and within 7 days of any changes to the terms of employment. AB 636, among other things, adds a new requirement that the notice provide information on “the existence of a federal or state emergency or disaster declaration applicable to the county or counties where the employee is to be employed, and that was issued within 30 days before the employee’s first day of employment, that may affect their health and safety during their employment.” California published an updated Wage Theft Prevention Notice to address the amendments. Reproductive Loss Leave. Employers of 5 or more employees must provide up to 5 days of protected leave to an employee if the employee has (1) worked for the employer for at least 30 days and (2) suffered a reproductive loss event, which is a failed adoption, failed surrogacy, miscarriage, stillbirth, or an unsuccessful assisted reproduction. The five days of protected leave can be taken intermittently but should be taken within three months of the event. If an employee experiences more than one reproductive loss event within a 12-month period, the employer is obligated to provide up to 20 days within a 12-month period. This is unpaid leave, but employees can elect to use vacation or sick leave. Non-Compete Agreements. California has a long history of preventing restrictions on postemployment competition and solicitation. In 2024, new statutes were added that void such agreements, and require notice of prior agreements being void. This blanket ban applies “regardless of whether the contract was signed and the employment was maintained outside of California.” Employees have a private right of action to enforce the law and can obtain injunctive relief, actual damages and an award of attorneys’ fees if they prevail. AB 1076, a companion bill, requires employers to notify current and former employees (employed after Jan. 1, 2022) in writing by Feb. 14, 2024, that any noncompetition screening found non-psychoactive cannabis metabolites. Building and construction trades are exempt from this law. Employers need to update their hiring procedures, as the law precludes employers requesting prior use of cannabis or reviewing the same in a criminal history unless the employer is permitted to consider or inquire about that information under state or federal law for the specific position. Employers are still allowed to have drug-free workplace policies, and employers may still use scientifically valid drug tests conducted through methods that screen for current impairment. Nothing in the laws permit employees to possess, be impaired by or use cannabis on the job, even for medicinal purposes. Labor Code 2810.5 Notice (Wage Theft Prevention Notice). California Labor Code section 2810.5 requires employers to provide written notice to employees about employers name, rates of pay workers compensation, and sick leave and is required for all hourly employees upon hire WWW.LAWYER-MONTHLY.COM 61 Nothing in the laws permit employees to possess, be impaired by or use cannabis on the job, even for medicinal purposes.
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