All laws discussed in this post go into effect on January 1, 2021, unless otherwise noted. California Employment Laws Taking Effect January 1, 2021. Posted by Christy Kotowski on November 30, 2020 at 1:04 PM Tweet; If you are a private-sector company with employees in California, please take note of the following new laws which go into effect as of January 1, 2021 … Under existing law, individuals have six months to make complaints to the DLSE. Certain employers must also notify local public health agencies of all workplace COVID-19 outbreaks. Current law, however, does not provide for recovery of attorneys’ fees. v. Padilla, (No.19ST-CV-27561). AB 5 also exempted certain occupations, industries, and contractual relationships from the “ABC” test, and continued to allow those hiring entities to use the less-stringent, pre-Dynamex test established in G. Borello & Sons, Inc. v. Department of Industrial Relations (1989) 48 Cal.3d 341 (Borello). An employer has only 30 days after the claim form is filed to deny the claim (as opposed to the typical 90 days) and otherwise may rebut the presumption only with evidence obtained after that 30-day period. SEC Adopts Final Resource Extraction Disclosure Rules; Duplicative... Florida Receives EPA Approval to Assume Clean Water Act Section 404... TCPA NIGHTMARE: Court Grants $122k Summary Judgment Against Debt... CFTC Extends Temporary No-Action Relief From Trade Execution... Ontario Government Extends COVID-19 Period Until July 3, 2021. Federal Court Orders Creation of Two Massive Data Privacy... Georgia PSC Pole Attachment Ruling to Promote Broadband. The bill provides that successorship is established upon meeting any of the following criteria: 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. Quick Index. AB 979 is due to take effect at the end of 2021, with an additional year allowed - no later than the close of the 2022 calendar year - for larger boards to find the greater number of minority board members needed. California’s work laws about wages and hours Private employers with 500 or more employees; Public sector agency employers that employ health care providers or emergency responders that elected to exclude such employees from emergency paid sick leave under the federal Families First Coronavirus Response Act (FFCRA); Private employers with fewer than 500 employees that employ health care providers or emergency responders that elected to exclude such employees from emergency paid sick leave under FFCRA, and. The Labor Commissioner is limited to claims in which the claimant is unable to afford representation. May be paid once a month on or before the 26 th day of the month during which the labor … No attorney-client or confidential relationship is formed by the transmission of information between you and the National Law Review website or any of the law firms, attorneys or other professionals or organizations who include content on the National Law Review website. There is no definition of good faith determination in the statute, so employers act "at their peril" and will have to wait for some case law to flesh out that meaning. CFRA expansion. An “outbreak” exists if one of the following occurs within a period of 14 days at a specific place of employment: Four employees test positive (if the employer has 100 or fewer employees); Four percent of the number of employees who reported to the worksite test positive (if the employer has 100 or more employees); or. refusing to participate in an activity that would result in a violation of state or federal statute, or violation of or noncompliance with a local, state, or federal rule, or regulation. Posted by Christy Kotowski on November 30, 2020 at 1:04 PM Tweet; If you are a private-sector company with employees in California, please take note of the following new laws which go into effect as of January 1, 2021 (or earlier, as indicated below). Accordingly, the statute of limitations would be tolled for the employee until the mediation is complete. As employers continue to grapple with the ever-changing legal landscape of COVID-era regulations, 2021 will bring changes to the traditional realm of employment law in dozens of jurisdictions. In addition, employers are prohibited from making, adopting, or enforcing any rule, regulation, or policy that prevents employees from such disclosures or participation. This new law slightly modifies this ban on "no rehire" provisions and requires that the aggrieved person has filed the claim in good faith in order for the prohibition to apply, and the employer must have made the determination of sexual assault or sexual harassment before the grievant filed the claim. Any employee may file a workers’ compensation claim for COVID-19 with causation to be determined in due course. Since the CFRA provides time off for employees to care for a wider group of family members than the FMLA, CFRA leave will not always run concurrently with FMLA leave. By December 31, 2021, such publicly-held corporations must have at least one director from an underrepresented community. This requirement is not operative until January 1, 2022, unless the Secretary of State implements "California Business Connect" (the Secretary of State's anticipated online portal that automates all paper-based processes) sooner. The same day that Governor Newsom signed AB 979, Judicial Watch filed a lawsuit in Los Angeles Superior Court challenging AB 979 on constitutional grounds. There are several other significant changes to the CFRA that employers need to consider in 2021. For more information, see our alert New California Family Rights Act: State Family Care and Medical Leave Expanded. Contrary to prior law, AB 5 presumed that all workers are employees, rather than independent contractors. California has enacted a number of new laws (some of these have been covered in more detail on this blog and are linked below). The new CFRA also provides for baby bonding leave, repealing the New Parent Leave Act. The bill seeks to prevent employers from evading unpaid wage and hour judgments by discontinuing the judgment debtor entity, only to form a new business entity that is substantially similar to the prior entity. New Administration Could Provide Ideal Backdrop for Tribes Entering... FTC Cracks Down on Health Claims by CBD Companies. 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Moreover, on or before Jan. 15, 2021, a general acute care hospital must be prepared to report to the Department of Industrial Relations its highest seven-day consecutive daily average consumption of protective equipment during the 2019 calendar year. The law does not specify whether this figure is limited to California employees or includes employees outside of California. For an in-depth analysis of how each law might affect your organization, contact your Hanson Bridgett labor and employment lawyer and join us for our Annual Client Seminars in January. 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 need … That amount must increase to two or three female board members by the end of 2021, depending on the size of the board. Dwight manages the firm's Labor and Employment Law Practice Group and is experienced in both litigation and transactional matters. Below is a summary of some of these laws that employers should make themselves aware of heading into the new year. Think Twice Before Signing an Outsourcing Agreement! Under AB 5 only the Attorney General and certain city attorneys were able to seek such relief. As of January 1, 2021, AB 1947 makes two significant changes to existing laws: (1) revising Labor Code section 98.7 to increase the time to file a complaint with the Division of Labor Standards Enforcement from six months to one year; and (2) authorizing courts to award reasonable attorneys’ fees to plaintiffs who bring successful retaliation claims under Labor Code section 1102.5. The report must include the number of employees by race, ethnicity, and sex in a variety of job categories, including but not limited to executive or senior-level officials and managers, professionals, laborers and helpers, and service workers. Workers are entitled to numerous rights and protections under California labor law… Under the … Finally, SB 1383 abolished the "key employee" exemption. California Consumer Privacy Act's Employer Exemption Extended (AB 1281): While this bill extends the employer exemption from certain provisions of the California Consumer Privacy Act (CCPA) to January 2022, employers must still satisfy the notice provision of the CCPA. Additionally, musicians and vocalists who do not receive royalties are to be treated as employees for purposes of receiving minimum wages and overtime. 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. CalChamber employment law experts will cover the new employment laws for 2021 in more detail in the October 15 issue of our HRCalifornia Extra newsletter (subscribe to HRCalifornia Extra) and in our annual new laws whitepaper (coming in November). These policies provide workers with minimum compensation levels, health insurance subsidies, medical costs for on-the-job injuries, and prohibits drivers from working more than 12 hours in a 24-hour period unless the driver has been logged off for 6 uninterrupted hours. Retail Food Facility Handwashing Requirement (AB 1867): AB 1867 also requires employers to allow employees working in any food facility to wash their hands every 30 minutes and additionally as needed. On January 1, 2021, various new and amended employment laws will go into effect in California. Second, SB 1383 expands the definition of "family members" to include domestic partners, grandparents, grandchildren, adult children, and siblings. Accordingly, employers must continue providing notice to applicants and employees of information collected by the company and the purposes for which said information is collected. The bill provides that evidence of measures in place to reduce the potential transmission of COVID-19 in the employee’s place of employment or evidence of an employee’s nonoccupational risks of COVID-19 infection may successfully rebut the presumption. This new law extends the exemption until Jan. 1, 2026. The strict three-part “ABC” test still applies when determining whether a California worker can be classified as an independent contractor unless there is an exemption, in which case the more lenient Borello test would be used. Indeed, cases have been brought by California truckers, freelance journalists, and gig economy businesses challenging the application of AB 5 to their industries and the constitutionality of the law itself. This information is intended to help the claims administrator determine whether there is an “outbreak” at the worksite such that the presumption may be applicable. On September 17, 2020, Governor Newsom signed into law SB 1159, which codified parts of his prior executive order establishing a rebuttable presumption of compensability for some employees who receive a COVID-19 diagnosis. HR Pros at the HR Support Center. The California labor law takes effect January 1, 2021. We strongly encourage everyone with employees performing services in California to familiarize themselves with these developments as many of these new laws will affect day-to-day operations. OCR Issues Proposed Modifications to HIPAA Privacy Rule to Remove... New Administration’s Prioritization of Native Contracting Could Mean... What Good Will the “Due Process Protections Act” Do? The choice of a lawyer or other professional is an important decision and should not be based solely upon advertisements. AB 2257 substantially revises AB 5 and tacks on new exemptions to the "ABC Test," including but not limited to exemptions for business-to-business contracts; referral agencies (consulting, youth sports coaching, wedding services); music industry and performers, and professional services. The requirements for this exemption have also been modified to allow service providers to negotiate their rates with the client. Professional Services Exemption: AB 2257 expands the professional services exemption set forth under AB 5 for still photographers, photojournalists, freelance writers, editors, and newspaper cartoonists who had more than 35 submissions in a year. Accordingly, Cal/OSHA can shut down a worksite if the worksite exposes employees to a COVID-19 related imminent hazard. Stephanie has successfully represented high-profile clients and examined key fact witnesses at trial; defended depositions of fact and expert witnesses; briefed and prepared arguments in connection with a variety of motions and trial briefs; and prepared fact and expert witnesses for trial. He represents employers and management with a wide variety of employment litigation, ranging from wrongful termination and employment discrimination lawsuits to wage and hour class actions. 415-995-6330 Miscellaneous Exemptions: Subject to certain requirements, AB 2257 also adds exemptions for individuals engaged in underwriting inspections and other services for the insurance industry; manufactured housing salespersons; certain individuals engaged by international exchange visitor programs; and competition judges. Extended Time to File Labor Commissioner Complaints (AB 1947): Employees now have one year, instead of six months, to file a claim with the Labor Commissioner if the claimant believes they were discharged or otherwise discriminated against in violation of any Labor Code provisions enforced by the Labor Commissioner. Prevailing Wages for Public Works Expanded (AB 2765): Currently, the general prevailing rate of per diem wages must be paid to workers employed on "public works." This law went into effect on Sept. 9, 2020. California voters were definitive in their support of Proposition 22, with nearly 10 million voters approving the Proposition. FTC Issues Orders to Nine Social Media and Video Streaming Service... Hunton Andrews Kurth’s Privacy and Cybersecurity. This ballot initiative was presented to California voters as Proposition 22. What follows is a summary of the most significant changes to California employment laws for 2021. Labor Commissioner May Now Represent Claimants in Connection with Arbitrations (SB 1384): This bill expands the Labor Commissioner's ability to represent claimants who are financially unable to afford representation to arbitral proceedings and/or in opposing a petition to compel arbitration. Below is a summary of some of these laws that employers should make themselves aware of heading into the new year. Shortly thereafter, on Election Day 2020, California voters further amended AB 5 by passing Proposition 22 which defines app-based drivers – for companies such as Uber, Lyft, and Door Dash – as independent contractors. The following are the most significant changes that California … However, the bill does not provide companies with any guidance on how best to achieve these requirements. Annual California Employment Law Update: New Laws for 2021 Provide COVID-19 Protections and Expand Family Leave. 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