2023 is shaping up to be one of the most important years for workers’ rights since the Americans with Disabilities Act (ADA) was signed in 1990. Change is coming from all directions. Workers banding together to fight for their rights, the Supreme Court has made multiple beneficial, precedent-setting decisions, and legislators are proposing various laws that could improve labor conditions for decades to come.
California is once again leading the charge toward better conditions for all. State legislators have proposed five critical new bills that could improve working conditions and expand employee rights statewide, should they be approved. While these five bills still have a way to go before they become law, they demonstrate that California is moving in the right direction. Here’s what you should know about the prospective bills, how they would expand your current rights, and what you can do about employment rights violations.
1. Updates to Layoff Laws
The California Worker Adjustment and Retraining Act (WARN) has existed for years. However, a new bill could expand WARN requirements to give workers even more notice before losing jobs in a mass layoff.
Under current WARN laws, covered California employers must notify workers 60 days’ notice before closing a plant or laying off 50 or more workers in 30 days. They must also give this notice before requiring employees to relocate 100 or more miles. If they don’t, the workers may have a wrongful termination claim.
AB 1356 is the proposed law that would expand these requirements. Inspired by the mass layoffs in early 2023, it would extend the notice period for layoffs to 90 days. It would also require employers to notify contractors if they worked for the company for six of the previous twelve months. Broader notice requirements would grant workers of all classifications a better chance of finding work in their industry before losing work, reducing the impact of layoffs on employees, contractors, and the economy.
2. New Restrictions for Fast Food Franchises
California legislators have been scrutinizing the fast food industry for the past year. In 2022, Governor Newsom signed a new law into effect, creating the Fast Food Council, intended to provide more oversight for working conditions and pay in the industry. Now, AB 1228 is intended to crack down on a legal loophole that shields major fast food companies from employment liability.
Most fast food restaurants operate as franchises. Currently, a franchise location is considered an independent business where employment law violations are concerned. If a worker at a burger chain faces discrimination, they can sue the owner of that location, but the parent company is not liable. This restricts the damages a worker can recover since an individual site has far fewer resources than the national company.
AB 1228 would change this. The new law would make franchisees and franchisors jointly liable for labor violations, giving workers a greater chance of recovering damages for their mistreatment.
3. Workplace Violence Prevention Requirements
Violence in the workplace has become significantly more common over the past decades. SB 553 could hold employers accountable for protecting workers from violence and make them liable if they fail to do so.
The bill would require covered businesses to create a “workplace violence prevention plan” to protect employees and others from aggressive behavior. These plans would need to be implemented and maintained, and training provided to workers on how to follow them. If a company fails to design or maintain an appropriate plan and workers are hurt because of it, the company could be liable for their injuries.
4. Potential Anti-Discrimination Requirements for Cannabis
California has some of the broadest anti-discrimination laws in the country, and SB 700 could extend them even further. The state was one of the first in the nation to decriminalize recreational cannabis use, and in recent years it has taken additional steps to destigmatize its use as well. In 2022, it became illegal for employers to ask about a worker’s off-the-clock cannabis use, and SB 700 would go even further.
The bill is intended to protect workers who choose to use cannabis by barring employers from asking about previous usage. Currently, most employers cannot ask about a worker’s current use of the substance, and information about their current cannabis habits cannot be used to make employment decisions. However, questions about their past use remained permitted. If SB 700 is passed, this loophole would be closed. With a few limited exceptions, it would prevent employers from using an employee’s cannabis consumption while off the clock as grounds for discrimination.
5. Anti-Discrimination Requirements for Caste
Another anti-discrimination bill under consideration is SB 403, which would address caste discrimination. Currently, race, color, national origin, ancestry, and genetic information are considered protected characteristics. However, caste is not. This absence is a problem considering how many California residents come from countries where caste remains significant.
The bill would clarify that caste, defined as someone’s “perceived position in a social hierarchy on the basis of inherited status,” is specifically protected under the Fair Employment and Housing Act (FEHA) in California. Employers would not be permitted to discriminate against workers based on their caste or lack thereof.
Get Help for Workplace Discrimination and Employment Violations Today
While the laws above have not yet gone into effect, hundreds of laws already protect your rights at work. If you believe you’re facing discrimination or other rights violations at work, the Law Offices of Todd M. Friedman, P.C., can help.
Our experienced attorneys have spent years fighting for employees mistreated at work. We’ve won nearly a billion dollars for our clients to help right the wrongs they’ve experienced. We are prepared to fight just as hard for you. If you have questions about your rights, get in touch with our Los Angeles employment lawyers today. We’ll answer your questions and determine whether you have a strong case. Learn more about how we can help by scheduling your consultation right away.
