This was an “urgency bill” so it took effect immediately after it was signed by the Governor on September 4, 2020. These laws go into effect on January 1, 2021. SB 1383. The new specific exemptions are too numerous to mention here, but include various members of the recording industry (i.e. Labor Code sections 320 and 230.1 currently prohibit an employer from discharging, discriminating, or retaliating against an employee who is a victim of domestic violence, sexual assault, or stalking, for taking time off work:  1) to obtain relief for the health and safety of themselves or their children, or 2) for employers with 25 or more employees, to obtain medical attention. Image Source: ppic.org. Do not submit any personal or private information unless you are authorized and have voluntarily consented to do so. This new law merely clarifies that employees have the right to decide when they will use accrued and unused paid sick leave to care for a family member. The bill requires employers who are subject to this law to provide to employees who are mandated reporters training on child abuse and neglect. 2143). Existing law established within the state disability insurance program a Paid Family Leave program that provides wage replacement benefits to employees who take time off to care for a family member with a serious illness or to bond with a new baby within 12 months of the child’s birth or placement for foster care or adoption. For full functionality of this site it is necessary to enable JavaScript. The presumption applies if the employer has at least 5 employees, the employee tests positive within 14 days after the employee performed work at the employer’s place of employment at the employer’s direction, the work date was July 6, 2020, or later, and the positive test occurred during a period of an “outbreak,” as defined in this statute, at the employer’s place of employment. Gavin Newsom aim to prevent COVID-19 exposure in the workplace. 1383). To avail itself of the exception, the law now requires that the employer’s determination that the employee engaged in sexual harassment or sexual assault be documented before the aggrieved person files their claim, and also expands the exception to a documented good faith determination, before the employee filed his or her claim against the employer, that the employee engaged in any criminal conduct. The CHP in particular highlighted three new laws in a recent press release, noting that each of the new laws will be bringing a large […] California Family Rights Act Expanded (S.B. In 2021, companies with just 5 or more employees must grant the same amount of unpaid family leave. If you are a public corporation with headquarters in California, ensure your board of directors has the appropriate number of directors from underrepresented communities. This new law adds a requirement that the aggrieved person’s (the employee) claim against the employer must have been filed in good faith, for the “no hire” clause prohibition to apply. 685). Finally, in anticipation of the expansion of CFRA to small employers, A.B. SAN FRANCISCO, Calif. – A new year comes with new laws.We are just days away from 2021 and many news laws will go into effect across California. 1867 enacts a small employer family leave mediation pilot program. Here a few of the new laws taking effect in 2021 in California: Demilitarizing police uniforms Law enforcement will no longer be allowed to wear uniforms … The shutdown will be limited to the immediate area of the imminent hazard. Perhaps the California legislature passed fewer laws this past year due to the pandemic or the general election, but here are the major new laws coming to the Golden State in 2021. New California laws taking effect in 2021 California Connection. Currently, the California Family Rights Act (“CFRA”) requires companies with 50 or more employees to offer 12 weeks of unpaid family leave. 685, establishes standards for employers to follow in handling potential COVID-19 exposures and outbreaks and provides the Division of Occupational Health and Safety (“Cal-OSHA”) with the means to protect employees from an imminent hazard due to COVID-19. The COVID-19 SPSL provisions are set to expire on December 31, 2020, or the date of the expiration of any extension of the Emergency Paid Sick Leave Act established by the FFCRA. Review and update your employee handbooks, specifically including policies on family and medical leave, paid sick leave, leave for crime victims, and paid family leave benefits. COVID-19 Emergency Temporary Standards: What Do Employers Need to Know? This law requires publicly-held corporations whose principal executive office is in the state of California to include at least one director from underrepresented communities on its board by the end of 2021. First, new Labor Code section 248 codifies Executive Order 51-20 providing COVID-19 Supplemental Paid Sick Leave (“COVID-19 SPSL”) to food sector employees who work for employers with 500 or more employees nationwide. If you are a private employer with 100 or more employees, make sure to submit a pay data report to the DFEH by March 31, 2021. On January 1, 2021, California's statewide minimum wage will increase to $14 per hour for employers with 26 or more employees and $13 per hour for employers with 25 or fewer employees. 1947). California enacted a law in 2010 requiring brake pads to have less than 5% copper content in them by 2021. The new law will also allow additional reasonable forms of documentation to verify a crime or abuse has occurred. If a security officer is not permitted to take an uninterrupted rest period of at least 10 minutes for every 4 hours worked or major fraction thereof, the officer must be paid one additional hour of pay at the employee’s regular base hourly rate of compensation. LOS ANGELES, Dec. 28, 2020 /PRNewswire/ -- Major reforms to California's criminal justice system are set to take effect January 1, 2021.Key changes include enlightening the … Here a few of the new laws taking effect in 2021 in California: Demilitarizing police uniforms. B. The law requires the Employment Development Department to provide DFEH, upon its request, the names and addresses of all businesses with 100 or more employees. If you have minor employees, be aware of your mandated child abuse reporting obligations and provide training on the subject to human resources and supervisors. California New Laws 2021 Sacramento, CA – Part 10 of New California laws for 2021 includes contractors, human trafficking, tenancy, special elections, dental hygienists, tribal gaming and more. Cal-OSHA will be allowed to shut down a place of employment or operation or process when, in its opinion, workers are exposed to the risk of infection from COVID-19 so as to constitute an imminent hazard. Below are the highlights curated by our Employment Law Group. Stay tuned…. Due to the lowered employer coverage threshold for CFRA, the New Parent Leave Act will be superfluous and is repealed effective January 1, 2021. California Family Rights Act Expanded (S.B. More Employees Will Have Guaranteed 12 Weeks of Unpaid Family Leave. 2399 revises certain definitions and documentation requirements within the existing statute for purposes of the qualifying exigency leave. You never know when an unexpected Zoom meeting will pop up. 6 New California Laws That May Impact Your Life In 2021 - Los Angeles, CA - Hundreds of bills were signed into law in 2020. Posted: Dec 29, 2020 / 04:59 PM PST / Updated: Dec 29, 2020 / 04:59 PM PST. 1963)  This law amends Penal Code 11165.7 to add to the list of mandated reporters of child abuse: (1) Human Resources employees of a business of 5 or more employees that employs minors and (2) for the purpose of reporting sexual abuse, an adult whose duties require direct contact with and supervision of minors in the performance of the minors’ duties in the workplace of a business of 5 or more employees. Assembly Bill 47, Daly. Hope Case This law also requires an employer who receives notice of potential COVID-19 exposure to do all of the following within one business day: (a) provide written notice to all employees and the exclusive representative of such employees, if any, and the employers of all subcontracted employees, who were onsite within the infectious period (currently 14 days, including 48 hours before the individual developed any symptoms) that they may have been exposed to COVID-19; (b) provide all employees who may have been exposed and their exclusive representative, if any, with information about all COVID-19-related benefits to which the employee may be entitled including workers’ compensation, paid sick leave, supplemental paid sick leave, state mandated leave, and anti-retaliation and anti-discrimination protections; and (c) notify all employees and the exclusive representative of such employees, if any, and the employers of all subcontracted employees, of the disinfection and safety plan the employer plans to implement and complete per Centers for Disease Control guidelines. If you file a Statement of Information, remember to include whether any officer or director, or for LLC’s manager or member, has an outstanding final judgment for any wage and hour violation. (602) 385-3370, 1900 Embarcadero Road Time to Bring DLSE Complaints Expanded (A.B. See https://www.dir.ca.gov/dlse/FAQ-for-PSL.html, As with standard paid sick leave, employers must record the amount of COVID-19 SPSL available for use to employees either as part of employees’ itemized wage statements or in a separate writing each payday. An employee’s home is excluded from the definition of “place of employment.”  This urgency legislation was effective as of September 17, 2020, and expires January 1, 2023. 1159). (858) 381-4890 Suite 111 Please be aware that this is not a secure email network under HIPAA guidelines. As we continue to work to flatten the curve, here are some recommended action items: Please contact your Sacks, Ricketts & Case employment attorney for further guidance in navigating new California employment laws. READ THE FULL STORY:New California laws going into effect in 2021 CHECK OUT KCRA: Stay informed. Suite B-60 Labor Code 248.1 also provides COVID-19 SPSL to health care employees and emergency responders who were excluded from the FFCRA’s emergency paid sick leave provisions. SAN FRANCISCO, Calif. (KRON) – A new year comes with new laws. 5, the codification of the ABC test from Dynamex v. Superior Court, 4 Cal. mescue@srclaw.com, Nancy Kawano California Legislative Counsel Legal Opinion Disputes Constitutionality of Alex Padilla Appointment Without Election - December 29, 2020; The Missing Info From Gov. Law enforcement will no longer be allowed to wear uniforms that have camouflage or otherwise resemble military uniforms. Expert Opinion New California labor laws to look out for in 2021 Here's a quick overview of some of the major regulations that California employers will want to be aware of as we begin 2021. We are not liable for any HIPAA violations. The new laws were released mid December by the California … Mandated Child Abuse Reporting (A. The provisions that apply to food sector workers are retroactive to April 16, 2020 (the date of Executive Order 51-20), and the provisions for nonfood sector employee are effective as of September 19, 2020. (The Families First Coronavirus Response Act (“FFCRA”) provided COVID-19 SPSL to employees who work for employers with less than 500 employees nationwide.) 2992). 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. Forcing diversity in corporate boards of directors. For full text details and authorship regarding individuals laws and the effective dates, just click on the bill number for full text access via the California Legislature. On September 25, 2020, the U.S. Department of Labor issued proposed Rules to clarify the determination of independent contractor status under federal law based on an “economic reality” test. 1867 also adds Health and Safety Code section 113963 to specifically authorize food employees in any food facilities to wash their hands every 30 minutes, and more often if needed. The employer must continue to notify the local health department of any subsequent laboratory-confirmed cases of COVID-19 at the workplace. This field is for validation purposes and should be left unchanged. Here are just some of the new laws for 2021 (CLICK HERE for full list):. 5th 257 (2016). You are advised to consult an attorney about any specific legal question. Here are a handful of them that may affect you the most. Californians will barely notice most of the hundreds of new laws going into effect in 2021. Phoenix, AZ 85004 Existing law authorizes people who believe that they have been discharged or otherwise discriminated against in violation of any law enforced by the Labor Commissioner to file a complaint with the Division of Labor Standards Enforcement (“DLSE”) within six months after the occurrence of the violation. According to recent news from the California Highway Patrol (CHP), four new road safety laws will go into effect in the New Year.. Additionally, an employer must notify the local public health agency of a COVID-19 “outbreak” (currently three or more cases in a 14-day period) within 48 hours of learning of the outbreak. The contents of this newsletter are intended for general informational purposes only and should not be construed as legal advice or a legal opinion. Paid Family Leave Benefits Expanded (A.B. These provisions are effective immediately (as of Governor’s signing on September 17, 2020) and will expire on January 1, 2023. AB 512 authorizes unionized security officers who are 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. B. 1867). Laws set by 2021 vehicle manufacturers cannot make brake pads with more than 5% copper content. To be eligible for CFRA, an employee must still be employed at least 12 months and have worked at least 1250 hours in the previous 12 months. In A.B. Annual Report Pay Data (S.B. More Employees Will Have Guaranteed 12 Weeks of Unpaid Family Leave. The Labor Commissioner then has three years to commence actions to enforce labor standards. COVID-19 Imminent Hazard Notice (A.B. Here are five you should know about, on … AB 1196 prohibits police in California from using chokeholds and carotid holds. This new law significantly expands the California Family Rights Act (“CFRA”), the state family and medical leave law, by lowering the threshold for employer coverage from a minimum of 50 employees to 5 or more employees, effective January 1, 2021. From 2021 to 2023, a new CA law will require businesses to notify employees and the general public of a coronavirus exposure at the workplace within a day of exposure. This provision only applies if the employee is covered by a valid collective bargaining agreement that expressly provides for the wages, hours of work, and working conditions of employees, and expressly provides for rest periods for those employees, final and binding arbitration of disputes concerning 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. More reasons to stay in or leave California? ), freelance writers, translators, still photographers, photojournalists, freelance editors, newspaper cartoonists, insurance inspectors, and real estate appraisers. Others continue the push to give employees more support, such as paid leave and disability insurance. The new law clarifies that a sole proprietorship may qualify for the business-to-business exemption and that a business services provider need only have the opportunity to contract with other clients, rather than actually have contracts with other clients. Under this program, small employers (i.e., those with between 5 and 19 employees) or employees can, within specified time frames (i.e., within 30 days of the receipt of a right to sue notice for CFRA claims), request all parties to participate in a dispute resolution program to be established by the Department of Fair Employment and Housing (“DFEH”). recording artists, musicians, producers, etc. please upgrade IE 11 or later, Alternatively, you can install and use these secure and newest browsers: Chrome | Firefox | Safari for MacOS | Edge for Windows. Sick Leave Kin Care (A. Encinitas, California, 92024 Required fields are marked *. The state legislature also did its part. 1512). A new year quickly approaching is causing many people to hope that a time of uncertainty is finally coming to an end. Leave for Victims of Crime or Abuse (A.B. The minimum wage in California increases to $14/hour on January 1, 2021, for employers with 26 or more employees. In addition, while CFRA is currently available for the serious health condition of a child, spouse, or parent of an employee, the new law’s expanded reach covers leave to care for an employee’s child (including adult children), spouse or domestic partner, parent, grandparent, grandchild, or sibling who has a serious health condition. COVID-19 Supplemental Paid Sick Leave, Hand Washing, and CFRA Mediation (A.B. A.B. Existing law prohibits an employer from requiring a “no hire” provision as a condition of settling an employment dispute, unless the employee had engaged in sexual harassment or sexual assault. We detected that you're using an older version of Internet Explorer. Your email address will not be published. We are just days away from 2021 and many news laws will go into effect across California. Independent Contractors (A.B. The California Consumer Privacy Act of 2018  (CCPA) granted consumers certain privacy rights with respect to personal information collected by a business, including personal information collected by covered businesses regarding applicants, employees, contractors (and specified others) (“HR Data”). As 2020 comes to a close, California is enacting new laws for 2021. Law enforcement in California will no longer be allowed to wear uniforms that have camouflage or otherwise resemble military uniforms. Newsom’s Daily Press Briefings - December 29, 2020; California Employers Getting Hit Hard Again with New 2021 Employment and Labor Laws - December 28, 2020 5th 903 (2018). California has new traffic laws pertaining to good samaritans, cell phone usage and more that are set to go into effect in 2021. By the end of 2022, boards with five to eight directors must include two directors from underrepresented communities, and boards with more than nine directors must include a minimum of three directors from underrepresented communities. Existing law prohibits an employer from requiring an employee to work during a mandated meal or rest or recovery period. by: FOX40 Web Desk. CFRA will also now be available for a qualifying exigency related to the covered active duty or call to covered active duty of an employee’s child, spouse or domestic partner, or parent in the Armed Forces of the United States. As a reminder, the minimum wage in California is increasing to $14.00 per hour on January 1, 2021, for employers with 26 or more employees based on … 2800 N. Central Avenue AB 2542 states that if a suspect can show racial bias in case, they may be entitled to new trial or sentence. Several new laws will go into effect in California in 2021. 3075)  This law requires that as of the earlier of  January 1, 2022 or the date the Secretary of State certifies that California Business Connect is implemented, every corporation must include in its Statement of Information (filed at the time a corporation’s original articles are filed and at regular intervals thereafter)  a statement indicating whether any officer or director, or in the case of a limited liability corporation, a manager or member, has an outstanding final judgment issued by the Division of Labor Standards Enforcement or a court of law, for which no appeal is pending, for the violation of any wage order or provision of the Labor Code. The DFEH will maintain the pay data reports for a minimum of 10 years and it will be unlawful for the DFEH to make public any individually identifiable information obtained from the report prior to the institution of certain investigation or enforcement proceedings. Santa Clara County Enters New Phase to Contain the Coronavirus as Health Officer Issues Updated Order. 973). Suite 650 This applies to the violations of talking or texting while driving (except for hands-free use) and to any use of these devices while driving by a person under 18 years of age. California Labor Laws (2021) Employment Laws for California Employees Talk to an employment lawyer. Understand that if you email us, you are agreeing to the use of an unsecured method and understand that all replies will be sent in the same fashion, which you are hereby authorizing. 2257 clarifies the “business-to-business” exception to the ABC test and adds a laundry list of new exemptions. jholly@srclaw.com. Stop wearing pajamas as you work from home. Notably, the CCPA was previously amended to exempt until January 2021, all the CCPA’s requirements pertaining to HR Data except for two: (1) providing reasonable security measures to safeguard the HR Data from a breach, and (2) providing a Notice of Collection at or before the point of collection that describes i) the personal information the company will collect about these individuals, and ii) the business purposes for which the company will use that information. Review your independent contractor arrangements to ensure you have applied the correct test. New Labor Code section 248.1 provides covered workers COVID-19 SPSL if that worker cannot work due to any of the following reasons: (a) the worker is subject to a federal, state, or local quarantine or isolation order related to COVID-19; (b) the worker is advised by a health care provider to self-quarantine or self-isolate due to concerns related to COVID-19; or (c) the worker is prohibited from working by the worker’s hiring entity due to health concerns related to the potential transmission of COVID-19. SACRAMENTO, Calif. -- California Highway Patrol will be enforcing some new roadway safety laws that will take effect in 2021. (415) 504-3074 New California Laws Coming In 2021. Another COVID-19 related law, A.B. Is It 2021 Yet? Governor Newsom had a September 30 deadline to approve or veto bills passed by the legislature. Security Officer Rest Breaks (A.B. (650) 494-4950, 177 Post Street Suite 1910 Are there any news laws you wished were passed? 1159 modifies and extends Executive Order 62-20, creating a disputable presumption that illness or death related to COVID 19 is an occupational injury for the purpose of workers’ compensation benefits eligibility. This pilot program will remain in effect until January 1, 2024. In another COVID-19-related law, S.B. Further, on November 3, California will vote on Proposition 22 to determine whether app-based drivers and delivery workers may operate as independent contractors or must remain subject to the ABC Test. In this e-alert, we summarize the key new labor and employment laws, all of which become effective on January 1, 2021, unless identified as urgency legislation, in which case the requirements became effective immediately after the bill was signed by the Governor. Perhaps the California legislature passed fewer laws this past year due to the pandemic or the general election, but here are the major new laws coming to the Golden State in 2021. It is important to remember that meeting the criteria for a potential exemption to the ABC test does not mean the worker automatically qualifies as an independent contractor; it only means that worker’s status as employee or independent contractor will be governed by the Borello multi-factor test rather than the ABC test. The model notice for non-food sector employees can be found here: https://www.dir.ca.gov/dlse/COVID-19-Non-Food-Sector-Employees-poster.pdf. 5 or more employees will have Guaranteed 12 Weeks of Unpaid Family Mediation! Leave and disability insurance from requiring an employee to work during a mandated meal or or... Review your independent contractor arrangements to ensure you have applied the correct.... 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