The California Legal Landscape in 2024: New Laws in Religious Accommodation, Paid Sick Leave, and Cannabis

In this episode, Jared and Brett navigate the latest updates in religious accommodation, gender dysphoria under the ADA, and the evolving definitions of sexual harassment. They delve into the significant legislative changes in California, including 30 new pieces of legislation that impact employer policies. Key topics include the implications of SB 700 on cannabis use in the hiring process, the challenges of non-compete agreements under California law AB 1076, and the intricacies of PAGA claims. This episode is a must-listen for employers seeking to stay informed and compliant in an ever-changing legal landscape.

 

Highlights:

• There are new religious accommodation updates that employers need to be aware of.

• If you deny someone an accommodation, you have to get ready to justify why you couldn’t accommodate the employee’s religion. 

• Is gender dysphoria a protected disability under the ADA? What do employers need to know?

• What is considered “sexual harassment”? It’s not just unwelcome physical advances.

• There are 30 new pieces of legislature in the state of California.

• It’s important to revisit your handbooks and your policies.

• When an employee has exhausted all the different types of leave available to them, they can still come back. You are not able to fire them.

• Let’s talk about SB 700, which prohibits employers from requesting information from job applicants relating to their prior cannabis use.

• What tests can employers use now in the hiring process?

• When you’re crafting your policies, you need to have specific language around marijuana use.

• The law is going to protect off-duty lawful use of marijuana.

• Law SB 428, employers will have an easier time getting a restraining order against a former employee in 2025.

• What do employers need to be aware of if an employee makes a safety-related complaint?

• You are marching uphill if you want to craft a creative non-compete or non-solicitation agreement under California law AB 1076.

• Employees can bring a (Private Attorneys General Act) PAGA claim to an employer and they cannot force it into arbitration.

• Independent contractors’ classifications are very difficult to prove in California and if you get it wrong, the penalties are going up.

• If you’re relying on criminal background checks to make hiring decisions, you’re going to have to be more thorough and incorporate more documentation into that process. 

• The minimum wage will be going up in California. There will be no grace period.

• There are some new decisions happening in the National Labor Relations Act (NLRA), which allows employees to communicate with people about concerns about their workplace.

• Can employees sign a confidentiality agreement?

• Jared and Brett do Q&A. Can employers pay out sick leave balance at the end of the year?

• Every employer is going to have to learn about marijuana law and their legal implications more than they thought they would. 

• If an employee is absent but they don’t want to take sick leave, what should employers be aware of?

• It’s best not to combine PTO and PSO policies. Keep them as separate as possible. 

 

Resources:

Suttonhague.com

Calnevalaw.com