2022 was a big year for employment law in California, with Governor Gavin Newsom signing a slew of employment bills into law that will improve protections and conditions for the state’s workers. Now that the Governor has finished signing new laws for the year, Teukolsky Law would like to take a moment to review the progress that’s been made for California’s workers.
(All bills take effect on January 1, 2023, unless otherwise noted.)
Assembly Bill 1041
AB 1041 allows employees to take paid sick leave and family leave to care for a “designated individual.” California law previously allowed employees to take family leave only for family members, whereas AB 1041 allows employees to take time off to care for “chosen family,” or anyone they designate at the time they request leave.
Assembly Bill 1949
AB 1949 amends California’s Fair Employment and Housing Act (FEHA) to require that employers grant their employees at least 5 days of unpaid bereavement leave, or time off for the death or funeral of a family member. Previously, California law did not guarantee any time off for the death of a family member, which meant that an employee who took time off to attend a funeral could be fired.
Assembly Bill 2188
AB 2188 prohibits employers from discriminating against job applicants and employees on the basis of cannabis during their off-work hours. AB 2188 will take effect on January 1, 2024. We covered this bill in a previous post, which is here.
Senate Bill 836
SB 836 reinstates a law that protects a person’s immigration status from disclosure in public court proceedings. This protection stopped employers from using a worker’s immigration status to deter the worker from bringing legal claims against the employer. It ended at the beginning of 2022, and this bill reinstates it. SB 836 is already in effect.
Senate Bill 1162
SB 1162 requires companies of 100 or more employees to submit annual pay data reports broken down by race and gender to California’s Civil Rights Department. This reporting will assist the State in combating pay disparities along race and gender lines. This bill would also require employers with 15 or more employees to provide a salary range on all job postings. You can learn more about this bill in a previous post of ours here.
Congratulations to the Governor, California’s state legislature, and all of the groups that worked to get these bills passed into law, including the California Employment Lawyers Association (CELA), which sponsored all of these bills.
If you believe your employer is behaving unlawfully and want to get in touch with Teukolsky Law, click here.
On Thursday, Governor Newsom signed three more bills to protect California’s workers during the COVID-19 pandemic. California is already considered one of the most worker-friendly states to work during the pandemic, according to a recent Oxfam report which looks at measures like the amount of mandated paid leave and protection against forced return to work.
SB 1159 by Senator Jerry Hill (D-San Mateo) makes it easier for employees infected with COVID-19 to claim workers' compensation benefits. The law creates a rebuttable presumption that certain employees contracted the virus at work, thereby making them eligible for benefits.
AB 685 by Assemblymember Eloise Gómez Reyes (D-San Bernardino) requires businesses to inform their employees in writing within one business day if the business receives notice of a potential COVID exposure at the workplace. Under the new bill, CalOSHA is allowed to determine if certain workplaces are imminently hazardous enough to prevent certain operations and processes. Cal OSHA is also now authorized to issue citations for coronavirus violations without needing to follow the usual pre-citation requirements.
SB 1383 (19R) by Senator Hannah-Beth Jackson (D-Santa Barbara) expands the California Family Rights Act (CFRA). Starting in January 2021, SB 1383 will broaden coverage by extending job-protected leave to businesses with 5 or more employees, and by extending the list of relatives one can care for to include siblings, grandparents and grandchildren.
If you think you been denied family leave or have concerns about workplace safety, contact Teukolsky Law today for a free consultation.
Lauren Teukolsky is the founder and owner of Teukolsky Law, A Professional Corporation.