California Employment Laws 2023

New employment laws 2023 in California

According to the results of my web search, these are some of the new employment laws 2023 in California that have been approved and that affect workers and employers:

Wage notification requirements: California employers with more than 100 employees must annually report to the Department of Civil Rights, the number of employees by race, ethnicity and gender, indicating the average and median hourly pay for each category.

COVID-related compensation: The presumption that an employee's COVID was contracted in employment is extended until January 1, 2024, for purposes of workers' compensation benefits.

COVID prevention standards: The distinction between vaccinated and unvaccinated employees is eliminated, the requirement to wear masks in various locations is eliminated, and many of the existing COVID restrictions are reduced.

Occupational safety and health citation notices: Notices related to health and safety must be posted in "the seven major non-English languages that are used by adults with limited English proficiency in California".

Employees excused from work during "emergency conditions": Employees are allowed to be absent from work or refuse to report during an "emergency condition" at the workplace, at home, or at their children's school.

Prohibition of actions for off-duty marijuana use: "Adverse actions" are prohibited against employees who use marijuana off the job, or if a drug test finds marijuana in the employee.

Increase in Unemployment Insurance and Temporary Disability Family benefits: Unemployment and wage replacement benefits are increased under the temporary disability family insurance program.

Bereavement leave: Up to five days of unpaid bereavement leave are granted within three months following the death of a family member.

Penalties for public employers for discouraging union membership: Companies that attempt to discourage their workers from joining a union are punished with fines of $1,000 per employee, not to exceed $100,000, plus the payment of attorneys' fees.

Amendments to California's Hate Crime Law: Cross burning and display of swastikas as symbols of hate are punished with fines of $16,000, and up to three years in prison.

Criminal record relief: The process of sealing criminal records is facilitated for persons who have served their sentence or who have been acquitted or charges dismissed.

California Reproductive Health Equity Program: Employers who do not provide coverage for abortion and contraception are required to inform their workers in writing of the free abortion and contraception services available under the California Reproductive Health Equity Program.

These are just some of the new employment laws 2023 in California, but there are many more that can affect your employment situation. That is why it is important to be informed and advised by a labor law professional who can help you defend your rights and comply with your obligations.

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Frequently asked questions about 2023 employment laws in California

Below, we will answer some of the most frequently asked questions that may arise about 2023 employment laws in California:

What rights do workers have in California?

Workers in California have a series of labor rights that protect them against violations by their employers. These rights include, among others, the right to:

Receive a minimum wage and fair overtime.

Receive compensation for work accidents and occupational diseases.

Receive sick leave, family leave, medical leave, maternity or paternity leave, or bereavement leave.

Receive equal opportunities and non-discriminatory treatment based on race, gender, age, religion, sexual orientation, disability, etc.

Receive protection against sexual and workplace harassment, wrongful termination, retaliation, violation of privacy, etc.

Receive adequate safety and health at work, and report dangerous or illegal conditions.

Receive freedom of association and union membership, and participate in collective activities.

What should I do if I am discriminated against by an employer in California?

If you believe that you have been discriminated against by an employer in California on the grounds of race, gender, age, religion, sexual orientation, disability, or any other category protected by law, you should follow these steps:

Document and keep all the evidence that can prove discrimination, such as emails, messages, witnesses, evaluations, etc.

File an internal complaint with the human resources department or supervisor of your company, following the procedure established by the company.

File an external complaint with the corresponding agency, such as the California Department of Fair Employment and Housing (DFEH) or the Equal Employment Opportunity Commission (EEOC), within the time limits established by law.

Contact a lawyer specializing in labor law, who can advise and represent you in the claim and negotiation process, or in the event that a lawsuit is filed.

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What happens if I do not receive the minimum wage or overtime that corresponds to me in California?

If you are not receiving the minimum wage or overtime that corresponds to you in California, you can claim what you are owed from your employer or from the California Division of Labor Standards Enforcement (DLSE). To do this, you must follow these steps:

Calculate the amount you are owed, taking into account the current minimum wage in California, the number of hours worked, and the type of work you perform.

Request in writing that your employer pay you what is owed, attaching proof of payment, payroll records, time records, etc.

File a claim with the DLSE, filling out the corresponding form and attaching all documentation that supports your claim.

Attend a hearing before the DLSE, where both parties will be heard and a decision will be issued on the case.

Contact a lawyer specializing in labor law, who can advise and represent you in the claim process and in the event that an appeal or lawsuit is filed.

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