Q I’m a small business owner and there seem to be new employment laws that surprise me every year. What are the main updates I should be aware of heading into next year?

A California’s employment law landscape changes frequently and keeping up can be tough. New employment laws are normally drafted throughout the year and, if approved, are signed into law in the Fall. This year, Gov. Gavin Newsom signed hundreds of bills into law on a variety of issues, including the employment laws below. Unless specified otherwise, these new laws are effective Jan. 1:

1. Anti-discrimination: First, SB 1100 prohibits employers from listing a driver’s license as a preferred qualification in a job posting unless the employer both: “Reasonably expects” driving to be one of the job functions for the position; and “Reasonably believes” that using an alternative form of transportation would not be comparable in travel time or cost to the employer. Next, SB 1137 clarifies that California’s anti-discrimination laws prohibit discrimination not only based on individual protected characteristics, but also on any combination of two or more protected characteristics.

2. Leaves of absence: AB 2499 (applicable to employers with 25 or more employees) expands workplace protections for employees who are victims of crime or abuse. If applicable, employees may take leave in more situations, including to care for a family member who is a victim of a crime or abuse. This new law also clarifies that employees may use vacation of paid sick leave when using this leave. Another new law, SB 1105, clarifies that California’s paid sick leave law allows agricultural employees to use accrued paid sick leave to avoid smoke, heat or flooding conditions created by a local or state emergency.

3. Independent contractors: SB 988 creates the Freelance Worker Protection Act, which applies to agreements with freelance workers providing $250 or more worth of “professional services” to an employer. The Act requires that there be a written contract that includes certain information (e.g., names, dates, list of services and payment information). Additionally, payment must be made on the date specified in the contract or no later than 30 days after completion of services.

4. Employer speech: SB 399 prohibits an employers from requiring employee attendance at a “captive audience” meeting, which is defined as an employer-sponsored mandatory meeting that discusses religious or political matters, including union-representation discussions. The law also provides that an employee who is working at the time of the meeting and elects not to attend must continue to be paid while the meeting is being held.

5. Minimum wage: California’s minimum wage for all employers will increase to $16.50 per hour. And there’s more. The November 2024 ballot includes Proposition 32, which, if approved, will further increase the minimum wage as follows: Employers with 26 or more employees ($17 per hour for 2024 and $18 per hour beginning Jan. 1); employers with 25 of fewer employees ($17 per hour beginning Jan. 1 and $18 per hour in 2026). Employers must also determine if any local minimum wage ordinances apply. And remember, any increase to the state minimum wage triggers an increase in the minimum salary an employer may pay a salaried, exempt employee.

With these new laws going into effect soon, employers should review and update their policies, employee handbooks and training programs.

Marco Lucido is a lawyer with Fenton & Keller in Monterey. This column is intended to answer questions of general interest and should not be construed as legal advice. Email queries to email@fentonkeller.com.