AB 2288 and SB 92 – Private Attorneys General Act of 2004 (PAGA) AB 2288/SB 92 include more restrictive standing requirements for PAGA plaintiffs, a codified need for manageability of claims and a reformed penalty structure, among other provisions. Notable changes include reduced penalties for wage statement errors, default penalty limits and penalty reductions through compliance efforts. Limitations on penalty stacking and enhanced judicial oversight are also included in the amendments. AB 3234 – Social Compliance Audit AB 3234 requires an employer voluntarily subjecting itself to a “social compliance audit” relating to labor laws (regardless of whether the audit is to determine if the employer uses child labor) to post a report detailing the findings of its compliance with child labor laws on its website. A “social compliance audit” is a voluntary, nongovernmental inspection or assessment of employer operations/practices evaluating compliance with state/ federal labor laws. SB 988 – Freelance Worker Protection Act SB 988 mandates hiring parties pay Independent Contractors (IC) by the contract date or within 30 days of service completion if unspecified. It prohibits reducing agreed compensation, demanding extra services, or additional intellectual property rights for timely payment. A written contract, retained for at least four years, is required. The law prohibits discriminating against ICs who assert their rights and provides for injunctive relief, damages, fees and costs. More Than Just A Seed Company From growers through retailers, BASF I Nunhems offers partnerships and customer-oriented solutions for the entire vegetable value chain.
AB 2299 – Whistleblower Protections AB 2299 clarifies responsibilities of the Labor Commissioner include developing a model list of employee rights/responsibilities under existing whistleblower laws and codifies its duty to develop the model notice. Employers posting the model list will be AB 1870 requires employers to inform injured employees of their ability to consult an attorney to advise them of their rights and that attorney’s fees may be paid from an injured worker’s award. Look for an updated notice before January 1, 2025. AB 2123 – Paid Family Leave AB 2123 eliminates employer’s ability to require employees use earned and unused vacation before the employee’s initial receipt of EDD Paid Family Leave benefits during any 12-month period in which employees are eligible for benefits. considered compliant with notice requirements. AB 1870 – Workers’ Compensation Notice In light of these legislative changes, it is imperative for employers to thoroughly review their existing policies and procedures to ensure they are in full compliance with the new rules. Additionally, training managers and supervisors on these updates is crucial, as their understanding and adherence to the new laws will be instrumental in maintaining compliance. Proactive measures taken now will help mitigate risks and also reduce penalties under the new PAGA amendments.
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7 Western Grower & Shipper | www.wga.com January | February 2025
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