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. 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. This information is not intended to create, and receipt or viewing does not constitute, an attorney-client relationship. 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. Enhanced Enforcement and Employer Reporting Requirements. The law became effective immediately, and covered employers should review and update their policies to ensure compliance with this new law. 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. COVID-19-Related Laws. September 30, 2020 is the deadline for Governor Newsom to sign into law all bills passed by the Legislature this year. By Anthony Zaller on September 18, 2020. A detailed discussion of SB-1383 can be found here. AB-979 will require that such corporations also have at least one director from an underrepresented community by the end of 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). 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. California's new privacy law, AB 375, might not burden security as much as the GDPR, but details are subject to change. 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. Currently, that law — which seeks to ensure equal levels of care for physical and mental health — covers only nine mental health … Additionally, the law imposes reporting requirements on employers for purposes of the outbreak presumption. 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”). AB-1512 remains in effect only until January 1, 2027. This year, Governor Gavin Newsom signed numerous employment-related bills passed by the California Legislature. Governor Newsom signed over 20 new … 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. 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. 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. 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. Notably, this bill expands employer coverage … 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. 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. 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. Paid family leave will increase from six weeks to eight weeks starting on July 1, … 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. 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 The Golden State once again enacted the lion’s share of new laws. Here's a closer look at some that might in 2020. The legislature responded to the COVID-19 pandemic with several new laws. AB 685 (Chapter 84, Statutes of 2020) is a California law signed by Governor Gavin Newsom on September 17, 2020. Every year hundreds of new California laws take effect Jan. 1. 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. For purposes of determining whether an employer has 500 or more employees in the United States, employees are counted in the same manner as they are counted under the FFCRA, meaning that either this law or the FFCRA will apply to employees working in California. 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. SB-1159 takes effect immediately and remains in effect through January 1, 2023. Protected Time Off for Domestic Violence, Sexual Assault, or Stalking Victims. 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. Classification of Educational Employees. Below is a list of new employment laws that are set to go into effect in 2021. 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. requiring certain private employers to submit annually a data report to the Department of Fair Employment and Housing (“DFEH”) containing specified wage information. 5 New Gun Control Laws Just Took Effect in the US! 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. As defined by this statute, an “outbreak” exists if (1) the employer has 100 employees or fewer at a specific place of employment, four employees test positive for COVID-19; (2) the employer has more than 100 employees at a specific place of employment, 4 percent of the number of employees who reported to the specific place of employment test positive for COVID-19; or (3) a specific place of employment is ordered to close by a local public health department, the State Department of Public Health, the Division of Occupational Safety and Health, or a school superintendent due to a risk of infection with COVID-19. Glendale, This new law slightly modifies the existing law by requiring that the aggrieved person has filed the claim in good faith in order for the prohibition to apply. Below are the highlights curated by our Employment Law Group. 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. Education. 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 SPSL requirement will end as of December 31, 2020, or when the FFCRA expires, if later. 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. California Law Welcome to the California Law section of FindLaw's State Law collection. Employer Pay Data Reporting Requirement. Boards of Directors. Minimum Wage - The minimum wage will increase by a dollar on January 1, 2021. Classification of Independent Contractors. The training must be conducted in the language understood by the minor and his or her parent or legal guardian “whenever reasonably possible.”. Expanded Protections for Victims of Crime or Abuse (AB 2992) - This law expands current protections for victims of domestic violence, sexual assault, or stalking to include protections for victims of crime or abuse. Ammoland Inc. Posted on July 6, 2020 July 6, 2020 by AmmoLand Editor Jim Grant Governor Northam is up to … You'll get more control over your data. These new laws impact employers of all sizes and industries. 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. Education. No Rehire Provisions (AB 2143) - Employers are currently prohibited from including a provision in their settlement agreements restricting an aggrieved person from working for the employer. The existing pay stub requirement for paid sick leave has been expanded to require that available SPSL also be reflected on employees’ pay stubs or by a separate writing provided on the designated pay date with the employee’s payment of wages. The minimum wage for employers with 25 employees or less will be $12.00 per hour. 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. California Minimum Wage Law 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. 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. Law Firms: Be Strategic In Your COVID-19 Guidance... [GUIDANCE] On COVID-19 and Business Continuity Plans. Settlement Agreements in Employment Disputes. The minimum wage for employers with 25 employees or less will be $12.00 per hour. This presumption, as created by Governor Newsom’s Executive Order N-62-20, was set to expire on July 5, 2020. 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. Paid Family Leave. The bill requires that the Secretary of State post notice of the certification on the homepage of its internet website. A worker with a regular schedule of less than 40 hours per week is entitled to SPSL in an amount equal to the total number of hours the worker is normally scheduled to work over a two-week period. 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. Posted on Dec. 21 2020. 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. Official site for all California legislative information allows you to search for bill information and California law (including Education Code). Previously, the CFRA and NPLA applied only to employers with 50 or 20 employees (respectively) within a 75-mile radius. The minimum wage for employers with 26 employees or more will be $13.00 per hour. Officials increased the New York City minimum wage rate … 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. 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. 91206. 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. Minimum Wage - The minimum wage will increase by a dollar on January 1, 2021. AB 278 by Assemblymember Kevin McCarty (D-Sacramento) allows the California Conservation Corps to accept applicants who are on parole. 1461, also known as the New Motor Voter Act. Can a Potential Employer Consider your Criminal History when Evaluating your Job Application? Posted in California Legislation Update. Assembly Bill 2257 substantially revises AB 5 and adds on new exemptions to the "ABC Test," including providing exemptions for business-to-business contracts, referral agencies, music industry and performers, and professional services. 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. COVID-19 Workers’ Compensation Presumption. School districts will have more power over the creation of new charter schools in their … The bill revises the conditions under which business service providers providing services pursuant to contract to another business are exempt, and the criteria for the referral agency exemption.

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