This means that employers may have to carefully administer FMLA and CFRA leave requests separately in order to stay compliant with both laws. 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. Statute of Limitations for Labor Code Complaints. The existing pay stub requirement for paid sick leave has been expanded to require that available SPSL also be reflected on employees’ pay stubs or by a separate writing provided on the designated pay date with the employee’s payment of wages. California Employers Getting Hit Hard Again with New 2021 Employment and Labor Laws. 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.”. 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. Covered employers are required to report the number of employees by race, ethnicity, and sex in each of the following 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. Statements of Information. October 15, 2020 | From HRCalifornia Extra by James W. Ward, J.D. Tags: California Employment Laws, Scott Thomas Green, The Green Law Group We are releasing the newest segment in our Webinar Series, New Employment Laws for 2021. Kin Care. 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. SB-1159 creates a rebuttable presumption that any COVID-19-related illness of an employee arises out of, and in the course of, the employment for purposes of awarding workers’ compensation benefits. Employers may be subject to civil penalties of up to $10,000 for violating these reporting requirements. The contact form sends information by non-encrypted email, which is not secure. 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. Finally, the bill requires the DFEH to create a small employer family leave mediation pilot program for employers with between five and 19 employees. These are not, of course, the only employment law changes in California that will take effect in 2021. 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. Below are a few highlighted laws that organizations with employees in California should be aware of and prepared for as they become effective January 1, 2021. Employers also cannot force you to waive your right to the protections of California labor law. Previously, the CFRA and NPLA applied only to employers with 50 or 20 employees (respectively) within a 75-mile radius. 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). Even with all the unexpected challenges of 2020, the California State Legislature still passed employment laws that will take effect in 2021. In addition, the law requires an employer that employs both parents of a child to grant leave to each employee. The SPSL requirement will end as of December 31, 2020, or when the FFCRA expires, if later. SB-1159 takes effect immediately and remains in effect through January 1, 2023. Second, the definition of “family members” is expanded beyond what is defined in the Family Medical Leave Act (FMLA). 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. 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. 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 applies to health care employees and emergency responders whose employers opted out of compliance with the federal Families First Coronavirus Response Act (“FFCRA”). AB 685 (Chapter 84, Statutes of 2020) is a California law signed by Governor Gavin Newsom on September 17, 2020. AB-979 will require that such corporations also have at least one director from an underrepresented community by the end of 2021. Employers should keep abreast of their responsibilities, while workers — December 30, 2020 AB-2017 amends the kin care law to provide that the designation of the sick leave is at the “sole discretion” of the employee. AB-1512 remains in effect only until January 1, 2027. determine whether they are required to provide COVID-19 supplemental paid sick leave and develop policies for providing it, evaluate whether workers currently classified as independent contractors are properly classified, and. The second creates a rebuttable workers’ compensation presumption for workers that contract COVID-19 under certain conditions. There are additional requirements for calculating the amount of leave due to an employee with a variable schedule. This website uses cookies to improve user experience, track anonymous site usage, store authorization tokens and permit sharing on social media networks. 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. In this latest video, our attorney Matt Bechtel talks about the key new laws you need to know about if you are a California … Some of the regulations signed by Gov. Even with all the unexpected challenges of 2020, the California State Legislature still passed employment laws that will take effect in 2021. Learn more about some of the many changes that will take effect in 2021: It should be no surprise that many of these new laws address the immediate safety concerns presented by the coronavirus pandemic. Firefighters can be entitled to more than 80 hours of SPSL if they were scheduled for more than 80 hours in the preceding two weeks. The bill expands the Labor Commissioner’s representation to arbitrations for claimants who cannot afford counsel, requires employers to serve petitions to compel arbitration on the Labor Commissioner, and allows the Labor Commissioner to represent claimants in proceedings to determine whether arbitration agreements are enforceable. 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. Diversity Requirement on Corporate Boards of Directors (AB 979-Effective January 1, 2021) In 2018, the California legislature passed a law requiring publicly held corporations headquartered in California to include women on their boards by December 31, 2021 (SB 826). The following is a summary of those laws. Effective immediately, AB-2257 amends AB-5 to revise and add exceptions to the “ABC Test” used to determine whether a worker is properly classified as an employee or independent contractor. Law Firms: Be Strategic In Your COVID-19 Guidance... [GUIDANCE] On COVID-19 and Business Continuity Plans. Our experienced business lawyers can help your company update practices to stay compliant with 2021 employment laws and avoid unnecessary liability. The training must be conducted in the language understood by the minor and his or her parent or legal guardian “whenever reasonably possible.”. COVID-19 Supplemental Paid Sick Leave. review and revise employee handbooks to ensure that they are otherwise up to date. An exemption for business-to-business relationships between two or more sole proprietors has also been created. Existing law requires publicly held domestic or foreign corporations whose principal executive office is located in California to have a minimum number of female directors on their boards depending on the total number of directors. 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 than 26 employees). Gavin Newsom take effect on Jan. 1, 2021. Key Points: Numerous new California laws going into effect on January 1, 2021 (or earlier), will impact employers and employees. 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. This greatly expands the number of California employers who are subject to the Act. New regulations by the California … Settlement Agreements in Employment Disputes. Covered workers scheduled to work, on average, 40 hours per week over the two-week period preceding SPSL are entitled to the full 80 hours. What are the primary revisions that should be made to keep up with the most recent employment laws? The law also enables Cal/OSHA to issue citations for serious violations related to COVID-19 without giving employers 15-days’ notice before issuance. 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. It is accordingly time for California employers to review their policies and practices to ensure compliance with the new laws that go into effect January 1, 2021. Employers must also report the total number of hours worked by each employee in each pay band. That's right; it's time to prepare for the new year, which means being aware of the latest labor and employment laws that are sure to impact your organization. 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