THIS coming year offers new legislation that are beneficial to working men and women in California.
Minimum wage increase
Effective January 1, 2024, the minimum wage in California will increase to $16 per hour applicable to all employers in the state. It should be noted, however, that cities and counties across California have their own wage laws that impose rates higher than the state or federal minimum wage. The City of Los Angeles for example has a minimum rate of $16.78 per hour, which became effective last July.
Other employees stand to benefit more next year at different start periods.
For instance, workers employed in a health care facility will get $23 per hour under SB 525, which is effective on June 1, 2024. The definition of covered employees is broad as to encompass a wide group of employees. Hence, the new law will benefit not only those who provide direct patient care such as nurses but also covers housekeeping staff, clerical and food service workers, guards, janitors, warehouse, and laundry workers. The minimum wage would increase yearly by $1 for the years 2025 and 2026 until it reaches $25 per hour.
Fast food workers, on the other hand, will receive an increase to $20 per hour beginning April 1, 2024. Under AB 1228, a fast food council is established that will operate for 5 years and determine future wage increases and working conditions.
Increase in paid sick leave benefits
Under SB 1616, employees will enjoy increased paid sick leave benefits from 24 hours or 3 days to not less than 40 hours or 5 days. Local ordinances or those passed by cities and counties cannot contradict the state paid sick leave law requirements. Here, the state law will prevail even if the local law provides greater benefits.
Leave for reproductive loss
Employees who suffer a reproductive loss event such as miscarriage, failed surrogacy, stillbirth, unsuccessful assisted reproduction such as artificial insemination or embryo transfer, or failed adoption are entitled to an unpaid time off for up to 5 days. This statute, SB 848, applies to those who work for employers with at least 5 employees. The employee entitled to the leave must have worked for the employer for at least 30 days at the time she made the request and would have been a parent had the loss not occurred.
More protection under whistleblower retaliation laws to employees asserting employment rights
Existing law provides protection to employee activities such as complaining of unpaid wages, initiating an action for discrimination or violation of employment laws, or acting as a witness in an employment proceeding. If an employee suffers an adverse employment like a termination or demotion, the employee concerned can seek to recover compensation or reinstatement, with a further right to recover attorneys’ fees in the event a lawsuit is filed.
Under SB 1497, there is created a rebuttable presumption of employer retaliation if an employee is terminated or disciplined within 90 days of engaging in a protected activity. Accordingly, employers then have the burden of producing evidence to overcome the presumption. This provision takes effect on January 1, 2024. Before the new law, employees have the burden of proof to establish that the employer engaged in retaliation against them.
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The opinions, beliefs and viewpoints expressed by the author do not necessarily reflect the opinions, beliefs and viewpoints of the Asian Journal, its management, editorial board and staff.
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The Law Offices of C. Joe Sayas, Jr. welcomes inquiries about this topic. All inquiries are confidential and at no cost. You can contact the office at (818) 291-0088 or visit www.joesayaslaw.com. [For more than 25 years, C. Joe Sayas, Jr., Esq. successfully recovered wages and other monetary damages for thousands of employees and consumers. He was named Top Labor & Employment Attorney in California by the Daily Journal, consistently selected as Super Lawyer by the Los Angeles Magazine, and is a past Presidential Awardee for Outstanding Filipino Overseas.]
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