California Labor Law Changes in 2024: an Overview

Understanding California labor laws is important whether you’re an employer or an employee. The Golden State frequently changes and updates its worker regulations. In 2024, for instance, several new laws take effect. This blog will list these policy changes and explain what they mean for you. Keep reading below for more information.

California Paid Sick Leave

“Paid sick leave allows employees to take time off work and still get paid. The reason for absence must be health-related,” says workers’ compensation attorney Rusty Levin of Levin & Nalbandyan LLP. Examples include staying home with the flu, taking your child to the doctor, or recovering from a surgical procedure. Effective January 1, 2024, California employees are entitled to 40 hours (or 5 days) of paid sick leave annually. Employers have two options for providing these benefits. They can give workers 40 hours at once (front-loaded method). Employees can also earn sick leave gradually using the accrual method. Typically, 24 hours become available by the 120th day of work and another 16 hours by the 200th day. Staff using this method can now carry over up to 80 hours of unused sick leave to the next year. This is double the previous limit of 48 hours.

Off-Site, Off-Duty Marijuana Use

California Assembly Bill 2188 introduces new protections for California workers. It restricts employers from taking any actions against workers for cannabis use outside work hours and away from the workplace. Employers are also prohibited from making decisions based on drug tests that indicate prior cannabis use. The new law encourages employers to use tests that detect active impairment rather than past use. This amendment excludes workers in the building and construction sectors.

Changes to Labor Code 2810.5

Previously, California employers were required to give written notice to nonexempt employees about their job details. The written notice included the employer's name, pay rate, compensation coverage, and paid sick leave information. Starting January 1, there are new changes to the law. The written notice must now include details about any federal/state emergency or disaster. This declaration notice must be issued 30 days before the employee’s first day of work.

Reproductive Loss Leave Policy

California companies with five or more employees must follow the reproductive loss leave policy. It applies to workers who have been with the company for at least 30 days. Specifically, they are entitled to take up to five days off if they experience a reproductive loss event. This includes miscarriages, stillbirths, failed adoption or surrogacy, or unsuccessful assisted reproduction attempts. This leave is usually unpaid. However, workers may choose their existing vacation days or sick leave if they want to get compensated. If the employee experiences multiple reproductive losses in a year, they are entitled to up to 20 days of leave within that period.

Non-compete Agreements

California has always taken a hard stance against non-compete agreements. In 2024, all non-compete agreements are void, no matter when or where they were signed. Employers are now required to notify current and former employees in writing that their non-compete agreements are void. However, if a company tries to enforce a non-compete, the affected worker has the right to sue.

New Requirement to Develop and Implement a Workplace Violence Prevention Plan

California employers are now required to create and maintain a comprehensive plan to prevent workplace violence. The deadline for complying was July 1, 2024. The new law requires the plan to be comprehensive and specifically designed to mitigate risks. All staff must be trained to follow the plan and respond to situations of workplace violence.

Conclusion

Employment laws in California change frequently. As the labor market evolves, so should your business. Recent changes in 2024 affect paid sick leave, off-duty marijuana use, non-competes, and violence prevention programs in the workplace. A qualified employment lawyer can help your business comply with new requirements and avoid fines and penalties.