In a recent presentation at the SHRM Northern California 2024 Annual Conference, Weintraub shareholder Ryan Abernethy outlined significant updates in California employment law for employers to be aware of. The session addressed employment-related legal updates that recently took effect, including workplace violence prevention requirements, new indoor heat exposure regulations, and expansions in harassment and retaliation laws, as well as pending legislation that could have a crucial impact on employers. Recent changes to the Private Attorney General Act (PAGA) are not addressed herein but can be found here in one of our episodes of California Employment News.
Recent Legal Updates
Workplace Violence Prevention Plans
California has enacted Senate Bill 553 to address violence in the workplace. This law mandates that most employers implement a Workplace Violence Prevention Plan (WVPP) by July 1, 2024. The WVPP must be comprehensive, documenting procedures to identify hazards, report incidents, and respond effectively to emergencies. The law categorizes workplace violence into four types:
- Type 1: Violence from a third-party with no legitimate reason to be at the workplace.
- Type 2: Violence from a third-party with a legitimate reason (e.g., customers).
- Type 3: Violence between employees.
- Type 4: Violence from someone with a personal relationship with an employee.
Employers are required to maintain records for up to five years and to train employees on the WVPP upon implementation and annually thereafter.
Failing to adhere to these regulations could result in consequences for non-compliance, including citations, civil penalties, and increased safety risks for employees. However, certain employers, such as healthcare facilities and small businesses with fewer than ten employees in publicly inaccessible locations, are exempt.
New Cal OSHA Indoor Heat Exposure Regulations
Beginning June 20, 2024, new regulations under Cal OSHA address heat-related illnesses in indoor workplaces, setting a threshold of 82 degrees Fahrenheit. Effected employers must provide access to fresh drinking water, designated cool-down areas, and personal heat protective equipment if temperatures exceed established limits.
Additionally, employers must monitor employee health during heat waves and maintain records of temperature and heat index measurements for 12 months. Training on heat illness prevention is mandatory for all employees and supervisors exposed to heat risks.
Training Requirements
- Heat illness training is required for all employees and supervisors who may be exposed to the risk of heat illness.
- Must be administered before employee begins work in an environment subject to heat illness risk.
- Training differs between employees and their supervisors.
Exceptions
- Workplaces without indoor temps measuring 82 degrees or more when employees are present.
- Remote workplaces outside employer’s control (e.g. home, library, coffee shop, etc.).
- Where heat exposure up to 95 degrees is for less than 15 minutes in any 60-minute period (e.g. briefly in hot vehicle or shipping container).
Expanded Definitions of Harassment and Retaliation
A landmark ruling by the California Supreme Court in Bailey v. San Francisco District Attorney’s Office has redefined workplace harassment standards. The Court determined that even a single use of a racial slur by a non-supervisorial co-worker can constitute a hostile work environment, reversing earlier lower court decisions. The Court also held that seemingly insignificant acts of the employer, if continued over a period of time, can constitute unlawful retaliation. This case highlights the importance of evaluating the “totality of circumstances” surrounding incidents of alleged harassment, particularly how informal relationships within the workplace can impact the dynamics of power and accountability.
New Legislation
Governor Newsom signed several bills into law which will affect California’s employment landscape:
- SB 399: Prohibits employers from holding captive audience meetings about religious or political matters (including the topic of labor organization), and retaliating against employees who choose not to participate.
- SB 988: Creates labor protections for independent (freelance) contractors making $250 or more.
- SB 1100: Prohibits employment advertisements from requiring a driver’s license unless driving is necessary for job functions.
- AB 2754: Would extend liability for employers who contract for services with port motor carriers without ensuring sufficient funds for compliance with labor laws.
- AB 2975: Mandates hospitals to implement weapon detection screening policies to enhance safety.
These bills were not signed into law, but could re-emerge in a different configuration in a future legislative session.
- SB 1446: Aims to regulate the use of self-service checkout systems in grocery stores, requiring the presence of at least one staffed manual checkout station.
- AB 2499: Expands provisions for employees taking time off under the CFRA and FMLA due to victimization by certain crimes.
Conclusion
These legal updates underscore the importance of proactive compliance and awareness in California’s evolving employment law landscape. Employers must stay informed about new regulations and court rulings to mitigate risks and foster safe, equitable workplaces.
As always, specific employment-related questions should be addressed with legal professionals who can provide tailored advice based on individual circumstances.
