Silver Taube: Gov. Newsom signs bills to advance workers’ rights

Gov. Gavin Newsom has signed several labor and employment bills that advance workers’ rights.

Senate Bill 399 prohibits retaliation for declining to attend meetings on political or religious matters. The bill defines “political matters” to include “the decision to join or support any political party or political or labor organization” including captive audience meetings that oppose unionization.

Newsom also signed Assembly Bill 2499 that redefines workplace rights for victims of “qualifying acts of violence” and transfers enforcement from the Labor Commission to the California Civil Rights Department.

A qualifying act of violence is defined as domestic violence, sexual assault, stalking or any conduct that includes (i) bodily injury or death to another, (ii) brandishing, exhibiting or drawing a firearm or other dangerous weapon, or (iii) a perceived or actual threat to use force against another to cause physical injury or death even if there is no arrest, prosecution or conviction.

Employers are prohibited from retaliating against an employee who is — or has a family member who is — a victim of a qualifying act of violence, or for taking time off to serve on a jury, to appear in court to comply with a subpoena or court order, or obtain a restraining order.

If the employer has 25 or more employees, the employer must provide leave for an employee who is a victim of a qualifying act of violence to obtain a restraining order, medical attention or services from a domestic violence shelter; psychological counseling; relocate or secure a new residence or enroll children in a new school; care for a family member recovering from injuries; seek civil or criminal legal services; prepare or participate in or attend civil, administrative or criminal legal proceedings; or seek, obtain or provide child care or care to a care-dependent adult needed for their safety.

If the victim of the qualifying act of violence is the employee, the employer may limit the total leave time to 12 weeks. If the victim is a family member, generally the employer may limit leave time taken to assist in relocation purposes to five days and the total leave taken to 10 days — except that an employer may not limit the total leave time taken to fewer than 12 weeks if the victim is deceased as result of the qualifying act of violence. The leave will run concurrently with the Family and Medical Leave Act — or California’s version of it — if the employee is eligible, and the leave would be covered. Certification can include a statement by the employee. Workers or family members may also use paid sick leave as safe leave.

The governor also signed two laws that made significant changes to state disability leave and paid family leave. Under current law, employees cannot apply for state disability leave and paid family leave until they have gone out on leave for illness or caregiving. SB 1090 allows workers to apply for state disability leave benefits up to 30 days before their anticipated leave. AB 2123 eliminates the employer’s ability to require employees to use up to two weeks of vacation before they can apply for paid family leave benefits.

SB 951, which goes into effect on Jan. 1, 2025, allows lower-middle income workers to receive up to 90% of their normal wages from paid family leave and state disability leave while higher income workers will receive up to 70% of their regular wages up to a cap. Effective Jan. 1, 2024, SB 951 removed the taxable wage limit on contributions from high earning employees to pay for the increase.

These bills are the result of advocacy by labor unions and coalitions like the California Work & Family Coalition, and they will improve the lives of workers in California.

San José Spotlight columnist Ruth Silver Taube is supervising attorney of the Workers’ Rights Clinic at the Katharine & George Alexander Community Law Center, supervising attorney of the Santa Clara County’s Office of Labor Standards Enforcement Legal Advice Line and a member of Santa Clara County’s Fair Workplace Collaborative. Her columns appear every second Thursday of the month. Contact her at [email protected].