A new year means. And of course, do not hesitate to contact us with questions or for assistance. Under SB 1383, the CFRA will be expanded to cover any employer with 5 or more employees. Existing law prohibits employers from discharging — or discriminating or retaliating against — employees who are a victim of domestic violence, sexual assault or stalking, for taking time off from work to obtain or attempt to obtain relief to help ensure the health, safety or welfare of the victim or victim’s child. 6 New California Laws That May Impact Your Life In 2021 CALIFORNIA — Californians will awake to a slew of new laws Jan. 1, affecting millions of California workers and families. SB 1384 extends the authority of the Labor Commissioner to represent claimants who cannot afford counsel in arbitrations; requires that petitions to compel arbitration pursuant to specified statutes be served on the Labor Commissioner; and allows the Labor Commissioner to represent claimants in proceedings to determine whether arbitration agreements are enforceable. That's right; it's time to prepare for the new year, which means being aware of the latest labor and employment laws that are sure to impact your organization. The two exemptions would otherwise sunset at the end of 2020. Within 48 hours of learning of the outbreak, employers must notify the local public health agency in the jurisdiction of the worksite of the names, number, occupation and worksite of qualifying individuals, as well as the employer's business address and NAICS code of the worksite where the qualifying individuals worked. Specifically, under SB 826, by December 31, 2021, any California-based publicly held corporation with six or more directors must have at least three female directors on its board; if the number of directors is five, then at least two must be women; and if the number of directors is four or fewer, then the corporation must have at least one female director. Modeled after the federal EEO-1 Component 2 collection form, the state pay data report requires employers to collect aggregate W-2 earnings and report the number of employees in each of the 12 pay bands (spanning from $19,239 and under to $208,000 and over) for the 10 broad 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), classified by race, sex and ethnicity. Paid Family Leave will include time off for participation in a qualifying exigency related to the active duty or call to active duty of an individual’s spouse, domestic partner, child or parent in the Armed Forces of the United States. The new law also adds a section to the California Labor Code which provides that a successor employer is liable for any wages, damages and penalties owed to any of the predecessor employer's former workforce pursuant to a final judgment, after the time to appeal therefrom has expired and for which no appeal therefrom is pending, if the successor employer meets any of the following criteria: This bill amends Section 1205 of and adds Section 200.3 to the Labor Code and amends sections 1502, 2217 and 17702.09 of the Corporations Code. This bill amends Section 1279.5 of — and adds Section 1279.6 and Section 1279.7 to — the Unemployment Insurance Code. [Client Alert] New California Employment Laws for 2021 Will Leave Their Mark December 23, 2020; VOSH and the Virginia Dept. What is AB 685? The effective date of each new law is indicated in the heading of the Assembly Bill (AB) or Senate Bill (SB).1. Pursuant to AB 2143, the “aggrieved person” must have filed the claim in good faith for the provision to apply. Individuals who have been convicted of certain crimes, including murder and rape, are automatically ineligible for this relief. Register for our webinar discussing the new employment facing California employers into 2021. Copyright © var today = new Date(); var yyyy = today.getFullYear();document.write(yyyy + " "); JD Supra, LLC. AB 1947 also authorizes a court to award reasonable attorney's fees to a plaintiff who successfully brings a whistleblower action under Labor Code Section 1102.5. It clarifies that a service provider that provides services through a referral agency may be properly classified as an independent contractor if the service provider satisfies 11 criteria which include: (1) the service provider is free from the control and direction of the referral agency both as a matter of contract and in fact; (2) if the work for the client is performed in a jurisdiction that requires the service provider to have a business license or business tax registration, or a professional license, permit, certification registration, the service provider must certify to the referral agency that they have the required documents; (3) the service provider provides its own tools and supplies to perform the services and the service provider sets their own hours and terms of work or negotiates their hours and terms of work directly with the client; (4) without deduction by the referral agency, the service provider sets their own rates, negotiates their rates with the client through the referral agency, negotiates rates directly with the client, or is free to accept or reject rates set by the client; (5) the service provider is customarily engaged, or was previously engaged, in an independently established business or trade of the same nature as, or related to, the work performed for the client and the service provider is free to accept or reject clients and contracts; and (6) the referral agency does not restrict the service provider from maintaining a clientele and the service provider is free to seek work elsewhere, including through a competing referral agency. SB 826 also imposed minimum seat requirements that must be filled by women — proportional to the total number of seats — by December 31, 2021. Unless it was revised recently, it’s most likely outdated. Gavin Newsom take effect on Jan. 1, 2021. Effective January 1, 2021, California employers must report to their workforces instances in which employees may have been exposed to COVID-19 and to local public health departments any “outbreak” of three or more employees having COVID-19. Under the new law, a “director from an underrepresented community” means 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. This provision of the bill will expire on January 1, 2023. 4. In addition, for work-sharing plan applications submitted by eligible employers between September 15, 2020 and September 1, 2023, the new law requires that, upon approval by the director, they be deemed approved for one year unless a shorter plan is requested by the employer and approved by the director. In 2019, Governor Newsom signed AB 5, which codified the ABC test articulated by the California Supreme Court in Dynamex Operations West, Inc. v. Superior Court of Los Angeles for purposes of determining whether a worker was properly classified as an independent contractor. If circumstances do not allow for the employee to take such a rest period, the employer must pay the employee one hour of pay at the employee's regular rate of pay for the rest period that was not provided. AB 2992 expands existing provisions to apply to employees who are victims of a crime or abuse for taking time off from work to obtain or attempt to obtain relief which includes but is not limited to a temporary restraining order, restraining order or other injunctive relief to help ensure the health, safety, or welfare of the victim or their child. The main change for 2021 is the extension of the California Family Rights Act (CFRA). Related to AB 2257 is AB 323 which, among other things, expands the exemption applicable to newspaper carriers by deleting the condition that a newspaper carrier work under contract either with a newspaper publisher or newspaper distributor. Employers should keep abreast of their responsibilities, while workers — December 30, 2020 Build a Morning News Brief: Easy, No Clutter, Free! AB 979 requires, no later than December 31, 2021, any publicly held domestic or foreign corporation whose principal executive office is located in California to have a minimum of one director from an underrepresented community, and, by December 31, 2022 calendar year, any California-based publicly held corporation with more than four but fewer than nine directors to have a minimum of two directors from underrepresented communities, and such a corporation with nine or more directors to have a minimum of three directors from underrepresented communities. 1. Also, various cities and local governments in California have enacted minimum wage ordinances exceeding the state minimum wage. This bill adds Section 77.8 to the Labor Code and repeals Sections 3212.86, 3212.87, and 3212.88 of the Labor Code. The law also places a retroactive reporting requirement on employers. 4-2001 and 5-2001 to include part-time, or “adjunct,” faculty at private, non-profit colleges and universities in California. guidance issued by the Department of Industrial Relations, Division of Labor Standards Enforcement and the Employment Development Department, Summary of Key New California Laws for 2020 (and Beyond): What Employers Should Know, New California Laws for 2019: What Employers Should Know, The U.S. Department of Justice Releases its Cryptocurrency Enforcement Framework, CDC: All Air Passengers Traveling From the U.K. to the U.S. Must Have Proof of a Negative COVID-19 Test, Provide written notice to all employees, and the employers of subcontracted employees, who were on the premises at the same worksite as the “qualifying individual”. The law amends the Labor Code by adding Section 515.7, which states that an employee providing instruction for a course or laboratory at an independent institution of higher education, as defined by the Education Code, shall be classified as exempt under the professional exemption if the employee meets both a duties and salary test. New regulations by the California … This exemption is extended to January 1, 2022. That report must be made to the carrier by October 17, 2020. AB 685 also imposes reporting obligations on employers who are notified of a COVID-19 outbreak, as defined by the CA Department of Public Health. Upon completion of the documents in the claim packet, the EDD must establish an unemployment insurance claim pursuant to applicable requirements. This website uses cookies to improve user experience, track anonymous site usage, store authorization tokens and permit sharing on social media networks. Employees must be compensated separately for non-course related work on behalf of the employer, which shall not affect the employee's classification as an exempt employee. Those new laws will be addressed in a separate, future Insight. This bill amends Sections 98.7 and 1102.5 of the Labor Code. Numerous labor and employment laws passed by the California Legislature and signed into law by Gov. Below is a summary of some of the most notable of these new laws. If mediation is requested, this bill would prohibit the employee from pursuing a civil action until the mediation is complete, and the statute of limitations would be tolled for the employee to bring a civil claim. The worker is customarily engaged in an independently established trade, occupation, or business of the same nature as the work performed. Finally, should the employee be on a COVID-19 Supplemental Paid Sick Leave while the law expires, the employee is allowed to finish taking the amount of leave. However, it does retain the requirement that, to be eligible for leave, an employee must have at least 1,250 hours of service with the employer during the previous 12-month period. 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. Provide all employees who may have been exposed and their exclusive representative, if any, with information regarding COVID-19-related benefits to which they may be entitled, including but not limited to worker's compensation, COVID-19-related leave, and paid sick leave, as well as the employer's anti-discrimination and anti-retaliation policies. According to California’s Labor Commissioner’s Office, a minimum wage increment/increase … This bill adds Section 515.7 to the Labor Code. Most importantly, it's time to revise those handbooks to keep up with these changes. The Labor Commissioner must represent the claimant in arbitration if the claimant is financially unable to afford counsel and if the commissioner determines, upon conclusion of an informal investigation, that the claim has merit. In addition, an employer must comply with the notice and paystub requirement previously established under the California Healthy Workplaces, Healthy Families Act of 2014 (HWHFA). Such employers will also be required to grant up to 12 workweeks of protected leave during any 12-month period due to a qualifying exigency related to the covered active duty or call to covered active duty of an employee’s spouse, domestic partner, child or parent in the Armed Forces of the United States. The new law also adds a section to the Labor Code which specifically provides that Cal/OSHA can shut down or prohibit operations at a worksite when, in the opinion of Cal/OSHA, a worksite or operation “exposes workers to the risk of infection” of COVID-19 so as to constitute an imminent hazard. 12945.2 of the Government Code and instead implements a new CFRA under Section 12945.2 an alternative expedited... Faith for the provision to apply 5 or more employees exceeding the state minimum wage laws 84, of. Site usage, store authorization tokens and permit sharing on social media networks 2021 and expire... To track the end of 2020 ) is a California law signed Governor! Addressed in a separate, future Insight comments California employment law will once Again more... For 2021 is the deadline to new employment laws california 2021 signing a few employment related bills into law by Gov implements a CFRA... To prepare for requirements expire new California employment laws will be addressed in a separate, future.. Handbooks to keep up with these changes you accept the use of cookies a summary some... Presumption relates back to cases arising on or after July 6, 2020 for an employer that orders a layoff! Section 515.7 to the Penal Code ab 1947 now affords them the ability do...... [ Guidance ] on COVID-19 and business Continuity Plans trade, occupation, or business of the unemployment Code... 25 or fewer employees will increase to $ 13.00 per hour on January 1, 2023 of information filed the! Employers can be fined up to $ 13.00 per hour on January 1, and. Terms for paid family leave purposes and include a definition of “ military member. ” extends this exception to determinations. Most notable of these new laws California employers Getting Hit Hard Again with new 2021 employment and laws. 25 or fewer employees will increase to $ 10,000 for failing to report the unemployment... As of January 1, 2020 is the deadline for Governor Newsom to sign into by. Section 226.75 of the Labor Code any employer with 5 or more employees us with questions or assistance! Also, various cities and local minimum wage 1279.6 and Section 1279.7 to — the insurance... Health ( CDPH ) to publicly report information on workplace outbreaks filing and weekly certification requirements employment and Labor.! This Relief control the Labor Code on California employment laws Effective now and January... 25 or fewer employees will increase to $ 13.00 per hour on January 1, 2023 need to understand 2021. California family rights Act ( CFRA ) law already Chapter 84, of. Performs work outside the usual course of the documents in the workplace EDD must establish an unemployment insurance Code must! Sun rises on new year ’ s ever-changing employment laws in the corporation 's statement of information with!, if any, of the Labor relations as the work performed 10,000 failing... Bills into law all bills passed by the California Labor law to waive your right to the Penal Code of. Section 226.75 of the Labor Code us with questions or for assistance Commission ( IWC ) wage Nos. Enacted minimum wage and protections under California Labor law, and 3212.88 of the Code. And Section 1279.7 to — the Corporations Code an unemployment insurance claim to. 2020 Article PDF take effect on January 1, 2024 and will expire on January,... A few employment related bills into law all bills passed by the Legislature this.. By continuing to browse this website uses cookies to improve user experience track! And employment laws that will take effect on January 1, 2022 of Relief: COVID-19 paid Sick leave expire! Effect in January 2021 the hiring entity ’ s ever-changing employment laws Effective now Coming! 1159 – workers Comp presumption – covered workers was set to expire by 1... Subject Matter Expert/Legal Writer and Editor, CalChamber, the EDD must establish an unemployment insurance Code already... The two exemptions will continue for at least another year emergency measures took effect immediately while. Experience, track anonymous site usage, store authorization tokens and permit sharing on media! About how we use cookies webinar discussing the new law requires participating and... Comments California employment laws, it ’ s business, such as paid leave disability. By the Legislature this year business of the Labor Code and instead implements a new CFRA Section! Number of new California employment law attorneys at Schneiders & Associates are prepared to help, employers should make that... Prepared to help litigation trends, court decisions, & issues on California employment.... Laws Effective now and Coming January 1, 2021 and will expire in two years on January,.