California Workplace Compliance
News & Resources
Welcome to California, land of opportunity, lawsuits, wealth, unemployment, highways, droughts, earthquakes, agriculture, Hollywood, Silicon Valley, farmland, beaches, deserts, forests, national parks and crowded urban centers. Or, to put it simply: Welcome to California, land of contradictions.
For years, companies have alternately benefited from and bemoaned California’s business climate. While a broad population of consumers and a constant influx of skilled workers make it easy to build a business, the state’s complex and onerous regulatory laws make it difficult to survive and achieve sustained growth.
Stay on top of safety and compliance the right way with this California-specific information but be sure to seek legal counsel when you’re looking for how these changes will directly impact your business. Wherever available, KPA products are updated with the latest government notices and posters for employers.
California Safety News
If you haven’t done so yet, it’s time to calculate your 2023 CDTFA fees. Two specific fees will need to be paid based on your business practices and employee counts: the Generation and Handling Fee and the Environmental Fee. Most businesses may need to setup an CDTFA account.
Generation and Handling Fee
The Generation and Handling Fee is an annual fee paid by businesses that generates more than five tons of hazardous waste in the applicable reporting period. Please note that if this is your first year paying the fee you may have to manually add this as a business activity in the CDTFA portal. The CDTFA will not proactively add this business activity.
Examples of hazardous wastes typically generated at an automotive dealership that are subject to this annual fee include but aren’t limited to:
- Used motor oil
- Waste coolant
- Waste paper filters
- Oily water
- Waste paper filters
- Non-manifested universal waste
- Recycled hazardous waste (including recycled oils)
You will need to determine the amount of hazardous waste your dealership produce and calculate the cost of your fees.
Calculating Your Fee
The Generation and Handling fee is charged at a flat rate per ton (or fraction of a ton) on hazardous waste generated during the applicable reporting period. For this year, this is waste produced in the calendar year 2022. Submittals are required for each generator site which is determined by individual EPA ID number. Please note this is referred to as the Dec 2023 filing in the CDTFA portal.
If you do not know the amount of hazardous waste generated, you can contact your hazardous waste hauler to determine the amount of hazardous waste generated. Fees are calculated at $49.25/ton or fraction of a ton. As you enter tonnage data into the CDTFA portal, the system will calculate the fee for you.
The initial payment was due on November 30, 2023. This should have been equal to 50 percent of the total amount due for the hazardous waste generation and handling fee. The final payment for your fees is due February 28, 2024. If you didn’t make your prepayment, you should make a full payment at this time.
Environmental Fee
The Environmental Fee is an annual fee paid by businesses and organizations that use, generate, store, or conduct activities related to hazardous materials. All businesses, unless otherwise exempted, are subject to the hazardous waste environmental fee if they have 100 employees or more that worked greater than 500 hours during the calendar year 2023.
Exemptions are limited to specific businesses that provide residential social and personal care for children, the aged, and persons with limited capacities.
Simply enter the number of employees in the CDTFA portal and the portal will calculate the applicable fees
In February 2023, California’s Office of Administrative Law approved the COVID-19 Prevention – Non-Emergency Standard. It classifies COVID-19 as a permanent workplace hazard for employers to address. It’s now in effect for the next 2 years until February 3, 2025. Recordkeeping obligations are in place through 2026.
The permanent non-emergency standard:
- Modified definitions for “close contacts,” “infectious period,” and “returned case.”
- Allows employers to address COVID-19 procedures in their written Injury and Illness Prevention Plan (IIPP) or maintain a separate document.
- Requires employees to be trained on the new regulation requirements.
- Removes daily symptoms check. Encourage employees to stay home when they’re sick.
- Eliminates exclusion pay — employers do not have to maintain an excluded employee’s earnings and benefits.
- Permits employers to put up a poster for 15 days in a noticeable area of the facility, such as a break room, to notify employees about close contacts.
- Stipulates reporting major outbreaks (20+ employee cases) to Cal/OSHA. However, employers don’t need to report them to local health departments unless specifically instructed to do so.
- Requires that employers make COVID-19 testing immediately available to employees during work hours at no cost when there’s a major outbreak.
Resources
- Standards Comparison (old ETS vs. non-emergency standard)
- What Employers Need to Know Fact Sheet
- Cal/OSHA Guidance
Last year, California Senate Bill 158, took effect and removed used oil and other wastes that were previously exempt from hazardous waste fees.
The hazardous wastes typically generated at an automotive dealership that are now subject to this annual fee include:
- Recycled hazardous waste (including recycled oils)
- Non-manifested universal waste
- Waste sent outside California for disposal
- Used motor oil
- Waste coolant (CA Code 134)
- Oily water (CA Code 223)
- Waste paper filters (CA Code 352 or 223)
Additionally, under California’s Department of Toxic Substances Control (DTSC), if you dispose of used metal oil filters as hazardous waste, those filters must be added to your hazardous waste tonnage calculations. NOTE: If you punch or crush metal oil filters, they can be disposed of as scrap metal and aren’t subject to this hazardous waste fee.
You will need to determine the amount of hazardous waste your dealership produces and calculate the cost of your fees.
Calculating Your Fee
The Generation and Handling (GH) fee for hazardous waste is calculated using a flat rate per ton or fraction of a ton on hazardous waste generators for each generator site that produces 5 or more tons of hazardous waste in California within a calendar year.
Your fee for the previous calendar year must be calculated and submitted to the California Department of Tax and Fee Administration (CDTFA) annually on the last day of February. Your fee may include:
- Environmental Fees
- Generation and Handling Fees
Environmental Fees: All businesses, unless otherwise exempted, in certain industry groups identified by the DTSC that have the *qualified number of employees who are each employed for more than 500 hours in California, during the calendar year, are subject to the hazardous waste environmental fee.
*Beginning January 1, 2022, the qualifying number of employees is 100 or more workers have that worked more than 500 hours during the calendar year.
Generation and Handling Fees: For sites that produce 5 or more tons/year, the fee calculation rate is $49.25/ton or fraction of a ton. As you enter tonnage data into the CDTFA portal, the system will calculate the fee for you.
The final payment for your fee is February 28, 2023 (after the reporting period).
If You Don’t Know Your Tonnage
- Contact your dedicated waste hauler to determine your total tonnage.
- Register online with the CDTFA and complete the fee process.
- Keep records of the fee completion
- Consult with your tax consultant on the calculation of your fee and recordkeeping requirements
California Advertising, Sales, Finance, and Insurance News
The California Legislature has passed Senate Bill 766, the California Combating Auto Retail Scams (CARS) Act, and Governor Newsom has signed it.
The New California CARS Act is scheduled to take effect on October 1, 2026, giving you just 12 months to prepare for the most comprehensive auto retail compliance law in the nation. If you’re a California dealer or if you sell vehicles to California consumers from out-of-state, full compliance is mandatory.
The Executive Risk: Penalties and Personal Liability
When the FTC previously pursued deceptive auto sales practices, it sought penalties and consumer redress not only against the dealership entities but also against individual owners, executives, and employees.
The California CARS Act provides new grounds for the California Attorney General and District Attorneys to do the same, leveraging the state’s Unfair Competition Law to seek:
- Significant Civil Penalties (thousands of dollars per violation).
- Targeted Enforcement against the individuals who directed or carried out illegal practices.
Your compliance gap is not just a business risk—it is a personal risk to your career and finances.
CARS Act’s Core Requirements:
The CARS Act mandates strict consumer protections, including:
- Total Price Disclosure: Required in ALL advertisements and first written communications. This must be the full, final price a consumer can pay, excluding only taxes and governmental fees.
- Total Cost of Ownership: Clear, conspicuous disclosure of the total amount a consumer will pay over the life of a financed transaction.
- 3-Day Right to Cancel: A new right for used-car buyers (for vehicles under $50,000) to return the vehicle for any reason, subject to strict mileage and condition limits.
- Ban on Valueless Add-Ons: Prohibits charging for products that provide no benefit to the vehicle or the buyer (e.g., oil changes for an EV).
- Comprehensive Record-Keeping: Dealers must retain all records (ads, communications, contracts, and cancellations) to demonstrate compliance for at least two years.
The Out-of-State Trap:
Think your out-of-state location makes you safe? Think again.
If you actively market to or sell vehicles to California residents, you risk establishing personal jurisdiction with the state, making you fully subject to this law.
California HR News
Who: California employers
When: Effective January 1, 2026
On October 3, 2025, California Governor Gavin Newsom signed SB 446 into law. It amends the data breach notification law under Civil Code Section 1798.82. Businesses must notify residents within 30 calendar days of the discovery or notification of a breach. If the breach impacts 500 or more residents, they must notify the California Attorney General within 15 calendar days of informing the affected residents of the security breach. Businesses may delay notification to accommodate law enforcement’s needs or to determine the scope of the breach and restore data integrity.
How to comply:
- Review your incident response plan to ensure compliance with the law, including deadlines and notice requirements.
- Continue using the existing model security breach notification form. (See SB 446 link below.)
Resources:
Who: California employers developing AI
When: Effective January 1, 2026
SB 53, known as the Transparency in Frontier Artificial Intelligence Act (TFAIA) applies to developers of advanced AI systems known as “frontier models” and is the first U.S. law to establish a framework for transparency, safety, and accountability in AI model development and deployment.
The definitions under the Act include:
- Frontier model: a foundation model trained using a quantity of computing power greater than 10^26 integer or floating-point operations;
- Frontier developer: a person who has trained or initiated the training of a frontier model; and
- Large frontier developer: a developer that, together with its affiliates, collectively earned annual gross revenues greater than $500 million in the preceding calendar year.
All frontier developers must:
- Publish a transparency report on their website that details the model; its internet address; release date; modalities; intended uses; and restrictions or conditions;
- Report critical safety incidents to California’s Office of Emergency Services within 15 days, and within 24 hours if there is a risk of serious physical injury or death; and
- Protect whistleblower employees who report safety concerns.
Large developers must:
- Create a comprehensive Frontier AI framework and publish it at least once a year and within 30 days of updates, including how they assess and mitigate risks; third-party assessments; governance practices; and cybersecurity measures;
- Publish an assessment summary of catastrophic risks and information about third-party evaluators of the risk assessment; and
- Submit a summary of catastrophic risk assessments related to internal use of their frontier models to the California Office of Emergency Services at least every three months.
The Act creates a public cloud cluster called CalCompute that fosters AI research.
How to comply:
- Review the new law and consult legal counsel to understand its impact and ensure compliance.
Resources:
Who: California employers
When: Effective January 1, 2026
On October 8, 2025, California Governor Gavin Newsom signed SB 642 into law to revise the state’s Equal Pay Act. The changes apply to all California employers and include updated definitions and an extension of the Statute of Limitations, effective January 1, 2026.
Current law requires employers to provide the pay scale to applicants and employees for their current position, and in job postings if they have 15 or more employees. The amended law defines pay scale as a “good faith estimate of the salary or hourly wage range that the employer reasonably expects to pay for the position upon hire.”
Wages and wage rates are now defined as including “all forms of pay, including, but not limited to, salary, overtime pay, bonuses, stock, stock options, profit sharing and bonus plans, life insurance, vacation and holiday pay, cleaning or gasoline allowances, hotel accommodations, reimbursement for travel expenses, and benefits.”
The law amends the definition of sex to align with the California Fair Employment and Housing Act (FEHA). References to the “opposite sex” have been replaced with “another sex.”
The law extends the statute of limitations from two to three years after the last date the cause of action occurs, whether it was willful or not. The employee can seek relief for the entire period during which a violation occurred, but for no longer than a six-year period.
How:
- Review your compensation structures and revise pay policies as needed.
- Update your job-posting policies to comply with the law.
- Train supervisors, managers, and HR personnel on the law.
Additional Resources:
Who: California employers who have tipped employees in industries such as hospitality, restaurant, and tourism
When: Effective January 1, 2026
On July 30, 2025, California Governor Gavin Newsom signed Senate Bill 648 into law, which amends California’s Labor Code Section 351 to strengthen and protect gratuities paid to employees. The law states that gratuities are the sole property of employees. Employers may not take those tips, deduct from them, or use them to offset wages.
If a customer leaves a tip on a credit card, the employer may not deduct a processing fee from the employee’s tip and must pay the full tip amount to the employee no later than the next regular payday after the transaction. Employers must keep records of all gratuities and make those records available for inspection by the California Department of Industrial Relations upon request.
Additionally, the state Labor Commissioner will have the authority to investigate and issue citations and civil penalties for tip theft based on the same enforcement procedures they currently use for wage and hour violations.
How:
- Review and update gratuity policies to reflect that you pay all tips in full and on time.
- Audit and revise your payroll procedures to ensure timely tip payments.
- Maintain accurate records of all gratuities paid.
- Train payroll staff and managers on proper tipping policies and practices.
Additional Resources:
Who: California employers
When: Effective January 1, 2026
Each year, the California Director of Finance determines whether to increase the minimum wage based on the Consumer Price Index (CPI). On January 1, 2026, the minimum wage will increase from $16.50 to $16.90 per hour for all California employers, regardless of size.
In addition:
- The minimum salary threshold for covered employees to be considered exempt from overtime will increase to $70,304 per year in accordance with the state requirement that employees must earn at least twice the state minimum wage for full-time work.
- The minimum annual salary for certain computer software employees will increase to $122,573.13 (an hourly rate of $58.85) if they are to be considered exempt from overtime laws.
- The minimum wage for certain licensed physicians and surgeons will increase to $107.17 per hour if they are to be considered exempt from overtime laws.
Employers must remember that local ordinances may impose higher minimum wages than the state does. In addition, the fast food and health care industries are subject to minimum wages greater than the state minimum wage.
How:
- Review your compensation structures and update your payroll systems.
- Train HR and payroll personnel to comply with new minimum wage thresholds.
- Update your minimum wage posters to reflect the 2026 minimum wage.
- Review and update related policies to comply with the law.
Additional Resources:
Effective January 1, 2026: California Expands Job-Protected Paid Sick and Safe Time and Unpaid Leave
Who: California employers
When: Effective January 1, 2026
On October 1, 2025, California Governor Gavin Newsom signed AB 406 into law, which expands California’s paid sick time law and the Healthy Workplaces Healthy Families Act (HWHFA) and its unpaid leave law under California Government Code Section 12945.8, effective January 1, 2026. HWHFA incorporates 12945.8. Both laws have been amended to include new reasons employees can take leave. In addition, there are new reasons employees can take leave under HWHFA.
The reasons employees can use paid sick and safe time under the HWHFA now include safe time for employees and their family members who are victims of certain qualifying acts of violence and are attending judicial proceedings related to that crime. The reasons include but are not limited to:
- Obtaining services from a victim services organization;
- Participating in meetings with prosecutors or law enforcement related to the incident;
- Attending judicial proceedings; and
- Seeking or renewing restraining or protective orders.
On July 1, 2025, the California Civil Rights Department (CRD) issued a mandatory notice titled “Survivors of Violence and Family Members of Victims Right to Leave and Accommodations,” which employers must post and distribute to employees. They also published an FAQ guide to clarify key points, such as the fact that employees may use any type of accrued leave for protected purposes. Employers are prohibited from retaliating against employees for taking a qualifying leave.
There are additional changes that change HWHFA (the paid leave law) that incorporate by reference the reasons employees can take paid leave under the existing unpaid leave law. Those reasons are if an employee is appearing in court as a witness to comply with a subpoena or other court order, or an employee is serving on an inquest jury or trial jury. Those changes went into effect on October 1, 2025.
How:
- Post the mandatory notice and distribute it to employees.
- Update leave policies, forms, and handbooks to incorporate new covered reasons.
- Train managers and HR personnel on the amendments to the law and how to properly apply them to leave requests.
Additional Resources:
Survivors of Violence and Family Members of Victims Right to Leave and Accommodations Poster
Survivors of Violence and Family Members of Victims Right to Leave and Accommodations FAQs
Who: California employers
When: Effective immediately
The effective date for the captive audience rule was January 1, 2025, which would have prevented employers in California from requiring employees to attend meetings discussing religious or political topics. On September 30, 2025, in the case of California Chamber of Commerce et al. v. Bonta et al., a California district court issued a preliminary injunction that bars the state from enforcing the law.
The court determined that SB 399 is not enforceable and that it is preempted by the National Labor Relations Act (NLRA). The NLRA prohibits employers from mandating attendance at meetings about unionization. California employers do not need to comply with SB 399 unless further legislation reverses the injunction.
How:
- Ensure that union-related meetings are voluntary rather than mandatory.
- Train supervisors on lawful practices.
- Continue monitoring state litigation and any notifications from the National Labor Relations Board.
Additional Resources:
Who: Los Angeles and Santa Monica, California hotel employers
When: Effective immediately
In June 2025, a petition was filed that challenged the Los Angeles ordinance that raised the minimum wage for hotel and airport workers. On September 8, 2025, the City Clerk issued a Certificate of Insufficiency, which immediately lifted the suspension, and the new minimum wage went into effect.
As of September 8, 2025, the minimum wage for Los Angeles, California hotel workers increased to $22.50 per hour. This rate also applies to Santa Monica, California hotel workers, as that city’s minimum wage mirrors the Los Angeles minimum wage.
The law applies to hotel workers within the boundaries of the Cities of Los Angeles and Santa Monica. Hotel workers include housekeepers, front desk staff, maintenance and engineering personnel, food and beverage service personnel, security personnel, and personnel in other operational roles.
Beginning July 1, 2026, if a Los Angeles hotel employer does not provide health benefits equivalent to those required by the ordinance, the employer must pay workers the difference.
Another provision that affects Los Angeles calls for training that will be provided by a certified third party. The training will begin on December 1, 2025. The provision requires room attendants to complete a minimum of six hours of housekeeping training within 120 days of hiring and every five years thereafter.
Employers are subject to recordkeeping provisions that require them to maintain payroll records for four years. They must also post a notification of wage rates and benefits in a visible location in English, Spanish, and any language spoken by 5% or more of their employees.
How:
- Review your pay practices and payroll systems to ensure compliance with the new minimum wage.
- Maintain payroll records for at least four years.
- Post the updated minimum wage posters.
- Consult legal counsel to ensure compliance.
Additional Resources:
Ordinance No. 188610 (HWTO, CHMWO, OWS, LWO)
Los Angeles City California Hotel Minimum Wage Poster English
Los Angeles City California Hotel Minimum Wage Poster Spanish
Who: California employers
When: Effective October 1, 2025
Beginning October 1, 2025, revisions to Title 2 of the California Code of Regulations will govern the use of automated decision systems (ADS) in the workplace. The purpose is to prevent discrimination in employment recruitment, hiring, promotion, training, and termination that “resulted, in whole or in part, from” the use of an ADS. The law specifically inserts requirements and expectations when employers use “artificial intelligence, machine-learning, algorithms, statistics, and/or other data processing” to facilitate human decision-making. These regulations apply to California employers covered by the Fair Employment and Housing Act (FEHA).
An ADS can help employers save time, improve efficiency, and offer valuable analytics.. An ADS is defined as “A computational process that makes a decision or facilitates human decision making regarding an employment benefit,” as described in section 11008(i) of the regulations. An ADS may use artificial intelligence, machine learning, algorithms, statistics, and other data processing techniques. The new regulations will make employers more accountable and use the technology more wisely.
The new rules include:
- Defining automated decision systems;
- Banning discrimination by ADS;
- Expanding liability for agents developing ADS technology; and
- Requiring employers to keep records for four years.
For the first time, an employer’s “agent” is anyone acting on behalf of an employer—directly or indirectly—to exercise an employment-related function traditionally exercised by the employer or any other FEHA-regulated activity.
In addition to the recommendations below, employers can consider any of these risk-mitigating strategies:
- Bias audits or impact assessments before implementing AI technology;
- Regular reviews of the impact of AI tools on protected groups after implementation;
- Evaluations of the quality of audits, assessments, and/or tests used to detect potential discriminatory outcomes in the use of AI tools;
- Documentation of the results of any anti-bias testing, including the employer’s response to the results; and
- Human review of any employment decisions facilitated by AI.
How:
- Review and analyze your AI programs to ensure they do not cause bias or discrimination in employment decisions.
- Develop a governance policy outlining the ethical use of AI within your organization.
- Establish guidelines for all vendor relationships regarding the use of ADS.
- Consider forming an AI Governance team responsible for overseeing AI programs, tools, and policies.
- Audit the outcomes of ADS periodically for potential bias and document the anti-bias testing you perform.
- Update your record retention policies to adhere to the new four-year requirement.
Additional Resources:
Who: California employers with 25 or more employees
When: Effective immediately
What: On July 1, 2025, the California Civil Rights Department (CRD) published a mandatory notice and FAQ guide for Assembly Bill 2499, which expanded leave and accommodation protections for employees who are victims of violence or have family members who are victims of violence. The notice informs employees of their right to take unpaid leave for themselves or a family member who is a victim of a qualifying act of violence. Such acts include: 1) Domestic Violence; 2) Sexual Assault; 3) Stalking; and 4) Acts, conduct, or patterns involving injury, death, firearms, other dangerous weapons, or threats of injury or death. Employees may be eligible for up to 12 weeks off work, and a family member may take up to 10 days off. Employees can use any personal time off they have, including: 1) Vacation, 2) Paid time off, 3) Personal leave, and 4) Paid sick leave. The notice must be given to all new hires annually, upon request, and whenever an employee informs the employer that either they or a family member is a victim of violence. Employees can use leave for safety planning, legal proceedings, medical and support services, and family care related to the violence. All California employers must provide time off for court appearances and restraining order leave. Broader safety, recovery and caregiver leave kicks in if the employer has more than 25 employees.
The law also requires employers to provide reasonable accommodations, such as changing work schedules, transferring employees, modifying work phone numbers, or implementing safety procedures. Employers must engage in an interactive process with the employee to assess if they or their family member is in danger. Employers should also consider whether accommodating the request could impact other employees, create safety concerns, or cause undue hardship.
All information related to these requests must be kept confidential, and employers are prohibited from retaliating against employees who request leave or accommodations for themselves or a family member who is a victim of violence. Confidentiality of accommodation requests must be maintained unless court orders require disclosure, and employees should be informed of any such requests.
In addition, the FAQs published provide information on employee protections and the right to take time off.
How:
- Immediately distribute the new CRD notice to all current employees and include it in new hire packets.
- Update employee handbooks to include victim-of-violence leave policies.
- Provide the notice annually to all employees and whenever an employee discloses victim status.
- Post the CRD notice in the workplace.
- Train HR personnel and managers on the interactive accommodation process for violence-related requests, CRD notice, and FAQs.
- Ensure confidentiality procedures are in place for handling sensitive leave and accommodation requests.
- Review and align existing leave policies with the new requirements.
Additional Resources:
Survivors of Violence and Family Members of Victims Right to Leave and Accommodations Notice
Survivors of Violence and Family Members of Victims Right to Leave and Accommodations FAQs
Civil Rights Department State of California Posters, Guides and Fact Sheets
Who: California employers
When: Submit comments by July 14, 2025
When the California Workplace Violence Prevention Law became effective on July 1, 2024, the California Department of Industrial Relations released a “Model Written Workplace Violence Prevention Plan for the General Industry.” It is a fill-in-the-blank template with examples and gives employers the framework to identify, evaluate, and control workplace violence hazards.
On May 13, 2025, the California Department of Industrial Regulations issued a draft of its proposed regulation on California Workplace Violence Prevention in General Industry. The proposed regulations have expanded the definitions and modified the wording related to:
- Confronting a suspected criminal;
- Exemptions;
- Engineering controls;
- Work practice controls;
- Workplace violence hazards;
- Authorized employee representative;
- Employee reporting; and
- Record retention.
Employers have until July 14, 2025, to submit comments to Deputy Chief of Health Eric Berg at EBerg@dir.ca.gov.
How:
- Submit comments by July 14, 2025.
- Continue to comply with the California Workplace Violence Prevention requirements.
- Monitor for the final regulations to be published.
Additional Resources:
Workplace Violence Prevention in General Industry – Draft (May 2024)
Workplace Violence Prevention in General Industry (May 2025)
Who: California employers
When: Effective immediately
On April 21, 2025, the California Court of Appeal held that meal period waivers that non-exempt employees have signed prospectively are enforceable under certain conditions:
- The employee must knowingly enter into the agreement.
- The employer must not coerce the employee to sign the waiver.
- The employee must be allowed to revoke the waiver at any time.
- Employers may not retaliate against the employee for signing a waiver.
The court ruling was regarding an appeal of the case of La Kimba Bradsbery et al. v. Vicar Operating, Inc. Bradsbery claimed a violation of meal period provisions under California Labor Code Section 512 , and IWC Wage Orders 4 and 5. California law requires employers to provide an unpaid 30-minute off-duty meal period for employees working five hours or more and an additional off-duty meal period for those working 10 hours or more.
The plaintiffs signed a meal period waiver, whereby they voluntarily relinquished their right to take a meal break for shifts of six hours or less. They had the right to revoke the meal waiver at any time. The plaintiffs argued that under the circumstances, prospectively signed meal period waivers undercut employee protections and the intention of the meal period statute. The court disagreed in the trial court and appellate court rulings.
How:
- Maintain proper records regarding signed meal period waivers.
- Consult with legal counsel to ensure your meal waivers comply with the law.
Additional Resources:
Who: California employers
When: Provide feedback by April 8, 2025
On March 18, 2025, California Governor Gavin Newsom released a draft version of an AI policy report. The Governor’s office is seeking public feedback through an online form until April 8, 2025. The final AI policy report will be released in June 2025.
The policy report will impact hiring, decision-making, and work surveillance. The key takeaways in the policy report are:
- Ensuring that AI policymaking is balanced and evidence-based;
- Being transparent and accountable by way of whistleblowing protections and third-party audits;
- Promoting the practice of proactively implementing safety measures rather than waiting for government-imposed regulations;
- Preparing for future mandatory policies regarding reporting adverse events; and
- Conducting AI risk assessment during the development stage.
How:
- Review the draft document and provide feedback by April 8, 2025.
- Legal counsel and HR personnel need to review the document and consider the recommendations presented.
- Align your AI strategies with industry-led best practices.
- Monitor all applicable AI regulations.
Additional Resources:
Draft Report of the Joint California Policy Working Group on AI Frontier Models
Joint California Policy Working Group on AI Frontier Models—Request for Feedback/Input Online Form
Who: California employers
When: Effective January 1, 2025
On September 26, 2024, California Governor Gavin Newsom signed SB 1340 into law, which allows local governments to enforce both local anti-discrimination laws that are more stringent than the state laws and state discrimination claims. Previously, only the Civil Rights Department (CRD) could enforce anti-discrimination laws under the Fair Employment and Housing Act (FEHA) and the Unruh Civil Rights Act.
Local governments will soon be able to enforce a local law that prevents discrimination based on race, religion, color, national origin, ancestry, physical disability, mental disability, medical condition, genetic information, marital status, sex, age, reproductive health decision-making, or sexual orientation, as long as:
- An employee first files their discrimination claim with the CRD;
- The CRD has issued a right-to-sue notice under FEHA;
- Local enforcement begins before the time to file a civil action specified in the right-to-sue notice has passed; and
- The local anti-discrimination law is at least as protective as FEHA.
Under existing law, an employee had a year to sue an employer once the CRD issues a right-to-sue notice. The new law means that local enforcement halts that one-year clock.
Employers should be prepared for discrimination suits to last longer under the new rule.
How:
- Review and update your anti-discrimination policies to comply with the law.
- Stay informed about local anti-discrimination laws.
- Keep detailed documentation of employee complaints and the actions you take in response.
Additional Resources:
Who: California employers
When: Effective January 1, 2025
On January 1, 2025, the California minimum will increase from $16.00 per hour to $16.50 per hour—an increase based on the Consumer Price Index. The threshold for classifying full-time employees as exempt will increase to $68,640 per year.
Proposition 32 did not pass in November, which would have increased the California minimum wage to $18.00 per hour by 2026.
Employers must check the laws of local cities and counties to determine whether they require higher minimum wages than the state minimum wage.
How:
- Post the new 2025 minimum wage poster in the workplace.
Additional Resources:
Minimum Wage Increase, Director of Finance Determination and Certification
State of California Department of Industrial Relations Workplace Postings
Who: California employers
When: Effective January 1, 2025
California’s existing workplace violence restraining order law allows employers to file a petition for a temporary restraining order to protect employees and their immediate family members against an individual who has engaged in workplace violence or made a credible threat of violence against employees. On September 30, 2023, Governor Gavin Newsom signed SB 428 into law, which expands the law to include protection against certain kinds of workplace harassment, effective January 1, 2025.
Employers can now file a petition to obtain a temporary restraining order against an individual who has harassed an employee. Employees can also file a petition for a temporary restraining order for the same reason. Harassment is defined as “a knowing and willful course of conduct directed at a specific person that seriously alarms, annoys, or harasses the person, and that serves no legitimate purpose.” The conduct must qualify as what would cause a reasonable person to suffer substantial emotional distress and must actually cause substantial emotional distress.
How:
- Update your policies to reflect the amended law.
- Provide training on the law to HR personnel, managers, and supervisors.
Additional Resources:
Who: California employers
When: Effective January 1, 2025
On September 29, 2024, Governor Gavin Newsom signed AB 2123 into law, which amends the Paid Family Leave (PFL) program, effective January 1, 2025. The law prohibits employers from requiring employees to use up to two weeks of earned but unused vacation before they can receive PFL benefits. Employees have the option to choose to use their personal vacation time before receiving PFL.
California’s Paid Family Leave (PFL) program allows employees to take paid time off to care for a seriously ill child, spouse, parent, or domestic partner, bond with a new minor child, or assist military family members who are on active duty. PFL will run concurrently with other protected leaves, such as FMLA and California Family Rights Act (CFRA), when applicable. For example, an employee who qualifies for CFRA and/or FMLA family care leave for baby bonding or to care for a family member would then have their yearly balance of CFRA and FMLA leave debited while also receiving wage replacement benefits through PFL.
How:
- Review your paid time off and extended leave of absence policies and update them as needed to comply with the law.
- As needed, consult legal counsel to understand how the amended law interacts with other leave laws, such as the Family and Medical Leave Act and the California Family Rights Act.
- Review and update your leave request process and gather all required forms and notices for distribution to employees upon request.
- Create a leave tracking system.
Additional Resources:
California Paid Family Leave DE 2511 Brochure
Employment Development Department State of California Paid Family Leave Forms and Publications
Who: California employers
When: Effective January 1, 2025
On September 27, 2024, Governor Gavin Newsome signed SB 1137 into law, which amends the Unruh Civil Rights Act, the Education Code, and the Fair Employment and Housing Act (FEHA), effective January 1, 2025. The amendment extends protections against discrimination by including the concept of intersectionality, where the presence of two or more of the protected characteristics in one individual result in a unique form of discrimination. California is the first state to include the concept of intersectionality in anti-discrimination laws.
Protected characteristics are race, religious creed, color, national origin, ancestry, physical disability, mental disability, medical condition, genetic information, marital status, sex, age, gender, gender identity, gender expression, sexual orientation, reproductive health decision-making, veteran or military status, and crime or abuse victim status.
Employers need to be aware that the following jurisdictions have their own list of protected characteristics, and their nondiscrimination and anti-harassment policies should reflect that where applicable: Alameda County; Berkeley; Concord; Contra Costa County; Escondido; Long Beach; Los Angeles; Oakland; Pasadena; Richmond; Riverside County; Sacramento; Salinas; San Diego; San Francisco; San Jose; San Mateo County; Santa Barbara County; Santa Clara; and Sunnyvale.
How:
- Update your employee handbooks, anti-discrimination policies, and related training manuals to include the new term and provide examples.
- Review and update your discrimination claims process.
- Review your investigation process and designate and train authorized staff for lead and support investigator roles.
- Review and update your recordkeeping and retention related to claims and investigations.
- Train managers and supervisors on intersectionality and its status as a protected characteristic.
- Monitor for the release of an employee notice poster, fact sheet, and updates to FAQs.
Additional Resources:
SB 1137: Discrimination claims: combination of characteristics.
Civil Rights Department State of California Posters, Guides, and Fact Sheets
Who: California employers
When: Effective January 1, 2025
California’s overtime exemption thresholds for physicians and computer software professionals will increase on January 1, 2025. Employers must pay at least the new hourly rate for the employees to be considered exempt from overtime pay.
In compliance with California Labor Code Section 515.6, the minimum hourly pay increases from $101.22 per hour to $103.75 per hour for licensed physicians and surgeons. In compliance with California Labor Code section 515.5, the minimum wage for computer software employees will increase from $55.58 per hour to $56.97 per hour, with a minimum monthly salary of $9,888.13 (annually $118,657.43).
Employers must subject computer software employees to a duties test, in accordance with California Labor Code section 515.5.
How:
- Review employee compensation for computer professionals and physicians.
- Update your policies and procedures as needed to comply with the law.
- Post the California Industrial Welfare Commission Wage Order #4 “Professional, Technical, Clerical, Mechanical and Similar Occupations” in an area visible to all employees.
- Conduct job analyses (job duties test) for any positions for which their exemption status may come into question, ensuring that “exempt” duties are primary (majority of time spent).
Additional Resources:
California Labor Code section 515.5
Who: California employers
When: Effective January 1, 2025; notice requirement effective July 1, 2025
On September 29, 2024, Governor Gavin Newsom signed AB 2499 into law, which amends victim time off provisions under California’s Healthy Workplaces Healthy Families Act (HWHFA), effective January 1, 2025. The new law redefines who is entitled to protection and broadens the reasons an employee can take protected time off. AB 2499 moves existing rules under the Labor Code to the Fair Employment & Housing Act (FEHA), where they are defined as unlawful employment practices.
The amended law replaces various terms for crimes with the term “qualifying acts of violence,” which include:
- Domestic violence;
- Sexual assault;
- Stalking; or
- Any act, conduct, or pattern of conduct that includes (i) bodily injury or death to another; (ii) brandishing, exhibiting, or drawing a firearm or other dangerous weapon; or (iii) a perceived or actual threat to use force against another to cause physical injury or death.
The victim (employee) is entitled to leave whether or not anyone is arrested for, prosecuted for, or convicted of committing a crime.
The law applies to the following family members when they are a victim of a qualifying act of violence (QAV):
- Child;
- Parent;
- Grandparent;
- Grandchild;
- Sibling;
- Spouse or domestic partner; and
- A designated person (can designate only one person each 12-month period).
Under the amended law, employers may limit total leave time taken. The amount of protected leave allowed depends on whether the victim is the employee or a family member. If the victim of the QAV is the employee, employers may limit the total leave time taken to 12 weeks. If it’s a family member, employers may limit leave taken to assist with relocation to five days and total leave taken to 10 days. An exception is that employers may not limit the total leave time taken to fewer than 12 weeks if the victim died as result of the QAV.
The leave runs concurrently with leave available under the California Family Rights Act and the federal Family Medical Leave Act (FMLA). Employees may use available vacation, personal leave, paid sick leave, or compensatory time off unless otherwise provided in a collective bargaining agreement.
Employers with 25 or more employees also are prohibited from discriminating or retaliating against an employee who is a victim of a QAV, or whose family member is a victim, for taking time off. Employers of any size may not retaliate or discriminate against employees who take time off to serve jury duty, comply with a subpoena, or obtain a restraining order or other injunctive relief to help with the health, safety, and welfare of the victim or their child, if the child is the victim. They may not discriminate or retaliate based on the employee’s or the employee’s family member’s status as a victim.
Employers must provide written notice of employees’ rights under the law to all new hires, to all employees annually, upon request, and when newly aware that an employee or employee’s family member is a victim. The Civil Rights Department will publish a model notice by July 1, 2025.
How:
- Update your policies to comply with the law.
- If you have questions about compliance, consult with legal counsel.
- Monitor for the Civil Rights Department to publish the model notice and post it in the workplace.
- Continue to monitor for additional guidance.
Additional Resources:
Who: All employers
When: Effective immediately
The Ending Forced Arbitration of Sexual Harassment Act (EFAA) went into effect on March 3, 2022. The law prohibits employers from enforcing arbitration agreements in cases alleging sexual harassment. Two related court cases were appealed in California: Doe v. Second Street Corp. and Liu v. Miniso Depot CA, Inc. In both cases, the court ruled that if a person files a sexual harassment or sexual assault claim plus one or more additional claims, such as wage and hour violations, the entire lawsuit is subject to the EFAA, meaning all claims are exempt from arbitration.
Employers need to provide training and take every precaution to avoid workplace sexual harassment claims.
How:
- Review your employee and supervisor training on recognizing harassing conduct and how supervisors can prevent it.
- Consult with legal counsel for assistance.
Additional Resources:
Ending Forced Arbitration of Sexual Assault and Sexual Harassment Act of 2021
Who: Employers located or doing business in unincorporated San Diego County with five or more employees.
When: Effective October 10, 2024
San Diego County’s Fair Chance Ordinance goes into effect on October 10, 2024. It applies to employers located or doing business in unincorporated San Diego County with five or more employees working an average of two hours or more a week in unincorporated San Diego County, including remote work. It also applies to contracts for services when the services will be provided to San Diego County.
The law provides protections for applicants and employees that have criminal records. Similar to state law, employers must provide a conditional offer before inquiring about an applicant’s criminal record, and they must conduct an individualized assessment when considering whether to reject the applicant based on their criminal history. The new county ordinance requires this assessment to be in writing. It also states that an employer may not fill the open position for a specified time frame unless “exigent circumstances” apply.
Penalties for violations can be as high as $20,000 per violation for repeat offenders.
San Diego County will release a Local Fair Chance Educational Enforcement Program.
How:
- Update your hiring practices and policies to comply with the law.
- Monitor the San Diego County Office of Labor Standards and Enforcement website for the release of the Local Fair Chance Educational Enforcement Program.
Additional Resources:
San Diego Fair Chance Ordinance
Who: California covered healthcare facilities
When: Effective October 15, 2024, or January 1, 2025
California’s healthcare worker minimum wage was supposed to go into effect on June 1, 2024. SB 828 delayed the effective date from June 1, 2024, to July 1, 2024, and added a provision for annual increases on July 1. AB 159 delayed the effective date again to October 15, 2024, or January 1, 2025, depending on which of the conditions outlined in the bill are met.
The effective date will be October 15, 2024, if state revenues for the period of July 1 through September 30, 2024, are at least 3% higher than projected at the time of the enactment of the 2024 Budget Act. The effective date will be the earlier of January 1, 2025, or 15 days after notifying the Joint Legislative Budget Committee, if the Department of Health Care Services initiates the data retrieval necessary to implement an increase in Medi-Cal beginning January 1, 2025.
The new minimum wage for healthcare workers will be $18.00 to $23.00 per hour, depending upon the facility type.
How:
- Prepare to update your payroll system on the effective date.
- Update your job descriptions.
- Consult with legal counsel.
Additional Resources:
Who: California employers in unincorporated Los Angeles County with five or more workers
When: Effective immediately
The County of Los Angeles, California, has adopted a Fair Chance Ordinance (FCO) that is far stricter than federal and California law. The FCO is effective September 3, 2024, and applies to employers in unincorporated Los Angeles County that have five or more employees. It broadly prohibits employers from inquiring about or considering an applicant’s criminal history before extending a conditional job offer and from taking adverse employment action based on such history. The FCO helps to ensure that applicants with a criminal history are given a fair chance of employment.
Employees who seek promotions are also considered applicants. An employee for this purpose is one that performs at least two hours of work a week on average in unincorporated Los Angeles County, including remote work performed within those boundaries. The law also applies to contractors and freelancers.
Employers must comply with several requirements, including provisions related to job postings, background checks, the criminal history assessment process, notices, and recordkeeping.
All job postings must state that employers will consider qualified applicants with arrest or conviction records in accordance with the ordinance and state law. Employers that condition job offers on a criminal background check must include a list of all material job duties the employer reasonably believes would be directly and adversely impacted by a criminal history and, if the candidate has such a history, could result in the withdrawal of a conditional job offer.
Employers must post a notice of the ordinance at the workplace and on their web pages that employees and/or applicants frequently view.
Inquiries about criminal history after the conditional job offer has been extended are generally limited to seven years. Inquiries about non-criminal infractions are prohibited except for driving-related infractions when the job requires driving.
Employers must consider several factors before deciding to rescind a conditional job offer based on criminal history, document the decision-making process, and notify the applicant beforehand. The applicant also has the right to submit evidence of rehabilitation. The applicant has five business days to notify the employer that they are taking follow-up action, and the employer must defer the final decision for at least 10 additional business days. Applicants have the right to arrange a meeting with the employer to present the information. If the employer does decide to take adverse action, they must document the process and provide notice to the applicant.
Employers must keep records for four years. Aggrieved individuals must exhaust certain remedies before filing a private civil lawsuit. Penalties for violations can reach $20,000 per applicant.
How:
- Review how you are currently addressing applicants’ criminal history and convictions and update your systems, procedures, and forms to comply with the law.
- Provide training to personnel who conduct background checks, conduct interviews, and/or make hiring decisions.
- Post the required FCO notification in the workplace and on employee/applicant web pages.
- Update your job postings to include the required language.
- Create pre-adverse action and adverse action notices.
Additional Resources:
Los Angeles County Consumer & Business Affairs Workers Protections Fair Chance Hiring
County of Los Angeles Fair Chance Ordinance for Employers Poster
Who: California employers
When: Effective immediately
In the California case of Stone v. Alameda Health System, health care workers at a public hospital alleged wage and hour violations under the California Labor Code and sought penalties under the Private Attorneys General Act (PAGA) of 2004. On August 15, 2024, the California Supreme Court ruled on the case and stated that public employers are not subject to civil penalties under PAGA. The ruling also means that public entities are exempt from rules governing meal and rest breaks, timely payment of wages, and other aspects of the Labor Code. The court stated that enforcing PAGA penalties for public employers would have the effect of shuffling taxpayer dollars from one coffer to another.
Public employers are not entirely exempt from complying with the Labor Code, however, and could be subject to liability imposed by a specific statute unless they have pre-dispute waivers of the right to bring a class action suit in place. Public employers may also have to face claims of violation of collective bargaining agreements.
Private employers must continue to comply with the Labor Code and are subject to PAGA penalties.
How:
- Review your payroll, meal and rest break, and timekeeping policies to ensure compliance with the law.
- Monitor for updates to the law.
- Consult with legal counsel as needed to ensure compliance with the law.
Additional Resources:
Who: California employers
When: Effective immediately
On July 1, 2024, California Governor Gavin Newsom signed Assembly Bill 2288 and Senate Bill 92 into law, amending the California Private Attorneys General Act of 2004 (PAGA). The changes apply to PAGA actions on or after June 19, 2024, and will not be on the November 2024 ballot. PAGA allows aggrieved employees to file suit on behalf of themselves or other employees to recover civil penalties for certain violations of California’s Labor Code.
Employees must provide written notice to their employer and the Labor and Workforce Development Agency (LWDA) that describes the alleged violation. The amendments provide more worker protections, facilitate employer compliance, and improve the manageability of claims.
The Important amendments are as follows:
Standing
- The employee who brings the suit must have personally suffered the labor code violation at least once and within one year.
Reduced Penalties
- The $100 civil penalty per pay period per aggrieved employee is reduced to $50 if the alleged violation “resulted from an isolated, nonrecurring event that did not extend beyond the lesser of 30 consecutive days or four consecutive pay periods.”
- The $200 civil penalty for subsequent violations now applies only to violations where 1) the LWDA or a court issued a finding that an employer’s policy or practice giving rise to the violation was unlawful within five years preceding the violation or 2) a court determines that the employer’s conduct was “malicious, fraudulent, or oppressive.”
- Most violations of the wage statement law will be capped at $25 for each aggrieved employee per pay period if the employee can promptly and easily determine from the wage statement alone the required missing information that constitutes the technical violation.
Penalty Caps
- Penalties will be capped for employers who take proactive steps to comply with the Labor Code (e.g., a 15% cap if they take those steps before receiving a PAGA notice and a 30% cap if they take those steps after receiving the notice).
Employer’s Cure of Violations
- Employers who cure alleged violations of the Labor Code may avoid penalties. They must correct the violation, comply with the underlying statute, and make each aggrieved employee whole. The amendments state that making an employee whole consists of paying all unpaid wages owed dating back three years plus 7% interest, paying liquidated damages if required by the statute, and reimbursing for reasonable attorneys’ fees and costs.
Prohibited Double Dipping
- Plaintiffs can no longer “stack” penalties for violations of Sections 201 – 204 and Section 226 on top of the civil penalty collected for the underlying unpaid wage violation.
Increase in Employee’s Portion of Shared Penalties
- Aggrieved employees now collect 35% of the penalties rather than 25%, and LWDA’s share has decreased from 75% to 65%.
Injunctive Relief for Employees
- Plaintiffs can now seek injunctive relief in addition to civil penalties.
Reduction in Penalties for Employers that Pay Weekly
- Employers whose regular pay period is weekly will pay half the penalties as compared to employers who pay biweekly or semimonthly.
Updated Early Evaluation and Resolution Procedures
- There are now specific deadlines and requirements for early resolution of claims, and employers may file a request for an early evaluation conference once a PAGA lawsuit is filed in court. The employer and employee must write a statement that includes certain information.
- Starting October 1, 2024, employers with fewer than 100 employees will also have the option to submit a confidential proposal to LWDA to cure one or more alleged violations within 33 days of receiving a notice.
Court’s Right to Manage PAGA Cases
- The courts now have certain rights to “manage” PAGA claims, such as limiting the amount of evidence that can be presented at trial.
How:
- Review your wage and hour policies and audit your payroll practices to ensure compliance.
- Train managers and supervisors on the wage and hour laws.
- If you receive a PAGA notice, review it immediately and consult with counsel to determine what type of action to take.
Additional Resources:
Who: California covered employers
When: Effective July 1, 2024
On May 31, 2024, California Governor Gavin Newsom signed SB 828, which delayed the effective date of the new California Healthcare Minimum Wage by one month. The new effective date is July 1, 2024. The delay will give employers more time to implement the minimum wage schedules while allowing lawmakers to address a large projected state budget deficit.
The date of subsequent annual increases—which will be based on changes to the consumer price index—will be on July 1 instead of June 1. No other changes were made to the law.
The new minimum wage for healthcare workers will be $18 to $23 per hour, depending upon the facility type. With regard to overtime, covered employers must pay covered employees two times the standard statewide minimum wage or 1.5 times the applicable healthcare worker minimum wage, whichever is higher.
How:
- Consult with legal counsel to determine if your facility is covered under the law, which employees are covered, and if you qualify for a waiver.
- Review and revise your wage and hour policies to comply with the law.
- Review your service contracts with independent contractors to ensure you are paying them the new minimum wage or higher.
Additional Resources:
SB 828 (Healthcare Minimum Wage Delay)
California Department of Industrial Relations Workplace Postings
Who: California employers
When: Effective immediately
After almost 15 years and two appeals to the California Supreme Court, the Court ruled on the Naranjo v. Spectrum Security Services, Inc. case on May 6, 2024. They said that employers may use a good faith defense in wage and hour lawsuits. If the employer reasonably and in good faith believed it was providing lawful wage statements to employees, it has not “knowingly and intentionally” failed to comply with Labor Code Section 226. This is true even in cases where the employer was mistaken in that belief.
In the Naranjo case, the employee claimed that the company had failed to provide legally compliant meal breaks and that the employer had therefore failed to provide accurate wage statements because they didn’t include premium payments that were triggered by the missed meal periods. The employer argued that they had complied in good faith and had not willfully, knowingly, or intentionally broken the law. The Supreme Court ruling found in favor of the employer.
How:
- Audit your wage statements and pay practices to ensure compliance with the law.
- Evaluate underlying pay practices, such as overtime and meal periods.
- Keep records of the audit and actions you take to correct problems.
- Consult legal counsel to help you comply.
Additional Resources:
Who: California employers
When: Effective July 1, 2024
Under the new workplace violence prevention law that was enacted in September 2023, covered employers must have workplace violence prevention plans (WVPPs), training, and other program elements in place by July 1, 2024. It is important to note that the initial round of mandatory training must be completed upon establishment of the WVPP by July 1, 2024.
To help employers with these requirements, the Division of Occupational Safety and Health (Cal/OSHA) has published a fillable model WVPP template and two fact sheets. The model WVPP has an overview of the law; directions for drafting the plan; key legal definitions; and a framework of all required plan components with areas for employers to customize the plan for their workplace.
Employers can use the template to create the WVPP, create their own, or incorporate workplace violence prevention into their existing Injury and Illness Prevention Program as a separate section. The fact sheets provide further guidance on employer obligations, such as a violent incident log and recordkeeping, and on employee rights under the law. Employers may seek additional help developing a WVPP unique to their organization by consulting by consulting a Certified Safety Professional (CSP) and/or their workers’ compensation insurance provider.
The model WVPP goes beyond the new WVPP requirements in some ways. Employers should consider the tradeoffs of using the template in its entirety versus using it as a starting point to craft their own.
How:
- Prepare your WVPP by July 1, 2024, and distribute it to employees.
- Create employee training procedures.
- Complete the initial training with the release of your WVPP by July 1, 2024.
- Prepare to comply with recordkeeping requirements:
- Create your violent incident log.
- Develop a recordkeeping system for violence hazard identification, evaluation, and correction.
- Maintain training records.
- Maintain records of investigations of violent incidents.
- Understand your right to seek a restraining order on behalf of one or more employees who have been victimized or have credible threats of violence against them.
Additional Resources:
Cal/OSHA Workplace Violence Prevention Guidance and Resources
Workplace Violence Prevention in General Industry Information for Employers Fact Sheet
Who: California healthcare employers
When: Effective June 1, 2024
On October 13, 2023, Governor Gavin Newsom signed SB 525 into law, which enacts a minimum wage for covered healthcare workers, effective June 1, 2024. Per SB 525 Section 1182.14(b)(2)(A), a healthcare employee is one who works for a healthcare facility and provides patient care, healthcare services, or services supporting the provision of health care. It also applies to contractors if their work would otherwise be considered covered work and the healthcare facility directly or indirectly exercises control over the contractor’s wages, hours, or working conditions.
Most healthcare facilities are considered “covered,” including, but not limited to, medical hospitals, psychiatric hospitals, skilled nursing facilities, home health agencies, and patients’ homes when healthcare services are delivered by an entity owned or operated by a general acute care hospital.
The applicable minimum wage depends on the type of healthcare facility. There are four minimum wage schedules that go into effect on June 1, 2024. For large healthcare systems with 10,000 or more full-time employees and all dialysis clinics, the minimum wage is $23.00 per hour. For small healthcare systems, which include various types of clinics and skilled nursing facilities, the minimum wage is $21.00 per hour. For hospitals with high populations of Medi-Cal/Medicaid patients, the minimum wage is $18.00 per hour. For all other covered healthcare facilities, the minimum wage is $21.00 per hour.
These rates are significantly higher than the state’s current minimum wage of $16.00 per hour for all workers.
The law also establishes a new standard for salaried employees. Covered employers must ensure that salaried employees earn a monthly salary equivalent to the greater of 1) at least 150% of the health care worker minimum wage or 2) 200% of the applicable minimum wage.
How:
- Determine which type of facility you are running per SB 525.
- Update your minimum wage and salaried employee policies to comply with the law.
- Consult with legal counsel as needed.
Additional Resources:
Who: California fast food employers
When: Effective immediately
On March 25, 2024, Governor Gavin Newsom signed AB 610 into law, which adds exceptions to the FAST Recovery Act. The Act went into effect on April 1,2024, which increases the minimum wage to $20.00 per hour for fast food workers.
Per AB 610, the fast food minimum wage doesn’t apply to restaurants located in an airport, on corporate campuses, or on certain public lands owned by the city, county, or state. AB 610 also exempts restaurants connected to or operated in conjunction with hotels, event centers, theme parks, gambling establishments, or public or private museums. These restaurants are exempted because they do not have the same characteristics as traditional fast-food restaurants. Their employment structures are different; they are often subject to concession or food-service contracts and operated as part of a larger enterprise.
How:
- Consult legal counsel if you are unsure whether your business is exempt from the fast food minimum wage per AB 610.
Additional Resources:
Who: California employers
When: Effective immediately
In the ruling on Huerta v. CSI Electrical Contractors, a California class action lawsuit, the court stated that California employers must compensate employees for time spent waiting for security checks to be conducted on the way in or out of the employer’s premises. Specifically, the court said that employer-mandated exit procedures that require a representative of the employer to visually inspect the employee’s personal vehicle are compensable time.
The judge determined that in this particular case, the employer was exercising sufficient control over the employee to warrant a ruling of compensable time. The exit procedure could take five to 30 minutes because the employee had to wait for the procedure to be completed for the vehicles in line in front of them. Compensable time does not include swiping or showing a badge to gain access to the employer’s parking lot.
Employers should move time clocks outside of the security screening area so employees can clock in or out after bag or vehicle screening is complete.
Employers must also be mindful of compensating employees for required rest and meal periods in California. Huerta argued that the employees were owed meal premiums because they were required to be on the premises during their meal periods. The court ruled that meal periods count as “hours worked” if the employer prohibits the employees from leaving the premises during the meal period and the restriction prevents the employees from otherwise engaging in personal activities.
Lastly, the court ruled that the time the employee spends traveling from an employer’s security gate and the employee parking lot is not compensable time. However, it is compensable as employer-mandated travel if a security gate is the first location an employee is required to be for an employment reason other than accessing the worksite.
How:
- Review your entry and exit procedures.
- Determine whether you must pay employees for time spent waiting for security screening.
- Review your policies and procedures related to required meal and rest breaks, travel time requirements, security procedures, and limitations on employee movement or activities during off-duty time.
- Consult with legal counsel as needed.
Additional Resources:
Who: California employers
When: Effective Immediately
Some California employers were confused about how the paid sick leave law applied to part-time employees. California’s Division of Labor Standards Enforcement (DLSE) released FAQs to clarify.
The law states that as of January 1, 2024, employers must provide at least 40 hours or five days of paid sick leave per year. Employees earn paid sick leave at the rate of one hour for every 30 hours worked. Employers must accrue a minimum of 24 hours of paid sick leave by the 120th day of employment or of the year or 12-month period and a minimum of 40 hours by the 200th day of employment or of the year in a 12-month period. Employers may choose to accrue the leave as earned or by frontloading the entire amount.
The FAQs clarify that the 1:30 accrual schedule (one hour of paid sick leave for every 30 hours worked) schedule was intended to apply to full-time workers. Employers who use that accrual method are considered to be in compliance with the law with regard to part-time employees, even if they don’t meet the 120th and 200th-day benchmarks.
How:
- Post the Paid Sick Leave Notice in the workplace.
- Ensure your paid sick leave policies comply with the law as it pertains to part-time employees.
Additional Resources:
California Paid Sick Leave: Frequently Asked Questions
Who: California employers
When: Effective immediately
On September 28, 2023, Governor Gavin Newsom signed AB 1228 into law, which increases the minimum wage to $20.00 per hour for nonexempt fast food restaurant employees, effective April 1, 2024.
To be considered exempt, an administrative, professional, or executive employee must make $83,200 per year ($1,600 per week) and meet other specific requirements of California Labor Code section 515. To be considered a fast food restaurant, it must be a limited-service restaurant with limited or no table service, part of a chain of at least 60 establishments nationwide, and be primarily engaged in selling food and beverages for immediate consumption. Bakeries that make or sell bread and grocery establishments are exempt.
The California Department of Industrial Relations has released a Fast-Food Minimum Wage FAQ to help employers understand the AB 1228 law.
How:
- Post the Supplement for Fast Food Restaurant Employees Wage Order in the workplace.
Additional Resources:
California Labor Code section 515
Supplement for Fast Food Restaurant Employees Wage Order
Who: California employers
When: Effective July 1, 2024
Ahead of California’s new workplace violence prevention law (SB 553) going into effect, the California Department of Industrial Relations released a Model Written Workplace Violence Prevention Plan for the General Industry. The model plan is a fill-in-the-blank plan with examples. It “provides the essential framework to identify, evaluate, and control workplace violence hazards.” Employers may use the model plan or create their own.
The agency published a Workplace Violence Prevention in General Industry Information for Employers Fact Sheet to give employers additional guidance on the requirements of the law. It covers some of the key statutory requirements, such as what a compliant workplace violence prevention plan must contain, how to log workplace violence incidents, employee training, and recordkeeping.
The agency also published a Workplace Violence Prevention in General Industry for Employees Fact Sheet to provide employees with additional guidance. It defines four types of workplace violence, explains how to prevent workplace violence, and discusses the rights of employees.
The workplace violence prevention law requires employers to adopt procedures by July 1, 2024, for receiving and responding to reports of workplace violence, emergency response procedures, evacuation and sheltering-in-place plans, and investigation procedures, among others. Employees must be involved in creating the plan and receive interactive training. Employers must periodically review the plan and update it as needed.
How:
- Complete the model Workplace Violence Prevention Plan or use it as the basis for your own.
- Create a compliant training program.
- Train supervisors on the recordkeeping requirements.
Additional Resources:
Model Written Workplace Violence Prevention Plan for the General Industry
Workplace Violence Prevention in General Industry Information for Employers Fact Sheet
Workplace Violence Prevention in General Industry Information for Employees Fact Sheet
Who: California employers
When: Effective immediately
After a ruling in a lawsuit brought by the California Chamber of Commerce, enforcement of the California Consumer Privacy Act (CCPA) was set to go into effect on March 29, 2024—delayed from the original effective date of July 1, 2023. The California Privacy Protection Agency and the California Attorney General appealed the decision, and on February 9, 2024, the court ruled that enforcement of the law may begin immediately. The law applies to the privacy of consumer and employee data.
The rules affected by the most recent ruling relate to transparency requirements, honoring requests to exercise privacy rights, requirements for service providers and third parties, the handling of children’s and teens’ data, training, and recordkeeping. The California Chamber of Commerce has filed an appeal to attempt to reverse the decision.
How:
- Review and update your CCPA notices and privacy policies and distribute them to employees and B2B partners.
- Update your procedures and forms to comply with the law.
- Train employees involved with CCPA compliance on the new rules.
- Verify that your vendors have procedures in place to comply with the law.
Additional Resources:
Who: California employers
When: Effective immediately
California enacted AB 51 to prevent employers from requiring applicants and current employees to sign a mandatory arbitration agreement as a condition of employment. A federal district court judge has permanently enjoined California from enforcing AB 51, including Labor Code Section 432.6 and Government Code Section 12953, because it is preempted by the Federal Arbitration Act (FAA). What this means is that employers may choose to require arbitration agreements as a condition of employment as long as the agreements are covered by the FAA.
Not all arbitration agreements are covered by the FAA. The FAA generally applies to any business involved in interstate commerce but it exempts employment contracts with seamen, railroad employees, or any other class of workers engaged in foreign or interstate commerce.
How:
- Review your employment arbitration agreements to ensure they state that the agreements are covered by the FAA.
- Review all new-hire documents to make sure they do not contain language mandating arbitration.
- Continue to monitor for challenges to FAA exemptions and new legislative attempts to prohibit arbitration.
Additional Resources:
Chamber of Commerce of the USA et al. v. Becerra et al
Who: California janitorial employers
When: Effective immediately
AB 547 passed in 2019, which requires janitorial employers to provide two hours of in-person sexual harassment and sexual violence prevention training once every two years for all employees, including supervisors and nonsupervisors. The requirements of the law were suspended due to the COVID-19 pandemic. Now that the COVID-19 public health emergency has ended, the Division of Labor Standards Enforcement has ordered a resumption of the training.
A covered employer is defined as any person or entity that employs at least one covered worker or otherwise engages by contract, subcontract, or franchise agreement for the provision of janitorial services by one or more covered workers. A covered worker is defined as an individual predominantly working as a janitor, including employees, independent contractors, and franchisees. The U.S. Department of Labor defines janitorial work in the Service Contract Act Directory of Occupations (SCADO). AB 547 defines exemptions to the covered worker definition.
Employers must use the content developed by the Labor Occupational Health Program (LOHP), which is available on the Department of Industrial Relations website.
Employers must work with a qualified organization to provide the required in-person training. Employers that cannot find a qualified trainer to provide the training may use a trainer as prescribed by the Civil Rights Department to fulfill their obligations under Labor Code section 1429.5.
How:
- Provide the required training to all supervisory and nonsupervisory personnel.
Additional Resources:
California Labor Code section 1429.5.
Article 6. Sexual Violence and Harassment Prevention Training for Property Service Workers
SCA DIRECTORY OF OCCUPATIONS Fifth Edition
Qualified Organization Application Process
Sexual Harassment Prevention Training for Janitorial Services Employers
Sexual Violence and Harassment Prevention Training for Supervisors
Sexual Violence and Harassment Prevention Training for Workers
Who: California employers
When: Effective immediately
The California Civil Rights Department published an updated version of the “California Law Prohibits Workplace Discrimination and Harassment” poster, which employers must post where it’s visible to employees. The poster includes information about protections for taking bereavement leave or leave for reproductive loss (under SB 848), as well as information about prohibitions against discrimination based on an applicant’s use of cannabis outside of the workplace (under SB 700).
If more than 10% of employees speak a language other than English, employers must also display the poster in that language.
How:
- Post the updated California Law Prohibits Workplace Discrimination and Harassment poster.
Additional Resources:
California Civil Rights Department Required Posters
California Law Prohibits Workplace Discrimination and Harassment Poster
Who: California employers
When: Effective immediately
As of January 1, 2024, employers must update their Wage Theft Prevention Notice for nonexempt employees to comply with AB 636. The wage theft notice must now include information about federal and state declarations of emergency or disaster and health and safety issues that:
- Apply to the county(ies) where the employee is to be employed;
- Are issued within 30 days before the employee’s first day of employment; and
- May affect the employee’s health and safety during their employment.
Another change employers must include is the amount of paid sick leave available to employees, which has increased from three days or 24 hours to five days or 40 hours (under SB 616). This includes the accrual and request for paid sick leave.
Employers are not to retaliate or terminate employees for exercising their right to use paid sick leave.
The California Labor Commission has a template notice that employers may use in lieu of creating their own. Employers that create their own notice must include all required information.
How:
- Post an updated Wage Theft Prevention Notice.
- Consult with legal counsel as necessary to ensure compliance with the law.
Additional Resources:
Who: California employers
When: Effective immediately
As of January 1, 2024, employers must update their Wage Theft Prevention Notice for nonexempt employees to comply with AB 636. The wage theft notice must now include information about federal and state declarations of emergency or disaster and health and safety issues that:
- Apply to the county(ies) where the employee is to be employed;
- Are issued within 30 days before the employee’s first day of employment; and
- May affect the employee’s health and safety during their employment.
Another change employers must include is the amount of paid sick leave available to employees, which has increased from three days or 24 hours to five days or 40 hours (under SB 616). This includes the accrual and request for paid sick leave.
Employers are not to retaliate or terminate employees for exercising their right to use paid sick leave.
The California Labor Commission has a template notice that employers may use in lieu of creating their own. Employers that create their own notice must include all required information.
How:
- Post an updated Wage Theft Prevention Notice.
- Consult with legal counsel as necessary to ensure compliance with the law.
Additional Resources:
Who: California employers with 5 or more employees
When: Effective January 1, 2024
Governor Gavin Newsom signed SB 848 into law on October 11, 2023, which establishes unpaid leave for employees who experience a reproductive loss event. Such event is defined 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 applies to California employers with five or more employees. To be eligible, an employee must have worked for an employer for at least 30 days.
Employees can take a leave of absence for up to five days, and they can take the leave non-consecutively but must generally take the leave within three months of the triggering event for the leave. Total leave in a 12-month period may not exceed 20 days. Employees do not have to document the reason for the leave, and employers cannot retaliate against employees who take the leave. Employers must maintain the confidentiality of persons requesting leave.
Leave is unpaid unless the employer has an applicable leave policy in place. In that case, eligible employees may use accrued and available sick leave, vacation time, or other paid time off.
How:
- Decide whether reproductive loss leave will be paid or unpaid based on your existing leave policies.
- Update your leave policies and employee handbooks to comply with the law.
- Train HR personnel, managers, and supervisors on this law.
Additional Resources:
Who: California employers with 5 or more employees
When: Effective January 1, 2024
Governor Gavin Newsom signed SB 848 into law on October 11, 2023, which establishes unpaid leave for employees who experience a reproductive loss event. Such event is defined 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 applies to California employers with five or more employees. To be eligible, an employee must have worked for an employer for at least 30 days.
Employees can take a leave of absence for up to five days, and they can take the leave non-consecutively but must generally take the leave within three months of the triggering event for the leave. Total leave in a 12-month period may not exceed 20 days. Employees do not have to document the reason for the leave, and employers cannot retaliate against employees who take the leave. Employers must maintain the confidentiality of persons requesting leave.
Leave is unpaid unless the employer has an applicable leave policy in place. In that case, eligible employees may use accrued and available sick leave, vacation time, or other paid time off.
How:
- Decide whether reproductive loss leave will be paid or unpaid based on your existing leave policies.
- Update your leave policies and employee handbooks to comply with the law.
- Train HR personnel, managers, and supervisors on this law.
Additional Resources:
Who: California employers
When: Effective January 1, 2024
Beginning January 1, 2024, the California minimum wage will be $16.00 an hour for all employers, an increase from $15.50 in 2023. Some cities and counties have different minimum wage requirements that could be higher than $16.00, and employers need to ensure they are paying their employees in accordance with those regulations.
The increase in minimum wage changes the overtime exemption limits for professional, executive, and administrative employees as well. To be considered exempt, an employee must earn a minimum annual salary of $66,560 and meet the duties requirements. The overtime exemption rate for software employees will increase to an annual salary of $115,763.35.
Employers must post the Minimum Wage Order and the Wage Order applicable to their workplace where they are visible to all employees. They must update their Wage Theft Protection Act Notice with the new minimum wage and overtime exemption rates.
Employees who are not being paid minimum wage may file a wage claim by contacting the California Labor Commissioner’s Office Call Center at 833-526-4636.
How:
- Update your notices for minimum wage and wage theft prevention with the new minimum wage and overtime exemption rates and issue them within seven calendar days of the effective date of the new rates.
- Review your exempt employee classifications.
- Audit your payroll processing procedures to ensure compliance with the law.
Additional Resources:
California Labor Code Section 515.5.
Who: California employers
When: Effective January 1, 2024
Governor Gavin Newsom signed SB 699 into law on September 1, 2023, which adds Section 16600.5 to the California Business and Professions Code. The law goes into effect January 1, 2024, and expands the already significant restrictions on noncompete agreements between employers and employees. Business and Professions Code section 16600 currently provides, with limited exceptions for the sale or dissolution of corporations, partnerships, and LLCs, that “every contract by which anyone is restrained from engaging in a lawful profession, trade, or business of any kind is to that extent void.” SB 699 makes it unlawful for employers to enforce agreements that are void and unenforceable under section 16600 irrespective of when or where the agreement was entered into.
In other words, the law allows California courts to invalidate restrictive covenants in noncompete agreements even if they were signed in another state, if the employee is located in another state, or if the employee resided in another state at the time they signed the agreement. SB 699 also prohibits employers from entering into contracts with employees that have a provision that is void per section 16600.
An existing, former, or prospective employee may bring a civil action to obtain injunctive relief or to recover actual damages, or both. If they prevail, they are entitled to recover reasonable attorney’s fees and costs.
Governor Newsom also signed AB 1076 into law on October 13, 2023, which states that the courts should broadly interpret the new law so that any contract that restrains a person from engaging in a lawful profession, trade, or business is void. In addition, the law requires employers to notify current and former employees in writing by February 14, 2024, if a noncompete agreement they signed is void under the new law. They must send the notice to the employee’s last known address and email address. Employers who do not comply are subject to civil penalties.
Companies outside of California that have employees in California or employees who subsequently move to California are subject to these laws and they need to determine how they’re going to handle noncompete agreements going forward.
How:
- Review and revise your restrictive covenants and noncompete agreements to comply with the law.
- Prepare to send notices to employees whose noncompete agreements are void under the law.
- Consult with legal counsel as necessary to ensure compliance with the law.
Additional Resources:
Who: California employers
When: Effective January 1, 2024
On October 7, 2023, Governor Gavin Newsom signed SB 700 into law, which bans employer discrimination against applicants and employees for prior use of cannabis and provides additional protections for those who use cannabis while off duty. SB 700 impacts the hiring process and amends the Fair Employment and Housing Act (FEHA), effective January 1, 2024. Governor Newsom signed AB 2188 on September 18, 2022, which also goes into effect on January 1, 2024. The law prohibits employers from taking adverse employment action against workers who use cannabis while off duty.
Employees may not be impaired while on the job. Employers can still maintain a drug-free workplace; test for controlled substances and active impairment/THC; and conduct criminal background checks, as long as they meet the requirements of the law. Employers may no longer test for non-psychoactive cannabis metabolites. Employees may not bring cannabis to the workplace.
Federal contractors, employers in the construction industry, and employers who hire or employ workers who must have a security clearance are exempt from SB 700 and AB 2188.
How:
- Review and revise your drug use, drug testing, and anti-discrimination policies as needed to comply with the law.
- Review and revise your employment applications and other new-hire documentation as needed to comply with the law.
Additional Resources:
Who: California employers
When: Effective January 1, 2024
On October 4, 2023, Governor Gavin Newsom signed SB 616 into law, which amends the Healthy Workplaces, Healthy Families Act of 2014. It increases the amount of paid sick leave from 24 hours or three days (whichever was greater) per year to 40 hours or five days per year.
Employees accrue one hour of paid sick leave for every 30 hours worked. Employers can choose how to accrue the time but must make sure to accrue 1) 24 hours of paid sick leave by the 120th calendar day of employment and 2) at least 40 hours of paid sick leave by the 200th calendar day of employment.
Employers can frontload paid sick leave, in which case they are not obligated to roll over unused time at the end of the year. If they do not frontload the leave, they must roll it over. The cap is now 80 hours or 10 days instead of 48 hours or six days.
The amendment impacts all California employers regardless of size and applies to all full-time, part-time, and temporary workers who qualify for paid sick leave. Employees must work in California for at least 30 days for the same employer to be eligible.
Employees that are party to a collective bargaining agreement are exempt from the law. Employers must take into consideration local paid sick leave laws that may provide for more sick leave and protections than this new law does.
How:
- Monitor for the release of an updated Paid Sick Leave Notice.
- Update your sick leave/PTO policies, training materials, and employee handbooks to comply with the law.
- Ensure your payroll system and pay stubs comply with the law.
- Train supervisors, managers, and HR personnel on the new law.
Additional Resources:
Who: Covered Berkeley, California employers with 10 or more employees
When: Effective January 12, 2024
Effective January 12, 2024, Berkeley, California employers in certain industries with 10 or more employees working in the City of Berkeley must adhere to the new Fair Workweek Ordinance. Specifically, it applies to these organizations:
- Workers are primarily engaged in the building services, healthcare, hotel, manufacturing, retail, or warehouse services industries, and the business employs 56 or more employees globally;
- Workers are primarily engaged in the restaurant industry, and the business employs 100 or more employees globally;
- Workers that are franchisees primarily engaged in the retail or restaurant industries and associated with a network of franchises with franchisees employing 100 or more employees globally in total; and
- Section 501 not-for-profit corporations in the industries specified under subsection (a)(1), (2), and (3) and that employ 100 or more employees globally.
Covered employees are those who qualify for minimum wage and work at least two hours in a work week in Berkeley.
Employers must provide a written, good-faith estimate of a new hire’s schedule that indicates the minimum hours they will be expected to work. The employee may request a modification, which the employer can accept or reject. The employer must notify the employee in writing of their decision prior to or on the first day of employment.
At least 14 days in advance, an employer must notify current employees of their schedules. They can post it in a conspicuous place that is visible and available to all employees or send it to employees electronically.
Employers must offer additional hours first to qualified current employees before hiring a new employee to cover those hours. Employees have 24 hours to respond in writing if they choose to accept the extra work.
Covered employers have to notify employees of schedule changes within 24 hours. An employee can turn down unscheduled hours if the employer gives the employee notice less than 14 days before the first day of the schedule.
An employer must pay the employee predictability pay when they change the employee’s schedule under certain circumstances. If the employer adds or subtracts hours, moves a scheduled shift to another date or time, cancels a shift, or adds a previously unscheduled shift to the schedule with less than 14 days’ notice and more than 24 hours’ notice, the employer must pay one hour of predictability pay at the employee’s regular rate of pay.
When the employer takes any of those actions with less than 24 hours’ notice, the employer must pay four hours of predictability pay, or the number of canceled or reduced hours in the employee’s scheduled shift, whichever is less, or when hours are canceled or reduced. For all other changes with less than 24 hours’ notice, they must pay one hour of predictability pay. Just because an employee agrees to work additional hours or shifts, that action does not exempt the employer from predictability pay.
Predictability pay is not required under certain circumstances, such as when two employees mutually agree to swap shifts or cover each other’s shifts.
An employee is allowed to decline work hours that occur less than 11 hours after the end of the previous day’s shift or during the 11 hours following the end of a shift that spanned two days. If the employee accepts such shifts, the employer must pay one and one-half times the employee’s regular rate of pay for any hours worked less than 11 hours following the end of a previous shift.
The City Manager’s Department will enforce the law, which includes prohibitions against retaliation. The fine for retaliation is $1,000, and $500 for other offenses.
How:
- Provide written notice of employee rights under the law to each employee and to new employees upon hire.
- Post the notice of the Fair Workweek Ordinance in the workplace.
- Review your scheduling practices and procedures and update them as needed to comply with the law.
- Train managers on the law.
- Monitor for the release of additional regulations and guidance.
Additional Resources:
Who: California employers
When: Effective July 1, 2024
On September 30, 2023, Governor Newsom signed legislation that will require workplaces to adopt and implement a workplace violence prevention plan, document any threats or workplace violent incidents, and train employees. Cal/OSHA has been designated as the enforcement agency for this new law.
The prevention plans must cover:
- The name and title of responsibile individual for program implementation.
- Procedures for receiving and responding to reports of workplace violence
- Employers are prohibited from retaliating against an employee who reports an incident
- How employees can report a violent incident, threat, or other concern to their employer or law enforcement without fear of retaliation
- Procedures for alerting employees of the presence, location, and nature of a workplace violence emergency
- Evacuation or sheltering-in-place plans
- How reports will be investigated and how employees will be informed of the results
- Procedures for enlisting employees in developing and implementing the violence prevention plan
- The review of the plan for effectiveness and revising it as needed
How:
- KPA will continue to monitor this topic for additional information from Cal/OSHA as the effective date nears.
Additional Resources:
