{"id":4330,"date":"2023-07-31T20:35:29","date_gmt":"2023-07-31T20:35:29","guid":{"rendered":"https:\/\/shegerianconniff.com\/?p=4330"},"modified":"2023-07-31T20:35:29","modified_gmt":"2023-07-31T20:35:29","slug":"staying-up-to-date-breaking-down-the-latest-in-california-labor-laws","status":"publish","type":"post","link":"https:\/\/shegerianconniff.com\/dev\/staying-up-to-date-breaking-down-the-latest-in-california-labor-laws\/","title":{"rendered":"Staying Up to Date \u2013 Breaking Down the Latest in California Labor Laws"},"content":{"rendered":"

Recently, the California Supreme Court ruled that an UberEats driver did not give up his right to sue under the state\u2019s Private Attorney General Act (PAGA), regardless that he signed an agreement to bring work-related complaints to the company for private arbitration.<\/span><\/p>\n

What is the Private Attorney General Act? It\u2019s a special law in California that allows workers to sue for employment law violations on behalf of the state and keep 25% of the money they win. The rest of the money goes into a state agency to help fund the labor law enforcement agency.<\/span><\/p>\n

That\u2019s one of many California Labor Laws<\/a> making headlines in 2023. What other labor laws are important to know? We\u2019ll break down the latest California Labor Laws for you.<\/span><\/p>\n

Agricultural Jobs and Overtime<\/span><\/h3>\n

Effective January 1, 2023, agricultural workers are entitled to overtime, even if their employer has no more than 25 employees. Overtime for a small company is required after 9 hours in one day or 50 hours in one week. If the employer has more than\u00a0 25 employees, overtime is required after 8 hours in a day or 40 hours in a week.<\/span><\/p>\n

Garment Worker Protection Act<\/span><\/h3>\n

Starting in 2022, any worker in the garment industry who is not covered by a collective bargaining agreement is not allowed to be paid a piece rate. These workers must be paid an hourly wage that is at or above minimum wage. If an employer does hire a garment worker and only pays a piece rate, they and manufacturers that contract with them are liable for fines of up to $200 per worker per pay period.<\/span><\/p>\n

Garment workers can be paid incentive-based bonuses to boost productivity. But, those bonuses cannot reduce the rate of pay to be less than minimum wage. If a worker\u2019s employer isn\u2019t following wage laws, the employer, brand, and manufacturers hiring the employer can all be held liable.<\/span><\/p>\n

What does this mean? Suppose you work for a garment company that does all the sewing for a major fashion label. You\u2019re paid per piece and not minimum wage. Not only is the company employing you responsible that you\u2019re paid correctly, but the fashion label is equally responsible.<\/span><\/p>\n

Job Recall Rights<\/span><\/h3>\n

During the COVID pandemic, employees in the hospitality and service industry may have lost jobs due to the decline in business. SB 93 requires employers to first rehired the workers they laid off, at the same position they held or similar. Priority for the jobs is based on seniority. Only after that rule is met can employers hire new employees.\u00a0<\/span><\/p>\n

Quota Laws<\/span><\/h3>\n

Some companies, such as warehouses with conveyor belts, require employees to meet a specific quota within a shift. This might be in a job like packing orders where employees are expected to fill 50 orders per hour.\u00a0<\/span><\/p>\n

The Warehouse Quota law requires employers to provide a clear, written description of the quota requirements. It must include what actions may be taken if an employee doesn\u2019t meet the quota during a shift. This same law also limits quotas if they are interfering with the employee\u2019s right to take a bathroom break or have a meal or rest period.<\/span><\/p>\n

Bereavement Leave<\/span><\/h3>\n

Another new law in 2023 is the Bereavement Leave law. Any company with five or more employees must grant up to five days of bereavement leave after an employee\u2019s qualifying family member dies. It\u2019s required if the employee has worked there for at least 30 days. This law covers spouses, children, parents, grandparents, siblings, grandchildren, and in-laws.<\/span><\/p>\n

Pay Transparency<\/span><\/h3>\n

On January 1st, it became a legal requirement for all companies with 15 or more employees to disclose a table that listed the pay range for every position. It also enabled current employees to ask to see the pay range for their job.\u00a0<\/span><\/p>\n

The City of Los Angeles\u2019 Fair Work Week Ordinance<\/span><\/h3>\n

For workers in Los Angeles, the FWWO applies to any company with a minimum of 300 employees around the globe. It\u2019s meant specifically to address issues with scheduling in the retail industry. When hiring employees, a \u201cwritten good faith estimate of the work schedule must be provided. Employees must be given a \u201cgood faith estimate\u201d of their work schedule within ten days of requesting one.\u00a0<\/span><\/p>\n

The goal of FWWO is to help employees better predict their upcoming pay and when they will be on-call or expected to work. Employers must provide workers with their work schedule at least 14 days before that work period begins. If the employer changes the schedule after that, the employee must agree to the change. Employers are required to pay \u201cpredictability pay\u201d following these rules:<\/span><\/p>\n