Compiled by Weinberg Roger & Rosenfeld
The following laws that impact workers were passed by the legislature and signed by Governor Newsom in 2023. They take effect in 2024.
Effect on workers when grocery stores change ownership
Starting January 1, 2024, the Protect Grocery Workers Jobs Act (AB 647) will protect grocery and ware- house workers’ jobs by strengthening existing statewide grocery worker re- tention laws and expanding coverage to warehouse workers.
Additional discrimination protections for California workers
Governor Gavin Newson signed into law SB 497 on October 8, 2023. California state law currently prohibits employers from disciplining, discharging, discriminating against, or otherwise retaliating against employees because the employee engaged in certain protected conduct. SB 947 establishes a “rebuttable presumption” in favor of an employee’s claim if an employer retaliates against the employee within ninety (90) days of engaging in protected activity. Protected activity under SB 947 includes making a wage claim or a complaint about unequal pay. The bill establishes that in addition to other remedies, an employer is liable for a civil penalty of up to $10,000 per employee for each violation, awarded to the employee who was retaliated against. The new law goes into effect on January 1, 2024.
California employers now prohibited from discriminating against applicants on the basis of prior cannabis use
In a significant development on October 7, 2023, Governor Gavin Newsom signed Sen- ate Bill 700 (“SB 700”) into law, which amends California’s Fair Employment and Housing Act (“FEHA”) to protect job applicants from discrimination based on prior cannabis use. This new provision became effective on January 1, 2024.
Massive victory for California healthcare workers: First-in-nation $25 minimum wage
Thanks to a monumental, years-long effort from healthcare workers and their unions, over 400,000 workers at various healthcare facilities across California will see significant wage in- creases as early as July 2024. Under Senate Bill (“SB”) 525, the minimum wage for workers who provide direct patient care or support services at large hospitals and dialysis clinics will be raised to $23 in 2024, $24 in 2025, and $25 in 2026. The minimum wage for another group of workers at smaller healthcare facilities will move to $21 in 2024, $23 in 2026, and $25 in 2028. There are separate timelines for workers at community clinics and “financially distressed” healthcare institutions, but in sum, the bill requires progressive minimum wage increases for all covered health- care workers over the next few years.
[Ed. Note] Sadly, Governor Newsom has indicated that he may delay implementation of this wage increase due to the state’s current budget deficit.SB 616 increases California paid sick leave requirement from 3 to 5 days
The legislature substantially increased the amount of paid sick leave required by California law. The new law (which takes effect on January 1, 2024) preserves the existing accrual rate under California’s paid sick leave law (one hour accrued for every 30 hours worked). However, employers may use a different accrual method as long as el- igible employees accrue (a) no less than 24 hours (or 3 days) of paid sick leave by the end of their 120th day of employment, or (b) no less than 40 hours (or 5 days) of paid sick leave by the end of their 200th day of employment.
AB 800 establishes workplace readinessweek to educate high school students on workers’ rights and the labor movement AB 800 becomes effective in California on August 1, 2024. The bill establishes the week that includes April 28 as Workplace Readiness Week, which shall be a part of Labor History Month in May each year. During this week, all public high schools, including charter schools, will be required to provide students in grades 11 and 12 with information on workers’ rights, including laws on child labor, wage and hour protections, worker safety, workers’ compensation, unemployment insurance, paid sick leave, paid family leave, state disability insurance, the California Family Rights Act, and the prohibition against misclassification of employees as independent contractors.
Schools will also be required to educate these students on their right to organize a union in the workplace, prohibitions against retaliation, and the labor movement’s role in winning labor protections for workers. Furthermore, schools must provide students with an introduction to state-ap- proved apprenticeship programs as an alternative career path.
For more information on these laws, go to www.unioncounsel.net.