California continues to expand protections for its workers. From increased minimum wages to bereavement leave rights, here are some of the new employment laws taking effect in 2023.
Minimum Wage Increases
Starting January 1, 2023, the minimum wage in California will increase to $15.50 per hour. In contrast to previous years, this new rate applies to all employers regardless of size. However, this rate is a floor, not a ceiling because many cities have a higher minimum wage than the state. For example, as of July 2022, the minimum wage in Los Angeles is $16.04. Likewise, the minimum wage in Pasadena is $16.11. The hourly wage for Los Angeles and Pasadena will be adjusted annually based on the Consumer Price Index (CPI). For more information on minimum wage rates by city, check out the minimum wage chart maintained by UC Berkeley.
Bereavement Leave Under CFRA (AB 1949)
As of January 1, 2023, California employers with five or more employees will be required to provide up to five days of unpaid bereavement leave to eligible employees. Bereavement leave is time off work given to an employee after the death of a family member. Notably, this new employment law amends the California Family Rights Act (“CFRA”), providing that the five days of bereavement leave is in addition to the 12 weeks of family and medical leave permitted under CFRA. To be eligible, employees must be employed for at least 30 days prior to the leave. The bereavement leave does not need to be taken consecutively. However, the leave must be completed within three months of the death of the family member. Furthermore, employers must let employees use any available vacation, sick, or other paid time off for purposes of bereavement leave.
Leave For A Designated Person Under CFRA (AB 1041)
Another important amendment to CFRA is the expansion of leave rights to care for a designated person. The CFRA provides eligible employees 12 weeks of unpaid job-protected leave for personal and family medical needs. (Gov. Code, § 12945.2, subd. (a).) Currently, an eligible employee may take leave to “care for a child, parent, grandparent, grandchild, sibling, spouse, or domestic partner who has a serious health condition.” (Gov. Code, § 12945.2, subd. (b)(4)(B).) However, beginning January 1, 2023, employees will also be able to take CFRA leave to care for a “designated person.” A designated person is defined as “any individual related by blood or whose association with the employee is the equivalent of a family relationship.” AB 1041 provides that employees may identify their “designated person” at any time, including at the time they request leave.
Contraceptive Equity Under FEHA (SB 523)
Beginning January 1, 2023, the protections of the Fair Employment and Housing Act (“FEHA”) will be expanded to prohibit employers from discriminating against applicants and employees based on their reproductive health decision-making. Reproductive health decision-making is defined as “a decision to use or access a particular drug, device, product, or medical service for reproductive health.” This new employment law will also make it unlawful for employers to require applicants or employees to disclose information about their reproductive health decision-making.
Emergency Conditions Under Labor Code (SB 1044)
SB 1044 is another new employment law that prohibits employers from taking or threatening to take adverse action against employees who, in the event of an “emergency condition,” refuse to go to work or leave work due to a reasonable belief that the worksite is unsafe. “Emergency condition” is defined as (1) conditions of disaster or extreme peril to the safety of persons or property at the workplace caused by natural forces or a criminal act, or (2) an order to evacuate a workplace, a worker’s home, or the school of a worker due to a natural disaster or crime. The bill specifically excludes health pandemics as an emergency condition.
For more information on CFRA leave, please take a look at my practice areas page on Medical Leaves. You may also find this previous post helpful: Pregnancy Leave: How Much Time Are You Entitled to Take Off Work?
