Tuesday, September 22, 2020
Within the final two weeks, the California Legislature has enacted quite a few payments referring to employer obligations in mild of COVID-19. 5 of those payments have already been signed into regulation by Governor Newsom. The rest should still be signed by Governor Newsom on or earlier than September 30, 2020, which is able to set off both a direct or a January 1st efficient date. Beneath is a abstract of the laws signed into regulation by Governor Newsom.
AB 2257 – AB 2257 modifies the statutory scheme of AB5. AB5 was itself enacted in 2019 and codified the strict “ABC Take a look at” for classifying staff as impartial contractors. AB 2257 provides over fifty classes of staff which might be exempt from the “ABC Take a look at” and as a substitute are topic to the extra average “Borello multi-factor check,” for goal of figuring out impartial contractor standing. For an in depth dialogue relating to AB 2257, please click on right here.
AB 1867 – AB 1867 touches on three areas of employment. First, the invoice gives 80 hours of paid supplemental sick go away for California workers of employers with 500 or extra workers nationwide and for well being care suppliers or emergency responders which were exempted from paid sick go away beneath the federal Household First Coronavirus Response Act. Second, the invoice gives for hand-washing necessities and additional go away entitlements for meals sector workers. Third, the invoice requires employers to replace their wage statements or different written discover relating to the quantity of supplemental paid sick go away. For an in depth dialogue relating to AB 1867, please click on right here.
SB 1159 – Creates a disputable presumption, beneath particular circumstances, for an worker who suffers sickness or loss of life ensuing from COVID-19 on or after July 6, 2020 by way of January 1, 2023, that the worker contracted COVID-19 within the course and scope of employment. The disputable presumption is raised beneath the next circumstances: (1) the worker exams constructive for COVID-19 inside 14 days after a day that the worker carried out labor or providers on the worker’s place of employment; (2) the day on which the worker carried out labor or providers on the worker’s place of employment on the employer’s course was on or after July 6, 2020; and (3) the worker’s constructive check occurred throughout a interval of an outbreak on the worker’s particular place of employment. A extra detailed dialogue relating to SB 1159 is forthcoming on Polsinelli at Work.
AB 685 – Requires employers to report an outbreak of COVID-19 to native public well being officers. The brand new regulation additionally requires employers to report recognized instances to workers who could have been uncovered to COVID-19 inside one enterprise day. Additional, the brand new regulation expands Cal/OSHA’s authority to situation cease work orders for workplaces that pose a danger of an “imminent hazard” referring to COVID-19, i.e., hazards threatening instant and critical bodily hurt. A extra detailed dialogue relating to AB 685 is forthcoming on Polsinelli at Work.
SB 1383 – Expands the duty to supply as much as 12 workweeks of unpaid job-protected go away throughout any 12-month interval for sure lined causes to small workers (with as little as 5 workers) not lined earlier than. Additional, beforehand, go away for functions of caring for a member of the family was obtainable provided that the member of the family was the worker’s youngster, a mother or father, partner, or home companion. SB 1383 permits eligible workers to look after grandparents, grandchildren, and siblings, not like beneath the prior CFRA statute. Nevertheless, workers nonetheless want to satisfy eligibility necessities, predominantly – 12 months of service and 1,250 hours labored within the earlier 12-month interval, to qualify for household and medical go away. A extra detailed dialogue relating to SB 1383 is forthcoming on Polsinelli at Work.
These current modifications in California regulation overlay with the U.S. Division of Labor’s lately revealed regulatory steerage on September 14, 2020, referring to paid go away entitlements beneath the federal Household First Coronavirus Response Act (FFCRA), which, amongst different issues, considerably narrows the definition of who’s a “well being care supplier” that could be excluded from the FFCRA’s paid go away entitlement. For an in depth dialogue relating to the DOL’s new steerage, please click on right here.
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