New State of California Employment Laws Starting in 2024

Dec 21, 2023

To all business owners and employers, we hope you had a fruitful and productive 2023!

Running a business is no easy feat—especially when it comes to keeping up with employment laws. As we step into 2024, California is rolling out some major changes in this department affecting areas such as:

Discrimination
Minimum wage
Noncompete agreements
Reproductive loss leave
Workplace violence prevention
Cannabis use

And as your dedicated HR supplier here at DSA HR Solutions, Inc., we are here to keep you in the loop. Let’s help you stay on the right side of these new regulations.

Here's a quick rundown of the important updates:

Discrimination and Retaliation Updates

Presumption of Discrimination or Retaliation: Senate Bill 497 establishes a rebuttable presumption of discrimination or retaliation if an employer takes adverse action, like termination, within 90 days of an employee's protected conduct. Civil penalties for violations have increased to $10,000 per employee per violation.
Protections Against Cannabis Discrimination: Assembly Bill 2188 prohibits discrimination against job applicants for off-job cannabis use. Senate Bill 700 extends these protections, prohibiting employers from asking applicants about prior cannabis use, except in cases where it's gleaned from criminal history.

Minimum Wage Increases

General Increase: The minimum wage will rise to $16 per hour for all employees from January 1, 2024.
Healthcare Worker Minimum Wage: A multitiered minimum wage for healthcare workers, ranging from $18 to $23 per hour, depending on the employer type, will be effective from June 1, 2024.
Fast Food Worker Minimum Wage: Assembly Bill 1228 mandates a minimum wage of $20.00 per hour for employees of fast-food chains with more than 60 locations, effective April 1, 2024.

Noncompetition Agreements and Notice Requirements

Prohibition of Noncompete Agreements: SB 699 makes noncompete agreements void, regardless of where or when they were signed. AB 1076 requires employers to notify employees by February 14, 2024, that any noncompete agreements are void.

Reproductive Loss Leave

Leave for Reproductive Loss: SB 848 allows employees to take up to five days of unpaid leave following a reproductive loss event, such as miscarriage, stillbirth, or failed adoption/surrogacy.

Workplace Violence Prevention Program

Workplace Violence Prevention: SB 553, effective July 1, 2024, mandates that employers adopt comprehensive workplace violence prevention plans, including incident recording, employee training, and maintaining records.

Off-Duty Cannabis Use and Drug Test Results

Cannabis Use Protections: AB 2188 makes it illegal to discriminate against employees for off-duty cannabis use starting January 1, 2024. SB 700 prohibits employers from inquiring about applicants' past cannabis use.

Whistleblower Protections

Enhanced Whistleblower Protections: SB 497 introduces a presumption of retaliation if an employee is disciplined or discharged within 90 days of engaging in protected activity, such as reporting wage and hour violations.

Paid Sick Leave

Increased Paid Sick Leave: SB 616 expands the required paid sick leave for employees from three days (24 hours) to five days (40 hours).

Arbitration Agreements

Arbitration Enforcement: SB 365 allows litigation to continue during an appeal of a court's decision to deny a petition to compel arbitration.

Notice Requirement

New Hire Wage and Employment Notice: AB 636 adds a requirement for employers to provide information about federal and state emergency declarations applicable to the counties where employees are employed.

Food Handler Cards

Employer Responsibility for Food Handler Cards: SB 476 mandates that employers cover costs associated with obtaining a food handler card and pay employees for the time required to complete training and testing.

Stay Compliant with DSA HR Solutions, Inc!

Don’t let your business get caught off guard. At DSA HR Solutions, we're here to help you adapt and comply with these employment laws.

Our team offers the best professional expertise to make sure that your business sails smoothly throughout the year, and all the years ahead.

From restructuring your policies on non compete agreements and sick leave to implementing effective workplace safety plans, we provide tailored solutions for your business — ones that work specifically for you.

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