Workers in California will gain rights and benefits when the new year starts January 1. Here’s what they should know about the changes taking effect in 2023.

You will learn more about what your job pays

We told you earlier this year about changes to the law that will empower California workers with more salary data in 2023.

SB 1162 requires California employers with 15 or more workers to provide a salary range on all job postings and requires companies with 100 or more employees in the state to annually report detailed salary information, such as median gender and racial pay gaps. Failure to make a report could result in a $100 fine per employee.

California’s Equal Pay Act prohibits employers from paying employees of differing sex, race or ethnicity less than others for performing “substantially similar work.” 

The governor’s office says California women lose $87 billion to the pay gap every year and a U.S. Census Bureau report says women earn 82.3 cents per every dollar earned by a man.

Your family and bereavement leave is changing

Your rights to family and bereavement leave are expanding under AB 1949 and AB 1041, which modify the California Family Rights Act and affect employers with five or more employees and any government workplace. 

AB 1041, which gives workers up to 12 weeks of family leave in a calendar year, extends the definition of a family member to include a “designated person,” which could mean an individual related by blood or whose association with the employee is the equivalent of a family relationship. AB 1949 expands bereavement leave to five days, which do not need to be taken in a row. 

Leave is not required to be paid, though employees can use accrued time off, like vacation or sick days.

You could be getting a raise

In July, the state’s department of finance announced the minimum wage will increase from $15 to $15.50 per hour for all employees. Under Labor Code section 1182.12(c), the state determines annually if the minimum wage should be adjusted for inflation. This year a 3.5% increase was determined.

You can’t be retaliated for leaving work in an emergency

SB 1044 protects workers from retaliation if they, in the event of an emergency, leave or refuse to report to work when they have a reasonable belief that the worksite is unsafe. 

The definition of an emergency condition in the bill excludes health pandemics, so COVID-19 levels or an employer’s coronavirus protocols can’t be used as a reason to stay home. Under the bill, emergency conditions are defined as:

• Conditions of disaster or extreme peril to the safety of persons or property at the workplace or worksite caused by natural forces or a criminal act (this could include an active shooter).
• An order to evacuate a workplace, a worksite, a worker’s home, or the school of a worker’s child due to natural disaster or a criminal act.

You might not see changes to fast food workplaces

AB 257 would likely improve conditions for fast food workers in the state but may not take effect Jan. 1.

The bill establishes a 10-member Fast Food Council that would enact minimum standards on wages, working hours, and other conditions related to the health, safety, and welfare of fast food workers.

But the National Restaurant Association and International Franchise Association has formed a coalition called Protect Neighborhood Restaurants opposing the law, especially a section in the bill that could increase the fast food minimum wage to $22 an hour. 

If a referendum moves forward, the law could be delayed. Referendum supporters need about 623,000 valid voter signatures to qualify for the 2024 ballot.

Keller Grover is here to help workers with their employment-related disputes. We can help you better understand your rights, protections and options. 

In more than 25 years litigating fraud and employment cases, we have recovered hundreds of millions of dollars for clients and class members. Contact us today for a free, confidential consultation.