Gavin Newsom take effect on Jan. 1, 2021. If mediation is requested, this bill would prohibit the employee from pursuing a civil action until the mediation is complete, and the statute of limitations would be tolled for the employee to bring a civil claim. The two exemptions would otherwise sunset at the end of 2020. In other words, an employer must provide an employee with written notice that sets forth the amount of paid sick leave available for use on either the employee’s itemized wage statement or in a separate writing provided on the designated pay date with the employee’s payment of wages. That's right; it's time to prepare for the new year, which means being aware of the latest labor and employment laws that are sure to impact your organization. The Labor Commissioner must represent the claimant in arbitration if the claimant is financially unable to afford counsel and if the commissioner determines, upon conclusion of an informal investigation, that the claim has merit. Per the Executive Order, Cal. Employers should keep abreast of their responsibilities, while workers — December 30, 2020 The California Labor Commissioner has published useful FAQs to assist employers. AB 1512 permits employers to require their unionized security officers to take on-duty rest breaks: i.e., to remain on the premises during rest breaks; remain on call during rest breaks; and carry and monitor a communication device during rest breaks. AB 1867 requires the DFEH to create a small employer family leave mediation pilot program which would authorize a small employer or the employee to request all parties to participate in mediation through the DFEH’s dispute resolution division. AB 685 (Chapter 84, Statutes of 2020) is a California law signed by Governor Gavin Newsom on September 17, 2020. AB 979 builds on SB 826, passed in 2018, which mandated that any publicly held corporation whose principal executive offices (according to the corporation’s SEC 10-K form) are in California place at least one female director on its board by December 31, 2019. Covered employers are required to provide COVID-19 Supplemental Paid Sick Leave until December 31, 2020, the same date that the FFCRA is set to expire. Employers also cannot force you to waive your right to the protections of California labor law. Small Employer Family Leave Mediation Pilot Program: The California Department of Fair Employment and Housing (DFEH) has, among other things, the power to investigate, mediate and prosecute complaints by employees or former employees under FEHA. The worker is customarily engaged in an independently established trade, occupation, or business of the same nature as the work performed. The bill also requires the Employment Development Department to provide DFEH, upon its request, as specified, with the names and addresses of all businesses with 100 or more employees and authorizes the DFEH to seek an order requiring non-reporting employers to comply with SB 973. By continuing to browse this website you accept the use of cookies. Employers must also report total hours worked by each employee within a given pay band during the reporting year. The law amends the Labor Code by adding Section 515.7, which states that an employee providing instruction for a course or laboratory at an independent institution of higher education, as defined by the Education Code, shall be classified as exempt under the professional exemption if the employee meets both a duties and salary test. If a security officer is not permitted to take an uninterrupted rest period of at least 10 minutes for every four hours worked or major fraction thereof, the security officer must be paid one additional hour of pay at their regular base hourly rate. Many expect lawsuits challenging new California labor laws. AB 1947 now affords them the ability to do so. It expands the scope of the exempted industries to include, among others, recording artists, songwriters, lyricists, licensed landscape architects, real estate appraisers, home inspectors, people who provide underwriting inspections and other services for the insurance industry, still photographers, photojournalists, videographers, photo editors, fine artists, freelance writers, translators, editors, content contributors, advisors, narrators, cartographers, producers, copy editors, illustrators, or newspaper cartoonists. The latest litigation trends, court decisions, & issues on California Employment Law. Specifically, under SB 826, by December 31, 2021, any California-based publicly held corporation with six or more directors must have at least three female directors on its board; if the number of directors is five, then at least two must be women; and if the number of directors is four or fewer, then the corporation must have at least one female director. The best way to reach me is here: jdebacker@mstpartners.com COVID-19 The laws, rules, regulations and standards about COVID-19 are a moving target. One Measure of Relief: COVID-19 Paid Sick Leave Requirements Expire This bill adds section 1720.8 to the Labor Code. To meet the salary test, the employee must be paid on a salary basis and receive a monthly salary equivalent to no less than two times the state minimum wage for employment in which the employee is employed for at least 40 hours per week. Uses substantially the same facilities or substantially the same workforce to offer substantially the same services as the predecessor employer. AB 685 – Local Health Department notice requirements. New California Employment Laws Effective Now and Coming January 1, 2021. . A number of new California employment laws will go into effect in January 2021. This program expires as of January 1, 2024. What are the primary revisions that should be made to keep up with the most recent employment laws? Under the new law, when a nonexempt employee covered by Section 226.7 of the Labor Code is affirmatively required to interrupt their rest period to address an emergency, the employer must authorize the employee to take another rest period reasonably promptly after the circumstances that led to the interruption have passed. This bill repeals Labor Code section 2750.3, adds section 2775 through 2787 to the Labor Code, and amends and adds several sections of the Revenue and Taxation Code. Pursuant to AB 2143, the “aggrieved person” must have filed the claim in good faith for the provision to apply. California Passes New Employment Laws for 2021. 0 comments California Employment Law Report Some of the regulations signed by Gov. California’s ever-changing employment laws will have employers scrambling to keep up in 2021! The new law also adds a section to the Labor Code which specifically provides that Cal/OSHA can shut down or prohibit operations at a worksite when, in the opinion of Cal/OSHA, a worksite or operation “exposes workers to the risk of infection” of COVID-19 so as to constitute an imminent hazard. new employment compliance issues. AB 2479 extends until January 1, 2026, the exemption from rest period requirements for specified employees who hold a safety-sensitive position at a petroleum facility, to the extent those employees are required to carry and monitor a communication device, such as a radio or pager, and to respond to emergencies, or are required to remain on their employer's premises to monitor the premises and respond to emergencies. [Client Alert] New California Employment Laws for 2021 Will Leave Their Mark December 23, 2020; VOSH and the Virginia Dept. This law: Requires employers to notify employees who may have been exposed to COVID-19 and to report workplace outbreaks to the local health department. AB1281, which amends Section 1798.145 of the Civil Code and was approved by Governor Newsom on September 29, 2020, extends the exemptions under the California Consumer Privacy Act (CCPA) for personal information collected and shared in the employment and business-to-business contexts through December 31, 2021, if the California Privacy Rights and Enforcement Act (CPRA) — which is on the November 3 ballot and contains the same extensions, but through 2022 — does not pass. Register for our webinar discussing the new employment facing California employers into 2021. and its 60-day notice requirement for an employer that orders a mass layoff, relocation or termination at a covered establishment. To meet the duties test, the employee must be primarily engaged in an occupation that is commonly recognized as a learned or artistic profession and must customarily and regularly exercise discretion and independent judgment about the performance of his/her duties. This bill adds Section 77.8 to the Labor Code and repeals Sections 3212.86, 3212.87, and 3212.88 of the Labor Code. Has substantially the same owners or managers that control the labor relations as the predecessor employer. This means that employers no longer have a “15-day window” to respond to the notice with evidence to support their defense before a citation can be issued. SB 973 requires California private employers with 100 or more employees to submit a pay data report to the Department of Fair Employment and Housing (DFEH) by no later than March 31, 2021, … It clarifies that a service provider that provides services through a referral agency may be properly classified as an independent contractor if the service provider satisfies 11 criteria which include: (1) the service provider is free from the control and direction of the referral agency both as a matter of contract and in fact; (2) if the work for the client is performed in a jurisdiction that requires the service provider to have a business license or business tax registration, or a professional license, permit, certification registration, the service provider must certify to the referral agency that they have the required documents; (3) the service provider provides its own tools and supplies to perform the services and the service provider sets their own hours and terms of work or negotiates their hours and terms of work directly with the client; (4) without deduction by the referral agency, the service provider sets their own rates, negotiates their rates with the client through the referral agency, negotiates rates directly with the client, or is free to accept or reject rates set by the client; (5) the service provider is customarily engaged, or was previously engaged, in an independently established business or trade of the same nature as, or related to, the work performed for the client and the service provider is free to accept or reject clients and contracts; and (6) the referral agency does not restrict the service provider from maintaining a clientele and the service provider is free to seek work elsewhere, including through a competing referral agency. An outbreak occurs when: (1) if the employer has 100 employees or fewer: four employees test positive for COVID-19 within 14 calendar days; (2) if the employer has more than 100 employees: 4 percent of the number of employees test positive for COVID-19 within 14 calendar days; or (3) the place of employment is ordered closed by public authorities due to a risk of infection with COVID-19. AB 2147 allows certain individuals with criminal convictions who have been released from custody and completed the California Conservation Camp program to have their convictions expunged. Operates a business in the same industry and the business has an owner, partner, officer or director who is an immediate family member of any owner, partner, officer or director of the predecessor employer. The new law also mandates that the EDD mail to eligible employers a claim packet for each participating employee within 5 business days following approval of the application, and make online claim forms available to the approved employer for each participating employee within five business days following approval of the application if the employer submitted its work-sharing plan application online. Copyright © var today = new Date(); var yyyy = today.getFullYear();document.write(yyyy + " "); JD Supra, LLC. Workers are entitled to numerous rights and protections under California labor law, and can recover large penalties if employers violate those rights. Effective January 1, 2021, California employers must report to their workforces instances in which employees may have been exposed to COVID-19 and to local public health departments any “outbreak” of three or more employees having COVID-19. AB 1731 creates an alternative, expedited process by which employers may apply to and participate in California's work-sharing program. This bill amends Section 1002.5 of the Code of Civil Procedure. Finally, for employers with 25 or more employees, AB 2992 prohibits the discharge of, or discrimination or retaliation against, employees who are victims and who need to take time off to seek medical attention for injuries caused by crime or abuse, obtain services from prescribed entities as a result of the crime or abuse, obtain psychological counseling or mental health services related to an experience of crime or abuse, or participate in safety planning and take other actions to increase safety from future crime or abuse. SB 1159 takes effect immediately (September 17, 2020) and expires on January 1, 2023. New California laws taking effect in 2021 ... 2021. This bill amends Section 226.75 of the Labor Code. Under SB 1383, the CFRA will be expanded to cover any employer with 5 or more employees. Posted in California Legislation Update. Handwashing Requirements: AB 1867 requires employees working in any food facility to be permitted to wash their hands every 30 minutes and additionally as needed. In addition, it eliminates the requirement that Cal/OSHA provide to the employer its notice of intent (1BY) to issue a “serious violation” citation for COVID-19 related hazards. Local minimum wages may be higher. More detail is available in the New California Employment Laws Effective Now and Coming January 1, 2021 white paper, available for CalChamber members on HRCalifornia. Employers who wished to participate in a work-sharing program were required to submit to the director a signed, written work-sharing plan application form that met specified requirements. SB 1159 codifies and supersedes Governor Newsom’s Executive Order N-62-20 (signed May 6, 2020), which created COVID-19 presumptions that an employee’s illness related to coronavirus is an occupational injury and therefore eligible for workers’ compensation benefits if specified criteria are met. It repeals Labor Code section 2750.3 which was enacted as a result of AB 5 and adds new sections 2775 through 2787 of the Labor Code. Under the new law, ff the employer is notified of a number of COVID-19 cases that meet the definition of a COVID-19 outbreak as defined by the State Department of Public Health, the employer has 48 hours to notify the local public health agency. SB 1159 creates a rebuttable presumption that an employee contracted COVID-19 at work if they have tested positive or is diagnosed with COVID-19 within 14 days after a day that the employee worked at the employee’s place of employment. Unless it was revised recently, it’s most likely outdated. SB 973 requires California private employers with 100 or more employees to submit a pay data report to the Department of Fair Employment and Housing (DFEH) by no later than March 31, 2021, and annually thereafter. This website uses cookies to improve user experience, track anonymous site usage, store authorization tokens and permit sharing on social media networks. California Employers Getting Hit Hard Again with New 2021 Employment and Labor Laws. In addition to existing certification requirements, this bill provides that employers are prohibited from taking action against employees when an unscheduled absence occurs if employees provide certification that they were receiving services for certain injuries, or if the documentation is from a victim advocate (as defined). 1. The law also places a retroactive reporting requirement on employers. Gavin Newsom aim to prevent COVID-19 exposure in the workplace. AB 2143 amends Code of Civil Procedure section 1002.5 to specify the circumstances under which an agreement to settle an employment dispute may include a provision that prohibits a settling party from working for the employer again (sometimes known as a “no-rehire” provision). AB 2399 will revise defined terms for paid family leave purposes and include a definition of “military member.”. September 30, 2020 is the deadline for Governor Newsom to sign into law all bills passed by the Legislature this year. The bill amends Section 301.3 of — and adds Sections 301.4 and 2115.6 to — the Corporations Code. Previously, employees were eligible for unemployment benefits if they worked less than their usual weekly hours as a result of the employer's participation in a work-sharing plan that met specified requirements and had been approved by the Director of Employment Development. Below are some of the significant changes related to COVID-19 that employers should look out for as we head into the new … Here is what we know as… AB 2992 expands existing provisions to apply to employees who are victims of a crime or abuse for taking time off from work to obtain or attempt to obtain relief which includes but is not limited to a temporary restraining order, restraining order or other injunctive relief to help ensure the health, safety, or welfare of the victim or their child. The effective date of each new law is indicated in the heading of the Assembly Bill (AB) or Senate Bill (SB).1. A “qualifying individual” is a person who: 1) has a laboratory-confirmed case of COVID-19; 2) has a positive COVID-19 diagnosis from a licensed health care provider; 3) has been ordered to isolate due to COVID-19; or 4) has died due to COVID-19. SB 1159 – Workers Comp Presumption – Covered Workers. This bill amends sections 6325 and 6432 of the Labor Code and adds section 6409.6 to the Labor Code. Labor Code Sections 1401(a), 1402 and 1403 (the key provisions of the CA WARN Act addressing required notice to employees) has been suspended to permit employers to act quickly in order to mitigate or prevent the spread of coronavirus, subject to satisfaction of certain conditions. The worker performs work outside the usual course of the hiring entity’s business. As noted in our prior alert, the bill authorizes DFEH to oversee the collection of pay data and to share information of alleged pay discrimination with the agency responsible for enforcing the California Equal Pay Act, the Division of Labor Standards Enforcement (DLSE), to coordinate enforcement. AB 2017 provides that when an employee takes sick leave to attend to the illness of a family member, the designation of sick leave is at the sole discretion of the employee. This reporting requirement applies regardless of whether you believe the employee contracted COVID-19 at work. Upon completion of the documents in the claim packet, the EDD must establish an unemployment insurance claim pursuant to applicable requirements. Finally, should the employee be on a COVID-19 Supplemental Paid Sick Leave while the law expires, the employee is allowed to finish taking the amount of leave. Under this new law, employers (with five or more employees) must report certain information to their workers’ compensation carrier once they know or reasonably should know an employee has tested positive for COVID-19, assuming the employee has been onsite at an employer’s location in the 14 days prior to the employee testing positive (which is the day the employee took the test, not when the employee received the results). Finally, when employed under a collective bargaining agreement (CBA), the faculty member must be paid pursuant to that CBA if the classification of employment in a professional capacity is expressly included in the CBA in clear and unambiguous terms. According to California’s Labor Commissioner’s Office, a minimum wage increment/increase … October 15, 2020 | From HRCalifornia Extra by James W. Ward, J.D. Finally, employers should make sure that they are in compliance with state and local minimum wage laws. The main change for 2021 is the extension of the California Family Rights Act (CFRA). In addition, while existing law has an exception to the ban on “no-rehire” provisions if the employer has made a good-faith determination that the “aggrieved person” engaged in sexual harassment or sexual assault, AB 2143 requires the determination of sexual assault or harassment to be documented by the employer before the “aggrieved person” filed the claim. AB 685 requires employers to notify workers of potential exposure to COVID-19 and SB 1159 creates a presumption that a covered worker who contracted COVID-19 contracted the virus at work and it is work related illness for workers compensation purposes. Related to AB 2257 is AB 323 which, among other things, expands the exemption applicable to newspaper carriers by deleting the condition that a newspaper carrier work under contract either with a newspaper publisher or newspaper distributor. AB 1947 extends the period of time for employees who believe that they have been discharged or otherwise discriminated against in violation of any law enforced by the Labor Commissioner to file a complaint with the Division of Labor Standards Enforcement from six months to one year. AB 979 requires, no later than December 31, 2021, any publicly held domestic or foreign corporation whose principal executive office is located in California to have a minimum of one director from an underrepresented community, and, by December 31, 2022 calendar year, any California-based publicly held corporation with more than four but fewer than nine directors to have a minimum of two directors from underrepresented communities, and such a corporation with nine or more directors to have a minimum of three directors from underrepresented communities. Within 48 hours of learning of the outbreak, employers must notify the local public health agency in the jurisdiction of the worksite of the names, number, occupation and worksite of qualifying individuals, as well as the employer's business address and NAICS code of the worksite where the qualifying individuals worked. Employers can be fined up to $10,000 for failing to report the required information or providing false or misleading information. Safely Navigate the Shifting Sands of California’s 2021 Employment Legal Landscape. Paid Family Leave will include time off for participation in a qualifying exigency related to the active duty or call to active duty of an individual’s spouse, domestic partner, child or parent in the Armed Forces of the United States. What qualifies as an outbreak depends on the size of the employer. This bill amends sections 3302 and 3307 of the Unemployment Insurance Code. CalChamber employment law experts will cover the new employment laws for 2021 in more detail in the October 15 issue of our HRCalifornia Extra newsletter (subscribe to HRCalifornia Extra) and in our annual new laws whitepaper (coming in November). This Friday’s Five is a quick overview of about AB 685 and SB 1159, and information about my firm’s webinar reviewing key California employment laws signed by the Governor (and other employment law updates). Provide written notice to the exclusive representative (union), if any, of the employees above. This bill amends Sections 230 and 230.1 of the Labor Code. A guide to the new California labor laws in 2021 The new year brings new legislation across the US, and this includes California labor laws. This bill also creates a new rebuttable presumption — which relates back to cases of workers’ compensation coverage if there was a COVID-19 “outbreak” at the employee’s place of employment. Modeled after the federal EEO-1 Component 2 collection form, the state pay data report requires employers to collect aggregate W-2 earnings and report the number of employees in each of the 12 pay bands (spanning from $19,239 and under to $208,000 and over) for the 10 broad job categories (executive or senior-level officials and managers; first or mid-level officials and managers; professionals; technicians; sales workers; administrative support workers; craft workers; operatives; laborers and helpers; and service workers), classified by race, sex and ethnicity. SB 1384 adds two new subparts to Section 98.4, which provide that: This bill amends Section 98.4 of the Labor Code. In addition, for work-sharing plan applications submitted by eligible employers between September 15, 2020 and September 1, 2023, the new law requires that, upon approval by the director, they be deemed approved for one year unless a shorter plan is requested by the employer and approved by the director. The California Labor Commissioner has clarified that being subject to the State of California’s “general stay-at-home order” does not mean that the employee is subject to a Federal, State, or local quarantine or isolation order related to COVID-19. Numerous labor and employment laws passed by the California Legislature and signed into law by Gov. Employs as a managing agent any person who directly controlled the wages, hours or working conditions of the affected workforce of the predecessor employer (the term managing agent has the same meaning as in subdivision (b) of Section 3294 of the Civil Code). This exemption is extended to January 1, 2022. AB 1731 requires the director to accept an application to participate in, or renew participation in, the work-sharing program that is submitted electronically and requires the Employment Development Department (EDD) to create a portal on its internet website for the provision and receipt of such applications. The employment law attorneys at Schneiders & Associates are prepared to help! Any company that doesn’t comply with these requirements will face significant financial penalties consistent with the penalties previously implemented under SB826, including a $100,000 penalty for failing to timely file board member information with the Secretary of State pursuant to to-be-adopted regulations; a $100,000 penalty for the first violation of the new law; and a $300,000 penalty for the second and any subsequent violation. This bill repeals sections 12954.6 and 12945.2 of the Government Code and instead implements a new CFRA under section 12945.2. of Health Adopt Big Changes to Employers’ COVID-19 Requirements December 15, 2020 [FAQs] Lessons Learned from the Roll-out of Virginia OSHA’s New COVID-19 Standard December 15, 2020 SB 1383’s expansion of California Family Leave Rights Act (CFRA) leave to employers with 5 or more employees, effective January 1, 2021, and SB 973’s requirement for employers to report pay data to the state of California starting in March 2021. And repeals Sections 12954.6 and 12945.2 of the hiring entity ’ new employment laws california 2021 Day 2021, California laws. Which the ABC test does not apply established several exemptions for which the ABC test not. 736 expands the professional exemption under Industrial wage Commission ( IWC ) wage Order.. 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