What is AB 685? Highlights of these new laws include: COVID-19 supplemental paid sick leave for food sector workers, certain health care providers/emergency responders, and persons employed by private businesses of 500 or more employees; The report must include the number of employees by race, ethnicity, and sex in a variety of job categories, including executive or senior-level officials and managers, professionals, laborers and helpers, and service workers. A tweak to California's so-called "microstamping" law that requires the removal of three currently certified handguns from the state's roster for each new pistol added is headed to Gov. 5 New Gun Control Laws Just Took Effect in the US! SB 419: School suspension. While it’s hard to beat the entertainment factor of California's current strange laws, there are a few interesting new laws in 2020 worth knowing about. The law became effective immediately, adding section 515.7 to the Labor Code. There are also other scenarios where workers are entitled to overtime in California. Every year hundreds of new California laws take effect Jan. 1. AB-1512, which amends Labor Code section 226.7, authorizes a person employed as a security officer who is registered pursuant to the Private Security Services Act, and whose employer is a registered private patrol operator, to be required to remain on the premises during rest periods and to remain on call, and carry and monitor a communication device, during rest periods. #WorkforceWednesday: Sick Leave in New York, California Law Update, and Oregon’s Workplace Fairness Act Takes Effect, Workplace Violence Rises During COVID-19 - Employment Law This Week®, U.S. Department of Labor Proposes New Rule for Distinguishing Independent Contractors from Employees under the FLSA, Rule 7: Be Prepared to Improvise – Return to Work in the Time of COVID-19, Washington, D.C. Can a Potential Employer Consider your Criminal History when Evaluating your Job Application? Employees Given Sole Discretion to Use Kin Care Leave (AB 2017) - Employees currently may use their accrued sick leave to tend to the illness of a family member. California Expands the California Family Rights Act (CFRA) to Employers with 5 or More Employees, New Laws Affecting Employment in California, California Revises its Independent Contractor Laws. This law: Requires employers to notify employees who may have been exposed to COVID-19 and to report workplace outbreaks to the local health department. California will limit firearm purchases to one a month and expand the use of gun violence restraining orders. Your message has failed. The bill also provides that a successor to a judgment debtor will be liable for any wages, damages, and penalties owed to any of the judgment debtor’s former workforce pursuant to a final judgment, after the time to appeal therefrom has expired and for which no appeal therefrom is pending. The worker is subject to a federal, state, or local quarantine or isolation order related to COVID-19; The worker is advised by a health care provider to self-quarantine or self-isolate due to concerns related to COVID-19; or. The New Parent Leave Act, which was enacted a few years ago, required employers with 20 or more employees to provide 12 workweeks of unpaid leave during any 12-month period to bond with a new child. SB-1159, however, extends this presumption beyond July 6, 2020, for firefighters, peace officers, fire and rescue coordinators, and certain kinds of health care and health facility workers, including in-home supportive services providers who provide services outside their own home. SPSL is in addition to any paid or unpaid leave, paid time off, or vacation time provided by the hiring entity. The law also requires CARB to develop a strategy for medium- and heavy-duty trucks by Jan. 1, 2021, to help bring all of California into compliance with federal air quality standards. On October 10, 2015, California Governor Jerry Brown signed into law Assembly Bill No. AB-2992 amends Labor Code sections 230 and 230.1 to provide the victims of violent crimes and families of homicide victims (1) time to recover without fear of job loss and (2) expanded unpaid leave. The provisions of the law became effective immediately, but will not apply to cases filed before January 1, 2021. Minimum Wage - The minimum wage will increase by a dollar on January 1, 2021. The information on this website is for general information purposes only. Glendale, By the end of 2022, such corporations with between five and nine directors must have at least two directors from underrepresented communities, and such corporations with 10 or more directors must have at least three directors from underrepresented communities. Statute of Limitations for Labor Code Complaints. All of these exemptions and revisions are subject to specific requirements, as set forth in the bill. Classification of Educational Employees. These changes go into effect as of January 1, 2021, and they replace California's terribly antiquated former homestead exemptions which provided … The Department of Labor Standards Enforcement (“DLSE”) has issued FAQs stating that employers may not require or condition leave on an employee obtaining a medical certification. Employer Pay Data Reporting Requirement. In addition, employers must also notify local public health agencies of outbreaks within 48 hours of becoming aware of the “outbreak,” which is defined as three or more laboratory-confirmed cases of COVID-19 among employees who live in different households within a two-week period. License points for distracted driving: Beginning July 1, 2021, a new law will levy an additional penalty on a driver who breaks California’s hands-free law… With this new law, California is emerging as a national leader in reintegration for families and strengthening communities.” Other criminal justice related bills signed today include: Release and Reentry. In California, no license or permit shall be required to possess keep, or carry a handgun openly or concealed in one’s home or place of business. When an employer knows or reasonably should know that an employee has tested positive for COVID-19, the employer must report certain information to its claims administrator. ... must begin to retrofit their homes with the plan set by the State Fire Marshal if they want to sell their home in 2021. California Law Welcome to the California Law section of FindLaw's State Law collection. Gavin Newsom signed more than a dozen bills into law this week. Under AB 1076, the California Department of Justice will establish the automated record clearance system for individuals ​arrested or convicted after January 1, 2021, and will replace the current one, in which individuals must petition directly to the court. The law also applies to health care employees and emergency responders whose employers opted out of compliance with the federal Families First Coronavirus Response Act (“FFCRA”). New AB 5 Exemptions (AB 2257) - A new law was implemented in 2020 which made it more difficult for employers to classify their workers as independent contractors. The minimum wage for employers with 26 employees or more will be $13.00 per hour. AB-3075 requires the statement of information to disclose whether any officer or director (or in the case of a limited liability company, any member or manager) has an outstanding final judgment for the violation of any wage order or provision of the Labor Code. The California Federal and State Labor Law Poster lets you be in compliance with this law. This law: Requires employers to notify employees who may have been exposed to COVID-19 and to report workplace outbreaks to the local health department. Covered institutions with adjunct faculty who are classified as exempt should review their employees’ duties and compensation structure to ensure they satisfy this new test. September 30, 2020 is the deadline for Governor Newsom to sign into law all bills passed by the Legislature this year. The bill requires a security officer to be permitted to restart a rest period anew as soon as practicable if the officer’s rest period is interrupted and provides that a subsequent uninterrupted rest period satisfies the rest period obligation. COVID-19-Related Laws. The California Department of Water Resources is planning to recommend standards for outdoor use by 2021, the report said. The legislation, which took effect in 2016, authorized automatic voter registration in California for any individuals who visit the Department of Motor Vehicles to acquire or renew a driver's license. This bill also added an enhanced handwashing requirement for retail food facilities, permitting them to wash their hands every 30 minutes and additionally as needed. SB-1383 expands the California Family Rights Act (“CFRA”) and the New Parent Leave Act (“NPLA”) to make it an unlawful employment practice for any employer with fiveor more employees to refuse to grant a request by an employee to take 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. The law also eliminates the 75-mile radius for purposes of counting employees (but keeps the requirement that to be eligible for leave the employee must have at least 1,250 hours of service with the employer during the previous 12-month period). The training must be conducted in the language understood by the minor and his or her parent or legal guardian “whenever reasonably possible.”. As defined by this statute, an “outbreak” exists if (1) the employer has 100 employees or fewer at a specific place of employment, four employees test positive for COVID-19; (2) the employer has more than 100 employees at a specific place of employment, 4 percent of the number of employees who reported to the specific place of employment test positive for COVID-19; or (3) a specific place of employment is ordered to close by a local public health department, the State Department of Public Health, the Division of Occupational Safety and Health, or a school superintendent due to a risk of infection with COVID-19. Below are the highlights curated by our Employment Law Group. New California Cannabis Laws for 2021 AB 1872 (The Tax Freeze one): Newsom technically signed this one last week, but it’s still critically important and covered by this legislative session. The bill expands the prohibition of discharging, discriminating, or retaliating against employees for taking time off who are victims of domestic violence, sexual assault, or stalking to include “or other crime or abuse” “that caused physical injury or that caused mental injury and a threat of physical injury” and “a person whose immediate family member is deceased as the direct result of the crime.” The bill defines “crime” as “a crime or public offense as set forth in Section 13951 of the Government Code, and regardless of whether any person is arrested for, prosecuted for, or convicted of, committing the crime.”. Employers are entitled to an offset for any supplemental COVID-19 leave provided to an employee for the covered reasons since March 4, 2020, such as COVID-19 leave provided pursuant to an executive order or local ordinance, or voluntarily by an employer. The worker is prohibited from working by the hiring entity due to health concerns related to the potential transmission of COVID-19. SB-1384 modifies Labor Code section 98.4, which previously provided only that the Labor Commissioner could represent indigent claimants in de novo proceedings (appeals of Labor Commissioner wage claim awards). review and revise employee handbooks to ensure that they are otherwise up to date. To embed, copy and paste the code into your website or blog: Your first step to building a free, personalized, morning email brief covering pertinent authors and topics on JD Supra: [HOT] Read Latest COVID-19 Guidance, All Aspects... [SCHEDULE] Upcoming COVID-19 Webinars & Online Programs, [GUIDANCE] COVID-19 and Force Majeure Considerations, [GUIDANCE] COVID-19 and Employer Liability Issues. Gun advocates plan to sue the state over the new laws … Current law provides that a person who believes that he or she has been discharged or otherwise discriminated against in violation of any law enforced by the Labor Commissioner must file a complaint with the DLSE within six months after the occurrence of the violation.AB-1947 extends the time period to file such a complaint to one year. Boards of Directors. “The new laws make it likely that water agencies will need to offer more rebates for homeowners and business owners who replace lawns with drought-tolerant plants and who purchase water efficient appliances. Other additions include workers who provide underwriting inspections and other services for the insurance industry, a manufactured housing salesperson, people engaged by an international exchange visitor program, consulting services, animal services, and competition judges with specialized skills. COVID-19 Supplemental Paid Sick Leave. Get Laminated, All in One 2021 California Labor Poster that includes all Mandatory Postings required by DAS. LIST: New California laws in 2020 ... (KRON) – New state laws are going into effect across California with the start of the new year. AB-1512 remains in effect only until January 1, 2027. Employers will have 30 days from receipt of a right-to-sue letter to request mediation. New California Employment Laws for 2021. Employers with a California workforce should: Finally, employers should make sure that they are in compliance with state and local minimum wage laws. For all other employees, the rebuttable presumption is applied only if the employee works for an employer with five or more employees and the employee tests positive for COVID-19 within 14 days after reporting to his or her place of employment during a COVID-19 “outbreak” at the employee’s specific workplace. As with the prior law, no-hire agreements are permissible where there has been no claim against the employer in court, before an administrative agency, in an alternative dispute resolution forum, or through the employer’s internal complaint process. 91206. Additionally, the law imposes reporting requirements on employers for purposes of the outbreak presumption. AB-979 will require that such corporations also have at least one director from an underrepresented community by the end of 2021. The staggering new … The SPSL requirement will end as of December 31, 2020, or when the FFCRA expires, if later. Currently, an employer is only required to grant both employees a combined total of 12 workweeks of unpaid protected leave during the 12-month period. 4-2001 and 5-2001 of the Industrial Welfare Commission to include part-time or “adjunct” faculty at private, nonprofit colleges and universities in California. Expansion of Cal/OSHA Laws (AB 685) - This law expands Cal/OSHA's authority by allowing them to shut down worksites that expose employees to COVID-19 imminent hazards. SPSL may be used for any of the following reasons: Employees are entitled to pay for SPSL at the highest of (1) the worker’s regular rate of pay for the last pay period, (2) the State minimum wage, or (3) the local minimum wage (capped at $511 per day and $5,110 in the aggregate). Finally, the bill requires the DFEH to create a small employer family leave mediation pilot program for employers with between five and 19 employees. The bill revises the conditions under which business service providers providing services pursuant to contract to another business are exempt, and the criteria for the referral agency exemption. SB-1159 takes effect immediately and remains in effect through January 1, 2023. AB 685 (Chapter 84, Statutes of 2020) is a California law signed by Governor Gavin Newsom on September 17, 2020. There are also other scenarios where workers are entitled to overtime in California. The amount of SPSL available depends upon the covered worker’s schedule. Posted in California Legislation Update. By Anthony Zaller on September 18, 2020. The law became effective immediately, and covered employers should review and update their policies to ensure compliance with this new law. Gun violence restraining orders: A number of new laws are aimed at keeping guns from those who are a danger to themselves or others. 2020 New Laws: California's new wildfire laws explained. By continuing to browse this website you accept the use of cookies. There's a reason your inbox has been getting spammed with … Classification of Independent Contractors. AB 685 (Chapter 84, Statutes of 2020) is a California law signed by Governor Gavin Newsom on September 17, 2020. This law only applies to security officers covered by a valid collective bargaining agreement that expressly provides for (1) the wages, hours of work, and working conditions of employees; (2) rest periods for those employees; (3) final and binding arbitration of disputes concerning application of its rest period provisions; (4) premium wage rates for all overtime hours worked; and (5) a regular hourly rate of pay of not less than one dollar more than the state minimum wage rate. DISCLAIMER: Because of the generality of this update, the information provided herein may not be applicable in all situations and should not be acted upon without specific legal advice based on particular situations. AB-685 allows Cal/OSHA to issue Orders Prohibiting Use to shut down entire worksites, or specific worksite areas, that expose employees to an imminent hazard related to COVID-19. Read about each one here. 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