California's Evolving Employment Law and Regulation Landscape

Overview

This episode examines the comprehensive legislative and regulatory changes in California employment law from the 2024 session, focusing on four key battlegrounds: AI regulation, worker classification, civil rights expansion, and enforcement mechanisms. The discussion covers over 57 specific employment bills plus 31 spot bills, emphasizing the need for proactive compliance in California's rapidly evolving legal landscape. Key topics include AB 2930's regulation of automated decision tools, Prop 22's impact on gig worker classification, expanded civil rights protections, and the continued growth of PAGA claims.

Learning Objectives

After completing this episode, participants will be able to:

1. Evaluate compliance requirements for AB 2930's regulation of automated decision tools including impact assessments
2. Analyze the implications of Prop 22 Supreme Court decision for gig worker classification and business models
3. Apply expanded civil rights protections under FEHA including intersectionality and victims of crime provisions
4. Assess PAGA litigation evolution including headless PAGA claims and arbitration workarounds
5. Implement climate reporting requirements under SB 253 and SB 261 including Scope 3 emissions
6. Navigate multi-employer work site responsibility including controlling employer liability
7. Design vendor contract requirements that meet CPPA prescriptive standards
8. Evaluate the impact of cure provision elimination and California's enforcement environment

Key Takeaways

1. AI regulation impact: Compliance cost, mandatory annual algorithmic audits, bias analysis required

1. Worker classification landscape: Prop 22 upheld, ABC test pressure, expanded liability for temp workers

1. Civil rights expansion: Jurisdictional shift to FEHA, intersectionality recognition, criminal history restrictions

1. PAGA litigation evolution: 85,936% increase in notices, headless PAGA claims bypass arbitration

1. Climate reporting mandates: Global reach, Scope 3 complexity, massive new compliance costs

1. Enforcement collaboration: CRD and DLSE partnering with local agencies, decentralized power

1. Cure provision elimination: Immediate penalties for most violations in California

1. Vendor contract requirements: Prescriptive requirements, specific business purposes, accountability chain

1. HR data exemption sunset: Brought millions of internal records under CPRA scope

1. Multi-employer responsibility: Controlling employer can be cited even without direct employee involvement