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  • Kim Pierce

New Employment Laws for California effective January 1, 2023

California has some fresh new laws that may impact your business depending on the number of employees, industry, etc. I have included some here I feel may be helpful for you. This does not cover every new law so I suggest you keep up to date on any others that may impact your business. I have included links so you can read more about them. If you have any questions or need help to become compliant with these new laws, TruckeeHR can help. Please feel free to reach out to me at kpierce@truckeehr.com.

New Pay Disclosure Requirements

  • Requires employers with 15 or more employees to include a pay scale in job postings starting January 1, 2023.

  • Companies with 100 or more employees must report to the state the pay data of their employees and contractors by race, ethnicity, and gender.

  • Employers must still provide pay scales to employees upon request.

  • Read more about SB 1162 here.

Failure to have pay scales available could result in up to $10,000 per violation so act fast to have pay scales in place for all jobs.

Bereavement Leave for Employees will become Mandatory

  • This bill will require employers with five or more employees to provide eligible employees up to five days of unpaid bereavement leave.

  • This leave is available to all employees who have worked at least 30 days with the employer prior to the leave date.

  • The employee may supplement the unpaid days with any paid time off (including sick time).

  • Employer can require documentation of the death.

  • This law makes it an unlawful employment practice for an employer to refuse to hire, or to discharge, demote, fine, suspend, expel, or discriminate against, an individual because an employee exercised their right to bereavement leave.

  • Read more about AB-1949 here.

California COVID-19 Supplemental Paid Sick Leave

  • This has been extended through December 31, 2022.

  • This new bill permits employers to to require an employee to take a second test at least 24 hours after the initial positive test and provide proof of the test results in order for the employee to remain eligible for COVID-19 Supplemental Paid Sick Leave.

  • Permits employers to deny COVID-19 Supplemental Paid Sick Leave to an employee who refuses to provide COVID-19 test results.

  • This bill establishes the California Small Business and Nonprofit COVID-19 Supplemental Paid Sick Leave Relief Grant Program to assist certain qualified small businesses or registered nonprofits that are incurring costs for COVID-19 Supplemental Paid Sick Leave through January 1, 2024. Employers who provided COVID-19 Supplemental Paid Sick Leave in 2022 can apply for up to $50,000 to cover costs when they meet eligibility criteria.

  • Read more about AB 152 here.

CFRA & Paid Sick Leave Expands List of Family Members to Allow Employees to Add a “Designated Person”

  • This bill expands the family member list to also include a “designated person.”

  • This bill defines “designated person” as “any individual related by blood or whose association with the employee is the equivalent of a family relationship.”

  • This bill allows the employee to define their designated person at the time the employee requests time off, however, the employer may limit the employee’s “designated person” to one individual per 12-month period.

  • Read more about AB 1041 here.

Discrimination and the Use of Cannabis

  • This bill makes it unlawful for employers to discriminate or take adverse action against employees for cannabis use off the job and away from the workplace.

  • This bill does not make it unlawful for employers to take adverse action against a current or prospective employee for possessing, being impaired by, or using cannabis on the job or at the worksite.

  • This bill requires that if an employer desires to screen for cannabis, the test must be one that tests for impairment, generally determined by the presence of the chemical compound Tetrahydrocannabinol (THC) in a person’s system, which is a psychoactive chemical.

  • This bill does not preempt drug testing requirements imposed because the employer receives federal funding, it is a requirement to obtain federal licensing, or it is a term of entering into a federal contract.

  • This bill takes effect January 1, 2024.

  • Read more about AB 2188 here.

If you have questions about this information, please do not hesitate to contact me at kpierce@truckeehr.com




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