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January 17, 2023

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Failure to Pay Wages

New California employment laws going into effect in 2023

Workers in California will be protected by new laws starting in 2023. Below are some important changes.

Expansion of paid sick leave

A new bill, AB 1041, expands employees’ rights under the California Family Rights Act (CFRA). Under AB 1041, you can use your paid sick leave to care for a “designated person” under California’s paid sick leave law and the CFRA. Your employer may require you to select one designated person to care for in each 12-month period.

Bereavement leave

Under AB 1949, bereavement leave has been added to the CFRA. Employers with five or more workers who have been employed for at least 30 days must provide up to five days of bereavement leave after the death of a family member. Workers are permitted to take time off within three months of the death of their loved one, but days taken don’t have to be consecutive.

Off-duty cannabis use protections

Under the California Fair Employment and Housing Act, AB 2188 will make it illegal for employers to discriminate against workers in any aspect based on off-duty cannabis use. Employers cannot terminate, refuse to hire, not promote or not provide raises to workers based on their off-duty cannabis use.

Reproductive health decision protections

SB 523, the Contraceptive Equity Act of 2022, will further expand protections to all workers based on decisions they make for their reproductive health. Employers cannot discriminate against anyone at any stage of employment, must abide by existing wage and hour laws, and cannot demote workers on the basis of their reproductive health decisions.

These new laws go into effect on Jan. 1, 2023, and should give workers added protections.

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