2024 Legislative Update, Part One: New Leave Laws and Job Protections

January 30, 2024 by Beeson Tayer & Bodine

 

Expanded Paid Sick Leave (SB 616)

By: Lorrie Bradley

Starting January 1, 2024, state-managed PSL increases from 3 days (24 hours) to 5 days (40 hours. Employees will now accrue 1 hour for every 30 hours worked as long as 24 hours are accrued in 120 days and 40 are accrued in 200 days. Employers are allowed to use the accrual method or front load the paid leave.

The bill also increases the limit on usage of accrued leave in one year from 24 to 48 hours and increases the cap on accrued time from 6 days to 10 days.

CBA-covered employees can now use PSL for all Labor Code reasons (illness, doctor visit, family member, “safe” leave, domestic violence, stalking) and do not need to find their own replacement. CBA-covered employees may not be disciplined (or given attendance “points”) for using PSL. CBA employers are not required to use the same PSL accrual rate.

 

Reproductive Leave Loss (SB 848)

By: Andrew Baker

This bill requires employers with 5 or more employees to provide employees, who have worked for at least 30 days, with 5 days of “reproductive loss” leave. “Reproductive loss” includes miscarriage, failed surrogacy, stillbirth, unsuccessful “assisted reproduction” (such as artificial insemination or embryo transfer) or failed adoption.

The leave is unpaid, but the employee may use any paid leave available to them. The leave must commence within 3 months of the loss, and can be taken on nonconsecutive days.

 

Protection for Off-Duty Cannabis Use (AB 2188)

By: Peter McEntee

Effective January 1, 2024, employers may not refuse to hire, terminate, or otherwise discriminate against an applicant/employee for:
• Using cannabis off-duty and away from the workplace; or
• Testing positive for nonpsychoactive cannabis metabolites in a drug screen.

Exceptions:
• Employees may not be in possession of, impaired by, or use cannabis at work.
• Does not apply to building and construction trades.
• Does not apply if federal law requires preemployment screening.
• Does not preempt federal or state law requiring drug testing of applicants/employees.
• Employees may not be under the influence or in possession at work.

Testing types that are compliant with the new law:
• Oral fluid/saliva testing (detects recent use – 30 minutes to 24-48 hours); and
• Breath testing (detects recent use – 15 minutes to 3 hours).
Urine, blood and hair testing are all non-compliant.

 

Grocery Worker Rehire Rights (AB 647)

By: Peter McEntee

This bill expands on protections afforded grocery employees, including employees of grocery distribution centers, when there is a change in employer control or ownership.

The bill requires the outgoing employer to provide a list of employees who have worked for the employer for at least six months to the incoming employer, and the incoming employer must hire from the employees on this “preferential” list and retain them for a minimum of 90 days. If the facility is union, the outgoing employer must also provide the preferential list to the union.

The bill allows for a collective bargaining agreement to supersede these provisions.

 

Hospitality Industry Recall (AB 723)

By: Andrew Baker

Extends to December 31, 2025, recall protection for employees laid off after March 3, 2020, for those employed at least 6 months by hotels, large event centers, airport hospitality operations, and airport service providers, including rental car companies operating under agreements with airports.

 

The material on this website is provided by Beeson, Tayer & Bodine for informational purposes only and does not constitute legal advice. Readers should consult with their own legal counsel before acting on any of the information presented. Some of the articles are updated periodically, and are marked with the date of the last update. Again, readers should consult with their own legal counsel for the most current information and to obtain professional advice before acting on any of the information presented.