July: SHRM of Tulare/Kings County
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Attention Employers:
Summer is quickly approaching and as I've been watching the legislature's process of evaluating new potential laws for 2025, it's getting hot there too!
For tracking purposes, here are the top 5 bills that - if passed - would have the most significant impact on employers in California:
1. Right to Disconnect (AB 2751)
Echoing legislation recently adopted in several European countries (e.g, France, Spain and Italy), this bill would require employers to establish a workplace policy providing employees “the right to disconnect” from employer communications during non-working hours. Under proposed new Labor Code section 1198.2, this would mean that except for communications about “scheduling” or an “emergency,” the employee would have the right to ignore communications from the employer during non-working hours. The employer and employee would be required to establish by written agreement the “non-working hours,” defined as the hours before and after an employee’s assigned hours of work, whether stated in their job description or stated otherwise.
2. Regulation of AI (AB 2930)
This bill is a part of recent trend reflecting increased concern regarding the use of artificial intelligence (AI) and Automated Decision Tools (ADTs) in ways that may discriminate against workers. It is nearly identical to AB 331, which was introduced in 2023 and passed several Assembly committees on party-line votes before stalling in the Appropriations Committee. The bill would create a new chapter in the Business and Professions Code to regulate ADTs and impose requirements on both the users of such tools and the developers of such tools. While employers who use ADTs are covered by this bill, the scope of the proposed new law is not limited to the employment context. California employers thus may also need to consider possible impacts of this bill on their use of ADTs with respect to consumers and other members of the public in addition to their employees.
3. Changes and Expansion to Prohibition on Discrimination re: Time off for Victims of Crime and Violence (AB 2499)
Presently, the Labor Code prohibits employers from discharging or discriminating against employees for taking time off to serve on a jury, to appear in court if the employee is a victim of a crime, or to obtain certain victim relief; and prohibit discrimination because an employee is a victim of a crime or abuse. Existing law also requires employers to provide reasonable accommodations to certain victims and imposes additional requirements on employers with 25 or more employees, prohibiting them from discharging or discriminating against victims who take time off to seek medical attention or obtain services related to crime or abuse. This bill would essentially repeal Labor Code Sections 230 and 230.1 and recast these rules as unlawful employment practices within the California Fair Employment and Housing Act (FEHA) at new Government Code section 12945.8, which would make violations of these rules a violation of FEHA, and place enforcement in the jurisdiction of the Civil Rights Division (rather than the Division of Labor Standards Enforcement) thus changing the procedures and remedies available for a violation.
4. Additional Criminal History Protections for Job Applicants (SB 1345)
This bill would amend the FEHA to make it an unlawful employment practice for an employer to take an adverse action against an applicant based upon criminal history information (i.e., prior arrest, charge or conviction information) unless the employer can demonstrate both of the following: (1) the applicant’s criminal history has a direct and adverse relationship with one or more specific duties of the job; and (2) the employer’s “business necessity” requires the adverse action. It would also preclude employers from requiring, as a condition of employment, that an applicant waive their right to privacy in criminal history information or otherwise provide a release to obtain an applicant’s criminal history information under a state or federal law (including for obtaining investigative consumer reports), unless the employer can demonstrate “business necessity.”
5. Eliminate Authorization to Require Employees to Use Vacation Before Paid Family Leave (AB 2123)
Existing law authorizes an employer to require an employee to take up to two weeks of earned but unused vacation before, and as a condition of, the employee’s initial receipt of family temporary disability insurance benefits during any twelve-month period in which the employee is eligible for these benefits. This bill would eliminate the authorization and related provisions of the existing law.
As the legislative session progresses, I'm sure there will be twists and turns on these and other pending bills. We hope that you will join us on June 20th for our Mid-Year Legal Update luncheon for further coverage of these pending new laws and other legal developments that will affect California employers in the coming year.
Article by: Faith Lisle Driscoll
Legislative Director, SHRM Tulare Kings County
About SHRM of Tulare Kings County-
SHRM of Tulare/Kings County was initially developed more than two decades ago under the name of Tulare-Kings Personnel Association. The association was formed to serve the professional, educational and networking needs of Human Resource Professionals in the Tulare and Kings County areas. In the early 2000’s the association decided a name change was in order and became SHRM of Tulare/Kings County. The purpose of the Chapter is to provide:
A local forum for Human Resource Professional’s personal and professional development
Opportunities for members to develop leadership, managerial, public speaking and group decision making skills
A local networking arena for Human Resource and affiliated Business Professionals
A focus for legislative attention regarding local, state and national human resource management issues
For more information on monthly meetings and membership, please visit our website at: www.shrmtularekings.org
