Education. For purposes of determining whether an employer has 500 or more employees in the United States, employees are counted in the same manner as they are counted under the FFCRA, meaning that either this law or the FFCRA will apply to employees working in California. Please try again. In practice, this prohibits employers from discharging, discriminating or retaliating against an employee who is a victim of a crime or abuse from taking time off work to obtain relief to help ensure the health, safety, or welfare of the victim or the victim's child. 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. requiring certain private employers to submit annually a data report to the Department of Fair Employment and Housing (“DFEH”) containing specified wage information. New exceptions have been added for workers who create, market, promote, or distribute sound recordings or musical compositions, and for certain single-engagement live musical performances. Ammoland Inc. Posted on July 6, 2020 July 6, 2020 by AmmoLand Editor Jim Grant Governor Northam is up to … Classification of Educational Employees. 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. Employers may be subject to civil penalties of up to $10,000 for violating these reporting requirements. The law became effective immediately, adding section 515.7 to the Labor Code. Under the new law, employees will have the power to use their sick leave at "their sole discretion.". AB 685 (Chapter 84, Statutes of 2020) is a California law signed by Governor Gavin Newsom on September 17, 2020. Civil action may not be pursued until mediation is complete, and the statute of limitations will be tolled during this process. Employers are also obligated to report the number of employees by race, ethnicity, and sex whose annual earnings fall within each of the pay bands used by the U.S. Bureau of Labor Statistics in the Occupational Employment Statistics survey. Among the significant changes are removal of the annual 35-submission limit for freelancer writers, editors, newspaper cartoonists, still photographers, and photojournalists, though a variety of other requirements still must be met. AB-2143 amends Code of Civil Procedure section 1002.5 (prohibiting the use of no-rehire provisions in settlement agreements of employment-related disputes, except if the employer has made a good faith determination that the aggrieved party engaged in sexual harassment/assault) to allow an exception, permitting a no-rehire provision if the aggrieved party has engaged in criminal conduct. Every year hundreds of new California laws take effect Jan. 1. 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. 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 worker is prohibited from working by the hiring entity due to health concerns related to the potential transmission of COVID-19. Education. 17 New CA Laws Just Signed By Governor Newsom - Banning-Beaumont, CA - Gov. California Law Welcome to the California Law section of FindLaw's State Law collection. 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. You'll get more control over your data. 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. schedule a free consultation. 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. 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). CA In preparation for 2021, California employers have an abundance of new laws to decipher and comply with. In order for the sexual harassment/sexual assault/criminal conduct exception to apply, however, an employer must have documented the conduct before the aggrieved party filed the claim against the employer. California's new privacy law, AB 375, might not burden security as much as the GDPR, but details are subject to change. The California Department of Water Resources is planning to recommend standards for outdoor use by 2021, the report said. This information is not intended to create, and receipt or viewing does not constitute, an attorney-client relationship. New California is a new state in development exercising its constitutional Right to form from the State of California as codified under Article IV Section 3 of the United States Constitution and in the United States Declaration of Independence. In addition, the law requires an employer that employs both parents of a child to grant leave to each employee. 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. Job-Protected Family Leave. Employer Pay Data Reporting Requirement. Finally, the bill requires the DFEH to create a small employer family leave mediation pilot program for employers with between five and 19 employees. This new law slightly modifies the existing law by requiring that the aggrieved person has filed the claim in good faith in order for the prohibition to apply. September 30, 2020 is the deadline for Governor Newsom to sign into law all bills passed by the Legislature this year. Your message has failed. This section contains user-friendly summaries of California laws as well as citations or links to relevant sections of California's statutes.Please select a topic from the list below to get started. Expanded Protections for Victims of Crime or Abuse (AB 2992) - This law expands current protections for victims of domestic violence, sexual assault, or stalking to include protections for victims of crime or abuse. 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. School districts will have more power over the creation of new charter schools in their … 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. Additionally, the law imposes reporting requirements on employers for purposes of the outbreak presumption. 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 bill requires the officer to be paid one additional hour of pay at the employee’s regular base hourly rate of compensation. Also, those who have been treated for … Unless otherwise noted, all new laws mentioned below will take effect on January 1, 2021. This presumption, as created by Governor Newsom’s Executive Order N-62-20, was set to expire on July 5, 2020. COVID-19-Related Laws. 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. LIST: New California laws in 2020 ... (KRON) – New state laws are going into effect across California with the start of the new year. 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. The training must be conducted in the language understood by the minor and his or her parent or legal guardian “whenever reasonably possible.”. AB 2017 does not require employers to provide any additional paid time off—it simply clarifies who designates which type of sick leave is used when an employee uses a sick day. The information on this website is for general information purposes only. Copyright © var today = new Date(); var yyyy = today.getFullYear();document.write(yyyy + " "); JD Supra, LLC. 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. 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