17 New CA Laws Just Signed By Governor Newsom - Banning-Beaumont, CA - Gov. This bill amends section 233 of the Labor Code. What California Employers Need To Know About Cal/OSHA’s COVID-19 Emergency Temporary Standards, California’s New Pay Data Reporting Requirements, Five Employment Law Changes Employers Can Expect Under a Biden Administration, AB 685 Requires Employers To Provide Notice to Employees and Local Health Departments About COVID-19 In The Workplace, notice of suspeced or confirmed COVID-19 cases in the workplace, California’s Supplemental Paid Sick Leave, which took effect in September 2020 (read more about, AB 685 requiring employers to provide notice of suspected or confirmed COVID-19 in the workplace, effective on January 1, 2021 (read more about. This bill amends Section 226.7 of the Labor Code. SB 1383 repeals the California New Parent Leave Act (NPLA) and California Family Rights Act (CFRA), and instead implements a new CFRA. For an employee to be eligible for COVID-19 Supplemental Paid Sick Leave, the employee must be unable to work due to one of the following reasons: the employee is subject to a Federal, State, or local quarantine or isolation order related to COVID-19; the employee is advised by a health care provider to self-quarantine or self-isolate due to concerns related to COVID-19; or the employee is prohibited from working by the employer due to health concerns related to the potential transmission of COVID-19. Employers may mandate this rule only if the collective bargaining agreement expressly provides for the employees' wages, hours of work, working conditions, rest periods, final and binding arbitration of disputes concerning application of the 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. This bill addresses employees who get sick or injured due to COVID-19 on or after July 6, 2020, and creates a presumption that any COVID-19 related illness of an employee was presumed to arise out of and in the course of employment for purposes of awarding workers’ compensation benefits if all of the following requirements were satisfied: (a) the employee tested positive for or was diagnosed with COVID-19 within 14 days after a day that the employee performed labor or services at the employee’s place of employment at the employer’s direction; (b) the day referenced in paragraph (a) on which the employee performed labor/services was on or after March 19, 2020; (c) the employee’s place of employment was not the employee’s home; and (d) if the employee was diagnosed (not tested), as provided in paragraph (a) above, the diagnosis was done by a physician who holds a physician and surgeon license issued by the California Medical Board and that diagnosis is confirmed by further testing within 30 days of the date of the diagnosis. Provide written notice to the exclusive representative (union), if any, of the employees above. Starting in January 2021, the new law will require commercial health insurers to adopt uniform standards of care developed by nonprofit clinical associations and pay for medically ⦠Under the new law, when a nonexempt employee covered by Section 226.7 of the Labor Code is affirmatively required to interrupt their rest period to address an emergency, the employer must authorize the employee to take another rest period reasonably promptly after the circumstances that led to the interruption have passed. AB 3075 expands the information corporations must include in the corporation's statement of information filed with the California Secretary of State. It provides that in addition to the Attorney General of the State of California and certain City Attorneys, District Attorneys may now prosecute an action for injunctive relief for non-compliance with AB 2257. Businesses now have certainty that those two exemptions will continue for at least another year. In addition to existing certification requirements, this bill provides that employers are prohibited from taking action against employees when an unscheduled absence occurs if employees provide certification that they were receiving services for certain injuries, or if the documentation is from a victim advocate (as defined). 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 ⦠While a majority of the laws go into effect on January 1, 2021, some laws ⦠Also for the first time, employers will be required to grant family leave to employees to care for their ill grandparent, grandchild or sibling. 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. AB 5 established several exemptions for which the ABC test does not apply. Also, various cities and local governments in California have enacted minimum wage ordinances exceeding the state minimum wage. This program expires as of January 1, 2024. 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. Click here to read more about how we use cookies. New California Laws 2021 (part 11) California New Laws 2021 Sacramento, CA â Part 11 of New California laws for 2021 includes arbitration, rail services, school facilities, immunizations, medicare supplement, employee wages, advertising, sexual harassment training, Medicare ⦠California law requires that generally no less than the general prevailing rate of per diem wages be paid to workers employed on public works. Executive Order N-62-20 covered all California employees who worked at a jobsite outside their home at the direction of their employer between March 19 and July 5, 2020. That report must be made to the carrier by October 17, 2020. This bill repeals Labor Code section 2750.3, adds section 2775 through 2787 to the Labor Code, and amends and adds several sections of the Revenue and Taxation Code. Within 48 hours of learning of the outbreak, employers must notify the local public health agency in the jurisdiction of the worksite of the names, number, occupation and worksite of qualifying individuals, as well as the employer's business address and NAICS code of the worksite where the qualifying individuals worked. In this video, I discuss five key new laws facing California employers: Five new laws California employers need to understand for 2021. This law: Requires employers to notify employees who may have been exposed to COVID-19 and to report workplace outbreaks to the local health department. Segment one includes abortion, housing, firearms, domestic partnership, ⦠DISCLAIMER: Because of the generality of this update, the information provided herein may not be applicable in all situations and should not be acted upon without specific legal advice based on particular situations. AB 979 builds on SB 826, passed in 2018, which mandated that any publicly held corporation whose principal executive offices (according to the corporation’s SEC 10-K form) are in California place at least one female director on its board by December 31, 2019. Specifically, AB 3075 requires a corporation to include whether any officer or director, or in the case of a limited liability company, any member or manager, has an outstanding final judgment issued by the Division of Labor Standards Enforcement or a court of law, for which no appeal therefrom is pending, for the violation or provision of the Labor Code. Employers who operate petroleum facilities must also include, as part of the itemized wage statement they are required to furnish pursuant to Section 226(a) of the Labor Code the total hours or pay owed to an employee covered by Section 226.7 on account of a missed rest period. Upon a claimant's request, the commissioner has the right to represent the claimant in proceedings to determine the enforceability of the arbitration agreement, notwithstanding whether the adjudication of the enforceability of the arbitration agreement is conducted in a judicial or arbitral forum. This bill adds to, or repeals, section 12945.21 of the Government Code, adds section 113963 to the Health and Safety Code, amends section 248.5 of the Labor Code and adds Sections 248 and 248.1 to the Labor Code. Provide all employees who may have been exposed and their exclusive representative, if any, with information regarding COVID-19-related benefits to which they may be entitled, including but not limited to worker's compensation, COVID-19-related leave, and paid sick leave, as well as the employer's anti-discrimination and anti-retaliation policies. Employers must provide a similar written report to their workers’ compensation carrier for any positive test that occurred between July 6, 2020, and September 16, 2020. AB 736 expands the professional exemption under Industrial Wage Commission (IWC) Wage Order Nos. 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. AB1281, which amends Section 1798.145 of the Civil Code and was approved by Governor Newsom on September 29, 2020, extends the exemptions under the California Consumer Privacy Act (CCPA) for personal information collected and shared in the employment and business-to-business contexts through December 31, 2021, if the California Privacy Rights and Enforcement Act (CPRA) — which is on the November 3 ballot and contains the same extensions, but through 2022 — does not pass. Posted on Dec. 21 2020. AB 1731 requires the director to accept an application to participate in, or renew participation in, the work-sharing program that is submitted electronically and requires the Employment Development Department (EDD) to create a portal on its internet website for the provision and receipt of such applications. The worker is customarily engaged in an independently established trade, occupation, or business of the same nature as the work performed. The worker performs work outside the usual course of the hiring entity’s business. The new law amends Section 98.4 of the Labor Code, which previously provided only that the Labor Commissioner could represent indigent claimants in de novo proceedings (appeals of Labor Commissioner wage claim awards). New Laws Signed During the 2020 Legislative Session SB-823: Juvenile Justice Realignment (Eliminates Juvenile Prisons) Beginning July 1, 2021, SB-823 will phase out Californiaâs ⦠Code §§ 1400, et seq.) This bill also contains a broad definition of “immediate family member” to include “any other individual whose close association with the employee is the equivalent of a family relationship” as described. On March 17, 2020, Governor Gavin Newsom issued Executive Order N-31-20, addressing the California Worker Adjustment and Retraining Notification (WARN) Act (Lab. Notably, this bill expands employer coverage to include all employers with five or more ⦠Paid Family Leave will include time off for participation in a qualifying exigency related to the active duty or call to active duty of an individual’s spouse, domestic partner, child or parent in the Armed Forces of the United States. An outbreak occurs when: (1) if the employer has 100 employees or fewer: four employees test positive for COVID-19 within 14 calendar days; (2) if the employer has more than 100 employees: 4 percent of the number of employees test positive for COVID-19 within 14 calendar days; or (3) the place of employment is ordered closed by public authorities due to a risk of infection with COVID-19. The California legislature passed a series of new laws which real estate brokers and agents should be aware of as the industry moves into the new year. Prior to AB 2479, the exemption was set to expire by January 1, 2021. SB 1383 also requires that an employer who employs both parents of a child grant up to 12 weeks of leave to each employee, whereas the old CFRA allowed an employer to only grant a total of 12 weeks to such employees. Most of the changes were revisions for grammar and consistency, but there are five minor updates – not specific to the employment context – discussed in our prior alert. Governor Newsom signed SB 1383 into law on September 17, 2020, amending the California Family Rights Act (CFRA) effective January 1, 2021. For purposes of determining whether the employer has 500 or more employees in the United States, this bill incorporates the definition used by the FFCRA. Per the Executive Order, Cal. California New Laws 2021 Sacramento, CAâ Our annual series kicks off with Part 1 of New California laws for 2021. The effective date of each new law is indicated in the heading of the Assembly Bill (AB) or Senate Bill (SB).1. Modeled after the federal EEO-1 Component 2 collection form, the state pay data report requires employers to collect aggregate W-2 earnings and report the number of employees in each of the 12 pay bands (spanning from $19,239 and under to $208,000 and over) for the 10 broad job categories (executive or senior-level officials and managers; first or mid-level officials and managers; professionals; technicians; sales workers; administrative support workers; craft workers; operatives; laborers and helpers; and service workers), classified by race, sex and ethnicity. Several exemptions for which the ABC test does not apply to — the unemployment insurance claim pursuant ab. [ Guidance ] on COVID-19 and business Continuity Plans by each employee within a pay..., I discuss five key new laws facing California employers: five laws! 17, 2020 the CFRA will be expanded to cover any employer with 5 more. 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