A quick summary of California Employment Law Updates 2023:
Minimum Wage Increase: $15.50/hour
Salary to $64,480
CFRA Expansion
May now have a “Designated Person”
Can be “any individual related by blood or whose association with the employee is the equivalent of a family relationship.”
Bereavement Leave
5 days of protected leave
“child, parent, sibling, grandparent, grandchild, domestic partner, or parent-in-law”
Retaliation for Emergency Condition
(A) “Emergency condition” means the existence of either of the following:
(i) Conditions of disaster or extreme peril to the safety of persons or property at the workplace or worksite caused by natural forces or a criminal act.
(ii) An order to evacuate a workplace, a worksite, a worker’s home, or the school of a worker’s child due to a natural disaster or a criminal act.
(B) “Emergency condition” does not include a health pandemic.
Sexual Assault Revival
“This section applies to any action described in subdivision (a) that is based upon conduct that occurred on or after January 1, 2009, and is commenced on or after January 1, 2019, that would have been barred solely because the applicable statute of limitations has or had expired. Such claims are hereby revived and may be commenced until December 31, 2026.”
Off-Duty Marijuana Use
(a) It is unlawful for an employer to discriminate against a person in hiring, termination, or any term or condition of employment, or otherwise penalizing a person, if the discrimination is based upon any of the following:
(1) The person’s use of cannabis off the job and away from the workplace. This paragraph does not prohibit an employer from discriminating in hiring, any term or condition of employment, or otherwise penalizing a person based on scientifically valid pre-employment drug screening conducted through methods that do not screen for nonpsychoactive cannabis metabolites.
(2) An employer-required drug screening test that has found the person to have nonpsychoactive cannabis metabolites in their hair, blood, urine, or other bodily fluids.
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