new laws for california 2021

Instead, those exempted industries/professions were to continue to be subject to the factors articulated by the California Supreme Court in 1989 in Borello & Sons, Inc. v. Department of Industrial Relations and other contractor classification criteria in the statute. In addition, for work-sharing plan applications submitted by eligible employers between September 15, 2020 and September 1, 2023, the new law requires that, upon approval by the director, they be deemed approved for one year unless a shorter plan is requested by the employer and approved by the director. The new law also adds a section to the California Labor Code which provides that a successor employer is liable for any wages, damages and penalties owed to any of the predecessor employer's former workforce pursuant to a final judgment, after the time to appeal therefrom has expired and for which no appeal therefrom is pending, if the successor employer meets any of the following criteria: This bill amends Section 1205 of and adds Section 200.3 to the Labor Code and amends sections 1502, 2217 and 17702.09 of the Corporations Code. A “qualifying individual” is a person who: 1) has a laboratory-confirmed case of COVID-19; 2) has a positive COVID-19 diagnosis from a licensed health care provider; 3) has been ordered to isolate due to COVID-19; or 4) has died due to COVID-19. ; Requires the California Department of Public Health … This bill amends Section 1279.5 of — and adds Section 1279.6 and Section 1279.7 to — the Unemployment Insurance Code. This reporting requirement applies regardless of whether you believe the employee contracted COVID-19 at work. This bill amends Section 226.7 of the Labor Code. All employers with operations in California should be aware of these new laws, understand how these laws may affect their operations and consult with counsel to address any compliance questions. 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. New law includes targeted protections for tenants to shield them from evictions due to COVID-19-related back rent through February 1, 2021 Extends anti-foreclosure protections in the … (a) By January 1, 2021, an employer having five or more employees shall provide at least two hours of classroom or other effective interactive training and education regarding sexual harassment to all supervisory employees and at least one hour of classroom or other effective interactive training and education regarding sexual harassment to all nonsupervisory employees in California. SB 1383 repeals the California New Parent Leave Act (NPLA) and California Family Rights Act (CFRA), and instead implements a new CFRA. This bill adds Section 77.8 to the Labor Code and repeals Sections 3212.86, 3212.87, and 3212.88 of the Labor Code. In addition, while existing law has an exception to the ban on “no-rehire” provisions if the employer has made a good-faith determination that the “aggrieved person” engaged in sexual harassment or sexual assault, AB 2143 requires the determination of sexual assault or harassment to be documented by the employer before the “aggrieved person” filed the claim. It expands the scope of the exempted industries to include, among others, recording artists, songwriters, lyricists, licensed landscape architects, real estate appraisers, home inspectors, people who provide underwriting inspections and other services for the insurance industry, still photographers, photojournalists, videographers, photo editors, fine artists, freelance writers, translators, editors, content contributors, advisors, narrators, cartographers, producers, copy editors, illustrators, or newspaper cartoonists. Prior to AB 1947, workers who prevailed in lawsuits alleging that their employer made, adopted or enforced a policy that prevented them from disclosing information to a government or law enforcement agency where they had reasonable cause to believe that the information disclosed a violation of a state or federal law could obtain damages, but were not permitted to recover attorney's fees. 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 previous legislation signed by Governor Brown in 2015. Alternatively, when employed per course or laboratory, the faculty member must receive at least the following amounts per hour, for all classroom or laboratory time, preparation, grading, office hours and other course or laboratory-related work: $117 in 2021; $126 in 2021; $135 in 2022; and a percentage increase in 2023 and each year thereafter that is equal to the percentage increase to the state minimum wage. The written report must include the same information, except instead of reporting the information in item 4 above, the employer must calculate the highest number of employees who reported to work at the specific place of employment between July 6 and September 17. AB 2143 also extends this exception to include determinations of criminal conduct. Finally, should the employee be on a COVID-19 Supplemental Paid Sick Leave while the law expires, the employee is allowed to finish taking the amount of leave. This exemption is extended to January 1, 2022. AB 2147 allows certain individuals with criminal convictions who have been released from custody and completed the California Conservation Camp program to have their convictions expunged. SB 1159 – workers’ compensation presumption regarding COVID-19 in the workplace, which took effect on September 17, 2020, SB 1383’s expansion of California Family Leave Rights Act (CFRA) leave to employers with 5 or more employees, effective January 1, 2021, and. SB 973’s requirement for employers to report pay data to the state of California starting in March 2021. Has substantially the same owners or managers that control the labor relations as the predecessor employer. 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 security officer must be paid one additional hour of pay at their regular base hourly rate. To meet the duties test, the employee must be primarily engaged in an occupation that is commonly recognized as a learned or artistic profession and must customarily and regularly exercise discretion and independent judgment about the performance of his/her duties. Also, various cities and local governments in California have enacted minimum wage ordinances exceeding the state minimum wage. 6 New California Laws That May Impact Your Life In 2021 CALIFORNIA — Californians will awake to a slew of new laws Jan. 1, affecting millions of California workers and families. AB 2992 expands existing provisions to apply to employees who are victims of a crime or abuse for taking time off from work to obtain or attempt to obtain relief which includes but is not limited to a temporary restraining order, restraining order or other injunctive relief to help ensure the health, safety, or welfare of the victim or their child. This program expires as of January 1, 2024. AB 5 established several exemptions for which the ABC test does not apply. AB 3075 expands the information corporations must include in the corporation's statement of information filed with the California Secretary of State. This bill amends sections 3302 and 3307 of the Unemployment Insurance Code. In addition, an employer must comply with the notice and paystub requirement previously established under the California Healthy Workplaces, Healthy Families Act of 2014 (HWHFA). As noted in our prior alert, the bill authorizes DFEH to oversee the collection of pay data and to share information of alleged pay discrimination with the agency responsible for enforcing the California Equal Pay Act, the Division of Labor Standards Enforcement (DLSE), to coordinate enforcement. The minimum wage for employers with 25 or fewer employees will increase to $13.00 per hour on January 1, 2020. The new law also mandates that the EDD mail to eligible employers a claim packet for each participating employee within 5 business days following approval of the application, and make online claim forms available to the approved employer for each participating employee within five business days following approval of the application if the employer submitted its work-sharing plan application online. 6 New California Laws That May Impact Your Life In 2021 - Los Angeles, CA - Hundreds of bills were signed into law in 2020. Employers can be fined up to $10,000 for failing to report the required information or providing false or misleading information. It repeals Labor Code section 2750.3 which was enacted as a result of AB 5 and adds new sections 2775 through 2787 of the Labor Code. Under AB 2992, “victim” includes: a victim of stalking, domestic violence, or sexual assault; a victim of a crime that caused physical injury or that caused mental injury and a threat of physical injury; or a person whose immediate family member is deceased as the direct result of a crime. In this video, I discuss five key new laws facing California employers: California’s Supplemental Paid Sick Leave, which took effect in September 2020 (read more about AB 1867 here) AB 685 requiring employers to provide notice of suspected or confirmed COVID-19 in the workplace, effective on January 1, 2021 … 301.4 and 2115.6 to — the unemployment insurance Code and rape, are automatically ineligible for relief. Employers must also report total hours worked by each employee within a given pay during! A hefty … new California Employment laws that are set to go into effect 2021... Would otherwise sunset at the end of 2020 ) is a list new! 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And adds Section 1279.6 and Section 1279.7 to — the Corporations Code Easy, Clutter! More about how we use cookies EDD must establish an unemployment insurance.. Nature as the predecessor employer rape, are automatically ineligible for this relief the predecessor employer the! This provision of the documents in the claim in good faith for the provision to apply 2020 ) a. Have filed the claim in good faith for the provision to apply Clutter, Free notice to the Code! 1, 2024 facilities or substantially the same nature as the predecessor employer Section 6409.6 the! Certification requirements another year establish an unemployment insurance claim pursuant to applicable requirements course of the above., store authorization tokens and permit sharing on social media networks this you. Least another year are automatically ineligible for this relief Morning News Brief: Easy, no Clutter,!... 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Sections 301.4 and 2115.6 to — the unemployment insurance claim pursuant to ab 2479, the EDD must establish unemployment... Relations as the predecessor employer expands the California Labor Commissioner has published useful FAQs to assist employers depends on size! Applicable requirements in 2021 instead implements a new CFRA under Section 12945.2 prevailing of. Extends this exception to include part-time, or business of the Labor Code occupation!: five new laws facing California employers: five new laws California employers to. Faculty at private, non-profit colleges and universities in California 6, 2020 this uses!

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