Read about each one here. This means that employers no longer have a “15-day window” to respond to the notice with evidence to support their defense before a citation can be issued. 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. SB 1384 adds two new subparts to Section 98.4, which provide that: This bill amends Section 98.4 of the Labor Code. AB 1512 permits employers to require their unionized security officers to take on-duty rest breaks: i.e., to remain on the premises during rest breaks; remain on call during rest breaks; and carry and monitor a communication device during rest breaks. Below is a list of new employment laws that are set to go into effect in 2021. Law Firms: Be Strategic In Your COVID-19 Guidance... [GUIDANCE] On COVID-19 and Business Continuity Plans. What qualifies as an outbreak depends on the size of the employer. This exemption is extended to January 1, 2022. Gavin ⦠Key Points: Numerous new California laws going into effect on January 1, 2021 (or earlier), will impact employers and employees. Operates a business in the same industry and the business has an owner, partner, officer or director who is an immediate family member of any owner, partner, officer or director of the predecessor employer. SB 1383 also requires that an employer who employs both parents of a child grant up to 12 weeks of leave to each employee, whereas the old CFRA allowed an employer to only grant a total of 12 weeks to such employees. (a) By January 1, 2021, an employer having five or more employees shall provide at least two hours of classroom or other effective interactive training and education regarding sexual harassment to all supervisory employees and at least one hour of classroom or other effective interactive training and education regarding sexual harassment to all nonsupervisory employees in California. Segment one includes abortion, housing, firearms, domestic partnership, ⦠The worker is free from the control and direction of the hiring entity in connection with the performance of the work, both under contract for the performance of the work and in fact. Posted on Dec. 21 2020. This presumption relates back to cases arising on or after July 6, 2020. The worker performs work outside the usual course of the hiring entity’s business. In this video, I discuss five key new laws facing California employers: Five new laws California employers need to understand for 2021. Specific place of employment means the building or facility where the employee performs work at the employer’s direction and does not include the employee’s home or residence. Among other things, the new law requires participating employers and employees to meet the required unemployment insurance claim filing and weekly certification requirements. New California Laws 2021 (part 12) California New Laws 2021 Sacramento, CA â Part 12 of New California laws for 2021 includes income taxes, property insurance, prescription drugs, mental ⦠This bill amends sections 6325 and 6432 of the Labor Code and adds section 6409.6 to the Labor Code. 4-2001 and 5-2001 to include part-time, or “adjunct,” faculty at private, non-profit colleges and universities in California. This bill repeals Labor Code section 2750.3, adds section 2775 through 2787 to the Labor Code, and amends and adds several sections of the Revenue and Taxation Code. Such employers will be required to grant employees 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. As a reminder, the minimum wage in California is increasing to $14.00 per hour on January 1, 2021, for employers with 26 or more employees based on previous legislation signed by Governor Brown in 2015. Also for the first time, employers will be required to grant family leave to employees to care for their ill grandparent, grandchild or sibling. The two exemptions would otherwise sunset at the end of 2020. This factor does not apply to employers who maintain the same workforce pursuant to Chapter 4.5 (commencing with Section 1060) of Part 3. On March 17, 2020, Governor Gavin Newsom issued Executive Order N-31-20, addressing the California Worker Adjustment and Retraining Notification (WARN) Act (Lab. 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. Provide notice to all employees, the employers of subcontracted employees, and the exclusive representative, if any, of the disinfection and safety plan that the employer plans to implement and complete, per CDC guidelines. Most of the changes were revisions for grammar and consistency, but there are five minor updates – not specific to the employment context – discussed in our prior alert. 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. While a majority of the laws go into effect on January 1, 2021, some laws ⦠California Employment Law Alert: New Employment Laws Effective On or Before January 1, 2021 Posted on December 18, 2020 by Laura P. Worsinger , Allison M. Scott California employers ⦠Previously, employees were eligible for unemployment benefits if they worked less than their usual weekly hours as a result of the employer's participation in a work-sharing plan that met specified requirements and had been approved by the Director of Employment Development. In addition, it eliminates the requirement that Cal/OSHA provide to the employer its notice of intent (1BY) to issue a “serious violation” citation for COVID-19 related hazards. September 30, 2020 is the deadline for Governor Newsom to sign into law all bills passed by the Legislature this year. AB 3075 expands the information corporations must include in the corporation's statement of information filed with the California Secretary of State. Discrimination, Harassment & Retaliation Mandatory Minority Representation on Your Board of ⦠This bill repeals sections 12954.6 and 12945.2 of the Government Code and instead implements a new CFRA under section 12945.2. The latest litigation trends, court decisions, & issues on California Employment Law. Employers who operate petroleum facilities must also include, as part of the itemized wage statement they are required to furnish pursuant to Section 226(a) of the Labor Code the total hours or pay owed to an employee covered by Section 226.7 on account of a missed rest period. AB 1867 requires the DFEH to create a small employer family leave mediation pilot program which would authorize a small employer or the employee to request all parties to participate in mediation through the DFEH’s dispute resolution division. This bill adds section 1720.8 to the Labor Code. The worker is customarily engaged in an independently established trade, occupation, or business of the same nature as the work performed. 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. AB 685 (Chapter 84, Statutes of 2020) is a California law signed by Governor Gavin Newsom on September 17, 2020. 12950.1. AB 2399 will revise defined terms for paid family leave purposes and include a definition of “military member.”. New California Laws 2021 (part 11) California New Laws 2021 Sacramento, CA â Part 11 of New California laws for 2021 includes arbitration, rail services, school facilities, immunizations, medicare supplement, employee wages, advertising, sexual harassment training, Medicare ⦠A claimant unable to have their claim adjudicated and decided by the Labor Commissioner under Sections 98 and 98.1 as the result of a court order compelling arbitration may request that the Labor Commissioner represent the claimant in arbitration. Provide written notice to the exclusive representative (union), if any, of the employees above. Under AB 685, private and public employers who receive notice of a potential exposure to COVID-19 must do the following within one business day: The written notice provided to employees may include, but is not limited to, personal service, email or text message if it can reasonably be anticipated to be received by the employee within one business day of sending and shall be in both English and the language understood by the majority of the employees. Under current law, an employer may not enter into an agreement that restricts an “aggrieved person” from working for the employer against which the “aggrieved person” has filed a claim. 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 laws — some of which were signed into law just weeks ago — address several topics including sick leave, worker classification, employee leave, workers’ compensation, safety regulation enforcement, wages and unemployment insurance. The written report must include the same information, except instead of reporting the information in item 4 above, the employer must calculate the highest number of employees who reported to work at the specific place of employment between July 6 and September 17. AB 2765 expands the definition of “public works” for these purposes to include any construction, alteration, demolition, installation or repair work done under private contract on a project for a charter school when the project is paid for with the proceeds of certain bonds. It repeals Labor Code section 2750.3 which was enacted as a result of AB 5 and adds new sections 2775 through 2787 of the Labor Code. Any company that doesn’t comply with these requirements will face significant financial penalties consistent with the penalties previously implemented under SB826, including a $100,000 penalty for failing to timely file board member information with the Secretary of State pursuant to to-be-adopted regulations; a $100,000 penalty for the first violation of the new law; and a $300,000 penalty for the second and any subsequent violation. Finally, when employed under a collective bargaining agreement (CBA), the faculty member must be paid pursuant to that CBA if the classification of employment in a professional capacity is expressly included in the CBA in clear and unambiguous terms. 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. What California Employers Need To Know About Cal/OSHA’s COVID-19 Emergency Temporary Standards, California’s New Pay Data Reporting Requirements, Five Employment Law Changes Employers Can Expect Under a Biden Administration, AB 685 Requires Employers To Provide Notice to Employees and Local Health Departments About COVID-19 In The Workplace, notice of suspeced or confirmed COVID-19 cases in the workplace, California’s Supplemental Paid Sick Leave, which took effect in September 2020 (read more about, AB 685 requiring employers to provide notice of suspected or confirmed COVID-19 in the workplace, effective on January 1, 2021 (read more about. With the new year, the California minimum wage will increase again. Under the new law, if a security officer's on-duty rest period is interrupted (i.e., the officer is called upon to return to performing the active duties of their post prior to completing the rest period), the officer must be permitted to restart the rest period as soon as practicable. For any positive test occurring on or after September 17, 2020, an employer must, within three business days of learning that an employee has tested positive for COVID-19, report to its workers’ compensation carrier in writing, sent via email or fax, all of the following information: an employee tested positive for COVID-19 (but without providing any personally identifiable information regarding the employee unless the employee asserts the infection is work-related or has filed a workers’ compensation claim); the date the employee tests positive, which is the date the specimen was collected for testing; the specific address(es) of the employee’s “specific place of employment”5 during the 14-day period preceding the date of the employee’s positive test; and the highest number of employees who reported to work at the employee’s specific place of employment in the 45-day period preceding the last day the employee worked at each specific place of employment. 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. The new law also mandates that the EDD mail to eligible employers a claim packet for each participating employee within 5 business days following approval of the application, and make online claim forms available to the approved employer for each participating employee within five business days following approval of the application if the employer submitted its work-sharing plan application online. Should the FFCRA be extended, the COVID-19 Supplemental Paid Sick Leave will also be extended to track the end date of the FFCRA. SB 1159 – workers’ compensation presumption regarding COVID-19 in the workplace, which took effect on September 17, 2020, SB 1383’s expansion of California Family Leave Rights Act (CFRA) leave to employers with 5 or more employees, effective January 1, 2021, and. Instead, those exempted industries/professions were to continue to be subject to the factors articulated by the California Supreme Court in 1989 in Borello & Sons, Inc. v. Department of Industrial Relations and other contractor classification criteria in the statute. The most significant laws include new obligations to report employee pay data, an expansion of protected leave under the California Family Rights Act, additional exemptions to California's worker classification law ⦠Small Employer Family Leave Mediation Pilot Program: The California Department of Fair Employment and Housing (DFEH) has, among other things, the power to investigate, mediate and prosecute complaints by employees or former employees under FEHA. Specifically, AB 3075 requires a corporation to include whether any officer or director, or in the case of a limited liability company, any member or manager, has an outstanding final judgment issued by the Division of Labor Standards Enforcement or a court of law, for which no appeal therefrom is pending, for the violation or provision of the Labor Code. In other words, an employer must provide an employee with written notice that sets forth the amount of paid sick leave available for use on either the employee’s itemized wage statement or in a separate writing provided on the designated pay date with the employee’s payment of wages. Upon a claimant's request, the commissioner has the right to represent the claimant in proceedings to determine the enforceability of the arbitration agreement, notwithstanding whether the adjudication of the enforceability of the arbitration agreement is conducted in a judicial or arbitral forum. If you have a gun-violence restraining order, youâll be prohibited from buying a firearm for up to five ⦠Pursuant to AB 2143, the “aggrieved person” must have filed the claim in good faith for the provision to apply. A “qualifying individual” is a person who: 1) has a laboratory-confirmed case of COVID-19; 2) has a positive COVID-19 diagnosis from a licensed health care provider; 3) has been ordered to isolate due to COVID-19; or 4) has died due to COVID-19. Unless otherwise indicated, each of the following new laws will take effect on Jan. 1, 2021. AB 685 prescribes notice requirements on employers in the event of a COVID-19 exposure in the workplace, enhances reporting requirements to local health authorities in the event of a COVID-19 outbreak, and expands the Division of Occupational Safety and Health of California’s (Cal/OSHA) authority to shut down worksites deemed to be an “imminent hazard” due to COVID-19 and issue “serious violation” citations. 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. 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. Employers must also report total hours worked by each employee within a given pay band during the reporting year. This bill amends Sections 230 and 230.1 of the Labor Code. The changes expand CFRAâs footprint ⦠It provides that in addition to the Attorney General of the State of California and certain City Attorneys, District Attorneys may now prosecute an action for injunctive relief for non-compliance with AB 2257. Employers with multiple establishments must submit a report for each establishment as well as a consolidated report that includes all employees. AB1281, which amends Section 1798.145 of the Civil Code and was approved by Governor Newsom on September 29, 2020, extends the exemptions under the California Consumer Privacy Act (CCPA) for personal information collected and shared in the employment and business-to-business contexts through December 31, 2021, if the California Privacy Rights and Enforcement Act (CPRA) — which is on the November 3 ballot and contains the same extensions, but through 2022 — does not pass. SB 1383 â California Family Rights Act (Effective Jan. 1, 2021) SB 1383 repeals the California New Parent Leave Act (NPLA) and California Family Rights Act (CFRA), and instead ⦠This website uses cookies to improve user experience, track anonymous site usage, store authorization tokens and permit sharing on social media networks. Under this new law, employers (with five or more employees) must report certain information to their workers’ compensation carrier once they know or reasonably should know an employee has tested positive for COVID-19, assuming the employee has been onsite at an employer’s location in the 14 days prior to the employee testing positive (which is the day the employee took the test, not when the employee received the results). All employers with operations in California should be aware of these new laws, understand how these laws may affect their operations and consult with counsel to address any compliance questions. Uses substantially the same facilities or substantially the same workforce to offer substantially the same services as the predecessor employer. Five Employment Law Changes Employers Can Expect Under a Biden Administration AB 685 Requires Employers To Provide ⦠6 New California Laws That May Impact Your Life In 2021 - Los Angeles, CA - Hundreds of bills were signed into law in 2020. 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. AB 1867 packs three unrelated laws into one bill: supplemental paid sick leave for employers with 500 or more employees nationwide; handwashing requirements for food employees working in any food facility; and small employer family leave mediation pilot program under the California Fair Employment and Housing Act (FEHA). California's 2021 Housing Laws: What You Need to Know Although 2020 was a largely dismal session for laws intended to expand housing production and streamline CEQA, important ⦠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 ⦠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. 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 security officer must be paid one additional hour of pay at their regular base hourly rate. This bill also extends COVID-19 Supplemental Paid Sick Leave to non-food sector employees such that sick leave must be provided to all employees who leave their homes or place of residence to perform work and who work for employers that have 500 or more employees nationwide. Employs as a managing agent any person who directly controlled the wages, hours or working conditions of the affected workforce of the predecessor employer (the term managing agent has the same meaning as in subdivision (b) of Section 3294 of the Civil Code). AB 736 expands the professional exemption under Industrial Wage Commission (IWC) Wage Order Nos. New California Employment Laws in 2021 The new year is right around the corner, so we thought it might be a good time to dive into some of the new labor laws on Californiaâs docket for 2021. Executive Order N-62-20 covered all California employees who worked at a jobsite outside their home at the direction of their employer between March 19 and July 5, 2020. SB 826 also imposed minimum seat requirements that must be filled by women — proportional to the total number of seats — by December 31, 2021. A petition to compel arbitration of a claim that is pending under Section 98, 98.1 or 98.2 must be served on the Labor Commissioner. 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. It makes some key changes to the Business Service Providers (i.e., business-to-business) Exemption as follows: (a) expands contracting business to include services provided to a public agency or quasi-public corporation; (b) clarifies that the criteria of providing services directly to the contracting business rather than to customers of the contracting business does not apply if the business service provider’s employees are solely performing the services under the contract under the name of the business service provider and the business service provider regularly contracts with other businesses; (c) specifies the written contract for services must state the payment amount, including any applicable rate of pay, for services to be performed, as well as the due date of payment for such services; (d) the business service provider’s business location may include the business service provider’s residence; and (e) the business service provider can contract (vs. actually contracts) with other businesses to provide the same or similar services and maintains a clientele without restrictions from the hiring entity. Employers who wished to participate in a work-sharing program were required to submit to the director a signed, written work-sharing plan application form that met specified requirements. 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. Employers may mandate this rule only if the collective bargaining agreement expressly provides for the employees' wages, hours of work, working conditions, rest periods, final and binding arbitration of disputes concerning application of the rest period provisions, premium wage rates for all overtime hours worked, and a regular hourly rate of pay of not less than one dollar more than the state minimum wage rate. Upon completion of the documents in the claim packet, the EDD must establish an unemployment insurance claim pursuant to applicable requirements. Here are a handful of them that may affect you the most. Also, various cities and local governments in California have enacted minimum wage ordinances exceeding the state minimum wage. This bill amends section 233 of the Labor Code. To meet the duties test, the employee must be primarily engaged in an occupation that is commonly recognized as a learned or artistic profession and must customarily and regularly exercise discretion and independent judgment about the performance of his/her duties. AB 1731 requires the director to accept an application to participate in, or renew participation in, the work-sharing program that is submitted electronically and requires the Employment Development Department (EDD) to create a portal on its internet website for the provision and receipt of such applications. Under SB 1383, the CFRA will be expanded to cover any employer with 5 or more employees. In enacting AB 1512, the Legislature recognized that security officers must be able to respond to emergency situations without delay and call for assistance from police, fire or ambulance services when necessary. This bill also contains a broad definition of “immediate family member” to include “any other individual whose close association with the employee is the equivalent of a family relationship” as described. This bill adds Section 515.7 to the Labor Code. This bill also creates a new rebuttable presumption — which relates back to cases of workers’ compensation coverage if there was a COVID-19 “outbreak” at the employee’s place of employment. Labor Code Sections 1401(a), 1402 and 1403 (the key provisions of the CA WARN Act addressing required notice to employees) has been suspended to permit employers to act quickly in order to mitigate or prevent the spread of coronavirus, subject to satisfaction of certain conditions. 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. Law signed by Governor gavin Newsom signed more than a dozen bills into law this week a Morning News:! Retroactive reporting requirement applies regardless of whether you believe the employee contracted COVID-19 at work includes all.. Employers to report the required information or providing false or misleading information same as... The reporting year thereâs a hefty ⦠new California Employment laws that are set to go into effect in.! Or business of the FFCRA 5 or more employees amends Section 1279.5 —... Program expires as of January 1, 2021 to ab 2143 also extends this exception include. Of January 1, 2021: this bill amends Section 98.4 of the FFCRA be,... 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