In a move that will directly impact workers across the nation, the current National Labor Relations Board (NLRB) in Amazon.com Services LLC, 373 NLRB No. 136, ended captive audience meetings. Captive audience meetings occur when an employer requires employees—under threat of discipline or discharge—to attend a meeting where the employer expresses its opposition to unionization.  The NLRB held these meetings violate Section 8(a)(1) of the National Labor Relations Act because they have a reasonable tendency to interfere with and coerce employees in the exercise of their Section 7 rights to freely decide whether, when, and how to participate in a debate concerning union representation, or refrain from doing so.

Under California AB 2499, employees can now take protected time off if they are a victim of a wide range of crimes. Prior to the passing of AB 2499, employers were prohibited from terminating, discriminating against, or retaliating against workers because of a worker’s status as a victim of crime or abuse. This included protection for the worker for taking time off to appear as a witness in court for such crime or abuse.

California enacted AB 2123 to prevent barriers that inhibited or deterred eligible recipients from applying for and receiving Paid Family Leave (“PFL”).

An administrative agency is a governmental body that creates and enforces rules and regulations for specific areas of law.  The National Labor Relations Board (NLRB), Environmental Protection Agency (EPA), Food and Drug Administration (FDA), Department of Homeland Security (DHS) and Occupational Safety and Health Administration (OSHA) are all examples of federal administrative agencies.  For over forty years, federal courts have deferred to administrative agency interpretations of the laws these agencies enforce.  This deference recognized that there can be multiple interpretations of the same statutory language and that the agencies are the experts in enforcing the laws within their jurisdictions.  This was called “Chevron deference” after the 1984 Supreme Court case Chevron U.S.A. Inc. v. Natural Resources Defense Council, Inc.

California passed AB 2319, which amends the California Dignity in Pregnancy and Childbirth Act (CDPCA) and aims to reduce the disproportionate maternal mortality rate of Black women and other pregnant persons of color.  The law further recognizes all birthing people, including nonbinary persons and transgender persons.

Last year, we covered a truly historic piece of a legislation: SB 525, California’s first-in-the-nation $25 minimum wage for healthcare workers. As a refresher, this law raised the minimum wage for over 400,000 workers who provide direct patient care or support services at large hospitals, dialysis clinics, community clinics, and various other healthcare institutions.

SB 963, signed into law by Governor Newsom this year, requires hospital emergency rooms to implement policies and procedures which encourage patients to identify themselves as victims of domestic violence or human trafficking. The goal of the bill is to encourage victims to participate in a prompt, voluntary, and confidential interview by medical personnel, after which the hospital can provide the patient with relevant resources, such as victims’ services.

AB 2975 enhances safety standards in California hospitals by mandating increased protections for health care workers and facility personnel. By March 1, 2027, hospitals are required to install automatic weapons detection devices at three locations: the main public entrance, the entrance to the emergency department and at the entrance to labor and delivery if it is separate. By prioritizing the well-being of healthcare workers through clear, enforceable standards, AB 2975 affirms the right of healthcare workers to a safe and secure workplace.

New law SB 1300 now requires California hospitals, 120 days prior to closing either supplemental inpatient psychiatric or maternity services, to provide public notice that includes specified information.

SB 988 establishes some minimum requirements for independent contracts that already apply to employees. Existing California law provides a 3-part test, commonly known as the “ABC” test, to determine if workers are employees or independent contractors. Independent contractors receive significantly fewer legal protections compared to workers who qualify as employees under California and federal law. Independent contractors broadly do not receive the protections of the California Labor Code, the Fair Labor Standards Act and other statutes, such as minimum wage, overtime, and other protections and minimum standards.

In June 2024, the California Legislature passed SB 92 and AB 2288, which make significant reforms to PAGA for the first time since it was enacted in 2004.  These reforms apply to cases filed on or after June 19, 2024.

AB 1815 amends the definition of race to remove the term “historically” from the CROWN (Creating a Respectful and Open World for Natural Hair) Act and Unruh Civil Rights Act. The bill also amends existing law to include braids, locs, and twists in the definition of “protective hairstyles.” Historically, Black people were restricted from wearing their locs, braids, and twists in the workplace, at school, in the military, and in sports leagues. Although the CROWN Act already addresses hair discrimination, this amendment will expand the hairstyles and textures that are protected. Changing these definitions makes employers change their policies on appearance and dress code and makes workplaces more inclusive.

Previous law created the California Reparations Task Force, and the State of California received recommendations from this Task Force to reconcile the atrocities that African Americans faced during and after slavery. AB 3089 now provides an apology on behalf of the entire State of California. Under this law, the Department of General Services and the Joint Rules Committee will install and maintain a plaque memorializing this apology. The plaque will be installed and maintained in the State Capitol Building.

Cal/OSHA regulates employee safety at places of employment. Historically, household domestic services were excluded from the definition of a “place of employment” and therefore Cal/OSHA’s jurisdiction. SB 1350 removes this exemption.

Under SB 1100, California employers are now prohibited from requiring a driver’s license in job advertisements, postings, applications, and similar employment material. There is an exception to this new law when the employer satisfies two conditions:

Existing law governs when a public entity must get an enforceable commitment that a contractor will use a skilled and trained workforce to complete a contract or project.  The current definition of a “skilled and trained workforce” means that at least 60% of the skilled journeypersons employed to perform work on the contract—by every contractor and each of its subcontractors at every tier—are graduates of an apprenticeship program for the applicable occupation, except for specified occupations.  The contractor, or other applicable entity, must currently provide the public entity a report on a monthly basis demonstrating its compliance with these requirements.

SB 949 expands access to lactation rooms at superior courts in California.

California requires incarcerated people to work, as directed by Department of Corrections and Rehabilitation rules.  The Legislature passed several bills related to prison labor in its recent session.

Under existing law, employers on public works projects must pay workers not less than the general prevailing rate of per diem wages as determined by the state Director of Industrial Relations. “Public works” includes construction, alteration, demolition, installation or repair work done under contract and paid for using public funds.

Governor Newsom signed AB 1810 into law, which expands access to menstrual hygiene products for incarcerated people. Previously, individuals incarcerated or confined in state prisons, local detention facilities, and state and local juvenile facilities had the right to access, be allowed to use, and continue to use materials necessary for personal hygiene with regard to their menstrual cycle and reproductive system, including, but not limited to, sanitary pads and tampons. However, that right was only upon request. AB 1810 establishes that those facilities must provide ready access to those menstrual products without individuals needing to affirmatively request them.