A slate of new protections for workers are now on Gavin Newsom’s desk as the 2023-2024 California legislative session officially ends. The dedicated advocacy of California Employment Lawyers Association has resulted in several promising measures one signature away from bringing new protections to California’s workers.
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Expanding Protections for Household Domestic Services
SB-1350 expands the California Occupational Safety and Health Act’s definition of “employment” to include household domestic services. The amended definition permits California to enforce and administer all occupational health and safety laws to protect employees performing household services. Previously, domestic workers were explicitly exempted from traditional worker protections.
These protections are critical for the domestic service industry. In the California, domestic workers are largely migrants and women of color.  The state contains an estimated 350,000 workers for 2 million households. These workers provide care to the most vulnerable populations of immunocompromised and senior individuals. They suffer the consequences of poor labor protection. A majority of surveyed household domestic workers (84%) have reported preventable musculoskeletal injuries and chronic pain, and over half of the surveyed workers (55%) reported working through their injuries due to fears about job security.

Intersectionality in Anti-Discrimination Protections
SB-1137 expands civil right protections in public schooling, public accommodations, housing, and employment. While the law currently affords protections against discrimination based on a protected trait, this bill expands those protections for any combination of two or more protected traits.
Senator Smallwood-Cuevas, the bill sponsor, recognized that individuals with intersectional identities could face discrimination that does not neatly fall into any single  category of discrimination. The bill is a common-sense reform that addresses this “intersectional discrimination” against Californians with overlapping identities. Advocates argue that the recognition of intersectional discrimination has judicial precedent. The EEOC and the Ninth Circuit have already recognized that protected characteristics can overlap creating an entirely unique form of discrimination.

Enhancing Employment Protections for Survivors of Violence
AB-2499 provides greater employment protections for survivors of violence.  Existing law requires an employer to provide reasonable accommodations for a survivor of violence or crime. Pre-existing protections forbid employers from discharging or discriminating against employees because of their status as a survivor of crime, abuse, or for taking time off to serve on a jury or as a witness in a judicial proceeding.
Amending existing law, this bill revises the definition of an unlawful employment practice under the California Fair Employment and Housing Act to include discrimination or retaliation against an employee for taking protected time off. California’s Civil Rights Department would have enforcement authority over violations of jury, court, and victim time off provisions. This bill addresses the growing impact of crime on employees. One in six victims of violent crime report job loss or demotion and 53% of domestic violence survivors report job loss due to their circumstances.

For more on the latest developments in employment law, visit our blog here. If you believe your employer may have violated workplace laws, click here to get in touch with our office

​Lauren Teukolsky was recently quoted in a Bloomberg Law article about the new PAGA reform package passed by the California Legislature in early July 2024. The package represents a compromise between businesses and labor groups that aims to strengthen worker protections while allowing employers to cure violations and face lower penalties. The reformed law, decades-long in the making, avoids a contentious ballot measure that would have repealed PAGA entirely if passed.

Several measures of the reform package benefit workers.  If a PAGA plaintiff recovers penalties for Labor Code violations, aggrieved employees get to keep 35% of the penalties, up from 25% under the previous law.  As before, the remainder of penalties are paid to the State.  Workers are also authorized to seek injunctive relief (i.e., a court order to require an employer to stop an unlawful practice), a remedy not authorized by the previous law. 

Other measures favor employers. Subject to limited exceptions, employees are now permitted to seek penalties only for Labor Code violations they have actually suffered.  Previously, an employee who suffered one type of violation could file a PAGA suit on behalf of other employees for any violation of the Labor Code.

A crucial aspect of the PAGA reform package is the early evaluation conference, theoretically aimed at reducing litigation length and costs. Now, large employers with more than 100 employees can request an early evaluation conference which halts ongoing litigation until a neutral third party assess the plaintiff’s claims, the company’s efforts to comply with the Labor Code, and plans to cure violations. Smaller employers may access a similar process through the Labor and Workforce Development Agency.  If employers can demonstrate they have cured the violations, PAGA penalties may be capped.

PAGA practitioners and courts will need to grapple with setting up early evaluation conferences in the months to come.  The reform package does not dictate how courts are supposed to implement the early evaluation program, leading PAGA practitioners like Ms. Teukolsky to wonder how courts with limited resources will implement such programs, especially in the face of recent budget cuts that have slashed court services. 

The Bloomberg article quoted Ms. Teukolsky saying,  “While courts that frequently handle PAGA lawsuits, like Los Angeles Superior Court, probably will establish high functioning evaluation programs, it’s less clear what will happen with smaller courts that don’t see as much of that kind of litigation.”   

Ms. Teukolsky has represented workers for over two decades and her commentary on the latest developments in employment law is regularly featured by major publications such as Bloomberg Law, Law360, Law.com, and the Los Angeles Times.

To read the article in its entirety, click here. If you believe you’ve been treated unlawfully in the workplace and want to get in touch with our office, click here.

AB 1228 took effect on April 1, 2024, meaning fast-food workers across California are now subject to a new $20 minimum wage. Many of the state’s more than half a million fast-food workers will see their wages raised as a result.

AB 1228 was signed into law last fall by Governor Gavin Newsom. Proponents of the bill believe the new play floor is necessary in light of changes to the fast-food industry’s workforce. Whereas in the past fast-food workers were often teenagers trying to earn spending money, nowadays fast-food workers are largely adults trying to support their families. Despite California’s $16 minimum wage, the second highest in the nation, many of these workers still find themselves in search of additional jobs to make ends meet.

Critics of the bill, many of whom are franchise owners, have complained that the law will force them to lay off staff and pass on their increased costs to customers. However, researchers have found that, as California doubled its minimum wage over the past decade, wages increased without employment falling.
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The new minimum wage increase will apply to restaurants offering limited or no table service and which are part of a national chain with at least 60 establishments nationwide, with some exemptions. The law also figures to increase the wages of those outside of the fast-food industry, as employers compete for employees that may now be attracted to the industry’s higher minimum wage. 

2023 was a big year for California’s state legislature. From crime and healthcare to housing and schools, California’s legislators passed a bevy of new laws, including many that will significantly impact workers. Though some of these laws won’t be effective for a few more months, many have already taken effect. We discuss the most significant ones below.

Crackdown Against Noncompete Agreements
California has long been a leader in the fight against noncompete agreements, which restrain worker mobility and suppress wages. With the passage of SB 699, however, the state has taken its fight to another level, making most noncompete agreements unenforceable “regardless of where and when the contract was signed” and “regardless of whether the contract was signed and the employment was maintained outside of California.”

In practice, this means that out-of-state companies intending to enforce noncompete agreements against employees or former employees seeking work in California will be unable to do so, barring some exceptions.

Unpaid Leave for Reproductive Losses
SB 848 allows California’s workers to take up to five days of unpaid leave following a “reproductive loss event.” The law defines such events as “the day or, for a multiple-day event, the final day of a failed adoption, failed surrogacy, miscarriage, stillbirth, or an unsuccessful assisted reproduction.” The law also prohibits employers from retaliating against employees for taking reproductive loss leave.

More Paid Sick Leave
Due to the passage of SB 616, California’s workers now have the right to accrue and use up to five days (or 40 hours) of paid sick leave. The state’s workers were previously guaranteed a minimum of three paid sick leave days.

Protections for Cannabis Users
AB 2188 was actually passed after the 2022 legislative session but did not take effect until this month. The law prohibits employers from discriminating against individuals on the basis of cannabis use “off the job and away from the workplace,” with some exceptions.

Similarly, a law from this past legislative session, SB 700, prohibits employers from requesting information from job applicants about their prior use of cannabis. The law also prohibits employers from using information obtained from an applicant’s criminal history about their prior cannabis use, with some exceptions. 

For more on the latest developments in employment law, visit our blog here. If you believe your employer may have violated workplace laws, click here to get in touch with our office. 

Last Saturday was the deadline for California Governor Gavin Newsom to either sign or veto the roughly 1,000 bills that made it to his desk. Below is a recap of some of the most notable employment bills that the Governor signed or vetoed.

Higher Minimum Wages
Governor Newsom signed a pair of bills, AB 1228 and SB 525, that set higher minimum wages for workers in the fast food and healthcare industries. Under AB 1228, fast-wood workers’ minimum wage will be bumped to $20 an hour in April. Hundreds of thousands of healthcare workers in the state will see their minimum wage eventually increased to $25 an hour under SB 525.

Employers Lose a Delay Tactic
SB 365 allows employment lawsuit proceedings to move forward, rather than pause, when defendants appeal orders denying a request to compel arbitration. Governor Newsom signed the bill, effectively undercutting a tactic that sometimes-allowed employers to delay cases for years at a time.

More Paid Sick Days
Starting next year, California’s workers will be entitled to at least five days of paid sick leave, up from the current minimum of three days, as a result of Governor Newsom signing  SB 616.

Family Caregiver bill Nixed
In a defeat for employees, the Governor vetoed AB 524, a bill that would have added “family caregiver status” to the list of protected characteristics that employers cannot consider when making employment decisions such as hiring and firing.

No Unemployment Benefits while on Strike
SB 799 would have allowed  workers to collect unemployment insurance benefits while on strike. Governor Newsom vetoed the bill, citing the multi-billion-dollar debt that California’s unemployment insurance program incurred to keep benefits flowing during the pandemic.
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To see what other important employment bills were signed and vetoed by the Governor, click here. 

Thursday, September 14th marked the deadline for California’s two legislative bodies – the state assembly and state senate – to pass bills. Bills passed by both bodies will now head to Governor Gavin Newsom’s desk, where the governor will have one month to determine which bills to sign into law.

The employment bills Mr. Newsom will consider for approval run the gamut, from legislation on caregiver discrimination to bills increasing paid sick days. Below is a recap of the bills at the governor’s desk that figure to have the greatest impact on California’s workers if approved.

Family Caregiver Discrimination – AB 524 
AB 524 would amend the state’s Fair Employment and Housing Act (FEHA) by adding “family caregiver status” to the list of protected characteristics that employers cannot take into account when making employment decisions such as hiring and firing.

Consideration of this bill comes at a critical time. Caregivers are the fastest growing workplace identity group and may make up us much as 73% of the American workforce. More than 63 million Americans care for at least one child, and 40.4 million Americans provide unpaid care to someone aged 65 years or older. The pandemic’s aftermath and America’s rapidly aging population have only exacerbated the challenges faced by caregivers.

Arbitration Appeal Delays – SB 365
When trial courts find that a forced arbitration agreement is invalid, employers frequently use delay tactics, such as filing an appeal, that can effectively pause a case for years at a time. If signed into law, SB 365 would undercut such tactics and allow employment lawsuits to move forward when defendants file appeals involving a petition to compel arbitration. 

WARN Act Expansion – AB 1356 
California’s Worker Adjustment and Retraining Notification (WARN) Act protects employees by requiring employers to give a 60-day notice to affected employees before a plant closing or mass layoff. AB 1356 would expand the WARN Act’s protections by requiring employers to provide employees with 75 days of advance notice. It would also prohibit employers from requiring employees to waive their rights by signing onerous severance agreements with releases and non-disparagement provisions in exchange for the payment of back wages.  The bill was inspired by the massive layoffs at tech companies like Google and Meta, particularly Elon Musk’s alleged mishandling of layoffs at the company formerly known as Twitter.

Additional Paid Sick Days- SB 616
SB 616 would require California’s employers to provide workers with five days of paid sick leave instead of the current allotment of three. Increasing the number of paid sick will reduce the frequency at which workers, particularly low-income workers, are forced to make difficult decisions between foregoing pay and going to work sick. If signed into law, the bill is also expected to strengthen public health protections. According to the Washington Center for Equitable Growth, “paid sick leave guarantees are seen by many public health experts as one of the strongest tools in stopping the spread of infectious diseases.”

For a list of other employment bills heading to Mr. Newsom’s desk, click here. The governor will have until October 14th to sign bills from this year’s legislative session into law.

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.
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If you believe your employer is behaving unlawfully and want to get in touch with Teukolsky Law, click here. 

On Tuesday, September 27, California Governor Gavin Newsom signed S.B. 1162 into law, requiring companies of 100 or more employees to submit annual reports detailing the mean and median pay of their employees 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. According to US Census figures, women earn about 83 cents to a man’s dollar. Black women are paid about 58 cents for every dollar a White man earns.

In addition to reporting requirements, the new law mandates that California companies with 15 or more employees include pay scales in their job postings. Those companies will also be required upon request to provide employees with the pay scale of their jobs and maintain job title and wage history for every employee. That data will be subject to inspection by California’s Labor Commissioner. Companies that fail to comply with this mandate could face penalties of up to $10,000.

Teukolsky Law congratulates all of those who fought for the bill’s passage, including the California Employment Lawyer’s Association, which sponsored the bill.
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If you believe you are not being paid properly, click here to get in touch with our office. To read S.B. 1162 in its entirety, click here.

Lauren Teukolsky was quoted in a September 19th article by Bloomberg Law on AB 2188, a recently signed bill in California that prohibits employers from discriminating against workers who use cannabis in their off-work hours. Once the bill goes into effect on January 1, 2024, it will be illegal for California employers to make any employment decisions based on an employee’s use of cannabis “off the job and away from the workplace,” according to the law’s text.  This means, for example, that an employer may not fire an employee who used cannabis use when they were off the job and away from work.  Hiring decisions will be limited in this manner as well.

The law will not apply to workers in building and construction trades or those holding positions that require a federal background clearance. Also, the bill will not permit employees to possess, to be impaired by, or to use, cannabis on the job.

Governor Newsom’s signing of the bill represents a huge victory for many of California’s workers. Even though recreational cannabis has been legal in the state since 2018, and medicinal cannabis has been legal since 1996, California’s laws and cannabis testing technology are only just beginning to catch up. Standard drug tests still screen for substances in the body that may be present days or even weeks since an individual used cannabis. This means that, before AB 2188 takes effect, a worker or job applicant could still be fired or denied employment for having used cannabis during their own free time, weeks prior to any test being administered.

Some employer-side attorneys have suggested that AB 2188 inappropriately amends California’s Fair Employment and Housing Act (FEHA) to afford cannabis users the same protections as minorities or other protected classes.  Ms. Teukolsky counters that notion.  As stated in the Bloomberg Law article:

“[D]iscipline against those who smoke or ingest marijuana disproportionately affects workers of color, said Lauren Teukolsky, who represents workers in court. It was one of the reasons Amazon.com Inc. stopped drug testing during the hiring process. The new law shielding marijuana consumers ‘is entirely consistent with FEHA’s aim of eliminating discrimination against people of color in the workplace,’ Teukolsky said in an email.”
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To read the Bloomberg Law Article in its entirety, click here. If you believe your employer is behaving unlawfully and want to get in touch with Teukolsky Law, click here. 

On Labor Day, California Governor Gavin Newsom signed AB 257 into law. The bill, also known as the FAST Recovery Act, is aimed at raising wages and improving the working conditions of California’s more than 550,000 fast-food workers by establishing a new state council with the power to set state-wide minimum standards for the fast-food industry.

The 10-member council will consist of political appointees from state health and labor agencies, as well as food industry officials, fast food workers, and union representatives. It will have the authority to raise the minimum wage for industry workers up to $22/hour and issue new safety and anti-discrimination rules. The standards set by the council would apply to any chain in California that has at least 100 stores nationwide that share a common brand.

AB 257 also improves the collective bargaining power of fast-food workers across California. Currently, wages and conditions in the U.S. are typically negotiated between workers and management at individual companies, often location by location. In these settings, workers frequently lack leverage against their employer. However, under AB 257, fast-food workers throughout California will have representatives negotiating on their behalf to set industry-wide standards.
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Teukolsky Law would like to congratulate all the fast-food workers, unions, and labor allies that fought and advocated for AB 257. If you are a fast-food worker and believe your employer has violated the law, click here to get in touch with Teukolsky Law.