This bill amends Sections 98.7 and 1102.5 of the Labor Code. ; Requires the California Department of Public Health … 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. AB 2399 will revise defined terms for paid family leave purposes and include a definition of “military member.”. 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. COVID-19 Effective immediately, AB-1867 requires that employers with 500 or more employees … SB 973—Mandatory Pay … Key Points: Numerous new California laws going into effect on January 1, 2021 (or earlier), will impact employers and employees. The California legislature passed a series of new laws which real estate brokers and agents should be aware of as the industry moves into the new year. AB 1731 creates an alternative, expedited process by which employers may apply to and participate in California's work-sharing program. This website uses cookies to improve user experience, track anonymous site usage, store authorization tokens and permit sharing on social media networks. AB 685 (Chapter 84, Statutes of 2020) is a California law signed by Governor Gavin Newsom on September 17, 2020. These new requirements and other changes to the California Family Rights Act (CFRA) become effective January 1, 2021… 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 … 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. 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. Unless otherwise indicated, each of the following new laws will take effect on Jan. 1, 2021. The bill also requires the Employment Development Department to provide DFEH, upon its request, as specified, with the names and addresses of all businesses with 100 or more employees and authorizes the DFEH to seek an order requiring non-reporting employers to comply with SB 973. Law Firms: Be Strategic In Your COVID-19 Guidance... [GUIDANCE] On COVID-19 and Business Continuity Plans. Employers can be fined up to $10,000 for failing to report the required information or providing false or misleading information. Uses substantially the same facilities or substantially the same workforce to offer substantially the same services as the predecessor employer. AB 2479 extends until January 1, 2026, the exemption from rest period requirements for specified employees who hold a safety-sensitive position at a petroleum facility, to the extent those employees are required to carry and monitor a communication device, such as a radio or pager, and to respond to emergencies, or are required to remain on their employer's premises to monitor the premises and respond to emergencies. Copyright © var today = new Date(); var yyyy = today.getFullYear();document.write(yyyy + " "); JD Supra, LLC. 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. By continuing to browse this website you accept the use of cookies. Five new laws California employers need to understand for 2021. Under the new law, when a nonexempt employee covered by Section 226.7 of the Labor Code is affirmatively required to interrupt their rest period to address an emergency, the employer must authorize the employee to take another rest period reasonably promptly after the circumstances that led to the interruption have passed. 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. AB 2147 allows certain individuals with criminal convictions who have been released from custody and completed the California Conservation Camp program to have their convictions expunged. 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. SB 1384 adds two new subparts to Section 98.4, which provide that: This bill amends Section 98.4 of the Labor Code. Discrimination, Harassment & Retaliation Mandatory Minority Representation on Your Board of … 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 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 … 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. (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. AB 2143 also extends this exception to include determinations of criminal conduct. 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. Governor Newsom signed SB 1383 into law on September 17, 2020, amending the California Family Rights Act (CFRA) effective January 1, 2021. This bill adds Section 515.7 to the Labor Code. If you have a gun-violence restraining order, you’ll be prohibited from buying a firearm for up to five … This bill amends Section 226.7 of the Labor Code. 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. AB 1947 now affords them the ability to do so. A guide to the new California labor laws in 2021 The new year brings new legislation across the US, and this includes California labor laws. New California Laws 2021 (part 12) California New Laws 2021 Sacramento, CA – Part 12 of New California laws for 2021 includes income taxes, property insurance, prescription drugs, mental … In addition, on August 14, 2020, the California Attorney General announced that the state’s Office of Administrative Law (OAL) had approved the CCPA implementing regulations, which became effective immediately. Under AB 2992, “victim” includes: a victim of stalking, domestic violence, or sexual assault; a victim of a crime that caused physical injury or that caused mental injury and a threat of physical injury; or a person whose immediate family member is deceased as the direct result of a crime. AB 5 established several exemptions for which the ABC test does not apply. Covered employers are required to provide COVID-19 Supplemental Paid Sick Leave until December 31, 2020, the same date that the FFCRA is set to expire. 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. 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. 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. 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. 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). 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. Key Points: Numerous new California laws going into effect on January 1, 2021 (or earlier), will impact employers and employees. Among other things, the new law requires participating employers and employees to meet the required unemployment insurance claim filing and weekly certification requirements. The worker performs work outside the usual course of the hiring entity’s business. What is AB 685? This bill amends Sections 230 and 230.1 of the Labor Code. 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. 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. Prior to AB 1947, workers who prevailed in lawsuits alleging that their employer made, adopted or enforced a policy that prevented them from disclosing information to a government or law enforcement agency where they had reasonable cause to believe that the information disclosed a violation of a state or federal law could obtain damages, but were not permitted to recover attorney's fees. 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. 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. 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. 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. There’s a hefty … 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 … 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. In addition to existing certification requirements, this bill provides that employers are prohibited from taking action against employees when an unscheduled absence occurs if employees provide certification that they were receiving services for certain injuries, or if the documentation is from a victim advocate (as defined). The changes expand CFRA’s footprint … 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). As 2020 comes to an end, we wanted to highlight and summarize some of the new employment laws which have already taken effect or are taking effect in 2021. Eligible employees are entitled to paid sick leave based on whether they are considered full-time or part-time. 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. California New Laws 2021 Sacramento, CA – Part 9 of New California laws for 2021 includes school safety, wildfire mitigation, dogs and cats, clinical trials, controlled substances,public … AB 979 builds on SB 826, passed in 2018, which mandated that any publicly held corporation whose principal executive offices (according to the corporation’s SEC 10-K form) are in California place at least one female director on its board by December 31, 2019. Also, various cities and local governments in California have enacted minimum wage ordinances exceeding the state minimum wage. 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. This bill adds section 1720.8 to the Labor Code. 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. This exemption is extended to January 1, 2022. Businesses now have certainty that those two exemptions will continue for at least another year. This reporting requirement applies regardless of whether you believe the employee contracted COVID-19 at work. 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. An outbreak occurs when: (1) if the employer has 100 employees or fewer: four employees test positive for COVID-19 within 14 calendar days; (2) if the employer has more than 100 employees: 4 percent of the number of employees test positive for COVID-19 within 14 calendar days; or (3) the place of employment is ordered closed by public authorities due to a risk of infection with COVID-19. 17 New CA Laws Just Signed By Governor Newsom - Banning-Beaumont, CA - Gov. 4-2001 and 5-2001 to include part-time, or “adjunct,” faculty at private, non-profit colleges and universities in California. Starting January 1, 2021, pads used to write and fill prescriptions for controlled substances are required to have a 12-character serial number, a corresponding barcode, and other security features required by Assembly Bill 149… 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, OFCCP Issues Last Directive Under CERT Principles for OFCCP Policies and Practices, OCR Proposes Substantial Changes to HIPAA Privacy Rule, U.S. Department of Education Extends and Clarifies COVID-Related Waivers for Accrediting Agencies, 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”. Gavin Newsom signed more than a dozen bills into law this week. Some of the regulations signed by Gov. Provide written notice to the exclusive representative (union), if any, of the employees above. AB 2147 was passed in the wake of California’s recent serious fire seasons to allow for incarcerated individuals who have worked assisting with firefighting through the California Conservation Camp program to more easily retain employment in firefighting after they have been released from custody. 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. The latest litigation trends, court decisions, & issues on California Employment Law. This bill repeals sections 12954.6 and 12945.2 of the Government Code and instead implements a new CFRA under section 12945.2. 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. 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. 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. However, b eginning July 1, 2021, this new law will levy an additional penalty on a driver found in violation of California’s hands-free law: a point will be added on to a driver’s record for each … New Laws Signed During the 2020 Legislative Session SB-823: Juvenile Justice Realignment (Eliminates Juvenile Prisons) Beginning July 1, 2021, SB-823 will phase out California’s … 6 New California Laws That May Impact Your Life In 2021 - Los Angeles, CA - Hundreds of bills were signed into law in 2020. 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. 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. Minimum Wage - The minimum wage will increase by a dollar on January 1, 2021… It expands the scope of the exempted industries to include, among others, recording artists, songwriters, lyricists, licensed landscape architects, real estate appraisers, home inspectors, people who provide underwriting inspections and other services for the insurance industry, still photographers, photojournalists, videographers, photo editors, fine artists, freelance writers, translators, editors, content contributors, advisors, narrators, cartographers, producers, copy editors, illustrators, or newspaper cartoonists. 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. 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. AB 2143 amends Code of Civil Procedure section 1002.5 to specify the circumstances under which an agreement to settle an employment dispute may include a provision that prohibits a settling party from working for the employer again (sometimes known as a “no-rehire” provision). 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. What qualifies as an outbreak depends on the size of the employer. 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. This bill amends Section 226.75 of the Labor Code. 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. 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. 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