Important Employment Law Updates Effective January 1, 2024
Effective January 1, 2024, several significant employment law updates will take effect in California. These updates include the sunset of COVID-19 exposure notice requirements, expansion of prohibitions on discrimination based on off-duty cannabis use, and the Equal Pay and Anti-Retaliation Act to establish easier retaliation claims. Employers need to be aware of these changes to ensure compliance and maintain fair workplace practices.
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COVID-19 Exposure Notice Requirement Will Sunset on January 1, 2024 The law (AB 685)that mandated employers to notify employees, local and state public health officials of COVID-19 cases in the workplace will now sunset on January 1, 2024 Still Required Under Cal/OSHA Non-Emergency Regulation on COVID-19 Standards to Provide Certain Notices to Close Contact Employees and COVID-19 Cases
AB 2188- Expansion of Prohibitions on Discrimination Based on Off-Duty Use of Cannabis Effective January 1, 2024, Unlawful for Employer to Discriminate Against an Applicant or Employee Based On: Use of Cannabis Off the Job and Away from the Workplace Results of Drug Screenings that Test for Nonpsychoactive Cannabis Metabolites Employers may still discriminate against an Applicant or Employee Based on the Results of Drug Screenings that Test for Psychoactive Components of Cannabis (e.g., THC) AHS Marijuana: Recreational and Medical Use policy still remains in effect
SB 700 - Expansion of Prohibitions on Discrimination Based on Off-Duty Use of Cannabis Expands protections for employees who legally use cannabis effective January 1, 2024 Makes it unlawful for employers to ask applicants about prior cannabis use Prohibits use of an applicant s or employee s criminal history related to prior cannabis use in hiring, termination, or any term or condition of employment Exception for information about prior cannabis use obtained from criminal history if employer is allowed to consider or inquire about this under FEHA or other law Again, AHS Marijuana: Recreational and Medical Use policy still remains in effect
SB 497- Equal Pay and Anti-Retaliation Act, effective January 1, 2024 Makes it easier to establish retaliation claims by creating a rebuttable presumption that the employer retaliated against the employee if the adverse employment action was within 90 days of the complaint/ protected activity 90-day rebuttable presumption applies to claims under -Whistleblower statute (Labor Code Section 1102.5) -Equal Pay Act (Labor Code Section 1197.5) -Wage and Hour (Labor Code Section 98 et seq)
SB 616: Expansion of Paid Sick Leave Law Expands Paid Sick Leave Law Minimum Annual Accrual from 3 Days/24 Hours to 5 Days/40 Hours effective January 1, 2024 Expands Paid Sick Leave Law Minimum Accrual Cap from 6 Days/ 48 Hours to 10 Days/80 Hours Modifies Alternative Accrual Methods Based on Increased Minimum Annual Accrual Applies Reasons for Use of Paid Sick Leave to Employees Under Collective Bargaining Exemption to Paid Sick Leave Law
SB 848: Reproductive Loss Leave Effective January 1, 2024 Employers must provide up to 5 days of reproductive loss leave Reproductive loss events include: failed adoption, failed surrogacy, miscarriage, stillbirth, or an unsuccessful assisted reproduction Maximum of 20 days in 12-month period if multiple events Must take leave within 3 months of event or end of CFRA or other protected leave if used
SB 525; Minimum Wage for Healthcare Employees Depending on Specific Criteria of Hospital/Health Care Facility, Beginning June 1, 2024, a New Minimum Wage of Either $18, $21, or $23 Per Hour Will Apply With a Phase In Up to $25/Hour County-Owned, Affiliated, or Operated Health Care Health Care Facilities Have Until January 1, 2025 Before New Minimum Wage Applies Health Care Employee defined as health care services, or services supporting the provision of health care, which includes, but is not limited to, employees performing work in the occupation of a nurse, physician, caregiver, medical resident, intern or fellow, patient care technician, janitor, housekeeping staff person, groundskeeper, guard, clerical worker, nonmanagerial administrative worker, food service worker, gift shop worker, technical and ancillary services worker, medical coding and medical billing personnel, scheduler, call center and warehouse worker, and laundry worker, regardless of formal job title
SB 525; Minimum Wage for Healthcare Employees (contd) Also potentially includes contracted or subcontracted employees of health care facility Excludes public sector employee where primary duties are not health care Services
AB 1484 Temporary Public Employee Collective Bargaining AB 1484 takes into effect January 1, 2024 & applies to Temporary Public Employees Who Perform the Same or Similar Type of Work as Permanent Represented Employees Upon Request of Union/Employee Association of Similar Permanent Represented Employees: Temporary Employees Shall Be Automatically Included in the Same Bargaining Unit as the Permanent Employees The Parties Shall Engage in Collective Bargaining for Temporary Employees to be an Addendum to Current MOU. Ability to Request a Future Single MOU for Both Temporary and Permanent Employees No Obligation to Establish the Same Terms and Conditions of Employment for Permanent and Temporary Employees
Public Employer Required to Provide Following Information to Temporary Employee Upon Hire (and to Employee Association/Union Within 5 Business Days of New Hire): Job Description; Wage Rates; Eligibility for Benefits; Anticipated Length of Employment; and Procedures to Apply for Open, Permanent Positions. Employee Information Provided to Employee Association/ Union Under Gov t Code 3558 Shall Include Anticipated End Date or Actual End Date of Temporary Employee Agencies are not required to make changes to existing bargaining units unless a labor organization requests that temporary employees be added. Some labor organizations may choose not to add temporary employees to existing units based on the preferences of existing members and current temporary employees.
AB 449 Hate Crimes Policy By July 1, 2024, Law Enforcement Agencies are Required to Implement a Hate Crimes Policy and Provide Training to Peace Officers on the Application of Such Policy. Amends Penal Code 422.87, 13023, and 13519.6
COVID: https://www.dir.ca.gov/dosh/coronavirus/Non_Emergency_Regulations/ Cannabis: https://www.calpublicagencylaboremploymentblog.com/hiring/californias-cannabis-anti-discrimination-law-is- modified-before-january-1-2024-effective-date/ https://leginfo.legislature.ca.gov/faces/billNavClient.xhtml?bill_id=202320240SB700 Anti-retaliation: https://leginfo.legislature.ca.gov/faces/billNavClient.xhtml?bill_id=202320240SB497 Paid Sick Leave: https://leginfo.legislature.ca.gov/faces/billNavClient.xhtml?bill_id=202320240SB616 Reproductive Loss: https://leginfo.legislature.ca.gov/faces/billTextClient.xhtml?bill_id=202320240SB848 Healthcare minimum wage: https://leginfo.legislature.ca.gov/faces/billNavClient.xhtml?bill_id=202320240SB525 Temporary ee unionized: https://www.calpublicagencylaboremploymentblog.com/employment/ab-1484-adopts-enhanced- representational-rights-for-temporary-employees/ Hate Crime: https://leginfo.legislature.ca.gov/faces/billNavClient.xhtml?bill_id=202320240AB449
Talent Management 2023 Summary Average Time to fill Time to onboard Employees 59.17 21.68 Days Days Total Number of Job Filled Total FTEs 1,916 1,117.50 Number of Jobs filled Internal Candidates Number of Jobs Filled External Candidates 926 990 Number of Jobs Filled in Nursing Category Average Time to Fill Nursing Jobs Average time to onboard Nursing Jobs 672 68.08 18.88 Days Days
HealthPATH Program Students Served Gateway to Health Careers Internship 20 2022-2023 On-Ramp to Health Careers Internship 18 2023-2024 On-Ramp to Health Careers Internship 24 2022-2023 HEAL Program Internship 232 120 2023-2024 HEAL Program Internship Next Level Youth Internship 8 ER Tech Highway to Work Program 10 432
