California’s Governor has signed bills affecting employers in the state. The new laws take effect on January 1, 2025.
Jury, Court, Victim Time Off Provisions
AB 2499 amends the provisions for time off related to jury duty, court appearances, and victim-related activities. Current California law provided protections to employees from discrimination or retaliation for taking time off for jury duty, court appearances, or to employees who were victims of crime or abuse. AB 2499 broadens the definition of “victims” to include a victim of a “qualifying act of violence,” which can be:
- domestic violence, sexual assault or stalking, or
- an act, conduct, or pattern of conduct that includes:
- An individual causes bodily injury or death to another.
- An individual exhibits, draws, brandishes, or uses a firearm or other dangerous weapon, with respect to another.
- An individual uses or makes a reasonably perceived or actual threat of use of force against another to cause physical injury or death.
Employees are permitted to use vacation, personal leave, paid sick leave, or compensatory time off that is available.
Paid Family Leave
Under current California law employers can require employees to take up to 2 weeks of accrued vacation before employees could access PFL benefits. As of January 1, 2025, this requirement will no longer apply. AB 2123 “eliminates an employer’s ability to require employees to use accrued vacation leave before accessing California’s Paid Family Leave Program (PFL).”
Driver’s License Requirements in Job Postings
SB 1100 prevents employers from including statements requiring a driver’s license in job postings unless a driver’s license is a bona fide occupational qualification. The following conditions must be satisfied:
- The employer reasonably expects driving to be one of the job functions of the position.
- The employer reasonably believes that using an alternative form of transportation (e.g., Ride-hailing services, Taxis, Carpooling, Bicycling, Walking) would not be comparable in travel time or cost to the employer.
Mandatory Meetings During Union Organizing
SB 399 limits employers’ ability to require employees to attend employer-sponsored meetings that convey the employer’s opinions on religious matters, political matters or regarding labor organizations (known as captive audience meetings). Employers may not threaten employees with discharge or engage in discrimination or retaliation because the employee declines to attend or refuses to listen to any communications about the employer’s opinion about religious or political matters which includes labor organizations.