Employers covered by San Francisco’s Fair Chance Ordinance or Health Care Security Ordinance are required to submit the Employer Annual Report Form to the San Francisco Office of Labor Standards Enforcement (OLSE) by May 3, 2024. The purpose of the Annual Report Form is to provide OLSE with a snapshot of the employer’s compliance with either of these two San Francisco ordinances. Covered employers who fail to submit the form by the deadline may be subject to a penalty of $500 per quarter. Instructions and resources for employers who are required to report are on the OLSE’s websi ..read more

On April 1, 2024, the new fast-food minimum wage took effect. At the end of March, California’s Labor Commissioner issued an FAQ regarding the new minimum wage. It includes the following sections: Overview of the Minimum Wage Increases Who is covered by the law The role of the fast-food council in addition to minimum wage The FAQ highlights important aspects of the new fast-food minimum wage statute: Posting Requirements There is a supplemental posting to the minimum wage order that must be posted by covered employers. The supplemental posting is available on the Labor Commissioner’s page. C ..read more

California’s pro-employee employment regulations are often compared to those of the European Union. Recently, the California legislature borrowed another European idea for a proposed bill, “the right to disconnect from work.” Assembly Bill (AB) 2751 would mandate that employers establish policies that allow employees to disconnect from employment communications during non-working hours. Under the proposed law, employers would not be permitted to contact the employees outside of working hours except in the event of an “emergency” or “scheduling.” Under the bill, an emergency is defined as “an u ..read more

Last year, California’s Governor signed Senate Bill (SB) 553, which requires most employers to establish, implement, and maintain an effective Workplace Violence Prevention Plan (WVPP). The law is enforceable on July 1, 2024. Cal/OSHA is responsible for enforcing the requirements of SB 553, now codified in California Labor Code Section 6401.9. Recently, Cal/OSHA published a Frequently Asked Questions (FAQ) page to assist with compliance. The FAQ reviews the following: Definitions under the statute Employer applicability Requirements for the WVPP Violent Incident Logs Training Record ..read more

In its recent opinion in Huerta v. CSI Electrical Contractors, the California Supreme Court addressed three inquiries posed by the 9th Circuit. These inquiries specifically relate to the definition of “hours worked” within the context of the California wage order applicable to the construction, drilling, logging, and mining industries, as well as the California labor code. In the underlying action, employees were working on a solar power facility located on privately owned land that had limited access on and off the highway.  As a result, the employees’ entry was sometimes delayed, with h ..read more

Last year, California’s Governor signed Senate Bill (SB) 553, which requires all employers to establish, implement, and maintain an effective Workplace Violence Prevention Plan (WVPP). The law takes effect on July 1, 2024. Cal/OSHA is responsible for enforcing the requirements of SB 553, now codified at California Labor Code Section 6401.9. Last Friday, Cal/OSHA published a Model WVPP. Similar to its model Injury and Illness Prevention Plan (IIPP) and COVID-19 Prevention policy, the Model WVPP is designed to assist employers in drafting their own plans. Employers are not required to use Cal/OS ..read more

The State of California recently updated two pamphlets that must be provided to new hires. The California Department of Industrial Relations Division of Workers Compensation updated its “Time of Hire” Pamphlet.  Employers must provide this document to newly hired employees. The document explains what workers’ compensation is, how to file a claim in addition to navigating medical care. The Employment Development Department (EDD) updated its “For Your Benefit” pamphlet. Employers must provide this pamphlet at the time of hire and discharge of employees. The document details state-provided b ..read more

Cal/OSHA, the California Division of Occupational Safety and Health, effective January 1, 2024, increased penalties for certain violations to adjust for inflation and ensure consistency with California and federal law. This annual increase is mandated by a statute enacted by California in 2017, which authorizes increases in certain minimum and maximum civil penalties to ensure consistency with federal OSHA’s civil penalties. The increase is based on the Bureau of Labor Statistics’ report on the October Consumer Price Index for All Urban Consumers (CPI-U) each year. This year’s adjustment for t ..read more

In October 2023, California’s Governor signed Assembly Bill (AB) 1076 which added the new Business & Professions Code §16600.1, making it unlawful to impose non-compete clauses on employees – which contractual restrictions already are void under Business & Professions Code §16600. Under AB 1076, employers must notify current employees and former employees (employed after January 1, 2022), that any noncompete agreement or noncompete clause contained within an agreement the current or former employee signed is void unless the agreement or clause falls within one of the statutory exceptio ..read more

California’s pay data reporting portal will open on February 1, 2024, and employers will be required to report on three new data points. Since 2020, California has mandated that employers with at least 100 employees submit a pay data report to the state Civil Rights Department (CRD) as part of its efforts to advance fair pay. The reporting requires annual submissions detailing pay and hours worked for employees in California, or who are a part of a California establishment, categorized by establishment, job category, race/ethnicity, and sex. In 2022, the reporting requirements expanded to requ ..read more