Posted in California Developments. Amended Section 1205 goes further to expressly address local laws that relate to the payment of wages, and authorizes local jurisdictions to enforce such laws, so long as they are more stringent than state law. Employees Have Sole Discretion to Use Kin Care Leave (AB 2017): Currently, employees may use their accrued sick leave to tend to the illness of a family member. Also beginning January 1, 2021, and until January 1, 2023, if OSHA alleges that there has been a “serious violation” due to COVID-19, it need not deliver to the employer a standardized form containing the alleged violation descriptions prior to issuing its citation as would otherwise be required. Annual California Employment Law Update: New Laws for 2021 Provide COVID-19 Protections and Expand Family Leave Alice Kwak , Jennifer Nutter , David Prager , Mary Vu Epstein Becker & Green A corporation may increase the number of directors on its board to comply with this new law. This expanded definition of the term “family member” is important because it is broader than the definition under the federal Family and Medical Leave Act (FMLA). Additionally, Melissa represents employers in investigations brought by the U.S. Employment Opportunity Commission and California Department of Fair Employment and Housing. Fax, 415-995-5045 If you would ike to contact us via email please click here. AB 512 passed as an urgent response to Augustus, allowing security officers to remain on the premises and on-call and restart a rest period as soon as practicable if it was interrupted. 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. 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. If you live or work in California, you’re lucky! Unless otherwise noted, each new law … 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. 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. When a presumption is applicable under this section, an employer has only 45 days after the claim form is filed to deny the claim (as opposed to the typical 90 days) and otherwise may only rebut the presumption with evidence obtained after that 45 day period. Some states have laws and ethical rules regarding solicitation and advertisement practices by attorneys and/or other professionals. California Employment Law 2021 Update. PDF Bio, 415-995-5045 California Labor Laws (2021) Employment Laws for California Employees Talk to an employment lawyer. The ballot initiative defined app-based drivers as workers who (a) provide delivery services on an on-demand basis through a business’s online-enabled application or platform or (b) use a personal vehicle to provide prearranged transportation services for compensation via a business’s online-enabled application or platform. New AB 5 Exemptions (AB 2257): Remember AB 5, the legislation that shook the California business community to its core with the adoption of the "ABC Test"? Ogletree, Deakins, Nash, Smoak & Stewart, P.C. That means employers cannot discharge, discriminate or retaliate against an employee who is a victim of a crime or abuse from taking time off work to obtain relief to help ensure the health, safety, or welfare of the victim or the victim's child. In response, Uber, Lyft, DoorDash, InstaCart, and Postmates spent more than $200 million in lobbying efforts for a ballot initiative that would override AB 5 and AB 2257, and classify drivers as independent contractors. 3. Failure to maintain the required stockpile could result in a $25,000 civil penalty. Even in a months-long pandemic, the California Legislature passed a bunch of new employment laws — some COVID-19-related, some not — that Governor Gavin Newsom signed into law … Free 2021 California Employment Laws White Paper HRWatchdog November 17, 2020 636 Even in a months-long pandemic, the California Legislature passed a bunch of new employment laws — some COVID-19-related, some not — that Governor Gavin Newsom signed into law on or before his September 30, 2020, deadline. Worker's Compensation (SB 1159): SB 1159 creates a rebuttable presumption that an employee contracted COVID-19 at work if the employee tests positive or is diagnosed with COVID-19 within 14 days after working at the employer's place of employment. 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. Below is a summary of some of these laws that employers should make themselves aware of heading into the new year. 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. Second, SB 1383 expands the definition of "family members" to include domestic partners, grandparents, grandchildren, adult children, and siblings. In a Busy Year of Health Care Antitrust Enforcement, DOJ’s First... California Expands the California Family Rights Act (CFRA). This new law further expands the categories of "time off" to include taking time off work to seek medical attention for injuries caused by crime or abuse, to obtain services from prescribed entities, to obtain psychological counseling or mental health services, or to participate in safety planning. Accordingly, hiring businesses who wanted to classify a worker as an independent contractor had the burden of establishing that the worker either (1) fell under one of the exemptions set forth in AB 5; or (2) could meet each element of the stringent “ABC” test, set forth in Dynamex Operations West, Inc. v. Superior Court (2018) 4 Cal. California’s work laws … The executive order applied to dates of injury from March 19, 2020, through July 5, 2020. Unless otherwise indicated, each of the following new laws will take effect on Jan. 1, 2021. China Announces Long-Awaited—and Significant—Updates to Intellectual... EEOC Issues Updated Guidance Regarding COVID-19 Vaccines, An Attorney’s Top Tips for Divorcing Clients, Getting Ready for January: Notes on the 117th Congress, Litigation Finance: Cutting Legal Spend and Sharing Legal Risk. Aimed at addressing pay inequities based on gender, race, and ethnicity, the bill requires California employers who have 100 or more employees, and who are required to file an annual Employer Information Report (EEO-1) under federal law, to submit an annual report containing two categories of information. He also counsels companies on various compliance issues involving free speech in the workplace, the preparation of employee handbooks, sexual harassment training, executive employment agreements, and adhering to ADA regulations for company websites and mobile... Dwight L. Armstrong is a partner in the firm's Orange County office. Larger employers previously covered by the CFRA and smaller employers complying with CFRA for the first time should take note of the change to the definition of “family members,” which now includes a child, parent, grandparent, sibling, spouse, or domestic partner. NLR does not answer legal questions nor will we refer you to an attorney or other professional if you request such information from us. Third, AB 2143 clarifies that the prohibition against “no-rehire” provisions in settlement agreements does not apply where the former employee did not file their complaint in good faith. Employment / Age Certification. New Administration Could Provide Ideal Backdrop for Tribes Entering... FTC Cracks Down on Health Claims by CBD Companies. This exemption now includes services provided by a still photographer, photojournalist, videographer, or photo editor who works under a written contract that specifies the rate of pay and time of payment. UK Regulatory Capital/Prudential Rules: FCA Publishes First... Court Holds That Insurers Do Not Generally Owe Fiduciary Duties To... 2021 Minimum Wage Increases Set to Take Effect. Complying with Connecticut's Paid Family and Medical Leave Act, Supreme Court Considers IRS’s Micro-Captive Reporting Requirements. 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 main changes that AB 2257 makes are (1) modifying and clarifying the business-to-business, referral agency, and professional services exemptions set forth in AB 5; and (2) exempting additional occupations and business relationships. Easy Aerial Partners with Travis Air Force Base for Autonomous Drone... Allen Matkins Leck Gamble Mallory & Natsis LLP, Launching Advanced Talent Acquisition Tools to Tackle Global Employer Recruiting Challenges in The Wake of COVID-19, The Proposed “College Athletes Bill of Rights” Joins Growing Number Of Federal Bills On Student-Athlete Rights, Global Solutions, Episode 21: Can Employers Fire Workers who Refuse the COVID-19 Vaccine and Other Conundrums [PODCAST]. SB 973 requires California private employers with 100 or more employees to submit a pay data report to the Department of Fair Employment and Housing (DFEH) by no later than March 31, 2021, … Starting January 1, 2021, AB 1947 extends this time period for filing a complaint to one year. 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. 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 … 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. 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. Workers are entitled to numerous rights and protections under California labor law… What follows is a summary of the most significant changes to California employment laws for 2021. Think Twice Before Signing an Outsourcing Agreement! 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. 31, 2021, and annually thereafter (if the employer is required to file an annual Employer Information Report under federal law). Effective January 1, 2021, and until January 1, 2023, the Division of Occupational Safety and Health will have the authority to determine whether a worksite or any part thereof exposes workers to COVID-19 such that it creates an “imminent hazard.” In response to an “imminent hazard,” it may prohibit operations at or entry to that worksite at the immediate area in which the hazard exists by posting a notice to the employer in a conspicuous place. 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. AB 2257 also removes the submission requirement which allows for more workers to fall under this exemption. Accordingly, the statute of limitations would be tolled for the employee until the mediation is complete. EEOC Guidance Defines Contours of Permissible Mandatory Workplace... COVID-19: US State Policy Report – December 16, 2020. However, film and television unit production crews, still photographers and cinematographers, are not exempt. Specifically, AB 979 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.” In its findings and declarations supporting AB 979, the California Legislature noted that currently, over 35 percent of publicly-traded corporations headquartered in California have all White boards of directors. Referral Agency Exemption: AB 2257 expands the referral agency exemption by adding additional services, including consulting, youth sports coaching, caddying, wedding or event planning, services provided by wedding and event vendors, and interpreting services, among others. Non-compliance is costly. California Free Printable Labor Law Posters 2021 The California Department Of Industrial Relations requires all California businesses with employees to prominently post a number of labor law posters, … EEOC Updates COVID-19 Guidance on Employer Administered or Mandated... Key Changes to the Personal Services and Management Contracts Safe... Information Blocking Considerations for Providers Under the CMS... Health Law Diagnosed: Episode 2 [PODCAST]. 415-995-3459 California currently requires publicly traded corporations with principal executive offices in California to have at least one female director on their board (SB 826). All laws discussed in this post go into effect on January 1, 2021, unless otherwise noted. Hiring entities that operate a food facility. Employs as a managing agent, any person who directly controlled the wages, hours, or working conditions of the affected workforce of the judgment debtor. When notice is received, an employer must: Determine which employees, including subcontracted employees, were at the worksite at the same time as the individual during his or her “infectious period,” which the California State Department has determined includes “at minimum, the 48 hours before the individual developed symptoms.”  The “worksite” is limited to the same building or location where the individual was physically present. This report must also include the total number of hours worked by each employee in each pay band during the reporting year. Novel Theories: COVID-19 in the Workplace, Assault, and Loss of... SEC Amends Regulation S-T to Permit Electronic Signatures, McDermottPlus Check-Up: December 18, 2020. Business-To-Business Exemption: AB 2257 maintains the exemption for “bona fide business-to-business contracting relationships” where a contractor “acting as a sole proprietor, or a business entity formed as a partnership, limited liability company, limited liability partnership or corporation contracts to provide services to another such business.” AB 2257 also extends the business-to-business exemption to include a “public agency or quasi-public corporation” that has retained an independent contractor. The California 2020 legislative session has closed, and employers should be preparing for 2021 by updating policies and procedures. 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. Employers with multiple establishments must submit a consolidated report that includes all employees as well as a separate report for each establishment. The term "managing agent" has the same meaning as in subdivision (b) of Section 3294 of the Civil Code. Ranging from Covid-19 legislation to revisions to worker classification laws, new reporting requirements, and mandatory additions to boards of directors, below you will find our annual 2021 Employment Law Update. An employer must retain a record of the written notice for at least three years. As such, companies should start reviewing their outreach efforts and consider other actions that may assist them with compliance. UK Supreme Court on Law Governing the Arbitration Agreement (Enka v.... FDA Proposes Revocation of Frozen Cherry Pie Standards of Identity... Supreme Court to Weigh in College Sports: The Intersection of... Don’t Get Confused: Despite Recent Ruling, Calls to Residential Cell... Federal Court Provides Soothing Comfort for Spa’s COVID-19 Business... V.C. personal service, email, or text message) and that is typically used for communicating with the employee. For more information, see our alert California's New Supplemental COVID-19 Paid Sick Leave Law. The law does not specify whether this figure is limited to California employees or includes employees outside of California. The Labor Commissioner is limited to claims in which the claimant is unable to afford representation. His experience also includes an internship with Hon. Such complaints can lead to an investigative hearing and remedial action (e.g., rehiring or reinstatement, reimbursement of lost wages, penalties). AB 979 expands on the diversification requirements by requiring that at least one director be from an underrepresented community by the end of 2021. SB1383 expands CFRA in several ways. This leave must also be given for any qualifying exigency related to the covered active duty or call to covered active duty. Key California Employment Laws for 2021. CFRA expansion. Stephanie Elder is a litigation associate in the firm’s Los Angeles office. The major change, which is likely to increase litigation in California, is that this new law also amends Labor Code section 1102.5 to allow for attorney's fees for employees who prevail on a whistleblower retaliation claim pursuant to the code. On September 17, 2020, Governor Newsom signed into law AB 685, which will go into effect on January 1, 2021. Below are … Jeffrey G. Briggs is an associate in our San Francisco office and a member of our Labor & Employment group. Employers covered by the expanded CFRA are required to provide unpaid, job-protected leave of up to 12 weeks during each 12-month period for employees to bond with a new child of the employee or to care for themselves or a family member with a serious medical condition. Second, AB 2143 expands upon this “no-rehire” exception such that no re-hire provisions are allowed when the former employee engaged in “any criminal conduct,” (i.e., no longer limited to sexual harassment or sexual assault). Full implementation is expected in 2022. Limited On-Call Rest Breaks Exemption for Unionized Security Officers (AB 1512): This new law comes as a much-needed break for employers employing persons in the security services industry as a security officer who is registered pursuant to the Private Security Services Act (Chapter 11.5 (commencing with Section 7580) of Division 3 of the Business and Professions Code) from California's rest break law by allowing security officers to remain on-call during their rest breaks. Prior to joining Allen Matkins, Jeffrey was an associate at Paul Hastings in the Employment Litigation Department, where he assisted with various matters including, class actions and PAGA wage and hour cases. The second category requires employers to report the number of employees by race, ethnicity, and gender whose annual earnings fall within each of the pay bands used by the U.S. Bureau of Labor Statistics in the Occupational Employment Statistics survey, which ranges from a low of “less than $19,239” to a high of “more than $208,000” based on W-2 wages. Antitrust Agencies: Fiscal Years 2010–2019, EPA Announces New Policy for Registrants Voluntarily to Disclose Inert Ingredients in Antimicrobial Products, HM Treasury Call For Evidence on UK Overseas Framework and Overseas Persons Exclusion Post-Brexit, Third Thursdays With Ruthie: What to Expect From Organized Labor in 2021 [PODCAST], EEOC Takes a Shot at COVID-19: Unvaccinated Employees Can be Excluded From the Workplace, Chinese Patent Application Filings Jump Almost 33% in November 2020 Month-on-Month, Novel Theories: COVID-19 in the Workplace, Assault, and Loss of Consortium, Fifth Circuit Reminds Employers of the Importance of Contemporaneous Documentation and Flexible Progressive Discipline Policies, Ontario Government Passes Regulation to Create Flexibility in the Hospitality, Tourism and Trade Show Industries. Non-independent music publicists are also not exempt. The employer must report: The employer will be required to continue notifying the local health department of any subsequent laboratory-confirmed cases of COVID-19 at the workplace. SB 1159 effectively requires employers to promptly investigate and address cases of COVID-19 among employees. It should be read in conjunction with AB 685, which implements various notice requirements for cases of COVID-19 in the workplace. All laws discussed in this post go into effect on January 1, 2021, … The ballot initiative also includes zero-tolerance policies for driving under the influence of drugs or alcohol, and requires criminal background checks for drivers. The IRS Released the Final Regulations for Plan Loan Offset Rollovers, The Evolution of Cross-Border Restructuring Processes. Under Labor Code section 98.7, the Division of Labor Standards Enforcement (DLSE) has jurisdiction to investigate complaints of discharge or discrimination in violation of any law within the jurisdiction of the DLSE. See Crest et al. In addition, employers are prohibited from making, adopting, or enforcing any rule, regulation, or policy that prevents employees from such disclosures or participation. Federal Court Orders Creation of Two Massive Data Privacy... Georgia PSC Pole Attachment Ruling to Promote Broadband. California’s work laws about wages and hours OSHA’s authority will remain in effect until January 1, 2023. If the hiring business fails to establish any of these factors, the worker will remain classified as an employee. Direct Phone, (916) 491-3070 COVID-19: US State Policy Report – December 17, 2020, Introduction to the Pharma & Healthcare Podcast Series [PODCAST]. The covered worker is subject to a federal, state, or local quarantine or isolation order related to COVID-19; The covered worker is advised by a health care provider to self-quarantine or self-isolate due to concerns related to COVID-19; and. She defends employers in matters involving harassment, discrimination, retaliation, wrongful termination, wage and hour, and whistleblower claims. Stay tuned as to how this litigation turns out and the impact on arbitration agreements in California. OSHA will also be able to issue “serious violation” citations for COVID-19 without first delivering notice to the employer with an opportunity to respond.