California Publishes Revised Labor Law Notices; Updated EEOC and FLSA Workplace Posters

California Publishes Revised Labor Law Notices; Updated EEOC and FLSA Workplace Posters

State Update Overview

In January 2024, the California Civil Rights Department published a revised Discrimination & Harassment poster specifically noting new bereavement leave entitlement.

California Workplace Discrimination & Harassment Labor Law Update

• Up to 5 days of job-protected bereavement leave within three months of the death of a family member
• Reworded to provide clarification about various aspects of discrimination and harassment laws

In January 2024, the California Division of Labor Standards Enforcement amended the Healthy Workplaces/Healthy Families Act to allow more paid sick leave to be accrued and more paid sick days to be used.

California Paid Sick Leave Law Update

• Increased maximum paid sick leave to 80 hours or 10 days
• Employers may limit the use of paid sick days to 40 hours or five days, whichever is greater, in each year of employment
• Several sections of the notice have been reworded with more clarification regarding the use and accrual of paid sick leave

December 2023, the California Department of Industrial Relations announced a minimum wage increase effective January 1, 2024.

California Minimum Wage Law

• Minimum wage increases to $16.00 per hour effective January 1, 2024

Wage and Hour Exemptions

Employees may be exempt from wage and hour laws based on criteria associated with their salary, actual duties, and skills. Exempt employees neither receive overtime pay nor qualify for minimum wage. California labor law defines these exemptions based on Executive, Administrative, or Professional status. Learn more here.

Effective June 27, 2023, the new Pregnant Workers Fairness Act (PWFA) requires covered employers to provide reasonable accommodations to a worker’s known limitations related to pregnancy, childbirth, or related medical conditions, unless the accommodation will cause the employer an undue hardship. The federal Equal Employment Opportunity Commission (EEOC) has updated its “Know Your Rights: Workplace Discrimination is Illegal” Poster to summarize the new law.

EEOC “Know Your Rights: Workplace Discrimination is Illegal” Poster Updates

• Illegal employment discrimination on the bases of sex includes childbirth.
• Illegal employment discrimination includes interference, coercion, or threats related to exercising rights regarding disability discrimination or pregnancy accommodation.
• Failure to provide reasonable accommodations for pregnancy, childbirth, or related medical condition can be considered discriminatory.
• Discriminatory employment practice can include conduct that coerces, intimidates, threatens, or interferes with someone exercising their rights, or someone assisting or encouraging someone else to exercise rights, regarding disability discrimination (including accommodation) or pregnancy accommodation.

Effective April 28, 2023, the Provide Urgent Maternal Protections for Nursing Mothers Act (PUMP) extends the right to receive break time to pump and a private place to pump at work to more nursing employees.  The federal Department of Labor (DOL) revised its “Employee Rights Under the Fair Labor Standards Act” poster to include changes from the new law.

DOL “Employee Rights Under the Fair Labor Standards Act” Poster Updates

• The section titled Nursing Mothers has been changed to Pump at Work.
• The right to break time to express breast milk previously only applied to employees subject to the overtime requirement under the FLSA (non-exempt employees). This reference has been removed.
• The revised poster clearly notes that narrow exemptions may apply to the pump at work requirements.

California Labor Law Poster Update

All businesses within the State of California must display the new “California Law Prohibits Workplace Discrimination & Harassment”, “California Paid Sick Leave”, “Minimum Wage”, “Know Your Rights: Workplace Discrimination is Illegal”, and “Employee Rights Under the Fair Labor Standards Act” posters along with other state-mandated posting requirements where they are sufficiently accessible and viewable to all employees. These changes have been reflected in our California & Federal Labor Law Poster and require an immediate mandatory update. Failure to meet compliance requirements and display the updated poster could result in fines.

Order the California & Federal Labor Law Poster to immediately include these required updates.