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. 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. Unless otherwise stated, the new laws take effect January 1, 2021. AB 2992 extends those protections to victims of crime or abuse, and to immediate family members of homicide victims. 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. Uses substantially the same facilities or substantially the same workforce to offer substantially the same services as the judgment debtor. California presses forward with the new state minimum wage increases created by SB-3 in 2016 and continues down the path to a $15/hour minimum wage for all employees. SB 1159 takes effect immediately (September 17, 2020) and expires on January 1, 2023. Charts and summaries of California labor laws. SB 1159 – Workers’ Compensation COVID-19 Presumption. Notably, this bill expands employer coverage to include all employers with five or more employees, which is much fewer than the previous 50 or more employees’ requirement. 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. 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. 1. Yesterday, the Governor signed AB 685 and SB 1159 into law. The worker must be customarily engaged in an independent established trade, occupation, or business of the same nature as the work performed. SB 973-Mandatory Pay Data Report to be Submitted to the DFEH. That amount must increase to two or three female board members by the end of 2021 , depending on the size of the board. AB 685: COVID-19 Reporting ... New Labor & Employment Laws For California Employers In 2021. Leave Laws ____ SB 1383: California Family Rights Act Expanded to Smaller Employers Under SB 1383, CRFA coverage will now include all employers with five or more employees. Finally, employers should make sure that they are in compliance with state and local minimum wage laws. COVID-19 paid leave laws for California employers for the rest of 2020 and outlook into 2021 Such as AB 685 requiring employers to notify workers of potential exposure to COVID-19 and SB 1159 that creates a presumption that a covered worker’s COVID-19 is work-related and covered under workers compensation Employers also cannot force you to waive your right to the protections of California labor law. New Labor & Employment Laws For California Employers In 2021. THE NEW EMPLOYMENT LAWS EVERY CA EMPLOYER SHOULD KNOW WEBINAR IEA and Michael Sullivan & Associates join forces to bring employers a one-stop-guide to some of the most critical new 2021 employment laws employers must understand and implement in the workplace. Such employees must be available to respond immediately to emergencies by staying on the premises and carrying a communication device during rest periods. Companies with CA employees are advised to update applicable policies and procedures. Below are some of the significant changes related to COVID-19 that employers should look out for as we head into the new year. New Employment Laws for 2021 The following employment laws are effective in California beginning January 1, 2021, unless otherwise specified as an urgency statute. As we have seen over the past decade, California’s Legislature enacted a large number of new labor and employment laws as it concluded its 2020 Legislative Session. The new law significantly expands the state’s existing family and medical leave entitlements and goes into effect on January 1, 2021. The worker must perform work outside the “usual course” of the hirer’s business. AB 685 – Local Health Department notice requirements. All laws discussed in this post go into effect on January 1, 2021, unless otherwise noted. Adding to the unprecedented challenges and changes seen in 2020, a myriad of new laws face California employers in 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. Employers are required to keep a copy of all notices provided to employees for three years. 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. 2021 Labor & Employment Law Update for California Employers Thursday, December 10, 2020 2020 has been an unprecedented year in many ways, but … California lawmakers and courts continued to revise and clarify a number of employment laws in 2020, and enact new statutes and regulations for 2021. 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 … Employs as a managing agent, any person who directly controlled the wages, hours, or working conditions of the affected workforce of the judgment debtor. 4. The latest litigation trends, court decisions, & issues on California Employment Law. 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. SB 1383 significantly expands the California Family Rights Act (CFRA) beginning January 1, 2021. Five new laws California employers need to understand for 2021. September 30, 2020 is the deadline for Governor Newsom to sign into law all bills passed by the Legislature this year. The expanded provisions become effective January 1, 2021. For other employees, the law applies if there is an “outbreak at the employee’s specific place of employment.”  An outbreak exists if: 5. Below is a summary of the newest legislation affecting employers in California. 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 to be prepared for unprecedented compliance challenges in recent legislation related to the ongoing pandemic, expanding leave protections, wage and hour compliance risks, and much more. Has substantially the same owners or managers that control the labor relations as the judgment debtor. It also allows the officer to restart their rest period as soon as practicable if it was interrupted by work. (California Desktop Codes) at Legal Solutions from Thomson Reuters. AB 1512 allows security guards to remain on-call and on the premises during their rest breaks. 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. 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. Each of the new laws discussed below is effective as of January 1, 2021, unless otherwise noted. 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. It also requires them to notify their local public health department if an outbreak occurs at the worksite.Â. December 16, 2020. NOVEMBER 2020, Volume 34, No. Buy California Employment Laws, 2021 ed. Assembly Bill 685 – … California lawmakers and courts continued to revise and clarify a number of employment laws in 2020, and enact new statutes and regulations for 2021. Our California Employment Law Practice Our California employment attorneys – with over 50 years of collective experience litigating under California employment law – know how to fight for employees’ rights and get them the money they deserve. Labor & Emp't Rev. Read the Summary of California Labor Law Updates employers need to know heading into 2021. 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. SB 1159 – Workers Comp Presumption – Covered Workers. Companies with CA employees are advised to update applicable policies and procedures. It also requires the employer to maintain a three-month supply of PPE (effective April 1, 2021) and provide an inventory report to Cal/OSHA upon request.Â, Learn more about wrongful termination in California. Novato (3 tiered Minimum Wage) $15.24 per hour for very large 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. Under AB 3075, a “successor employer” will be liable for any wages, damages, and penalties owed by the predecessor employer if the successor employer meets any of the following criteria: Under Labor Code section 98.7, employees who allege they have been discharged or discriminated against in violation of any Labor Code provisions enforced by the Labor Commissioner currently have six months to file a complaint with the Division of Labor Standards Enforcement (DLSE). California’s SB 493 provides additional protection to students facing sexual harassment in institutions of higher education receiving state financial assistance. The only bill to make it through this year has been AB 2257, which, while retaining the “ABC Test,” introduces important modifications to some of the current exceptions to the test, including but not limited to: SB 1159 establishes a rebuttable presumption (in other words, an assumption that is legally taken to be true unless someone comes forward to contest it and prove otherwise) that an employee contracted COVID-19 at work if the employee tests positive or is diagnosed with coronavirus 14 days after performing labor or services at the employee’s place of employment. No one can deny that society as a whole has come a long way in terms of how we view sexism in the workplace. Minimum Wage Increase . AB 685 – Notice to employees of potential COVID-19 exposure. 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. 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. 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. Providing clarification on criteria that must be met by a worker who provides services through a referral agency. Get free shipping on law books. You can learn what California employment lawyers consider the most important labor laws. Suite 580. Palmer Kazanjian. 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 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. 3. Download "Employment Laws 2021 - Checklist" PDF * Legislation related to COVID-19. 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. California currently requires publicly traded corporations with principal executive offices in California to have at least one female director on their board (SB 826). Copyright © 2020 Agemian Law Group | All Rights Reserved.Designed @Madewith in Los Angeles, CA. If the specific place of employment is ordered closed by a local health department, State Department of Public Health, the Division of Occupational Safety and Health, or a school superintendent. 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. Under this law, the illness is considered an occupational injury and is eligible for workers’ compensation benefits if the specified criteria are met. 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). In this post, we discuss the different type of claims covered under California labor and employment laws. 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. New laws will create compliance challenges for HR and employers. The term "managing agent" has the same meaning as in subdivision (b) of Section 3294 of the Civil Code. Beginning January 1, 2021, AB 1947 extends that time to one year.Â. Important side note: Be with a spouse, domestic partner, child, or parent in the Armed Forces of the United States due to a qualifying exigency related to covered active duty or call to covered active duty. Guest ... we wanted to highlight and summarize some of the new employment laws which have already taken effect or are taking effect in 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. Since its enactment, there have been over 30 proposed bills seeking to modify or repeal it. California’s ever-changing employment laws will have employers scrambling to keep up 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. The bill does set forth that the “place of employment” does not include an employee’s residence if they are working at home. While this exemption was set to expire on January 1, 2021, AB 2479 will extend it to January 1, 2026. There’s a hefty amount this year – covering a wide range of topics such as sick leave, worker classification, corporate diversity, and the coronavirus pandemic – so here’s a quick look. Workers are entitled to numerous rights and protections under California labor law, and can recover large penalties if employers violate those rights. 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. As important as it is to carefully review these new COVID-19 laws, employers should also pay close attention to the important, non-COVID-19-related changes in employment law, including sweeping changes to California’s Family Rights Act (CFRA). According to SB 826, that number must increase in proportion to the corporation’s total number of seats by December 31, 2021. Under the new law, victims of crime and abuse will be entitled to take time off from work to obtain related relief to help ensure health, safety, or welfare “regardless of whether any person is arrested for, prosecuted for, or convicted of, committing the crime.”. 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. AB 685 take effect on January 1, 2021 and will expire in two years on January 1, 2022. California employers need to act quickly to ensure compliance with those new laws that went into effect immediately (including guidance and notices issued by enforcement agencies) and to prepare for the January 1, 2021 effective 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. 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. 12 weeks to care for a grandchild under CRFA and 12 weeks to cover an illness under FMLA). Disqus Comments. The Governor has not waited until the deadline to begin signing a few employment related bills into law already. Labor and Employment Law Ca. 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. 1. 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). Expanding the scope of exempt professions, such as recording artists, songwriters, lyricists, licensed landscape architects, real estate appraisers, still photographers, photojournalists, videographers, photo editors, fine artists, freelance translators, content contributors, advisors, narrators, cartographers, producers, copy editors, and illustrators. 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 … Below is a summary of some of these laws that employers should make themselves aware of heading into the new year. AB 2765 expands Bond with a newborn child or newly adopted or placed foster child. HR Pros at the HR Support Center. Section 226.75 of the Labor Code currently exempts employees who hold safety-sensitive positions at petroleum facilities from being relieved of all duties during rest periods. SB 1159: COVID-19 Workers’ Compensation 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. SB 1383’s expansion of California Family Leave Rights Act (CFRA) leave to employers with 5 or more employees, effective January 1, 2021, and. Same meaning as in subdivision ( b ) of Section 3294 of the business... 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