As we wrap 2022, here a review of some of the changes to California employment law that will continue to affect employers in 2023.

Legislative Changes

New Year, New Minimum Wages for California

California Tightens Rules on Vehicle Tracking, Fleet Management

Cal/OSHA Mandated to Update Heat Illness and Wildfire Smoke Standard

California Revises Formula for Paid Family Leave and State Disability Insurance Benefits to Assist Lower Wage Earners

California Expands Who an Employee Can Care for Under the CFRA and California Paid Sick Leave Law

California Prohibits Retaliation Against Employees for Refusal to Report to Work During Emergency Conditions

Bereavement Leave Now Protected in California

California Passes New Requirements for Call Center Employers

COVID-19 Employee Notice Requirements Revamped and Extended Until 2024

Amendment to CMIA Regarding Mental Health and Mental Health Apps

California Expands Pay Transparency and Reporting Obligations

High Times Ahead for Employers in California

California Adopts Law that Seeks to Protect Children’s Online Privacy

FAST Recovery Act Signed by California’s Governor

California Passes Legislation to Expand Mandated Retirement Plans

California Governor Signs Bill Extending Provisions Related to Filing Work Share Plans Indefinitely

Case Law Changes

Federal Preemption of California’s Meal and Break Laws for Interstate Motor Carriers Applies Retroactively

Ninth Circuit Holds California’s ABC Test for Classifying Independent Contractors Does Not Violate First Amendment

California Court of Appeal Upholds Construction Industry CBA Exemption from PAGA

U.S. Supreme Court Deals Blow to California’s Private Attorneys General Act

9th Circuit Holds California Paid Sick Leave Does Not Apply to Rail Workers

California Supreme Court Holds No Privity Between Hospital and Staffing Agency to Allow Claim Preclusion

Pre-Employment Drug Testing Not Compensable Under California Law Holds Ninth Circuit

California Courts Have Found Two Statutes Requiring Diversity in the Makeup of Public Company Boards of Directors Unconstitutional

California Supreme Court Rules Additional Penalties May Be Recoverable for Meal & Rest Period Violations

Exclusive Concurrent Jurisdiction Applies to Overlapping PAGA Actions

9th Circuit Rejects PAGA Objector’s Appeal

California Court of Appeal Upholds Enforcement of Non-Solicitation Covenant Based on the Statutory Exception for Transferring Ownership of a Business Interest

California Court of Appeals Rules Short Haul Drivers’ Claims Preempted by Federal Motor Carrier Safety Administration Rules

California Supreme Court Resolves Confusion Regarding the Burden Shifting Standard for Whistleblower Retaliation Claims

California Court of Appeal Reiterates Support of Rounding of Employee Time, Affirms Denial of Class Certification

Administrative Changes

Non-Emergency COVID-19 Standard Passed by Cal/OSHA

Jackson Lewis will continue to track changes that affect California employers in 2023. If you have questions about California workplace law compliance, contact a Jackson Lewis attorney to discuss.