In a recent presentation at the Central Valley Business Expo, Weintraub shareholder Lukas Clary highlighted key changes in California employment law that employers need to be aware of. The discussion covered critical legal updates, including new workplace violence prevention and indoor heat exposure requirements, as well as expanded definitions of harassment and retaliation and newly enacted legislation impacting employer practices.
Link to Recent Legal Updates Recent Legal Updates
Workplace Violence Prevention Plans
California Senate Bill 553 mandates that most employers implement a Workplace Violence Prevention Plan (WVPP) by July 1, 2024. These plans must address four types of workplace violence (from third parties, coworkers, or those with personal relationships to employees) and outline procedures for reporting, emergency response, and training. Employers face penalties for non-compliance, with exemptions for small and certain specific workplaces.
New Cal OSHA Indoor Heat Exposure Regulations
As of June 20, 2024, Cal OSHA requires protections for indoor workplaces at 82°F or above, including fresh water, cool-down areas, and temperature monitoring during heat waves. Mandatory heat illness training for at-risk employees and supervisors is also required, along with a 12-month retention of temperature records.
Expanded Harassment and Retaliation Standards
The California Supreme Court in Bailey v. San Francisco DA’s Office ruled that a single racial slur can constitute harassment, and minor but continuous retaliatory actions by employers may now qualify as unlawful retaliation. The case underscores the importance of assessing the overall context in harassment claims.
New Legislation
Governor Newsom has signed new bills affecting employment, including:
- SB 399: Prohibits mandatory employer meetings on political or religious issues.
- SB 988: Requires written contracts and timely payments for freelancers.
- SB 1100: Limits driver’s license requirements in job postings to essential roles.
- AB 2975: Mandates weapon detection screening in hospitals by 2027.
Additional regulations, such as SB 1446 (self-checkout restrictions) and AB 2499 (expanded leave for crime victims), address evolving workplace needs.
Conclusion These updates reflect California’s dynamic legal landscape, emphasizing worker safety and rights. Employers are encouraged to stay informed and seek tailored legal guidance to navigate these changes effectively.