Currently, that law — which seeks to ensure equal levels of care for physical and mental health — covers only nine mental health … 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. COVID-19 Workers’ Compensation Presumption. California Minimum Wage Law 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. 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; #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. Get Laminated, All in One 2021 California Labor Poster that includes all Mandatory Postings required by DAS. 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”). COVID-19 Supplemental Paid Sick Leave. AB-685 allows Cal/OSHA to issue Orders Prohibiting Use to shut down entire worksites, or specific worksite areas, that expose employees to an imminent hazard related to COVID-19. Glendale, 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). Posted in California Legislation Update. SB-1159 takes effect immediately and remains in effect through January 1, 2023. Gun violence restraining orders: A number of new laws are aimed at keeping guns from those who are a danger to themselves or others. 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. In preparation for 2021, California employers have an abundance of new laws to decipher and comply with. Home » New Employment Laws Facing California Employers in 2021 New Employment Laws Facing California Employers in 2021. 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. September 30, 2020 is the deadline for Governor Newsom to sign into law all bills passed by the Legislature this year. 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. The training must be conducted in the language understood by the minor and his or her parent or legal guardian “whenever reasonably possible.”. 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. 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. On October 10, 2015, California Governor Jerry Brown signed into law Assembly Bill No. 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. 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. California's new privacy law, AB 375, might not burden security as much as the GDPR, but details are subject to change. 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 year, Governor Gavin Newsom signed numerous employment-related bills passed by the California Legislature. Protected Time Off for Domestic Violence, Sexual Assault, or Stalking Victims. By continuing to browse this website you accept the use of cookies. There are also other scenarios where workers are entitled to overtime in California. Civil action may not be pursued until mediation is complete, and the statute of limitations will be tolled during this process. Governor Newsom signed over 20 new … 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. 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. 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. review and revise employee handbooks to ensure that they are otherwise up to date. The staggering new … This presumption, as created by Governor Newsom’s Executive Order N-62-20, was set to expire on July 5, 2020. 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. Below is a list of new employment laws that are set to go into effect in 2021. Boards of Directors. Supreme Court Rules that Religious Schools are Exempt from Most Employment Discrimination Claims. Rest Breaks for Security Guards. Official site for all California legislative information allows you to search for bill information and California law (including Education Code). The bill requires that the Secretary of State post notice of the certification on the homepage of its internet website. 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. 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.. Sexual Harassment Training for Minors in the Entertainment Industry. The law became effective immediately, and covered employers should review and update their policies to ensure compliance with this new law. 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”). These 2020 California laws apply to every aspect of life. Compliance Assistance is the leading labor law posters provider for over 12 years. SB 1383 significantly expands the California Family Rights Act (CFRA) beginning January 1, 2021. 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 worker is prohibited from working by the hiring entity due to health concerns related to the potential transmission of COVID-19. The law also enables Cal/OSHA to issue citations for serious violations related to COVID-19 without giving employers 15-days’ notice before issuance. There are additional requirements for calculating the amount of leave due to an employee with a variable schedule. The information on this website is for general information purposes only. 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. 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. Local minimum wages may be higher. Our earlier discussion of AB 736 can be found here. 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. Statute of Limitations for Labor Code Complaints. Also, those who have been treated for … AB-979 will require that such corporations also have at least one director from an underrepresented community by the end of 2021. 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. 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. 1461, also known as the New Motor Voter Act. 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. 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). The New Parent Leave Act, which was enacted a few years ago, required employers with 20 or more employees to provide 12 workweeks of unpaid leave during any 12-month period to bond with a new child. AB 278 by Assemblymember Kevin McCarty (D-Sacramento) allows the California Conservation Corps to accept applicants who are on parole. The new laws include an extension for the amount of time before a person with a gun violence restraining order placed against them. Paid family leave will increase from six weeks to eight weeks starting on July 1, … Nothing on this site should be taken as legal advice for any individual case or situation. All of these exemptions and revisions are subject to specific requirements, as set forth in the bill. familiarize themselves with the notification requirements regarding potential exposures to COVID-19. 91206. Previously, the CFRA and NPLA applied only to employers with 50 or 20 employees (respectively) within a 75-mile radius. What is AB 685? 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. These changes go into effect as of January 1, 2021, and they replace California's terribly antiquated former homestead exemptions which provided … 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. The California Federal and State Labor Law Poster lets you be in compliance with this law. 5 New Gun Control Laws Just Took Effect in the US! Law Firms: Be Strategic In Your COVID-19 Guidance... [GUIDANCE] On COVID-19 and Business Continuity Plans. 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. 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. 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. 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. Build a Morning News Brief: Easy, No Clutter, Free! 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. “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. Settlement Agreements in Employment Disputes. Employer Pay Data Reporting Requirement. 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. 144 N Glendale AveSte 228 Employers will have 30 days from receipt of a right-to-sue letter to request mediation. 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. 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. Below is a list of new employment laws that are set to go into effect in 2021. ; Requires the California Department of Public Health (CDPH) to publicly report information on workplace outbreaks. Read about each one here. 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. 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. Here's a closer look at some that might in 2020. ... must begin to retrofit their homes with the plan set by the State Fire Marshal if they want to sell their home in 2021. These new laws impact employers of all sizes and industries. 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. 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. Under the new law, employees will have the power to use their sick leave at "their sole discretion.". Those new laws will be addressed in a separate, future Insight. Can a Potential Employer Consider your Criminal History when Evaluating your Job Application? 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. AB-1512 remains in effect only until January 1, 2027. The minimum wage for employers with 26 employees or more will be $13.00 per hour. The minimum wage for employers with 25 employees or less will be $12.00 per hour. Education. SB 855 would significantly expand the list of mental health conditions considered medically necessary under California’s state parity law. 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. California Law Welcome to the California Law section of FindLaw's State Law collection. Employers must also report the total number of hours worked by each employee in each pay band. 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. Employers with a California workforce should: Finally, employers should make sure that they are in compliance with state and local minimum wage laws. Wage and Hour 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. 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. The California Department of Water Resources is planning to recommend standards for outdoor use by 2021, the report said. 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. AB 685 (Chapter 84, Statutes of 2020) is a California law signed by Governor Gavin Newsom on September 17, 2020. Unless otherwise noted, all new laws mentioned below will take effect on January 1, 2021. schedule a free consultation. Gavin Newsom signed more than a dozen bills into law this week. Officials increased the New York City minimum wage rate … Posted on Dec. 21 2020. Statements of Information. Ammoland Inc. Posted on July 6, 2020 July 6, 2020 by AmmoLand Editor Jim Grant Governor Northam is up to … 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 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. Education. 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. Below are the highlights curated by our Employment Law Group. Notably, this bill expands employer coverage … This website uses cookies to improve user experience, track anonymous site usage, store authorization tokens and permit sharing on social media networks. COVID-19-Related Laws. The legislature responded to the COVID-19 pandemic with several new laws. 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. Share more information and 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. 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. 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… 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. 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. 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. 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. Click here to read more about how we use cookies. 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. 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. 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. There are also other scenarios where workers are entitled to overtime in California. Successorship is established upon meeting one of several factors outlined in the law. 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. CA 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). Job-Protected Family Leave. 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. 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. To embed, copy and paste the code into your website or blog: Your first step to building a free, personalized, morning email brief covering pertinent authors and topics on JD Supra: [HOT] Read Latest COVID-19 Guidance, All Aspects... [SCHEDULE] Upcoming COVID-19 Webinars & Online Programs, [GUIDANCE] COVID-19 and Force Majeure Considerations, [GUIDANCE] COVID-19 and Employer Liability Issues. 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. End of 2021 for … you 'll get more Control over your data click here to more... Minors in the US includes all Mandatory Postings required by DAS... Guidance... Your Criminal History when Evaluating your Job Application 's a closer look at some that might in 2020 wo. The Secretary of State post notice of the certification on the homepage of its internet website food workers. 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