Unless otherwise stated, the new laws take effect January 1, 2021. 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 Uses substantially the same facilities or substantially the same workforce to offer substantially the same services as the judgment debtor. SB 1159: COVID-19 Workers’ Compensation Under the new CRFA, employees are eligible for up to 12 workweeks of unpaid protected leave during any 12-month period to: This is a notable development in that small businesses will now need to get up to speed on all these new CRFA requirements come January 1st. Also, by the end of calendar year 2022, that number must increase to a minimum of: The bill defines “director from an underrepresented community” as “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 Friday’s Five is a quick overview of about AB 685 and SB 1159, and information about my firm’s webinar reviewing key California employment laws signed by the Governor (and other employment law updates). Making important contractual changes to business-to-business exemptions. Bond with a newborn child or newly adopted or placed foster child. SB 1159 takes effect immediately (September 17, 2020) and expires on January 1, 2023. AB 2017 amends this law by giving the employee the right to designate the reason for which they use their available sick leave “at their sole discretion.”, Existing law prohibits an employer from discharging, discriminating against, or retaliating against victims of domestic violence, sexual assault, or stalking for taking a leave of absence. 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 California’s docket for 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 California’s docket for 2021. Buy California Employment Laws, 2021 ed. As we continue to weather the coronavirus pandemic, employers are still wondering what the proper protocol is when learning that one of their employees has been infected with COVID-19. SB 1159 – Workers Comp Presumption – Covered Workers. If an employer receives a notice of potential exposure to COVID-19, the employer must within one day provide written notice to all employees and subcontracted employee who were on the premises at the same worksite within the “infectious period.”  The notice must contain information about what COVID-19 related benefits the employee is entitled to under federal, state, and local laws, and the employer’s disinfection and safety plan. AB 979 – which was signed earlier this year – functions similarly in that it will require California-based corporations to have a minimum of one director from an underrepresented community on their board no later than December 31, 2021. Several new or amended employment laws take effect in California on January 1, 2021, including mandatory child abuse reporting, expanded crime victim leave, and increased minimum wages and exempt employee salaries. By the end of the 2021 calendar year, publicly traded corporations with principal executive offices in California must increase the number of female directors from one to at least two or three female board members depending on the size of the board, and also have at least one director from an “underrepresented community,” defined as, “an individual who self-identifies as Black, African … If there are five seats, there must be at least two female directors, and if there are four or fewer seats, there must be at least one female director.Â. Such employees must be available to respond immediately to emergencies by staying on the premises and carrying a communication device during rest periods. SB 1159 sets forth specific types of workers that the law covers (such as active firefighting members, Department of Forestry and Fire Protection, peace officers, and fire and rescue service coordinators). In this post, we discuss the different type of claims covered under California labor and employment laws. SB 1383’s expansion of California Family Leave Rights Act (CFRA) leave to employers with 5 or more employees, effective January 1, 2021, and. Under this law, the illness is considered an occupational injury and is eligible for workers’ compensation benefits if the specified criteria are met. No one can deny that society as a whole has come a long way in terms of how we view sexism in the workplace. Author: Regina Silva. Specifically, the information will now have to include whether "any officer or any director, or, in the case of a limited liability company, any member or any manager" has an outstanding final judgment that was issued by the Division of Labor Standards Enforcement or a court of law for the violation of any wage order. AB 2765 — Public Works: Prevailing Wages (Effective Jan. 1, 2021) California law requires that generally no less than the general prevailing rate of per diem wages be paid to workers employed on public works. 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. Yesterday, the Governor signed AB 685 and SB 1159 into law. This bill went into effect on September 17, 2020 and will remain in effect until January 1, 2023. California Passes New Employment Laws for 2021 Numerous employment-related bills were passed in California in 2020 to provide workers with COVID-19 protections and expand family leave. SB 973 will require California private employers with 100 or more employees to submit a pay data report to the Department of Fair Employment and Housing (DFEH) on or before March 31, 2021, and every year thereafter. AB 2765 expands This webinar is essential for company executives and human resources personnel in learning what the employment landscape and employer obligations are for the remainder of 2020 and into 2021. Employers with California operations will want to take note, … A number of new employment laws in California will take effect on January 1, 2021. A number of new employment laws in California will take effect on January 1, 2021. There are several new 2021 California employment laws of which employers must be aware, as they may affect daily business operations, policies and employees. Providing clarification on criteria that must be met by a worker who provides services through a referral agency. The report must include information regarding the number of employees within the company (classified by race, ethnicity, and gender across various job categories) and the total hours worked by each employee within a each pay band during the reporting year. December 16, 2020. AB 2537 requires public and private employers to supply their hospital workers – specifically those who provide direct patient care or services that directly support personal care – with personal protective equipment. On Dec 16, 2020 Several new or amended employment laws take effect in California on January 1, 2021, including mandatory child abuse reporting, expanded crime victim leave, and increased minimum wages and exempt employee salaries. According to SB 826, that number must increase in proportion to the corporation’s total number of seats by December 31, 2021. Employers also cannot force you to waive your right to the protections of California labor law. Reserve your seat early as the webinar has a limited number of registrants, and this event is likely to hit our maximum capacity (clients of the Firm will receive priority for attendance). Palmer Kazanjian. For California businesses, 2020 will be a year of reckoning. The worker must be free from the control and direction of the hirer in connection with the performance of the work. Contact Our Office For A Free Case Review, Care for themselves or a family member, which is now defined as a. Employs as a managing agent, any person who directly controlled the wages, hours, or working conditions of the affected workforce of the judgment debtor. AB 685 – Local Health Department notice requirements. Employees can use the leave to manage their own serious health condition, or that of a family member. New California Employment Laws Effective in 2020 and 2021. California has arguably the most pro-worker employment laws in the country. Each of the new laws discussed below is effective as of January 1, 2021, unless otherwise noted. SB 1383 significantly expands the California Family Rights Act (CFRA) beginning January 1, 2021. Under current law, employees may use up to half of their accrued sick leave to care for a family member, which is known as California’s “Kin Care” law (Labor Code section 233). The expansion means as of January 1, 2021, most employers in California must provide employees who have worked for at least a year and 1,250 hours in the year before the leave with 12 weeks of unpaid, job-protected leave. This factor does not apply to employers who maintain the same workforce pursuant to Chapter 4.5 (commencing with Section 1060) of Part 3. Companies with CA employees are advised to update applicable policies and procedures. 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 judgment debtor. What follows is a summary of the most significant changes to California employment laws for 2021. Moreover, since the new definition of “family members” expands beyond what is covered under the federal Family and Medical Leave Act (FMLA), some businesses may have to administer CFRA and FMLA separately, meaning that certain employees may be entitled to take up to 24 weeks (i.e. Adding to the unprecedented challenges and changes seen in 2020, a myriad of new laws face California employers in 2021. On January 1, 2021, various new and amended employment laws will go into effect in California. Since its enactment, there have been over 30 proposed bills seeking to modify or repeal it. AB 979 is modeled after SB 826, which was passed in 2018 and added Section 301.3 to the California Corporations Code, requiring publicly traded companies with principal executive offices in California to place at least one female director on their board by December 31, 2019. California lawmakers and courts continued to revise and clarify a number of employment laws in 2020, and enact new statutes and regulations for 2021. SB 1383 – which takes effect January 1, 2021 – will significantly expand the coverage and scope of the California Family Rights Act (“CFRA”), which currently requires employers with 50 or more employees to provide 12 workweeks of unpaid, job-protected family or medical leave to its workers.Â. California employers with as few as five employees must provide family and medical leave rights to their employees under a new law signed by Governor Gavin Newsom on September 17, 2020. Novato (3 tiered Minimum Wage) $15.24 per hour for very large At the end of the 2019-20 legislative session, California Governor Gavin Newsom signed a number of new bills into law. Sacramento, CA – Part 12 of New California laws for 2021 includes income taxes, property insurance, prescription drugs, mental health, communicable diseases data collection and more. For those who need a refresher, AB 5 was signed into law by Governor Newsom in 2019, which adopted the so-called “ABC Test” in order to determine whether a worker could be properly classified as an independent contractor if they met the following criteria:Â. 3. Effective January 1st, 2021, this bill expands the information business entities must include in their statement filed with the California Secretary of State. Five new laws California employers need to understand for 2021. New Employment Laws for 2021 The following employment laws are effective in California beginning January 1, 2021, unless otherwise specified as an urgency statute. 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 … My firm is conducting a webinar on October 2, 2020  at 10 a.m. to review the critical new laws signed by the Governor (including more details about AB 685 and SB 1159), recap other COVID-19 employment legal requirements in place on the Federal, state, and local levels, and provide some other reminders about minimum wage increase and sexual harassment training requirements in 2021. The bill also expands the nature of relief obtained during a leave of absence to include seeking medical attention for injuries caused by crime or abuse, obtaining psychological counseling, attending judicial proceedings, or to participating in safety planning. New California employment laws (2021) Independent contractors The “ Save Local Journalism Act ” gives newspaper publishers a one-year extension until they have to reclassify newspaper carriers as independent contractors under the ABC rule passed last year. The bill does set forth that the “place of employment” does not include an employee’s residence if they are working at home. SB 1159 – Workers’ Compensation COVID-19 Presumption. No later than January 1, 2022, these institutions will need to comply with certain requirements designed to make it easier for students to report sexual harassment and assault, including providing students with notice of their rights and information on how to report incidents and ensuring adequate training for school officials involved. So, for example, if a corporation has six or more directors on its board, there must be at least three female directors among them by the end of 2021. "New Laws, Old Problems, Innovative Solutions for Businesses" ‍ Presented by HSMAI & HFTP Los Angeles As the new year approaches, employers continue to wrestle with changes in California and federal employment laws, many of which significantly affect daily business operations. It also amends Labor Code Section 1102.5 by allowing plaintiffs who successfully bring a whistleblower retaliation claim pursuant to the code to recover reasonable attorney’s fees. SB 973’s requirement for employers to report pay data to the state of California starting in March 2021. Nov 3, 2020 | Human Resources. Beginning January 1, 2021, AB 1947 extends that time to one year.Â. 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 California’s docket for 2021. Prior to the Governor’s approval of the new legislation, only employees victimized by domestic violence, sexual assault or stalking were entitled to such protections. California lawmakers and courts continued to revise and clarify a number of employment laws in 2020, and enact new statutes and regulations for 2021. AB 685 delineates an employer’s obligations by prescribing notice requirements in the event of a COVID-19 exposure in the workplace, requiring them to provide notice to employees and subcontractor employers within one business day of a potential COVID-19 exposure. All laws discussed in this post go into effect on January 1, 2021, unless otherwise noted. AB 685: COVID-19 Reporting AB 685 requires employers to notify workers of potential exposure to COVID-19 and SB 1159 creates a presumption that a covered worker who contracted COVID-19 contracted the virus at work and it is work related illness for workers compensation purposes. This is essentially a state level version of the federal Employer Information Report (EEO-1) and will serve to authorize the DEFH to oversee pay data and monitor any instances of alleged pay discrimination within California-based companies. That amount must increase to two or three female board members by the end of 2021 , depending on the size of the board. Register for our webinar discussing the new employment facing California employers into 2021. September 30, 2020 is the deadline for Governor Newsom to sign into law all bills passed by the Legislature this year. The new coverage will also provide much more inclusive family and medical leave rights by expanding the definition of “family members” to include domestic partners, grandparents, grandchildren, adult children, and siblings. Under the new law, ff the employer is notified of a number of COVID-19 cases that meet the definition of a COVID-19 outbreak as defined by the State Department of Public Health, the employer has 48 hours to notify the local public health agency. California Employment Laws Taking Effect January 1, 2021. The bill also expands the Division of Occupational Safety and Health of California’s (Cal/OSHA) authority to shut down operations at a worksite if – in the opinion of Cal/OSHA– the worksite or operations expose “workers to the risk of infection” of COVID-19 so as to constitute an imminent hazard. 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