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. Code §§ 1400, et seq.) What California Employers Need To Know About Cal/OSHA’s COVID-19 Emergency Temporary Standards, California’s New Pay Data Reporting Requirements, 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, notice of suspeced or confirmed COVID-19 cases in the workplace, California’s Supplemental Paid Sick Leave, which took effect in September 2020 (read more about, AB 685 requiring employers to provide notice of suspected or confirmed COVID-19 in the workplace, effective on January 1, 2021 (read more about. While a majority of the laws go into effect on January 1, 2021, some laws ⦠(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. This bill amends Section 226.75 of the Labor Code. 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. The two exemptions would otherwise sunset at the end of 2020. Employers with multiple establishments must submit a report for each establishment as well as a consolidated report that includes all employees. Individuals who have been convicted of certain crimes, including murder and rape, are automatically ineligible for this relief. This bill amends Section 1002.5 of the Code of Civil Procedure. Key Points: Numerous new California laws going into effect on January 1, 2021 (or earlier), will impact employers and employees. Modeled after the federal EEO-1 Component 2 collection form, the state pay data report requires employers to collect aggregate W-2 earnings and report the number of employees in each of the 12 pay bands (spanning from $19,239 and under to $208,000 and over) for the 10 broad job categories (executive or senior-level officials and managers; first or mid-level officials and managers; professionals; technicians; sales workers; administrative support workers; craft workers; operatives; laborers and helpers; and service workers), classified by race, sex and ethnicity. 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. Five Employment Law Changes Employers Can Expect Under a Biden Administration AB 685 Requires Employers To Provide ⦠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. This bill amends section 233 of the Labor Code. Among other things, the new law requires participating employers and employees to meet the required unemployment insurance claim filing and weekly certification requirements. Such employers will also be required to grant up to 12 workweeks of protected leave during any 12-month period due to a qualifying exigency related to the covered active duty or call to covered active duty of an employee’s spouse, domestic partner, child or parent in the Armed Forces of the United States. In this video, I discuss five key new laws facing California employers: Five new laws California employers need to understand for 2021. Governor Newsom signed SB 1383 into law on September 17, 2020, amending the California Family Rights Act (CFRA) effective January 1, 2021. On March 17, 2020, Governor Gavin Newsom issued Executive Order N-31-20, addressing the California Worker Adjustment and Retraining Notification (WARN) Act (Lab. AB 3075 expands the information corporations must include in the corporation's statement of information filed with the California Secretary of State. 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 ⦠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. Copyright © var today = new Date(); var yyyy = today.getFullYear();document.write(yyyy + " "); JD Supra, LLC. The California Labor Commissioner has clarified that being subject to the State of California’s “general stay-at-home order” does not mean that the employee is subject to a Federal, State, or local quarantine or isolation order related to COVID-19. 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). Eligible employees are entitled to paid sick leave based on whether they are considered full-time or part-time. Pursuant to AB 2143, the “aggrieved person” must have filed the claim in good faith for the provision to apply. Minimum Wage - The minimum wage will increase by a dollar on January 1, 2021⦠4-2001 and 5-2001 to include part-time, or “adjunct,” faculty at private, non-profit colleges and universities in California. In addition, while existing law has an exception to the ban on “no-rehire” provisions if the employer has made a good-faith determination that the “aggrieved person” engaged in sexual harassment or sexual assault, AB 2143 requires the determination of sexual assault or harassment to be documented by the employer before the “aggrieved person” filed the 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, 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. What is AB 685? 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 ⦠Supplemental Paid Sick Leave: This bill codifies Governor Newsom’s Executive Order N-51-20 (signed April 16, 2020) which provided supplemental paid sick leave to food sector employees for an employer with 500 or more employees nationwide as a result of the COVID-19 pandemic (COVID-19 Supplemental Paid Sick Leave). 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. Such employers will be required to grant employees up to 12 workweeks of unpaid protected leave during any 12-month period to bond with a new child of the employee or to care for themselves or a child, parent, grandparent, grandchild, sibling, spouse, or domestic partner. Per the Executive Order, Cal. Key Points: Numerous new California laws going into effect on January 1, 2021 (or earlier), will impact employers and employees. Adjunct, ” faculty at private, non-profit colleges and universities in California Section to. Nature as the predecessor employer they are considered full-time or part-time filed with the California Rights. A Morning News Brief: Easy, no Clutter, Free the 's... Guidance... [ Guidance ] on COVID-19 and business Continuity Plans five new laws California employers: five laws. News Brief: Easy, no Clutter, Free Firms: be Strategic in Your COVID-19 Guidance [! 1383 significantly expands the professional exemption under Industrial wage Commission ( IWC wage! 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