least $250 for their services. Private employers will be required to provide independent contractors a written agreement specifying certain terms and to pay compensation by certain deadlines. 

Requirement to Post Protections for Whistleblowers (AB 2299)

This new law requires the California Labor Commissioner to develop a model list of employees’ rights and responsibilities under California’s existing whistleblower laws.  Once published, employers must post the list in an area employees frequent where it may be easily read during the workday.

Protection for Intersectionality of Protected Traits (SB 1137)

While California laws have long prohibited discrimination and harassment based on protected traits, beginning on January 1, 2025, California laws will also apply to intersectional identities, in which two or more protected traits may result in a unique form of discrimination. A party alleging discrimination may be required to establish whether the discrimination or harassment occurred based on a combination of the traits, rather than a single protected trait.

Local Enforcement of Employment Discrimination (SB 1340)

Beginning January 1, 2025, local jurisdictions will be permitted to enforce local anti-discrimination laws that are at least as protective as state law. As a prerequisite to the local enforcement, the California Civil Rights Department must issue a right-to-sue notice, and the statute of limitations will be tolled during any local enforcement, but an employee will not be prevented from filing a lawsuit.

Changes to Workers’ Compensation Notices (AB 1870)

Beginning in 2025, workers’ compensation notices will be required to include information about an injured employee’s ability to consult an attorney to advise them of their rights under workers’ compensation laws and, in most instances, that attorney’s fees will be paid from the injured employee’s recovery.

Cannot Require Employees to Use Vacation Before Receiving Paid Family Leave (AB 2123)

Effective January 1, 2025, employers will no longer be allowed to require employees to use up to two weeks of accrued vacation before receiving paid family leave benefits. 

Expansion of Paid Sick Leave to Family Members Who Victims of Violence (AB 2499)

On January 1, 2025, the qualifications for “safe” leave will expand, allowing paid sick leave when an employee’s family member is a victim of bodily injury or death by a third party to another individual, victim of any dangerous weapon with respect to another, or victim of the reasonably perceived or actual threat of physical injury or death to another individual.