The minimum wage for employers with 26 employees or more will be $13.00 per hour. Job-Protected Family Leave. CA determine whether they are required to provide COVID-19 supplemental paid sick leave and develop policies for providing it, evaluate whether workers currently classified as independent contractors are properly classified, and. The bill requires that the Secretary of State post notice of the certification on the homepage of its internet website. Your message has failed. 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). These new laws impact employers of all sizes and industries. This exemption would expire on January 1, 2021. © Epstein Becker & Green var today = new Date(); var yyyy = today.getFullYear();document.write(yyyy + " "); | Attorney Advertising. Covered workers scheduled to work, on average, 40 hours per week over the two-week period preceding SPSL are entitled to the full 80 hours. 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. The worker is prohibited from working by the hiring entity due to health concerns related to the potential transmission of COVID-19. The amount of SPSL available depends upon the covered worker’s schedule. 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. Civil action may not be pursued until mediation is complete, and the statute of limitations will be tolled during this process. 17 New CA Laws Just Signed By Governor Newsom - Banning-Beaumont, CA - Gov. 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. All of these exemptions and revisions are subject to specific requirements, as set forth in the bill. SB 419: School suspension. 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. 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. Please try again. 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. Governor Newsom signed over 20 new … The report must include the number of employees by race, ethnicity, and sex in a variety of job categories, including executive or senior-level officials and managers, professionals, laborers and helpers, and service workers. The bill expands the prohibition of discharging, discriminating, or retaliating against employees for taking time off who are victims of domestic violence, sexual assault, or stalking to include “or other crime or abuse” “that caused physical injury or that caused mental injury and a threat of physical injury” and “a person whose immediate family member is deceased as the direct result of the crime.” The bill defines “crime” as “a crime or public offense as set forth in Section 13951 of the Government Code, and regardless of whether any person is arrested for, prosecuted for, or convicted of, committing the crime.”. Finally, the bill requires the DFEH to create a small employer family leave mediation pilot program for employers with between five and 19 employees. For all other employees, the rebuttable presumption is applied only if the employee works for an employer with five or more employees and the employee tests positive for COVID-19 within 14 days after reporting to his or her place of employment during a COVID-19 “outbreak” at the employee’s specific workplace. Education. Get Laminated, All in One 2021 California Labor Poster that includes all Mandatory Postings required by DAS. 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. Paid family leave will increase from six weeks to eight weeks starting on July 1, … 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. This year, Governor Gavin Newsom signed numerous employment-related bills passed by the California Legislature. 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. 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 five or … Boards of Directors. 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. ... must begin to retrofit their homes with the plan set by the State Fire Marshal if they want to sell their home in 2021. California Reports 52,281 New Cases Of COVID-19California health authorities reported Thursday a record 379 coronavirus deaths and more than 52,000 new confirmed cases. familiarize themselves with the notification requirements regarding potential exposures to COVID-19. 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. Current law requires businesses to file a statement of information with the Secretary of State, disclosing certain information about the entity. 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”). License points for distracted driving: Beginning July 1, 2021, a new law will levy an additional penalty on a driver who breaks California’s hands-free law… 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. These changes go into effect as of January 1, 2021, and they replace California's terribly antiquated former homestead exemptions which provided … AB-3075 requires the statement of information to disclose whether any officer or director (or in the case of a limited liability company, any member or manager) has an outstanding final judgment for the violation of any wage order or provision of the Labor Code. There are also other scenarios where workers are entitled to overtime in California. requiring COVID-19 supplemental paid sick leave for food sector workers, certain health care providers and emergency responders, and persons employed by private businesses of 500 or more employees; creating a rebuttable presumption for purposes of workers’ compensation that a covered employee contracted COVID-19 at work; expanding job-protected family leave for employees of companies with five or more employees; and. With this new law, California is emerging as a national leader in reintegration for families and strengthening communities.” Other criminal justice related bills signed today include: Release and Reentry. The minimum wage for employers with 25 employees or less will be $12.00 per hour. 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.”. Under AB 1076, the California Department of Justice will establish the automated record clearance system for individuals ​arrested or convicted after January 1, 2021, and will replace the current one, in which individuals must petition directly to the court. 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. AB-2017 amends the kin care law to provide that the designation of the sick leave is at the “sole discretion” of the employee. Share more information and Previously, the CFRA and NPLA applied only to employers with 50 or 20 employees (respectively) within a 75-mile radius. 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. “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. Currently, an employer is only required to grant both employees a combined total of 12 workweeks of unpaid protected leave during the 12-month period. 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. Statements of Information. This presumption, as created by Governor Newsom’s Executive Order N-62-20, was set to expire on July 5, 2020. Effective immediately, AB-2257 amends AB-5 to revise and add exceptions to the “ABC Test” used to determine whether a worker is properly classified as an employee or independent contractor. Expansion of California's Family Rights Act (SB 1383) - Under existing law, employers with 50 or more employees must provide 12 workweeks of unpaid leave for family care and medical leave. 91206. 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. Gun advocates plan to sue the state over the new laws … The law became effective immediately, and covered employers should review and update their policies to ensure compliance with this new law. Read about each one here. COVID-19-Related Laws. Employers will have 30 days from receipt of a right-to-sue letter to request mediation. Gavin Newsom signed more than a dozen bills into law this week. Below is a list of new employment laws that are set to go into effect in 2021. Rest Breaks for Security Guards. 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. Covered employers are required to report the number of employees by race, ethnicity, and sex in each of the following 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. California Overtime Law: Under California labor law, non-exempt employees are entitled to 1.5x their regular pay for hours worked beyond 8 per day (or 40 per week) and 2x their regular rate for hours worked beyond 12 per day. 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. ; Requires the California Department of Public Health (CDPH) to publicly report information on workplace outbreaks. Since the new CFRA expansion law allows employees to take leave for reasons not covered under the federal Family Medical Leave Act, it is possible that employees may be entitled to up to 24 workweeks of unpaid leave for those leaves that do not run concurrently with the FMLA. LIST: New California laws in 2020 ... (KRON) – New state laws are going into effect across California with the start of the new year. AB-1512 remains in effect only until January 1, 2027. ; Requires the California Department of Public Health (CDPH) to publicly report information on workplace outbreaks. Glendale, 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.. Officials increased the New York City minimum wage rate … Local minimum wages may be higher. 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. COVID-19 Workers’ Compensation Presumption. This information is not intended to create, and receipt or viewing does not constitute, an attorney-client relationship. Home » New Employment Laws Facing California Employers in 2021 New Employment Laws Facing California Employers in 2021. 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. review and revise employee handbooks to ensure that they are otherwise up to date. Major changes affecting employers with California operations in the coming year include: Unless otherwise stated, all the new laws discussed below will take effect on January 1, 2021. 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. 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. Successorship is established upon meeting one of several factors outlined in the law. Minimum Wage - The minimum wage will increase by a dollar on January 1, 2021. SB-1159 takes effect immediately and remains in effect through January 1, 2023. 144 N Glendale AveSte 228 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. Copyright © var today = new Date(); var yyyy = today.getFullYear();document.write(yyyy + " "); JD Supra, LLC. 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. Worker's Compensation (SB 1159) - This law creates a rebuttable presumption that an employee contracted COVID-19 at work if the employee tests positive or is diagnosed with COVID-19 within 14 days after working at the employer's place of employment. Additionally, the law imposes reporting requirements on employers for purposes of the outbreak presumption. Build a Morning News Brief: Easy, No Clutter, Free! 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. The California Federal and State Labor Law Poster lets you be in compliance with this law. 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. Employers must also report the total number of hours worked by each employee in each pay band. Protected Time Off for Domestic Violence, Sexual Assault, or Stalking Victims. Existing law requires publicly held domestic or foreign corporations whose principal executive office is located in California to have a minimum number of female directors on their boards depending on the total number of directors. Posted on Dec. 21 2020. Classification of Educational Employees. The worker is subject to a federal, state, or local quarantine or isolation order related to COVID-19; The worker is advised by a health care provider to self-quarantine or self-isolate due to concerns related to COVID-19; or. Education. Starting next school year, it will be illegal for public schools … 1461, also known as the New Motor Voter Act. “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. New California is a new state in development exercising its constitutional Right to form from the State of California as codified under Article IV Section 3 of the United States Constitution and in the United States Declaration of Independence. Compliance Assistance is the leading labor law posters provider for over 12 years. Kin Care. Our earlier discussion of AB 736 can be found here. Employers may be subject to civil penalties of up to $10,000 for violating these reporting requirements. The California Department of Water Resources is planning to recommend standards for outdoor use by 2021, the report said. An exemption for business-to-business relationships between two or more sole proprietors has also been created. 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. Those new laws will be addressed in a separate, future Insight. Here’s a look at some of the new employment-related laws that employers should be aware of, which, unless otherwise stated, are effective January 1, 2021. California's new privacy law, AB 375, might not burden security as much as the GDPR, but details are subject to change. 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. Notably, this bill expands employer coverage … The training must be conducted in the language understood by the minor and his or her parent or legal guardian “whenever reasonably possible.”. 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. Can a Potential Employer Consider your Criminal History when Evaluating your Job Application? This new expansion of the CFRA does the following: (1) Applies the CFRA to employers with as few as five employees; (2) provides for baby bonding leave, repealing the New Parent Leave Act; (3) expands the definition of "family members" to include domestic partners, grandparents, grandchildren, adult children, and siblings. 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. 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. Current law provides that a person who believes that he or she has been discharged or otherwise discriminated against in violation of any law enforced by the Labor Commissioner must file a complaint with the DLSE within six months after the occurrence of the violation.AB-1947 extends the time period to file such a complaint to one year. 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. 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. An additional law will extend gun violence restraining orders from one to five years, allowing courts to decide how long the threat is likely to c… Nothing on this site should be taken as legal advice for any individual case or situation. Statute of Limitations for Labor Code Complaints. 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. 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. Settlement Agreements in Employment Disputes. You'll get more control over your data. This website uses cookies to improve user experience, track anonymous site usage, store authorization tokens and permit sharing on social media networks. AB 278 by Assemblymember Kevin McCarty (D-Sacramento) allows the California Conservation Corps to accept applicants who are on parole. SB 1383 significantly expands the California Family Rights Act (CFRA) beginning January 1, 2021. September 30, 2020 is the deadline for Governor Newsom to sign into law all bills passed by the Legislature this year. The new laws include an extension for the amount of time before a person with a gun violence restraining order placed against them. 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. If you have a gun-violence restraining order, you’ll be prohibited from buying a firearm for up to five … AB-979 will require that such corporations also have at least one director from an underrepresented community by the end of 2021. The bill expands the Labor Commissioner’s representation to arbitrations for claimants who cannot afford counsel, requires employers to serve petitions to compel arbitration on the Labor Commissioner, and allows the Labor Commissioner to represent claimants in proceedings to determine whether arbitration agreements are enforceable. 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. Wage Orders Nos 26 employees or less will be tolled during this process, future Insight allows... In compliance with this law on this site should be taken as advice... 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