New California Employment Laws for 2023
Beginning January 1, 2023, several new employment laws will be implemented throughout California. From state and local minimum wage increases — which impact both non-exempt and overtime-exempt employees — to workplace protections, these new laws are designed to benefit employees across the state.
The California Minimum Wage Requirement is Consolidating and Increasing
California currently operates under a two-tiered minimum wage system where employers with 25 or more employees pay a higher minimum wage than those with fewer than 25 employees.
Beginning on January 1, 2023, all California employers, regardless of size, must provide their employees with a minimum wage of not less than $15.50 per hour.
Select California cities will also raise the minimum wage for non-exempt employees working within city limits, including those who are employed in:
Jurisdiction Minimum Wage Rate
Daly City $16.07/hour
East Palo Alto $16.50/hour
El Cerrito $17.35/hour
Foster City $16.50/hour
Half Moon Bay $16.45/hour
Hayward $16.34/hour (26 or more employees)
$15.50/hour (1-25 employees)
Los Altos $17.20/hour
Menlo Park $16.20/hour
Mountain View $18.15/hour
Novato $16.32/hour (100 or more employees, including people employed outside the city)
$16.07/hour (26-99 employees)
$15.53/hour (1-25 employees)
Palo Alto $17.25/hour
Redwood City $17.00/hour
San Carlos $16.32/hour
San Diego $16.30/hour
South San Francisco $16.70/hour
San Jose $17.00/hour
San Mateo $16.75/hour
Santa Clara $17.20/hour
Santa Rosa $17.06/hour
Sonoma $17.00/hour (26 or more employees, including those working outside the city)
$16.00/hour (1-25 employees)
West Hollywood $17.50/hour (50 or more employees)
$17/hour (1-49 employees)
Another major change is that overtime-exempt employees who work in the listed cities are to be paid the California state minimum annual salary of $64,480.
New Medical and Sick Leave Employment Law Expands the Definition of “Family Member”
Under the existing law, qualifying California employees are awarded up to 12 work weeks of unpaid family and medical leave to care for a loved one in any 12 months.
Current family members for whom the employee may take leave include:
- Domestic partners
California Assembly Bill 1041 expands the definition of family to include a “designated person” for purposes of protected medical leave.
A “designated person” is defined as “any individual related by blood or whose association with the employee is the equivalent of a family relationship.” An employee may identify his or her designated person at the time of requesting protected leave but must also know the employer may limit an employee to one designated person per 12-month period.
Mandated Bereavement Leave for Employees Who Have Lost a Loved One
California Assembly Bill 1949 provides employees with protected bereavement leave after they have lost a loved one.
AB1948 allows eligible employees to request up to five days of bereavement leave upon the death of a qualifying family member, which includes:
- Domestic partners
The employer may not require that the five days be used consecutively, but they must be used within three months of the person’s death.
Although the bereavement leave is unpaid, the employer must allow the employee to use any accrued and unused paid vacation, personal leave, sick leave, or other paid time off during this time, if they choose to do so.
Contact the Leichter Law Firm, APC Employment Law Attorney in Los Angeles
If you believe your employment rights are being violated by your employer, contact Aryeh Leichter, the Leichter Law Firm, APC founder and employment law attorney in Los Angeles County today to discuss the legal remedies that may be available for your unique workplace circumstances today, starting with a free consultation by calling 818-915-6624 or contacting the firm online.