Monday, December 21, 2020
The Biden Plan for Strengthening Employee Organizing Collective Bargaining and Unions particularly endorses a number of California employment legal guidelines as fashions for the entire nation. Accordingly, the various new employment legal guidelines set to take impact in California in 2021 (and some which have already taken impact) might very properly be a style of what’s to return for employers in all places. Subsequently, corporations that function in California, and even those who don’t, ought to turn out to be aware of new legal guidelines going into impact within the Golden State. We have now ready a abstract of those legal guidelines right here:
AB 685 (COVID Discover and Report Preserving)
AB 685 requires employers to offer discover to staff, unions, and employers of subcontractors who’ve been on the employer’s worksite if a person on the worksite has been ordered to quarantine because of COVID-19, has examined optimistic for COVID-19, has been identified with COVID-19, or has died from COVID-19. The discover to staff should inform them they had been doubtlessly uncovered to COVID-19, describe the corporate’s disinfection and cleansing procedures, and supply them with details about advantages accessible to them. The discover to an worker union should present the identical data that an employer would document on a Cal/OSHA Type 300 harm and sickness log. Employers can also have reporting necessities to the state Division of Public Well being underneath this legislation.
AB 1867 (COVID Supplemental Sick Time)
Efficient September 19, 2020, AB 1867 added COVID-19 supplemental paid sick go away necessities for employers with greater than 500 staff, and codified COVID-19 supplemental sick go away necessities for sure meals sector employees. Employers lined by this legislation should grant as much as 80 hours of supplemental paid sick go away to staff which might be topic to a government-mandated isolation order because of COVID-19, suggested by a well being care supplier to self-quarantine because of COVID-19, or prohibited from working because of considerations of potential transmission of COVID-19. AB 1867 is in impact till federal COVID-19 supplemental paid sick go away (Households First Coronavirus Response Act) expires, at the moment on December 31, 2020.
AB 2537 (COVID PPE for Direct Affected person Care)
In response to the COVID-19 pandemic, AB 2537 requires employers of employees typically acute care hospitals to offer private protecting gear (PPE) to staff with direct affected person care duties. Employers should additionally make sure that these staff use the PPE provided to them. Beginning April 1, 2021, these employers should preserve a stockpile of no less than three months’ value of PPE, and supply a list to the Division of Occupational Security and Well being upon request.
AB 1731 (Course of to Approve Work Sharing Plans)
At the moment, topic to the approval of the Director of the Employment Improvement Division, employers might create “work sharing” plans to keep away from layoffs that make the affected staff eligible for unemployment advantages for his or her lowered hours. AB 1731 creates a sooner, digital different submission course of for work sharing plan purposes. Work sharing plans submitted till September 1, 2023, will likely be deemed authorized for one 12 months upon approval of the director. This legislation is in impact till January 1, 2024.
AB 2257 and Proposition 22 (Worker Classification)
Handed in September 2019, AB 5 codified the Dynamex choice, which successfully eradicated the versatile multifactor (Borello) check for figuring out impartial contractor classification and changed it with a extra stringent check, referred to as the “ABC” check. Sure professions, equivalent to physicians, dentists, attorneys, and designers, amongst others, stay exempt from the “ABC” check.
AB 2257 creates dozens of further exemptions from the “ABC” check. Broadly, the invoice exempts sure occupations in reference to the music and performing arts industries, sure gross sales and advertising and marketing professions, a wide range of consulting companies, and a number of other different particular classes, equivalent to folks engaged in a global change customer program or registered skilled foresters. As well as, the invoice revises the exemption for business-to-business relationships and the exemption standards for referral companies and repair suppliers offering companies to purchasers. AB 2257 additionally revises exemptions for photographers, photojournalists, freelance writers, editors, and newspaper cartoonists. Lastly, the invoice creates an exemption for business-to-business relationships between two or extra sole proprietors.
Proposition 22, which handed on November 3, 2020, offers that an app-based driver could also be categorised as an impartial contractor if sure situations are met. This legislation additionally requires that app-based drivers be supplied a assured minimal earnings quantity and offers sure advantages, together with a well being care subsidy.
SB 1383/AB 1867 (Enlargement of Protected Household Depart)
SB 1383 expands the California Household Rights Act (CFRA) (which has similarities to the FMLA and permits eligible staff to take as much as 12 workweeks of go away for their very own or a member of the family’s critical well being situation or to bond with a brand new youngster) to use to employers with 5 or extra staff. This legislation additionally expands the definition of “member of the family” for whom the worker might present care throughout this go away to incorporate grandparents, grandchildren, and siblings. As well as, AB 1867 creates a pilot CFRA mediation program by January 1, 2024, for companies with 5-19 staff by the Division of Truthful Employment and Housing’s dispute decision program.
AB 2017 (Kin Care)
AB 2017 amends Part 233 of the Labor Code to present an worker the proper to designate when using accrued sick go away is used to look after a member of the family, also referred to as “kin care.” Employers who present sick go away are at the moment required to permit staff to make use of as much as half of their sick go away for the aim of “kin care.” AB 2017 clarifies current legislation to make it clear that the worker has sole discretion over whether or not sick go away is designated as kin care or not.
SB 973 (Required Reporting of Race and Gender Data)
SB 973 requires employers with 100 or extra staff to report pay knowledge to the Division of Truthful Housing and Employment by March 31 yearly. Employers are required to report the variety of staff by race, ethnicity, and intercourse in every of the next job classes: executive- or senior-level officers and managers, first or midlevel officers and managers, professionals, technicians, gross sales employees, administrative assist employees, craft employees, operatives, laborers and helpers, and repair employees. Employers depend people in these teams by a single pay interval of their selecting between October 1 and December 31 of the calendar 12 months previous March 31. The legislation doesn’t specify whether or not an employer will need to have 100 or extra staff in California, or if the employer should present data for all staff or solely these in California.
AB 979 (Administrators From Unrepresented Communities)
AB 979 requires that any publicly held company with its principal govt workplace in California will need to have no less than one director from an underrepresented neighborhood by the tip of 2021. By the tip of 2022, companies with boards of fewer than 4 administrators will need to have no less than one director from an underrepresented neighborhood; boards of 4 to 9 administrators, no less than two administrators from underrepresented communities; and boards of greater than 9 administrators, no less than three administrators from underrepresented communities. A director who’s from an underrepresented neighborhood is outlined as a person who’s “Black, African-American, Hispanic, Latino, Asian, Pacific Islander, Native American, Native Hawaiian or Alaska Native or who self-identifies as homosexual, lesbian, bisexual, or transgender.”
AB 2143 (“No-Rehire” Provisions in Settlements)
AB 2143 amends Part 1002.5 of the Code of Civil Process, which prohibits using no-rehire clauses in settlement agreements with present or former staff. The legislation now requires that the underlying declare have to be made in good religion. The legislation additionally expands the exemption for situations wherein the employer has made an excellent religion willpower that the worker engaged in sexual harassment or sexual assault to additionally embody an excellent religion willpower that the worker engaged in “any legal conduct.” This legislation doesn’t apply to agreements entered into earlier than January 1, 2020.
Proposition 24 (California Client Privateness Act)
Proposition 24 modifies the California Client Privateness Act (CCPA) because it applies to worker knowledge and data collected as a part of an individual’s employment or utility for employment. Proposition 24 exempts this worker data from the CCPA for an extra two years, pushing the efficient date of CCPA protection for this type of knowledge to January 1, 2023.
AB 1963 (HR Personnel as Mandated Youngster Abuse Reporter)
AB 1963 provides human assets staff in companies with greater than 5 staff to the checklist of people mandated to make a report if, of their skilled capability or throughout the course of employment, they observe or moderately suspect a toddler has been the sufferer of kid abuse or neglect. The legislation defines “human assets worker” as an worker who’s designated by the employer to simply accept complaints of misconduct. Employers with staff that are actually designated reporters should practice the workers about their reporting necessities. The coaching should embody coaching in youngster abuse and neglect identification and reporting. The coaching requirement could also be met by finishing the overall on-line coaching for mandated reporters supplied by the Workplace of Youngster Abuse Prevention within the state Division of Social Companies.
AB 1947 (Statute of Limitations for Complaints to Division of Labor Requirements Enforcement)
AB 1947 extends the time wherein people might file an illegal discharge or different illegal discrimination criticism with the Division of Labor Requirements Enforcement from six months to 1 12 months. AB 1947 additionally permits for attorneys’ charges to be granted to profitable whistleblowers.
AB 1512 and AB 2479 (Relaxation Durations for Sure Industries)
AB 1512 permits employers of safety guards with legitimate collective bargaining agreements to require safety guards to stay on the premises throughout their relaxation interval and stay on name throughout that point. If the safety guard is interrupted throughout this break, the safety guard have to be allowed to restart the remainder interval as quickly as practicable. If this isn’t potential, the employer should pay one further hour of pay for every workday the remainder interval is missed. This legislation is in impact by January 1, 2027.
AB 2479 extends the exemption from common relaxation interval guidelines for specified staff who maintain safety-sensitive positions at petroleum services till January 1, 2026.
AB 2992 (Prohibition of Discrimination of Crime Victims)
AB 2992 prohibits an employer from discharging, discriminating, or retaliating in opposition to an worker who’s a sufferer of crime or abuse. The legislation permits staff to take time without work (utilizing accrued paid go away time, sick go away time, or unpaid go away time) from work to hunt medical consideration for accidents brought on by crime or abuse, to acquire companies from prescribed entities because of crime or abuse, to acquire psychological counseling or psychological well being companies associated to an expertise of crime or abuse, or to take part in security planning and take different actions to extend security from future crimes or abuse. An worker should give the employer cheap discover of the necessity for go away, however whether it is infeasible to offer discover, the worker might present documentation to assist the necessity for go away inside an inexpensive time. Acceptable documentation consists of: a police report, a courtroom order defending or separating the worker from the perpetrator, documentation from a licensed medical skilled or related, or another type of documentation that moderately verifies the necessity for go away.
AB 3364 (Prohibition of Discrimination Primarily based on Veteran and Navy Standing)
AB 3364 clarifies that the Truthful Employment and Housing Act prohibits discrimination in opposition to people who’re veterans or due to the person’s navy standing. Beforehand, the legislation prohibited discrimination primarily based on veteran and navy standing.
AB 2399 (Definition of “Qualifying Exigency”)
Starting on January 1, 2021, staff will be capable of use Paid Household Depart (profit funds, however not job safety for qualifying household care) for sure functions associated to the service of a person’s partner, home companion, youngster, or father or mother within the Armed Forces of the US. These functions are known as “qualifying exigencies” underneath the legislation. An worker might take paid household go away for a wide range of qualifying exigencies associated to a navy member, together with attendance at official ceremonies, making monetary and authorized preparations, and preparation for departing for or coming back from energetic responsibility. AB 2399 defines the time period “navy member” to imply “a toddler, partner, home companion, or father or mother of the worker, the place the navy member is on lined energetic responsibility or name to energetic responsibility within the Armed Forces of the US.”
AB 3075 (Expanded Native Enforcement of Statutory Wage Necessities)
AB 3075 permits native jurisdictions (e.g., metropolis, county, district, or company) to implement state labor commonplace necessities concerning the fee of wages.
Laws Relating to Age and Scheduling Questions in Interviews
The Division of Truthful Employment and Housing issued new rules that took impact on July 1, 2020, prohibiting an employer from asking questions “concerning an applicant’s availability for work on weekends or evenings” when the aim is to determine the applicant’s spiritual creed or keep away from the requirement to offer an inexpensive lodging. Employers should ask schedule-related questions “the place moderately associated to the traditional enterprise necessities of the job.”
The Division of Truthful Employment and Housing additionally revised its age discrimination rules to create a presumption of discrimination at any time when “a facially impartial apply has an opposed affect on an applicant(s) or worker(s) age 40 or older, until the apply is job-related and in line with enterprise necessity.”
Software program Workers Additional time Exemption
Starting January 1, 2021, employers should pay pc skilled staff a wage of no less than $98,907.70 yearly ($8,242.32 month-to-month) or an hourly fee of no less than $47.48 for every hour labored so as to stay exempt from paying such staff additional time compensation.
State Minimal Wage Improve
On January 1, 2021, California’s minimal wage will improve to $13 per hour for employers with fewer than 26 staff, and $14 per hour for employers with greater than 26 staff. The state minimal wage will proceed to extend by $1 each January till 2023, when all employers, no matter measurement, will likely be required to pay staff no less than $15 an hour. Minimal wage will increase might doubtlessly have an effect on the exempt standing of sure staff, so you will need to conduct a overview of salaries to make sure continued compliance with additional time necessities.