California lawmakers, by and large, are a labor-friendly bunch and, as in past years, they passed a host of new workplace protections that took effect when the new year struck.
Instead of breaking new ground, many of the changes represent expansions of existing protections, such as family leave and enforcement of workplace anti-discrimination laws.
And, while state legislatures typically produce fewer pieces of major legislation in years with big, national elections, Chelsea Mesa, an employment attorney with firm Seyfarth Shaw, said she expects legislative activity on the labor front to pick up speed in the coming months. “It’s going to be a very busy year,” she said.
Here’s what to know about new laws on the books.
‘Captive audience meetings’
A new law makes it illegal to penalize an employee who refuses to attend a meeting at which their employer discusses its “opinion about religious or political matters,” including whether to join a union.
Unions have long held that these “captive audience meetings” serve to intimidate employees and hinder organizing efforts.
But the law, Senate Bill 399, faces a legal challenge from business groups. The California Chamber of Commerce and the California Restaurant Assn. contend in a recently filed lawsuit that it violates companies’ rights to free speech and equal protection under the 1st and 14th amendments.
The suit asks the courts to block the law from going into effect. Business groups successfully challenged a similar Wisconsin law in 2010 but attempts to overturn Oregon’s law have been dismissed.
Digital likeness of performers
Unions backed a slew of artificial intelligence-related legislation, aiming to place safeguards around the rapidly evolving technology, with limited success. One big win was Assembly Bill 2602, which aims to protect actors and other performers by making it illegal for artificial intelligence to replicate their voice or likeness without permission.
Under the law, backed by performers union SAG-AFTRA, employers would not be allowed to use an AI version of a performer’s voice or likeness if that usage replaces work that the performer could have done in person. And it requires that workers be represented by their union or legal counsel in deals involving their AI-generated likenesses.
Another law sponsored by SAG-AFTRA, AB 1836, aims to prevent dead actors’ voices from being exploited by requiring a $10,000 fine for using their voice without consent from their estate.
Paid family leave
Workers taking leave to care for a new baby or for a sick family member will see a boost in benefits under Senate Bill 951, which passed in 2022.
Under the law, workers with incomes of less than $63,000 a year will now be eligible to receive 90% of their pay when taking leave. It’s a bump up from the previous 70% of pay these lower-paid workers were eligible for.
Workers earning higher than the $63,000 threshold will receive 70% of their pay.
Farmworker sick leave
Senate Bill 1105 allows California farmworkers to use sick time when environmental conditions prove too hazardous for work to be done safely.
“This law is critical as we adapt our policies to the impacts of climate change,” state Sen. Steve Padilla (D-Chula Vista), who was author of the law, said in a statement.
Freelance work
The Freelance Worker Protection Act requires that businesses hiring freelancers provide written contracts for services that pay the worker more than $250.
The law requires timely payments, on the date specified in the contract, or within 30 days of service completion if no specific date is set.
The law gives freelancers greater ability to enforce their rights if rules are not complied with. For example, a freelancer could sue and be awarded $1,000 if the employer refused to provide a written contract, as well as damages up to twice the amount that remained unpaid when payment was due.
Workplace discrimination
In September, Gov. Gavin Newsom signed Senate Bill 1137 into law, which clarifies that discrimination can happen based on a combination of protected characteristics. This layered approach to understanding discrimination is called “intersectionality” and it’s a policy change employers will need to take note of in their written policies, said Mesa, the employment attorney.
Mesa said, however, that it’s a concept that many companies already understand in theory. “My hope is that this doesn’t represent a dramatic change,” she said.
Another law, Senate Bill 1340, opened up the capacity for cities to enforce workplace discrimination laws on their own that previously was the domain of state agencies like the California Civil Rights Department.
Giving local agencies a chance to play a more active role in handling discrimination complaints could potentially result in quicker responses and remedies for workers. The Civil Rights Department in the city of Los Angeles, for example, is gearing up to take on such cases.
