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. The term "managing agent" has the same meaning as in subdivision (b) of Section 3294 of the Civil Code. New California Employment Laws Effective in 2020 and 2021. This is essentially a state level version of the federal Employer Information Report (EEO-1) and will serve to authorize the DEFH to oversee pay data and monitor any instances of alleged pay discrimination within California-based companies. AB 2765 expands On January 1, 2021, various new and amended employment laws will go into effect in California. It also amends Labor Code Section 1102.5 by allowing plaintiffs who successfully bring a whistleblower retaliation claim pursuant to the code to recover reasonable attorney’s fees. Employs as a managing agent, any person who directly controlled the wages, hours, or working conditions of the affected workforce of the judgment debtor. Yesterday, the Governor signed AB 685 and SB 1159 into law. Making important contractual changes to business-to-business exemptions. It also allows the officer to restart their rest period as soon as practicable if it was interrupted by work. Finally, employers should make sure that they are in compliance with state and local minimum wage laws. It also requires them to notify their local public health department if an outbreak occurs at the worksite.Â. NOVEMBER 2020, Volume 34, No. Providing clarification on criteria that must be met by a worker who provides services through a referral agency. The new law significantly expands the state’s existing family and medical leave entitlements and goes into effect on January 1, 2021. SB 1159 sets forth specific types of workers that the law covers (such as active firefighting members, Department of Forestry and Fire Protection, peace officers, and fire and rescue service coordinators). 2021 Labor & Employment Law Update for California Employers Thursday, December 10, 2020 2020 has been an unprecedented year in many ways, but … It also requires the employer to maintain a three-month supply of PPE (effective April 1, 2021) and provide an inventory report to Cal/OSHA upon request.Â, Learn more about wrongful termination in California. AB 685 – Notice to employees of potential COVID-19 exposure. Under the new law, victims of crime and abuse will be entitled to take time off from work to obtain related relief to help ensure health, safety, or welfare “regardless of whether any person is arrested for, prosecuted for, or convicted of, committing the crime.”. This webinar is essential for company executives and human resources personnel in learning what the employment landscape and employer obligations are for the remainder of 2020 and into 2021. According to SB 826, that number must increase in proportion to the corporation’s total number of seats by December 31, 2021. The new year is right around the corner, so we thought it might be a good time to dive into some of the new labor laws on California’s docket for 2021. AB 2537 requires public and private employers to supply their hospital workers – specifically those who provide direct patient care or services that directly support personal care – with personal protective equipment. The expansion means as of January 1, 2021, most employers in California must provide employees who have worked for at least a year and 1,250 hours in the year before the leave with 12 weeks of unpaid, job-protected leave. ... New Labor & Employment Laws For California Employers In 2021. Sacramento, CA – Part 12 of New California laws for 2021 includes income taxes, property insurance, prescription drugs, mental health, communicable diseases data collection and more. For California businesses, 2020 will be a year of reckoning. The bill also expands the nature of relief obtained during a leave of absence to include seeking medical attention for injuries caused by crime or abuse, obtaining psychological counseling, attending judicial proceedings, or to participating in safety planning. There are several new 2021 California employment laws of which employers must be aware, as they may affect daily business operations, policies and employees. 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). The Governor has not waited until the deadline to begin signing a few employment related bills into law already. Under this law, the illness is considered an occupational injury and is eligible for workers’ compensation benefits if the specified criteria are met. Sweeping new laws curbing longtime employment practices take effect, aimed at reducing economic inequality and … California lawmakers and courts continued to revise and clarify a number of employment laws in 2020, and enact new statutes and regulations for 2021. 12 weeks to care for a grandchild under CRFA and 12 weeks to cover an illness under FMLA). Nov 3, 2020 | Human Resources. The employment law attorneys at Schneiders & Associates are prepared to help! AB 2017 amends this law by giving the employee the right to designate the reason for which they use their available sick leave “at their sole discretion.”, Existing law prohibits an employer from discharging, discriminating against, or retaliating against victims of domestic violence, sexual assault, or stalking for taking a leave of absence. Contact Our Office For A Free Case Review, Care for themselves or a family member, which is now defined as a. New Employment Laws Facing California Employers in 2021, What California Employers Need To Know About Cal/OSHA’s COVID-19 Emergency Temporary Standards, California’s New Pay Data Reporting Requirements. Annual California Employment Law Update: New Laws for 2021 Provide COVID-19 Protections and Expand Family Leave October 6, 2020 By David M. Prager, Jennifer L. Nutter, Alice Kwak, and Mary T. Vu This year, Governor Glendale CA 91203. California Employment Law Alert: New Employment Laws Effective On or Before January 1, 2021 Posted on December 18, 2020 by Laura P. Worsinger , Allison M. Scott California employers need to be prepared for unprecedented compliance challenges in recent legislation related to the ongoing pandemic, expanding leave protections, wage and hour compliance risks, and much more. 700 N Brand Blvd. By the end of the 2021 calendar year, publicly traded corporations with principal executive offices in California must increase the number of female directors from one to at least two or three female board members depending on the size of the board, and also have at least one director from an “underrepresented community,” defined as, “an individual who self-identifies as Black, African … California employers need to act quickly to ensure compliance with those new laws that went into effect immediately (including guidance and notices issued by enforcement agencies) and to prepare for the January 1, 2021 effective SB 973’s requirement for employers to report pay data to the state of California starting in March 2021. This bill went into effect on September 17, 2020 and will remain in effect until January 1, 2023. Read the Summary of California Labor Law Updates employers need to know heading into 2021. AB 685: COVID-19 Reporting SB 1383 – which takes effect January 1, 2021 – will significantly expand the coverage and scope of the California Family Rights Act (“CFRA”), which currently requires employers with 50 or more employees to provide 12 workweeks of unpaid, job-protected family or medical leave to its workers.Â. California’s ever-changing employment laws will have employers scrambling to keep up in 2021! Section 226.75 of the Labor Code currently exempts employees who hold safety-sensitive positions at petroleum facilities from being relieved of all duties during rest periods. 3. While this exemption was set to expire on January 1, 2021, AB 2479 will extend it to January 1, 2026. SB 1159 takes effect immediately (September 17, 2020) and expires on January 1, 2023. Guest ... we wanted to highlight and summarize some of the new employment laws which have already taken effect or are taking effect in 2021. Under current law, employees may use up to half of their accrued sick leave to care for a family member, which is known as California’s “Kin Care” law (Labor Code section 233). California employers with as few as five employees must provide family and medical leave rights to their employees under a new law signed by Governor Gavin Newsom on September 17, 2020. Employees can use the leave to manage their own serious health condition, or that of a family member. Under AB 3075, a “successor employer” will be liable for any wages, damages, and penalties owed by the predecessor employer if the successor employer meets any of the following criteria: Under Labor Code section 98.7, employees who allege they have been discharged or discriminated against in violation of any Labor Code provisions enforced by the Labor Commissioner currently have six months to file a complaint with the Division of Labor Standards Enforcement (DLSE). That amount must increase to two or three female board members by the end of 2021 , depending on the size of the board. So, for example, if a corporation has six or more directors on its board, there must be at least three female directors among them by the end of 2021. Reserve your seat early as the webinar has a limited number of registrants, and this event is likely to hit our maximum capacity (clients of the Firm will receive priority for attendance). AB 1512 allows security guards to remain on-call and on the premises during their rest breaks. The report must include information regarding the number of employees within the company (classified by race, ethnicity, and gender across various job categories) and the total hours worked by each employee within a each pay band during the reporting year. AB 685 – Local Health Department notice requirements. (California Desktop Codes) at Legal Solutions from Thomson Reuters. If an employer receives a notice of potential exposure to COVID-19, the employer must within one day provide written notice to all employees and subcontracted employee who were on the premises at the same worksite within the “infectious period.”  The notice must contain information about what COVID-19 related benefits the employee is entitled to under federal, state, and local laws, and the employer’s disinfection and safety plan. Suite 580. As we have seen over the past decade, California’s Legislature enacted a large number of new labor and employment laws as it concluded its 2020 Legislative Session. Labor & Emp't Rev. Bond with a newborn child or newly adopted or placed foster child. Each of the new laws discussed below is effective as of January 1, 2021, unless otherwise noted. Under the new CRFA, employees are eligible for up to 12 workweeks of unpaid protected leave during any 12-month period to: This is a notable development in that small businesses will now need to get up to speed on all these new CRFA requirements come January 1st. Companies with CA employees are advised to update applicable policies and procedures. My Firm’s webinar will take place on Friday October 2, 2020 at 10 a.m. PDT (registration is here and more information below). Author: Regina Silva. December 16, 2020. If the specific place of employment is ordered closed by a local health department, State Department of Public Health, the Division of Occupational Safety and Health, or a school superintendent. The latest litigation trends, court decisions, & issues on California Employment Law. As important as it is to carefully review these new COVID-19 laws, employers should also pay close attention to the important, non-COVID-19-related changes in employment law, including sweeping changes to California’s Family Rights Act (CFRA). Also, by the end of calendar year 2022, that number must increase to a minimum of: The bill defines “director from an underrepresented community” as “an individual who self-identifies as Black, African American, Hispanic, Latino, Asian, Pacific Islander, Native American, Native Hawaiian, or Alaska Native, or who self-identifies as gay, lesbian, bisexual, or transgender.”. Five Employment Law Changes Employers Can Expect Under a Biden Administration AB 685 Requires Employers To Provide Notice to Employees and Local Health Departments About COVID-19 In The Workplace Copyright © 2020 Agemian Law Group | All Rights Reserved.Designed @Madewith in Los Angeles, CA. Below is a summary of the newest legislation affecting employers in California. Workers are entitled to numerous rights and protections under California labor law, and can recover large penalties if employers violate those rights. You can learn what California employment lawyers consider the most important labor laws. Disqus Comments. The bill does set forth that the “place of employment” does not include an employee’s residence if they are working at home. Below are some of the significant changes related to COVID-19 that employers should look out for as we head into the new year. Such employees must be available to respond immediately to emergencies by staying on the premises and carrying a communication device during rest periods. 4. Expanding the scope of exempt professions, such as recording artists, songwriters, lyricists, licensed landscape architects, real estate appraisers, still photographers, photojournalists, videographers, photo editors, fine artists, freelance translators, content contributors, advisors, narrators, cartographers, producers, copy editors, and illustrators. At the end of the 2019-20 legislative session, California Governor Gavin Newsom signed a number of new bills into law. 1. Adding to the unprecedented challenges and changes seen in 2020, a myriad of new laws face California employers in 2021. Upon the creation of a new corporation, each party must attest under penalty of perjury that they have no outstanding final judgments issued to them. No later than January 1, 2022, these institutions will need to comply with certain requirements designed to make it easier for students to report sexual harassment and assault, including providing students with notice of their rights and information on how to report incidents and ensuring adequate training for school officials involved. "New Laws, Old Problems, Innovative Solutions for Businesses" ‍ Presented by HSMAI & HFTP Los Angeles As the new year approaches, employers continue to wrestle with changes in California and federal employment laws, many of which significantly affect daily business operations. Novato (3 tiered Minimum Wage) $15.24 per hour for very large California lawmakers and courts continued to revise and clarify a number of employment laws in 2020, and enact new statutes and regulations for 2021. New California Employment Laws in 2021 The new year is right around the corner, so we thought it might be a good time to dive into some of the new labor laws on California’s docket for 2021. Below is a summary of some of these laws that employers should make themselves aware of heading into the new year. Register for our webinar discussing the new employment facing California employers into 2021. The bill also expands the Division of Occupational Safety and Health of California’s (Cal/OSHA) authority to shut down operations at a worksite if – in the opinion of Cal/OSHA– the worksite or operations expose “workers to the risk of infection” of COVID-19 so as to constitute an imminent hazard. 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. New California employment laws (2021) Independent contractors The “ Save Local Journalism Act ” gives newspaper publishers a one-year extension until they have to reclassify newspaper carriers as independent contractors under the ABC rule passed last year. Employers with California operations will want to take note, … On Dec 16, 2020 Several new or amended employment laws take effect in California on January 1, 2021, including mandatory child abuse reporting, expanded crime victim leave, and increased minimum wages and exempt employee salaries. Labor and Employment Law Ca. A number of new employment laws in California will take effect on January 1, 2021. Palmer Kazanjian. As we continue to weather the coronavirus pandemic, employers are still wondering what the proper protocol is when learning that one of their employees has been infected with COVID-19. California currently requires publicly traded corporations with principal executive offices in California to have at least one female director on their board (SB 826). SB 1159 – Workers’ Compensation COVID-19 Presumption. California Passes New Employment Laws for 2021 Numerous employment-related bills were passed in California in 2020 to provide workers with COVID-19 protections and expand family leave. My firm is conducting a webinar on October 2, 2020  at 10 a.m. to review the critical new laws signed by the Governor (including more details about AB 685 and SB 1159), recap other COVID-19 employment legal requirements in place on the Federal, state, and local levels, and provide some other reminders about minimum wage increase and sexual harassment training requirements in 2021. Get free shipping on law books. No one can deny that society as a whole has come a long way in terms of how we view sexism in the workplace. New Labor & Employment Laws For California Employers In 2021. California has arguably the most pro-worker employment laws in the country. AB 2765 — Public Works: Prevailing Wages (Effective Jan. 1, 2021) California law requires that generally no less than the general prevailing rate of per diem wages be paid to workers employed on public works. Important side note: Be with a spouse, domestic partner, child, or parent in the Armed Forces of the United States due to a qualifying exigency related to covered active duty or call to covered active duty. AB 685 take effect on January 1, 2021 and will expire in two years on January 1, 2022. SB 973 will require California private employers with 100 or more employees to submit a pay data report to the Department of Fair Employment and Housing (DFEH) on or before March 31, 2021, and every year thereafter. Has substantially the same owners or managers that control the labor relations as the judgment debtor. A number of new employment laws in California will take effect on January 1, 2021. Assembly Bill 685 – … SB 1159: COVID-19 Workers’ Compensation This factor does not apply to employers who maintain the same workforce pursuant to Chapter 4.5 (commencing with Section 1060) of Part 3. Five Employment Law Changes Employers Can Expect Under a Biden Administration, AB 685 Requires Employers To Provide Notice to Employees and Local Health Departments About COVID-19 In The Workplace, Workers' Compensation COVID-19 Presumption, For employers with 100 or fewer employees at a specific place of employment if 4 employees test positive for COVID-19, For employers with more than 100 employees at a specific place of employment if 4 percent of the number of employees who reported to the specific place of employment tested positive for COVID-19. Period as soon as practicable if it was interrupted by work criteria that must be met by a worker provides. Member, which is now defined as a whole has come a long way in terms of how view... 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