This provision of the bill will expire on January 1, 2023. Provide written notice to the exclusive representative (union), if any, of the employees above. Following the reporting of an outbreak, the employer must continue to give notice to the local health department of any subsequent laboratory-confirmed cases of COVID-19 at the worksite. Provide notice to all employees, the employers of subcontracted employees, and the exclusive representative, if any, of the disinfection and safety plan that the employer plans to implement and complete, per CDC guidelines. AB 1867 requires the DFEH to create a small employer family leave mediation pilot program which would authorize a small employer or the employee to request all parties to participate in mediation through the DFEH’s dispute resolution division. Upon a claimant's request, the commissioner has the right to represent the claimant in proceedings to determine the enforceability of the arbitration agreement, notwithstanding whether the adjudication of the enforceability of the arbitration agreement is conducted in a judicial or arbitral forum. Businesses now have certainty that those two exemptions will continue for at least another year. 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 predecessor employer. However, b eginning July 1, 2021, this new law will levy an additional penalty on a driver found in violation of California’s hands-free law: a point will be added on to a driver’s record for each … A guide to the new California labor laws in 2021 The new year brings new legislation across the US, and this includes California labor laws. If a security officer is not permitted to take an uninterrupted rest period of at least 10 minutes for every four hours worked or major fraction thereof, the security officer must be paid one additional hour of pay at their regular base hourly rate. While a majority of the laws go into effect on January 1, 2021, some laws … SB 973’s requirement for employers to report pay data to the state of California starting in March 2021. 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. A petition to compel arbitration of a claim that is pending under Section 98, 98.1 or 98.2 must be served on the Labor Commissioner. Under the new law, a “director from an underrepresented community” means 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. This program expires as of January 1, 2024. Key Points: Numerous new California laws going into effect on January 1, 2021 (or earlier), will impact employers and employees. The California Labor Commissioner has published useful FAQs to assist employers. This bill amends Sections 230 and 230.1 of the Labor Code. The law amends the Labor Code by adding Section 515.7, which states that an employee providing instruction for a course or laboratory at an independent institution of higher education, as defined by the Education Code, shall be classified as exempt under the professional exemption if the employee meets both a duties and salary test. Code §§ 1400, et seq.) A “qualifying individual” is a person who: 1) has a laboratory-confirmed case of COVID-19; 2) has a positive COVID-19 diagnosis from a licensed health care provider; 3) has been ordered to isolate due to COVID-19; or 4) has died due to COVID-19. This bill amends sections 6325 and 6432 of the Labor Code and adds section 6409.6 to the Labor Code. 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. Five Employment Law Changes Employers Can Expect Under a Biden Administration AB 685 Requires Employers To Provide … Finally, should the employee be on a COVID-19 Supplemental Paid Sick Leave while the law expires, the employee is allowed to finish taking the amount of leave. On March 17, 2020, Governor Gavin Newsom issued Executive Order N-31-20, addressing the California Worker Adjustment and Retraining Notification (WARN) Act (Lab. Read about each one here. AB 2017 provides that when an employee takes sick leave to attend to the illness of a family member, the designation of sick leave is at the sole discretion of the employee. Within 48 hours of learning of the outbreak, employers must notify the local public health agency in the jurisdiction of the worksite of the names, number, occupation and worksite of qualifying individuals, as well as the employer's business address and NAICS code of the worksite where the qualifying individuals worked. The bill also requires the Employment Development Department to provide DFEH, upon its request, as specified, with the names and addresses of all businesses with 100 or more employees and authorizes the DFEH to seek an order requiring non-reporting employers to comply with SB 973. Any company that doesn’t comply with these requirements will face significant financial penalties consistent with the penalties previously implemented under SB826, including a $100,000 penalty for failing to timely file board member information with the Secretary of State pursuant to to-be-adopted regulations; a $100,000 penalty for the first violation of the new law; and a $300,000 penalty for the second and any subsequent violation. California New Laws 2021 Sacramento, CA – Part 9 of New California laws for 2021 includes school safety, wildfire mitigation, dogs and cats, clinical trials, controlled substances,public … Eligible employees are entitled to paid sick leave based on whether they are considered full-time or part-time. Notably, this bill expands employer coverage to include all employers with five or more … Finally, when employed under a collective bargaining agreement (CBA), the faculty member must be paid pursuant to that CBA if the classification of employment in a professional capacity is expressly included in the CBA in clear and unambiguous terms. Copyright © var today = new Date(); var yyyy = today.getFullYear();document.write(yyyy + " "); JD Supra, LLC. Starting January 1, 2021, pads used to write and fill prescriptions for controlled substances are required to have a 12-character serial number, a corresponding barcode, and other security features required by Assembly Bill 149… Minimum Wage - The minimum wage will increase by a dollar on January 1, 2021… (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. If circumstances do not allow for the employee to take such a rest period, the employer must pay the employee one hour of pay at the employee's regular rate of pay for the rest period that was not provided. SB 973 requires California private employers with 100 or more employees to submit a pay data report to the Department of Fair Employment and Housing (DFEH) by no later than March 31, 2021, and annually thereafter. The California legislature passed a series of new laws which real estate brokers and agents should be aware of as the industry moves into the new year. AB 1512 permits employers to require their unionized security officers to take on-duty rest breaks: i.e., to remain on the premises during rest breaks; remain on call during rest breaks; and carry and monitor a communication device during rest breaks. The law also places a retroactive reporting requirement on employers. Click here to read more about how we use cookies. 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 … Finally, for employers with 25 or more employees, AB 2992 prohibits the discharge of, or discrimination or retaliation against, employees who are victims and who need to take time off to seek medical attention for injuries caused by crime or abuse, obtain services from prescribed entities as a result of the crime or abuse, obtain psychological counseling or mental health services related to an experience of crime or abuse, or participate in safety planning and take other actions to increase safety from future crime or abuse. There’s a hefty … This bill adds Section 515.7 to the Labor Code. Employers may mandate this rule only if the collective bargaining agreement expressly provides for the employees' wages, hours of work, working conditions, rest periods, final and binding arbitration of disputes concerning application of the rest period provisions, premium wage rates for all overtime hours worked, and a regular hourly rate of pay of not less than one dollar more than the state minimum wage rate. This bill also extends COVID-19 Supplemental Paid Sick Leave to non-food sector employees such that sick leave must be provided to all employees who leave their homes or place of residence to perform work and who work for employers that have 500 or more employees nationwide. Prior to AB 1947, workers who prevailed in lawsuits alleging that their employer made, adopted or enforced a policy that prevented them from disclosing information to a government or law enforcement agency where they had reasonable cause to believe that the information disclosed a violation of a state or federal law could obtain damages, but were not permitted to recover attorney's fees. However, it does retain the requirement that, to be eligible for leave, an employee must have at least 1,250 hours of service with the employer during the previous 12-month period. For purposes of determining whether the employer has 500 or more employees in the United States, this bill incorporates the definition used by the FFCRA. Law Firms: Be Strategic In Your COVID-19 Guidance... [GUIDANCE] On COVID-19 and Business Continuity Plans. AB 1947 also authorizes a court to award reasonable attorney's fees to a plaintiff who successfully brings a whistleblower action under Labor Code Section 1102.5. A rest period is not interrupted simply because the officer must remain on the premises, remain on call and alert, and/or monitor a radio or other communication device. Most of the changes were revisions for grammar and consistency, but there are five minor updates – not specific to the employment context – discussed in our prior alert. This bill adds to, or repeals, section 12945.21 of the Government Code, adds section 113963 to the Health and Safety Code, amends section 248.5 of the Labor Code and adds Sections 248 and 248.1 to the Labor Code. Uses substantially the same facilities or substantially the same workforce to offer substantially the same services as the predecessor employer. 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). AB 736 expands the professional exemption under Industrial Wage Commission (IWC) Wage Order Nos. 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. © Faegre Drinker Biddle & Reath LLP var today = new Date(); var yyyy = today.getFullYear();document.write(yyyy + " "); | Attorney Advertising. To meet the duties test, the employee must be primarily engaged in an occupation that is commonly recognized as a learned or artistic profession and must customarily and regularly exercise discretion and independent judgment about the performance of his/her duties. This bill adds Section 77.8 to the Labor Code and repeals Sections 3212.86, 3212.87, and 3212.88 of the Labor Code. 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. California law requires that generally no less than the general prevailing rate of per diem wages be paid to workers employed on public works. Under the new law, if a security officer's on-duty rest period is interrupted (i.e., the officer is called upon to return to performing the active duties of their post prior to completing the rest period), the officer must be permitted to restart the rest period as soon as practicable. 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