As business owners and members of the labor and employment law community know all too well, California’s AB 5 went into effect on January 1 of this year. The law imposed the “ABC test” for determining whether a worker should be classified as an employee or an independent contractor.
Articles Discussing General Workplace Issues in California.
California Governor Newsom Signs into Law Extension to CCPA Employee Personal Information Exemption, Vetoes Another Privacy Bill
On September 29th, California Governor Gavin Newsom signed into law AB 1281, an amendment to the California Consumer Privacy Act (“CCPA”) that would extend the current exemption on employee personal information from most of the CCPA’s protections, until January 1 2022. The exemption on employee personal information was slated to
New Law Mandates Training for Human Resources Employees and Others Pertaining to Child Abuse and Neglect
On September 29, 2020, the Governor signed Assembly Bill 1963 which amends Section 11165.7 of the Penal Code, relating to mandated reporters of child abuse.
The existing law, the Child Abuse, and Neglect Reporting Act, requires a mandated reporter, as defined, to report whenever they, in their professional capacity or
AB 979 Requires California-Based Publicly Held Corporations to Diversify Their Boards of Directors
On September 30, 2020, Governor Newsom signed Assembly Bill (“AB”) 979, which requires publicly held corporations headquartered in California to diversify their boards of directors with directors from “underrepresented communities” by December 31, 2021. This bill is similar to Senate Bill 826, signed into law in 2018, which required publicly
AB 1731 Offers Much-Needed Reforms to California’s Work Sharing Program
Signed into law on September 28, 2020, AB 1731 moves California’s work sharing program into the 21st century by mandating an online application process and specific deadlines for delivering claim forms. Work sharing is an unemployment insurance (UI) benefit program that gives employers the option of reducing employee hours
Governor Signs Law Amending Requirements for Harassment Training Requirements for Minors Working in Entertainment
On September 28, 2020, the Governor signed, Assembly Bill 3369 (“AB 3369”), which changes obligations of harassment prevention training for minors working in the entertainment industry and their guardians. This bill compliments recently signed Assembly Bill 3175. Before the issuance of an entertainment work permit to a minor, existing law
California Expands Protections for Employees Who Are Victims of A Crime or Abuse
On September 28, 2020, Governor Newsom signed Assembly Bill 2992, which imposes further limitations on employers from discharging, discriminating, or retaliating against an employee who is a victim of crime or abuse. Before the passage of this legislation, under Labor Code section 230, employers were prohibited from discharging an employee
Governor Signs Bill to Ease Work Share Difficulties
On September 28, 2020, Governor Newsom signed Assembly Bill 1731 (“AB 1731”), which creates an alternative process for employers to submit and be approved for work-sharing plan programs. Previously some employees would be eligible for unemployment benefits if they were working less than their usual weekly hours and their employer
Governor Signs Legislation Expanding Labor Commissioner Representation to Arbitrations
On September 28, 2020, Governor Newsom signed Senate Bill 1384, which (1) expands the California Labor Commissioner’s representation to arbitrations for claimants who cannot afford counsel, (2) requires employers to serve petitions to compel arbitration on the Labor Commissioner, and (3) allows the Labor Commissioner to represent claimants in proceedings
New California Family Rights Act Dramatically Expands Employee Rights and Employer Responsibilities
On September 17, 2020, Governor Gavin Newsom signed Senate Bill No. 1383, which repealed the current California Family Rights Act (CFRA) and eliminated the California New Parent Leave Act, replacing those statutes with a new CFRA, which can be found at California Government Code Section 12945.2, et seq.
Kin Care Law Amended to Permit Employees to Designate Sick Days as Kin Care or Personal Sick Leave
On September 28, 2020, Governor Newsom signed Assembly Bill 2017, which revises Labor Code § 233 (also known as the “Kin Care” law) to provide that an employee has the right to designate sick leave as for kin care; or for the employee’s own health condition or for obtaining relief
Just in Time for Handbook Season, California Passes Sweeping Expansion of Family Leave Law
Effective January 1, 2021, SB 1383 expands the California Family Rights Act (CFRA) to cover smaller employers and provide access to leave for additional covered reasons.
Current Law
Sacramento County Passes Worker Safety and Supplemental Paid Sick Leave Ordinance
The Sacramento County Board of Supervisors has passed the Sacramento County Worker Protection, Health and Safety Act of 2020, which is effective October 1, 2020.
The ordinance, which applies only to businesses located in the unincorporated areas of Sacramento County, requires employers to implement specified social distancing, mitigation, and cleaning
AB 685 – California Division of Occupational Safety and Health’s Authority to Shut Down Operations and New Notice Requirements
As part of his worker protection package, California Governor Gavin Newsom signed on September 17, 2020, Assembly Bill 685 (AB 685), which authorizes the Division of Occupational Safety and Health (“Cal OSHA” or “division”) to prohibit operations and processes, and prevent entry into workplaces that it has determined present a risk of infection of COVID-19 so as to constitute an imminent hazard to employees.
California SB 1159 Codifies COVID-19 Workers’ Compensation Presumption
On September 17, 2020, California Governor Gavin Newsom signed into law Senate Bill 1159, (SB 1159) which modifies and extends the Governor’s Executive Order N-62-20 creating a disputable workers’ compensation presumption that illness or death related to COVID-19 is an occupational injury and therefore eligible for benefits. The statute takes effect immediately and remains in effect through January 1, 2023.