Officials increased the New York City minimum wage rate … Statements of Information. There are also other scenarios where workers are entitled to overtime in California. The legislature responded to the COVID-19 pandemic with several new laws. ; Requires the California Department of Public Health (CDPH) to publicly report information on workplace outbreaks. Employees Given Sole Discretion to Use Kin Care Leave (AB 2017) - Employees currently may use their accrued sick leave to tend to the illness of a family member. The worker is prohibited from working by the hiring entity due to health concerns related to the potential transmission of COVID-19. The bill requires that the Secretary of State post notice of the certification on the homepage of its internet website. By continuing to browse this website you accept the use of cookies. familiarize themselves with the notification requirements regarding potential exposures to COVID-19. Additionally, the law imposes reporting requirements on employers for purposes of the outbreak presumption. New AB 5 Exemptions (AB 2257) - A new law was implemented in 2020 which made it more difficult for employers to classify their workers as independent contractors. Minimum Wage - The minimum wage will increase by a dollar on January 1, 2021. Employers are entitled to an offset for any supplemental COVID-19 leave provided to an employee for the covered reasons since March 4, 2020, such as COVID-19 leave provided pursuant to an executive order or local ordinance, or voluntarily by an employer. A tweak to California's so-called "microstamping" law that requires the removal of three currently certified handguns from the state's roster for each new pistol added is headed to Gov. This year, Governor Gavin Newsom signed numerous employment-related bills passed by the California Legislature. Home » New Employment Laws Facing California Employers in 2021 New Employment Laws Facing California Employers in 2021. SPSL may be used for any of the following reasons: Employees are entitled to pay for SPSL at the highest of (1) the worker’s regular rate of pay for the last pay period, (2) the State minimum wage, or (3) the local minimum wage (capped at $511 per day and $5,110 in the aggregate). And, as before, if an exemption applies, the worker must still satisfy the multi-factor Borello test in order to be properly classified as an independent contractor. The law also eliminates the 75-mile radius for purposes of counting employees (but keeps the requirement that to be eligible for leave the employee must have at least 1,250 hours of service with the employer during the previous 12-month period). Gavin Newsom signed more than a dozen bills into law this week. SB-1159, however, extends this presumption beyond July 6, 2020, for firefighters, peace officers, fire and rescue coordinators, and certain kinds of health care and health facility workers, including in-home supportive services providers who provide services outside their own home. Employers may be subject to civil penalties of up to $10,000 for violating these reporting requirements. This exemption would expire on January 1, 2021. The bill also provides that a successor to a judgment debtor will be liable for any wages, damages, and penalties owed to any of the judgment debtor’s former workforce pursuant to a final judgment, after the time to appeal therefrom has expired and for which no appeal therefrom is pending. Beginning Sept. 1, Assembly Bill 61will allow teachers, employers and co-workers to petition courts to temporarily take guns away from people who pose danger. In order for the sexual harassment/sexual assault/criminal conduct exception to apply, however, an employer must have documented the conduct before the aggrieved party filed the claim against the employer. Build a Morning News Brief: Easy, No Clutter, Free! On January 1, 2021, the state minimum wage goes up to $14 an hour for employers with 26 or more employees ($13 an hour for employers with fewer than 26 employees). “The new laws make it likely that water agencies will need to offer more rebates for homeowners and business owners who replace lawns with drought-tolerant plants and who purchase water efficient appliances. SB-1383 expands the California Family Rights Act (“CFRA”) and the New Parent Leave Act (“NPLA”) to make it an unlawful employment practice for any employer with fiveor more employees to refuse to grant a request by an employee to take up to 12 workweeks of unpaid protected leave during any 12-month period to bond with a new child of the employee or to care for themselves or a child, parent, grandparent, grandchild, sibling, spouse, or domestic partner. The minimum wage for employers with 26 employees or more will be $13.00 per hour. 1461, also known as the New Motor Voter Act. AB-1512 remains in effect only until January 1, 2027. New exceptions have been added for workers who create, market, promote, or distribute sound recordings or musical compositions, and for certain single-engagement live musical performances. SB-1159 takes effect immediately and remains in effect through January 1, 2023. Posted on Dec. 21 2020. Education. DISCLAIMER: Because of the generality of this update, the information provided herein may not be applicable in all situations and should not be acted upon without specific legal advice based on particular situations. Get Laminated, All in One 2021 California Labor Poster that includes all Mandatory Postings required by DAS. On October 10, 2015, California Governor Jerry Brown signed into law Assembly Bill No. Current law requires businesses to file a statement of information with the Secretary of State, disclosing certain information about the entity. This presumption, as created by Governor Newsom’s Executive Order N-62-20, was set to expire on July 5, 2020. COVID-19 Workers’ Compensation Presumption. The bill requires a security officer to be permitted to restart a rest period anew as soon as practicable if the officer’s rest period is interrupted and provides that a subsequent uninterrupted rest period satisfies the rest period obligation. Click here to read more about how we use cookies. This information is not intended to create, and receipt or viewing does not constitute, an attorney-client relationship. Below is a list of new employment laws that are set to go into effect in 2021. This law only applies to security officers covered by a valid collective bargaining agreement that expressly provides for (1) the wages, hours of work, and working conditions of employees; (2) rest periods for those employees; (3) final and binding arbitration of disputes concerning application of its rest period provisions; (4) premium wage rates for all overtime hours worked; and (5) a regular hourly rate of pay of not less than one dollar more than the state minimum wage rate. California Minimum Wage Law AB-3175 amends Labor Code section 1700.52 to require that a parent or legal guardian accompany age-eligible minors during employer-provided sexual harassment training made available online by DFEH, and certify to the Labor Commissioner that the training has been completed. #WorkforceWednesday: Sick Leave in New York, California Law Update, and Oregon’s Workplace Fairness Act Takes Effect, Workplace Violence Rises During COVID-19 - Employment Law This Week®, U.S. Department of Labor Proposes New Rule for Distinguishing Independent Contractors from Employees under the FLSA, Rule 7: Be Prepared to Improvise – Return to Work in the Time of COVID-19, Washington, D.C. The major change, which is likely to increase litigation in California, is that this new law also amends Labor Code section 1102.5 to allow for attorney's fees for employees who prevail on a whistleblower retaliation claim pursuant to the code. Notably, this bill expands employer coverage … Being from an underrepresented community means that the individual “self-identifies as Black, African American, Hispanic, Latino, Asian, Pacific Islander, Native American, Native Hawaiian, or Alaska Native” or “self-identifies as gay, lesbian, bisexual, or transgender.”. Current law requires an employer that provides sick leave for employees to permit an employee to use at least half of the employee’s accrued and available sick leave to attend to the illness of a family member (“kin care”). Other additions include workers who provide underwriting inspections and other services for the insurance industry, a manufactured housing salesperson, people engaged by an international exchange visitor program, consulting services, animal services, and competition judges with specialized skills. All of these exemptions and revisions are subject to specific requirements, as set forth in the bill. A detailed discussion of SB-1383 can be found here. School districts will have more power over the creation of new charter schools in their … AB-736 expands the professional exemption set forth in Wage Orders Nos. AB-2143 amends Code of Civil Procedure section 1002.5 (prohibiting the use of no-rehire provisions in settlement agreements of employment-related disputes, except if the employer has made a good faith determination that the aggrieved party engaged in sexual harassment/assault) to allow an exception, permitting a no-rehire provision if the aggrieved party has engaged in criminal conduct. AB-2992 amends Labor Code sections 230 and 230.1 to provide the victims of violent crimes and families of homicide victims (1) time to recover without fear of job loss and (2) expanded unpaid leave. It also creates new notice and reporting requirements to employees and subcontractors that must be met within one business day of potential COVID-19 exposure. AB 685 (Chapter 84, Statutes of 2020) is a California law signed by Governor Gavin Newsom on September 17, 2020. SB 419: School suspension. Minimum Wage - The minimum wage will increase by a dollar on January 1, 2021. Protected Time Off for Domestic Violence, Sexual Assault, or Stalking Victims. AB-1512, which amends Labor Code section 226.7, authorizes a person employed as a security officer who is registered pursuant to the Private Security Services Act, and whose employer is a registered private patrol operator, to be required to remain on the premises during rest periods and to remain on call, and carry and monitor a communication device, during rest periods. As with the prior law, no-hire agreements are permissible where there has been no claim against the employer in court, before an administrative agency, in an alternative dispute resolution forum, or through the employer’s internal complaint process. The law became effective immediately, and covered employers should review and update their policies to ensure compliance with this new law. In California, no license or permit shall be required to possess keep, or carry a handgun openly or concealed in one’s home or place of business. The law also applies to health care employees and emergency responders whose employers opted out of compliance with the federal Families First Coronavirus Response Act (“FFCRA”). Enhanced Enforcement and Employer Reporting Requirements. Expansion of Cal/OSHA Laws (AB 685) - This law expands Cal/OSHA's authority by allowing them to shut down worksites that expose employees to COVID-19 imminent hazards. In preparation for 2021, California employers have an abundance of new laws to decipher and comply with. Under the new law, employees will have the power to use their sick leave at "their sole discretion.". In addition, the law requires an employer that employs both parents of a child to grant leave to each employee. © Epstein Becker & Green var today = new Date(); var yyyy = today.getFullYear();document.write(yyyy + " "); | Attorney Advertising. AB-2017 amends the kin care law to provide that the designation of the sick leave is at the “sole discretion” of the employee. This website uses cookies to improve user experience, track anonymous site usage, store authorization tokens and permit sharing on social media networks. These changes go into effect as of January 1, 2021, and they replace California's terribly antiquated former homestead exemptions which provided … By the end of 2022, such corporations with between five and nine directors must have at least two directors from underrepresented communities, and such corporations with 10 or more directors must have at least three directors from underrepresented communities. New California Cannabis Laws for 2021 AB 1872 (The Tax Freeze one): Newsom technically signed this one last week, but it’s still critically important and covered by this legislative session. Firefighters can be entitled to more than 80 hours of SPSL if they were scheduled for more than 80 hours in the preceding two weeks. COVID-19-Related Laws. Read about each one here. The Department of Labor Standards Enforcement (“DLSE”) has issued FAQs stating that employers may not require or condition leave on an employee obtaining a medical certification. Civil action may not be pursued until mediation is complete, and the statute of limitations will be tolled during this process. Requirement to Submit Pay Data Report to the DFEH (SB 973) - Private employers with 100 or more employees must submit a pay data report to the Department of Fair Employment and Housing by March 31, 2021, and every year thereafter. AB 2017 does not require employers to provide any additional paid time off—it simply clarifies who designates which type of sick leave is used when an employee uses a sick day. The law also requires CARB to develop a strategy for medium- and heavy-duty trucks by Jan. 1, 2021, to help bring all of California into compliance with federal air quality standards. These 2020 California laws apply to every aspect of life. In addition, the bill prohibits employers with 25 or more employees from discharging, discriminating, or retaliating against an employee who is a “victim,” as defined, for taking off work to seek medical attention for injuries caused by crime or abuse, to obtain services from prescribed entities as a result of the crime or abuse, to obtain psychological counseling or mental health services related to an experience of crime or abuse, or to participate in safety planning and take other actions to increase safety from future crime or abuse. California Law Welcome to the California Law section of FindLaw's State Law collection. Effective immediately, AB-1867 requires that employers with 500 or more employees nationwide provide up to 80 hours of COVID-19 supplemental paid sick leave (“SPSL”) to employees who leave their homes to perform work. In California, it’s also a time to take stock of which new laws from the Democrat-controlled Legislature will make our lives just a little (or a lot) more frustrating. An exemption for business-to-business relationships between two or more sole proprietors has also been created. Education. SB-973 requires, on or before March 31, 2021—and on or before March 31 each year thereafter—a private employer that has 100 or more employees to submit a pay data report to the DFEH that contains specified wage information. 4-2001 and 5-2001 of the Industrial Welfare Commission to include part-time or “adjunct” faculty at private, nonprofit colleges and universities in California. SB 855 would significantly expand the list of mental health conditions considered medically necessary under California’s state parity law. Employers are also obligated to report the number of employees by race, ethnicity, and sex whose annual earnings fall within each of the pay bands used by the U.S. Bureau of Labor Statistics in the Occupational Employment Statistics survey. 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. ... must begin to retrofit their homes with the plan set by the State Fire Marshal if they want to sell their home in 2021. Covered employees are exempt from the wage and hour provisions of those Wage Orders, as well as specified provisions of the Labor Code, if the employees satisfy a two-part “duties” and “salary” test. Required posters may be found for food sector workers here and for other employees here. Limited On-Call Rest Break Exemption for Unionized Security Officers (AB 1512) - This new law allows unionized security officers to remain on-call during their rest breaks without legal ramifications to the employer. Highlights of these new laws include: COVID-19 supplemental paid sick leave for food sector workers, certain health care providers/emergency responders, and persons employed by private businesses of 500 or more employees; Statute of Limitations for Labor Code Complaints. ; Requires the California Department of Public Health (CDPH) to publicly report information on workplace outbreaks. Governor Newsom signed over 20 new … New law includes targeted protections for tenants to shield them from evictions due to COVID-19-related back rent through February 1, 2021 Extends anti-foreclosure protections in the Homeowner Bill of Rights to small landlords There's a reason your inbox has been getting spammed with … The State of New York will increase its standard minimum wage to $12.50 in 2021, except for fast food workers in the state, whose minimum wage will be increased to $15 on July 1, 2021. SB-1384 modifies Labor Code section 98.4, which previously provided only that the Labor Commissioner could represent indigent claimants in de novo proceedings (appeals of Labor Commissioner wage claim awards). 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 bill requires the officer to be paid one additional hour of pay at the employee’s regular base hourly rate of compensation. Below are the highlights curated by our Employment Law Group. SB 1383 significantly expands the California Family Rights Act (CFRA) beginning January 1, 2021. Unless otherwise noted, all new laws mentioned below will take effect on January 1, 2021. Ammoland Inc. Posted on July 6, 2020 July 6, 2020 by AmmoLand Editor Jim Grant Governor Northam is up to … Employers must immediately (within one business day of the notice of potential exposure) provide written notification to all employees at a worksite of potential exposures, COVID-19-related benefits and protections, and the disinfection and safety measures that will be taken at the worksite in response to the potential exposure. Previously, the CFRA and NPLA applied only to employers with 50 or 20 employees (respectively) within a 75-mile radius. While it’s hard to beat the entertainment factor of California's current strange laws, there are a few interesting new laws in 2020 worth knowing about. This year, hundreds of new California laws were introduced—and many took effect on January 1—so there’s a lot to keep track of.. SB-1159 creates a rebuttable presumption that any COVID-19-related illness of an employee arises out of, and in the course of, the employment for purposes of awarding workers’ compensation benefits. The law also enables Cal/OSHA to issue citations for serious violations related to COVID-19 without giving employers 15-days’ notice before issuance. In addition, employers must also notify local public health agencies of outbreaks within 48 hours of becoming aware of the “outbreak,” which is defined as three or more laboratory-confirmed cases of COVID-19 among employees who live in different households within a two-week period. AB 685 (Chapter 84, Statutes of 2020) is a California law signed by Governor Gavin Newsom on September 17, 2020. The California Department of Water Resources is planning to recommend standards for outdoor use by 2021, the report said. The legislation he co-authored would require people from “underrepresented communities” to have at least one seat on corporate boards in California by the end of 2021. Employers with a California workforce should: Finally, employers should make sure that they are in compliance with state and local minimum wage laws. Boards of Directors. Posted in California Legislation Update. Settlement Agreements in Employment Disputes. By Anthony Zaller on September 18, 2020. Among the significant changes are removal of the annual 35-submission limit for freelancer writers, editors, newspaper cartoonists, still photographers, and photojournalists, though a variety of other requirements still must be met. Those new laws will be addressed in a separate, future Insight. The provisions of the law became effective immediately, but will not apply to cases filed before January 1, 2021. 144 N Glendale AveSte 228 Labor Commissioner’s Representation of Financially Disabled Persons. Please try again. The new laws include an extension for the amount of time before a person with a gun violence restraining order placed against them. The DLSE FAQs also reflect that if an employer has at least 500 employees, it must provide food sector workers who are classified as independent contractors with SPSL. “The new laws make it likely that water agencies will need to offer more rebates for homeowners and business owners who replace lawns with drought-tolerant plants and who purchase water efficient appliances. Gun violence restraining orders: A number of new laws are aimed at keeping guns from those who are a danger to themselves or others. AB-979 will require that such corporations also have at least one director from an underrepresented community by the end of 2021. The legislation, which took effect in 2016, authorized automatic voter registration in California for any individuals who visit the Department of Motor Vehicles to acquire or renew a driver's license. Paid Family Leave. You'll get more control over your data. When an employer knows or reasonably should know that an employee has tested positive for COVID-19, the employer must report certain information to its claims administrator. Starting next school year, it will be illegal for public schools … CA 17 New CA Laws Just Signed By Governor Newsom - Banning-Beaumont, CA - Gov. September 30, 2020 is the deadline for Governor Newsom to sign into law all bills passed by the Legislature this year. AB-2143 also amends section 1002.5 to clarify that an employee must have filed his or her claim against the employer in good faith in order to be considered an “aggrieved party” who is entitled to the protections of the statute’s restriction against no-rehire provisions in a settlement agreement. Covered institutions with adjunct faculty who are classified as exempt should review their employees’ duties and compensation structure to ensure they satisfy this new test. In practice, this prohibits employers from discharging, discriminating or retaliating against an employee who is a victim of a crime or abuse from taking time off work to obtain relief to help ensure the health, safety, or welfare of the victim or the victim's child. Glendale, review and revise employee handbooks to ensure that they are otherwise up to date. SB-973 authorizes the DFEH to seek an order requiring an employer to comply, and recover the costs associated with seeking the order for compliance, if it does not receive the required report from the employer. California Expands the California Family Rights Act (CFRA) to Employers with 5 or More Employees, New Laws Affecting Employment in California, California Revises its Independent Contractor Laws. What is AB 685? Can a Potential Employer Consider your Criminal History when Evaluating your Job Application? The minimum wage for employers with 25 employees or less will be $12.00 per hour. The training must be conducted in the language understood by the minor and his or her parent or legal guardian “whenever reasonably possible.”. 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. The bill also creates exceptions for licensed landscape architects, specialized performers teaching master classes, registered professional foresters, real estate appraisers and home inspectors, and feedback aggregators. Employers will have 30 days from receipt of a right-to-sue letter to request mediation. Be found here proprietors has also been created planning to recommend standards for outdoor use by 2021, employers. On January 1, 2023 discussion of ab 736 can be found for food sector workers here and other... Receipt or viewing does not constitute, an attorney-client relationship Sexual Harassment Training for Minors in the law an. 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