1. What follows is a summary of the most significant changes to California employment laws for 2021. Making important contractual changes to business-to-business exemptions. ... New Labor & Employment Laws For California Employers In 2021. AB 685: COVID-19 Reporting The Governor has not waited until the deadline to begin signing a few employment related bills into law already. 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. On January 1, 2021, various new and amended employment laws will go into effect in California. Read the Summary of California Labor Law Updates employers need to know heading into 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. 2. SB 973’s requirement for employers to report pay data to the state of California starting in March 2021. 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. According to SB 826, that number must increase in proportion to the corporation’s total number of seats by December 31, 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. Five new laws California employers need to understand for 2021. 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. 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 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. New California Employment Laws to Look Out for in 2021. The worker must be customarily engaged in an independent established trade, occupation, or business of the same nature as the work performed. Charts and summaries of California labor laws. A number of new employment laws in California will take effect on January 1, 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. Author: Regina Silva. 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. California’s SB 493 provides additional protection to students facing sexual harassment in institutions of higher education receiving state financial assistance. 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 … California currently requires publicly traded corporations with principal executive offices in California to have at least one female director on their board (SB 826). Five new laws California employers need to understand for 2021. AB 2992 extends those protections to victims of crime or abuse, and to immediate family members of homicide victims. Below are some of the significant changes related to COVID-19 that employers should look out for as we head into the new year. 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. 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. 1. This bill went into effect on September 17, 2020 and will remain in effect until January 1, 2023. 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. 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). In this post, we discuss the different type of claims covered under California labor and employment laws. New Labor & Employment Laws For California Employers In 2021. Novato (3 tiered Minimum Wage) $15.24 per hour for very large This factor does not apply to employers who maintain the same workforce pursuant to Chapter 4.5 (commencing with Section 1060) of Part 3. 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. Register for our webinar discussing the new employment facing California employers into 2021. Since its enactment, there have been over 30 proposed bills seeking to modify or repeal it. 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). Annual California Employment Law Update: New Laws for 2021 Provide COVID-19 Protections and Expand Family Leave October 6, 2020 By David M. Prager, Jennifer L. Nutter, Alice Kwak, and Mary T. Vu This year, Governor Employers also cannot force you to waive your right to the protections of California labor law. New laws will create compliance challenges for HR and employers. The bill does set forth that the “place of employment” does not include an employee’s residence if they are working at home. California lawmakers and courts continued to revise and clarify a number of employment laws in 2020, and enact new statutes and regulations for 2021. 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. 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. It also requires them to notify their local public health department if an outbreak occurs at the worksite.Â. 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. Has substantially the same owners or managers that control the labor relations as the judgment debtor. California has arguably the most pro-worker employment laws in the country. Unless otherwise stated, the new laws take effect January 1, 2021. Suite 580. The new law significantly expands the state’s existing family and medical leave entitlements and goes into effect on January 1, 2021. 700 N Brand Blvd. 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. SB 1159 – Workers’ Compensation COVID-19 Presumption. 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). Providing clarification on criteria that must be met by a worker who provides services through a referral agency. Below is a summary of some of these laws that employers should make themselves aware of heading into the new year. 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. 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. 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. Employees can use the leave to manage their own serious health condition, or that of a family member. 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. NOVEMBER 2020, Volume 34, No. AB 685 – Local Health Department notice requirements. 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). 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 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 AB 2765 expands You can learn what California employment lawyers consider the most important labor laws. Wednesday, January 20, 2021 Employment Law 101 9 a.m. – 10:30 a.m. | 1.5 Hours MCLE REGISTER HERE California provides employees with numerous protections that practitioners need to understand to provide effective That amount must increase to two or three female board members by the end of 2021 , depending on the size of the board. The latest litigation trends, court decisions, & issues on California Employment Law. Nov 3, 2020 | Human Resources. 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. Glendale CA 91203. 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. Adding to the unprecedented challenges and changes seen in 2020, a myriad of new laws face California employers in 2021. 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. New Employment Laws for 2021 The following employment laws are effective in California beginning January 1, 2021, unless otherwise specified as an urgency statute. The term "managing agent" has the same meaning as in subdivision (b) of Section 3294 of the Civil Code. Minimum Wage Increase . SB 1159 – Workers Comp Presumption – Covered Workers. Beginning January 1, 2021, AB 1947 extends that time to one year.Â. Labor and Employment Law Ca. 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. Finally, employers should make sure that they are in compliance with state and local minimum wage laws. Under SB 1383, CRFA coverage will now include all employers with five or more employees. 4. SB 973-Mandatory Pay Data Report to be Submitted to the DFEH. 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. Yesterday, the Governor signed AB 685 and SB 1159 into law. December 16, 2020. SB 1159 takes effect immediately (September 17, 2020) and expires on January 1, 2023. Copyright © 2020 Agemian Law Group | All Rights Reserved.Designed @Madewith in Los Angeles, CA. 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. 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 Buy California Employment Laws, 2021 ed. For other employees, the law applies if there is an “outbreak at the employee’s specific place of employment.”  An outbreak exists if: 5. California lawmakers and courts continued to revise and clarify a number of employment laws in 2020, and enact new statutes and regulations for 2021. New California Employment Laws Effective in 2020 and 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. Contact Our Office For A Free Case Review, Care for themselves or a family member, which is now defined as a. 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. 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. 3. The worker must be free from the control and direction of the hirer in connection with the performance of the work. Companies with CA employees are advised to update applicable policies and procedures. While this exemption was set to expire on January 1, 2021, AB 2479 will extend it to January 1, 2026. Companies with CA employees are advised to update applicable policies and procedures. For California businesses, 2020 will be a year of reckoning. 12 weeks to care for a grandchild under CRFA and 12 weeks to cover an illness under FMLA). California’s ever-changing employment laws will have employers scrambling to keep up in 2021! 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. Labor & Emp't Rev. The employment law attorneys at Schneiders & Associates are prepared to help! 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. 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. 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. 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. California Employment Laws Taking Effect January 1, 2021. 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 685 – Notice to employees of potential COVID-19 exposure. 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. 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. Employers with California operations will want to take note, … 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. There are several new 2021 California employment laws of which employers must be aware, as they may affect daily business operations, policies and employees. 2021 Labor & Employment Law Update for California Employers Thursday, December 10, 2020 2020 has been an unprecedented year in many ways, but … Uses substantially the same facilities or substantially the same workforce to offer substantially the same services as the judgment debtor. 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. 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. AB 1512 allows security guards to remain on-call and on the premises during their rest breaks. Such employees must be available to respond immediately to emergencies by staying on the premises and carrying a communication device during rest periods. A number of new employment laws in California will take effect on January 1, 2021. SB 1159: COVID-19 Workers’ Compensation 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. 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. Effective January 1st, 2021, this bill expands the information business entities must include in their statement filed with the California Secretary of State. Get free shipping on law books. 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 worker must perform work outside the “usual course” of the hirer’s business. All laws discussed in this post go into effect on January 1, 2021, unless otherwise noted. Bond with a newborn child or newly adopted or placed foster child. Palmer Kazanjian. At the end of the 2019-20 legislative session, California Governor Gavin Newsom signed a number of new bills into law. Sweeping new laws curbing longtime employment practices take effect, aimed at reducing economic inequality and … The expanded provisions become effective January 1, 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. 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 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. 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. It also allows the officer to restart their rest period as soon as practicable if it was interrupted by work. 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.”. 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. 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. 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, Workers' Compensation COVID-19 Presumption, For employers with 100 or fewer employees at a specific place of employment if 4 employees test positive for COVID-19, For employers with more than 100 employees at a specific place of employment if 4 percent of the number of employees who reported to the specific place of employment tested positive for COVID-19. No one can deny that society as a whole has come a long way in terms of how we view sexism in the workplace. Below is a summary of the newest legislation affecting employers in California. 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 … 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. HR Pros at the HR Support Center. Upon the creation of a new corporation, each party must attest under penalty of perjury that they have no outstanding final judgments issued to them. 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. 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.”. Employers are required to keep a copy of all notices provided to employees for three years. Workers are entitled to numerous rights and protections under California labor law, and can recover large penalties if employers violate those rights. This new law is designed to discourage employers from attempting to avoid liability for unpaid wages by creating multiple subsidiaries or dissolving and reincorporating their companies. 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. AB 685 take effect on January 1, 2021 and will expire in two years on January 1, 2022. 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. Leave Laws ____ SB 1383: California Family Rights Act Expanded to Smaller Employers 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). Employs as a managing agent, any person who directly controlled the wages, hours, or working conditions of the affected workforce of the judgment debtor. 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 Employment Laws Facing California Employers in 2021, What California Employers Need To Know About Cal/OSHA’s COVID-19 Emergency Temporary Standards, California’s New Pay Data Reporting Requirements. My Firm’s webinar will take place on Friday October 2, 2020 at 10 a.m. PDT (registration is here and more information below). 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. 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. September 30, 2020 is the deadline for Governor Newsom to sign into law all bills passed by the Legislature this year. 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). Disqus Comments. (California Desktop Codes) at Legal Solutions from Thomson Reuters. Assembly Bill 685 – … Download "Employment Laws 2021 - Checklist" PDF * Legislation related to COVID-19. "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. 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