Top Ten Reminders for 2024

It is hard to believe that 2023 is already coming to an end. Since we know a lot of our clients are currently neck-deep in open enrollment, we want to take this opportunity to set you up for success in the new year with our top ten reminders for 2024.

 

1.) On January 1, minimum wage increases for the state of California to $16.00 hour, raising the minimum salary for an exempt employee to $66,560. Please keep in mind that higher rates will apply in some situations:

    • local ordinances that have enacted their own minimum wage rates;
    • for certain healthcare workers in alignment with the schedule detailed in SB 525; and,
    • for employers who fall under the new fast-food bill AB 1228.

2.) Employers are required to provide eligible employees with an additional two days of paid sick leave each year. Although there are different methods for providing paid sick leave (e.g., frontload vs. accrual), employers who elect to change methods in the new year should seek expert advice in order to ensure they do so correctly, or else risk costly paystub violations.

3.) Employers are required to provide eligible employees with up to five days of unpaid reproductive loss leave following a reproductive loss event. This is a separate leave requirement from California’s mandated bereavement leave and CFRA and there is no provision under this law explicitly permitting an employer to request supporting documentation.

4.) Employers with at least one employee who do not offer retirement plan savings options to their employees are required to automatically enroll employees in the CalSavers Retirement Savings Program. Employees can choose to opt out of participating but must do so on the CalSavers website.

5.) Employers with 15 or more employees are required to adhere to the new federal Pregnant Workers Fairness Act. Although we are still waiting on the final rulemaking and proposed regulations expected from the Equal Employment Opportunity Commission (expected December 29, 2023), if it is finalized as currently written, the new federal law more broadly defines conditions that may need to be considered for a workplace accommodation and the sorts of modifications that must be implemented without certification from the employee’s medical provider.

6.) USCIS has updated the Form I-9 and greatly shortened the instructions on what is necessary for its completion, including the permissible omission of “n/a” in every blank spot (Yay)! Employers should have implemented the new form no later than November 1, 2023.

7.) You can locate the updated 2024 W-4 here.

8.) Employers are required to provide every nonexempt employee with notice at the time of hiring that includes information about paydays, workers’ compensation insurance, paid sick leave, etc. To remain in compliance in 2024, employers will need to immediately update these forms to reflect the change to paid sick leave for new hires. This year, employers are also required to:

    • by March 15, 2024, include specific information for farmworkers operating under H-2A visas. The Labor Commissioner is expected to prepare a compliant notice by that date; and,
    • provide the existence of any federal or state emergency disaster declaration issued applicable to the county or counties where the employee will be employed that was issued within 30 days before the employee’s first day of employment, that may affect their health.

9.) In addition to the annually required Earned Income Tax Notice (EITC) employers are required to provide to employees this year, employers have expanded requirements to also notify employees that they may be eligible for Voluntary Income Tax Assistance (VITA), CalFile, and state and federal antipoverty tax credit programs (including both federal and state EITCs. This notice must be provided within one week of providing W-2s by either 1) handing the notice directly to the employee, or 2) emailing the notice to the employee if the employee has affirmatively opted in to receiving electronic notifications. Employers are also required to send a second notice in March.

10.) Employers are required to develop a Workplace Violence and Prevention Program no later than July 1, 2024, that includes hazard identification and correction, detailed record-keeping requirements, and effective employee training. Holden offers support with both parts to the program: the documented plan and the training. Please don’t hesitate to reach out to us, should you like our assistance.

 

In addition to the requirements, we strongly recommend that:

  • Employers review their recruitment and onboarding processes to ensure alignment with the myriad of recent laws related to cannabis usage, criminal history, and equal pay rights.
  • Review, update, republish, and distribute their Employee Handbook for employees to review and sign off on to ensure both employee and employers understand the commitments within the handbook.
  • Ensure you are utilizing the most recently updated versions of all required pamphlets provided.

 

Our team wants to wish you a happy, healthy, and prosperous new year! Please let us know how we can help you achieve your success!