Although you should still be on a sugar excessive from Halloween, the brand new 12 months is quick approaching, and with it, the onset of a number of new California employment legal guidelines. Employers ought to put together now by updating their handbooks for 2024. Whereas there are a myriad of employment legal guidelines to concentrate on, we define probably the most pertinent adjustments California employers ought to make to their handbooks, beneath:
Replace Paid Sick Depart Insurance policies for Increased Accrual Necessities, Carryovers, and Caps
Change Your Coverage from 24 hours to 40 hours
In case you are not topic to a neighborhood paid sick go away regulation, you need to replace your paid sick go away coverage to mirror that staff should now obtain 5 days or 40 hours of paid sick go away per 12 months. Employers should elect the lump sum or the accrual technique. For employers with an accrual coverage, staff nonetheless accrue PSL at a price of 1 hour for each 30 hours labored. If utilizing another accrual technique (something apart from 1 hour accrued for each 30 hours labored), then staff should accrue a minimum of 5 days or 40 hours by the 200th calendar day of the employment, every calendar 12 months, or in every 12-month interval [together with the existing requirement that they accrue 3 days or 24 hours by the 120th day of work].
Implement New Carryover Necessities & Use Caps
If utilizing the lump-sum technique, employers needn’t enable for any carryover, if the complete quantity of go away is acquired at the start of every 12 months of employment, calendar 12 months, or 12-month interval. If utilizing the accrual technique (or any various accrual technique), employers should enable staff to carryover (however might cap accrual) at 10 days (or 80 hours).
An employer can restrict an worker’s use of accrued paid sick go away to 40 hours or 5 days in annually of employment, calendar 12 months, or 12-month interval.
Reminder
Additionally be certain that when issuing 2810.5 Wage Theft Discover to Worker to new hires that you simply precisely mirror the brand new quantity of paid sick go away.
Guarantee No References to Non-Compete or Non-Solicitation Clauses
Take away noncompete provisions out of your handbook, together with non-solicitation of buyer or staff provisions. Additionally, any employer that required a present or former worker to signal a noncompete who was employed after January 1, 2022, should notify every present or former worker in writing that the noncompete settlement they entered into is void no later than February 14, 2024. Please beware, staff who signed handbook acknowledgments with noncompete agreements lawful in different states earlier than transferring to California should signal a brand new acknowledgment that acknowledges a handbook with no noncompete agreements.
Revise Your Bereavement Depart Coverage to Embody Reproductive Loss
You probably have 5 or extra staff, revise your bereavement insurance policies to incorporate entitlement for a “reproductive loss occasion.” Entitlements for reproductive loss go away consists of, for instance, a failed adoption or surrogacy, miscarriage, stillbirth, or unsuccessful assisted copy. Employers might restrict the go away to staff who’ve labored for the employer for a minimum of 30 days. Workers are allowed to take the times nonconsecutive days off inside three months of the reproductive loss. The go away is unpaid. Ought to the worker have one other reproductive loss, they’re entitled to a further 5 days as much as a most of 20 days in a 12-month interval (though, employers might present extra).
Evaluation Insurance policies for Interference With the Nationwide Labor Relations Act (“NLRA”)
With the Nationwide Labor Relations Board (“NLRB”) taking an aggressive stance in opposition to potential infringement of worker rights underneath Part 7 of the NLRA, employers ought to overview their requirements of conduct insurance policies, confidentiality insurance policies and social media insurance policies, specifically. Think about removing of language impeding staff’ off-duty, lawful conduct. Think about proscribing solely restricted classes of speech, for instance, hate speech, incitements to violence, and disclosure of commerce secrets and techniques within the social media coverage. Think about additionally together with NLRA disclosures that handbook insurance policies aren’t supposed to restrict staff’ lawful, off-duty conduct or to infringe their proper to debate the phrases and situations of their employment. Usually, the NLRB considers one NLRA financial savings clause to broadly cowl the entire handbook inadequate.
Implement a Office Violence Prevention Plan and Coaching by July 1, 2024
Think about including a Office Violence Prevention Plan in your handbook or as an addendum to identical. California employers should Implement a office violence prevention program by July 1, 2024, present coaching to staff on office violence hazards, preserve a violent incident log and different office violence-related information, after which conduct periodic opinions of the plan. The plan should: (1) designate a accountable particular person; (2) have process to realize involvement of staff in improvement and implementation of the plan; (3) describe strategies the employer will use to coordinate the plan with staff; (4) have process for the employer to take and reply to studies of office violence and to ban retaliation for identical; (5) include process for tips on how to talk with staff relating to office violence, tips on how to report incident, threats or issues, and should even have efficient measures to alert staff of a office violence emergency and the place to hunt assist; (6) have process to determine and consider office violence hazards and issues; (7) have process for response and investigation; and (8) describe procedures for plan overview, together with by staff and licensed representatives. Employers should additionally present coaching on the office violence prevention program to staff. This doesn’t apply to healthcare employers, staff teleworking from a location not managed by the employer, locations of employment which might be inaccessible to the general public and have fewer than 10 staff working at any time, and sure state businesses.
Guarantee Your Being pregnant Lodging Coverage complies with the Pregnant Employees Equity Act
California employers ought to guarantee their being pregnant lodging (and different lodging insurance policies) don’t infringe staff’ rights underneath the Pregnant Employees Equity Act (“PWFA”)—a federal doctrine that could be extra restrictive than state or native legal guidelines. Though already in impact, the PWFA requires cheap lodging for workers and candidates of coated employers (with 15 or extra staff) who’ve recognized limitations associated to being pregnant, childbirth, or associated medical situations. The Home Committee on Schooling and Labor Report on the PWFA gives a number of examples of what cheap lodging could also be. Some pertinent examples embrace permitting staff coated by the PWFA to: sit or drink water; obtain nearer parking; have versatile hours; obtain appropriately sized uniforms and security attire; obtain further break time to make use of the lavatory, eat, and relaxation; take go away or day without work to get better from childbirth; and be excused from strenuous actions or actions that contain publicity to compounds not protected for being pregnant.
With lower than two months remaining earlier than many of those legal guidelines take impact, it’s crucial for employers to show their give attention to 2024 compliance now earlier than they’re left taking part in catch up. A dose of prevention beats an oz. of treatment. This above coverage revisions checklist will not be exhaustive and solely highlights some main adjustments in California regulation. Employers ought to seek the advice of counsel to craft compliant insurance policies and focus on the complete breadth of what these new legal guidelines entail.
