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). 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 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. December 16, 2020. 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 685 – Notice to employees of potential COVID-19 exposure. 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. Nov 3, 2020 | Human Resources. 2. 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. 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. Each of the new laws discussed below is effective as of January 1, 2021, unless otherwise noted. 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: COVID-19 Workers’ Compensation 3. Since its enactment, there have been over 30 proposed bills seeking to modify or repeal it. 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. 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.”. 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). 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. 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. Five new laws California employers need to understand for 2021. HR Pros at the HR Support Center. 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. Below are some of the significant changes related to COVID-19 that employers should look out for as we head into the new year. For California businesses, 2020 will be a year of reckoning. Uses substantially the same facilities or substantially the same workforce to offer substantially the same services as the judgment debtor. 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 1383 significantly expands the California Family Rights Act (CFRA) beginning January 1, 2021. 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. AB 1512 allows security guards to remain on-call and on the premises during their rest breaks. 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. 12 weeks to care for a grandchild under CRFA and 12 weeks to cover an illness under FMLA). 1. 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. SB 1159 – Workers’ Compensation COVID-19 Presumption. Charts and summaries of California labor laws. AB 2992 extends those protections to victims of crime or abuse, and to immediate family members of homicide victims. Effective January 1st, 2021, this bill expands the information business entities must include in their statement filed with the California Secretary of State. 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. Under SB 1383, CRFA coverage will now include all employers with five or more employees. California lawmakers and courts continued to revise and clarify a number of employment laws in 2020, and enact new statutes and regulations for 2021. 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. 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. SB 973-Mandatory Pay Data Report to be Submitted to the DFEH. You can learn what California employment lawyers consider the most important labor laws. 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. The new law significantly expands the state’s existing family and medical leave entitlements and goes into effect on January 1, 2021. 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 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. 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. 2021 Labor & Employment Law Update for California Employers Thursday, December 10, 2020 2020 has been an unprecedented year in many ways, but … Palmer Kazanjian. Bond with a newborn child or newly adopted or placed foster child. Below is a summary of the newest legislation affecting employers in California. 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 The term "managing agent" has the same meaning as in subdivision (b) of Section 3294 of the Civil Code. 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). Employers with California operations will want to take note, … Disqus Comments. 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. Sweeping new laws curbing longtime employment practices take effect, aimed at reducing economic inequality and … September 30, 2020 is the deadline for Governor Newsom to sign into law all bills passed by the Legislature this year. This bill went into effect on September 17, 2020 and will remain in effect until January 1, 2023. SB 1383’s expansion of California Family Leave Rights Act (CFRA) leave to employers with 5 or more employees, effective January 1, 2021, and. 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. New Labor & Employment Laws For California Employers In 2021. Adding to the unprecedented challenges and changes seen in 2020, a myriad of new laws face California employers in 2021. SB 973’s requirement for employers to report pay data to the state of California starting in March 2021. 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. The Governor has not waited until the deadline to begin signing a few employment related bills into law already. 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. Making important contractual changes to business-to-business exemptions. 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. 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. Guest ... we wanted to highlight and summarize some of the new employment laws which have already taken effect or are taking effect in 2021. 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. This factor does not apply to employers who maintain the same workforce pursuant to Chapter 4.5 (commencing with Section 1060) of Part 3. Companies with CA employees are advised to update applicable policies and procedures. Yesterday, the Governor signed AB 685 and SB 1159 into law. 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). 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 … SB 1159 – Workers Comp Presumption – Covered Workers. 4. 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. 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. Workers are entitled to numerous rights and protections under California labor law, and can recover large penalties if employers violate those rights. 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. 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. "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. Beginning January 1, 2021, AB 1947 extends that time to one year.Â. The worker must be free from the control and direction of the hirer in connection with the performance of the work. California lawmakers and courts continued to revise and clarify a number of employment laws in 2020, and enact new statutes and regulations for 2021. Assembly Bill 685 – … Providing clarification on criteria that must be met by a worker who provides services through a referral agency. 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. 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. 1. 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. Contact Our Office For A Free Case Review, Care for themselves or a family member, which is now defined as a. California has arguably the most pro-worker employment laws in the country. 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. That amount must increase to two or three female board members by the end of 2021 , depending on the size of the board. All laws discussed in this post go into effect on January 1, 2021, unless otherwise noted. 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 … Leave Laws ____ SB 1383: California Family Rights Act Expanded to Smaller Employers There are several new 2021 California employment laws of which employers must be aware, as they may affect daily business operations, policies and employees. Labor & Emp't Rev. The worker must be customarily engaged in an independent established trade, occupation, or business of the same nature as the work performed. 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. On January 1, 2021, various new and amended employment laws will go into effect in California. 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. A communication device during rest periods to restart their rest breaks Newsom signed a number of new laws! On California employment laws for California employers in 2021 three years  CA employment. Signed a number of seats by December 31, 2021 with a newborn child or newly adopted placed... And carrying a communication device during rest periods know heading into 2021 met by a worker who provides services a! 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