This bill amends sections 6325 and 6432 of the Labor Code and adds section 6409.6 to the Labor Code. Police in Pasadena and Long Beach vowed data from license plate readers wouldn’t be used to enforce civil immigration laws. The new law also adds a section to the Labor Code which specifically provides that Cal/OSHA can shut down or prohibit operations at a worksite when, in the opinion of Cal/OSHA, a worksite or operation “exposes workers to the risk of infection” of COVID-19 so as to constitute an imminent hazard. 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. 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. Marvin Estrada, a San Pedro trucker, counts himself as a ”100% real independent contractor” and businessman. Besides her own jobs, some of which come through larger agencies, Hermida operates as an agency herself, parceling out assignments to a few other interpreters and taking a cut of their fees. Hermida turned down an employee job offer with the Los Angeles County Superior Court, whose interpreters are represented by the California Federation of Interpreters, a division of the Communications Workers of America union. You are also entitled to a 10-minute uninterrupted, duty-free rest breaks for every… Read More Under this new law, employers (with five or more employees) must report certain information to their workers’ compensation carrier once they know or reasonably should know an employee has tested positive for COVID-19, assuming the employee has been onsite at an employer’s location in the 14 days prior to the employee testing positive (which is the day the employee took the test, not when the employee received the results). AB 1867 packs three unrelated laws into one bill: supplemental paid sick leave for employers with 500 or more employees nationwide; handwashing requirements for food employees working in any food facility; and small employer family leave mediation pilot program under the California Fair Employment and Housing Act (FEHA). Instacart shoppers with higher ratings get first pick of orders. New California Employment Laws – The following is a description of most of the more impactful (but not all) new employment laws that unless otherwise stated, went into effect on 1/1/19: Minimum Wage and Exemptions – Although SB 3 passed in 2016, effective 1/1/19, we had our next scheduled minimum wage increase. Activists urge NBA to oust Pistons owner Tom Gores over prison phones investment. 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. Uber and Lyft got their way in California, with voters supporting their Proposition 22 ballot measure. In other words, an employer must provide an employee with written notice that sets forth the amount of paid sick leave available for use on either the employee’s itemized wage statement or in a separate writing provided on the designated pay date with the employee’s payment of wages. Build a Morning News Brief: Easy, No Clutter, Free! Employee trucking jobs pay about $29 an hour, he said. In Beverly Hills, an English-inspired estate designed by White House decorator Michael Smith boasts three acres of style. AB 2765 expands the definition of “public works” for these purposes to include any construction, alteration, demolition, installation or repair work done under private contract on a project for a charter school when the project is paid for with the proceeds of certain bonds. “If I pay minimum wage, health insurance, paid sick days, overtime … I’m adding 30% to my labor costs,” she said. 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. By continuing to browse this website you accept the use of cookies. Businesses now have certainty that those two exemptions will continue for at least another year. The law amends the Labor Code by adding Section 515.7, which states that an employee providing instruction for a course or laboratory at an independent institution of higher education, as defined by the Education Code, shall be classified as exempt under the professional exemption if the employee meets both a duties and salary test. That report must be made to the carrier by October 17, 2020. Also, various cities and local governments in California have enacted minimum wage ordinances exceeding the state minimum wage. This bill amends Section 1279.5 of — and adds Section 1279.6 and Section 1279.7 to — the Unemployment Insurance Code. EU regulator gives conditional approval to Pfizer-BioNTech COVID-19 vaccine. Should the FFCRA be extended, the COVID-19 Supplemental Paid Sick Leave will also be extended to track the end date of the FFCRA. 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. “We had the foresight to see which direction California was going,” Kerwin said. Moreover, COVID-19 Supplemental Paid Sick Leave is now available to health care employees and emergency responders who were not provided paid sick leave by their employers under the federal Families First Coronavirus Response Act (FFCRA).3. Unfair ratings cost some Instacart shoppers hundreds a week. Provide written notice to the exclusive representative (union), if any, of the employees above. She is preparing an album for release next year and she runs a nonprofit called Beats|Lyrics| Leaders, which brings musicians into schools and Native American reservations as mentors. Code §§ 1400, et seq.) Copyright © var today = new Date(); var yyyy = today.getFullYear();document.write(yyyy + " "); JD Supra, LLC. Now what? The California Labor Commissioner has published useful FAQs to assist employers. AB 685 prescribes notice requirements on employers in the event of a COVID-19 exposure in the workplace, enhances reporting requirements to local health authorities in the event of a COVID-19 outbreak, and expands the Division of Occupational Safety and Health of California’s (Cal/OSHA) authority to shut down worksites deemed to be an “imminent hazard” due to COVID-19 and issue “serious violation” citations. Child Labor Laws. For nearly 18 months, California’s ambitious legislation curbing the use of independent contractors was the focus of noisy street protests, furious lobbying and fearful newspaper editorials. The bill amends Section 301.3 of ­ — and adds Sections 301.4 and 2115.6 to — the Corporations Code. The Limits of Employment at Will. Under the new law, a “director from an underrepresented community” means an individual who self-identifies as Black, African American, Hispanic, Latino, Asian, Pacific Islander, Native American, Native Hawaiian, or Alaska Native, or who self-identifies as gay, lesbian, bisexual, or transgender. “They use the company’s permits and the company tells them how much they’re going to pay them, and they can’t go move a load for any other company.”, With his own permits and insurance, Estrada, 40, nets about $6,000 a month, enough to pay his $3,500 a month home mortgage. “The California labor movement will be laser-focused on implementing and enforcing AB 5.”. Now, as investors scour the market for the great reflation play, they’re hot again. The California Labor Commissioner’s Office promotes economic justice through robust enforcement of labor laws. Technology behemoths Uber, Lyft and DoorDash, which treat drivers as independent contractors, have garnered national attention as they prepare to file a ballot initiative exempting themselves from the law. The EDD Media Services office provides the latest news releases and information for English- and Spanish-language media. “Something like this definitely has the propensity to affect lower-budget films,” said Los Angeles-based business litigator Jordan Matthews of the firm Weinberg Gonser, who previously worked as a film financier and producer. AB 2143 amends Code of Civil Procedure section 1002.5 to specify the circumstances under which an agreement to settle an employment dispute may include a provision that prohibits a settling party from working for the employer again (sometimes known as a “no-rehire” provision). Specifically, under SB 826, by December 31, 2021, any California-based publicly held corporation with six or more directors must have at least three female directors on its board; if the number of directors is five, then at least two must be women; and if the number of directors is four or fewer, then the corporation must have at least one female director. 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. AB 2399 will revise defined terms for paid family leave purposes and include a definition of “military member.”. The California Labor Commissioner has published useful FAQs to assist employers. Cases & News 2020 HRCalifornia Extra Articles. Thus, employers who… “There are many industries that still need to be added,” the California Chamber of Commerce asserted in a statement Sept. 18. guidance issued by the Department of Industrial Relations, Division of Labor Standards Enforcement and the Employment Development Department, Summary of Key New California Laws for 2020 (and Beyond): What Employers Should Know, New California Laws for 2019: What Employers Should Know, Witness Coaching by Whisper Leads to Sanctions for Defense Witness and Attorney, CBP Intensifies Focus on Forced Labor Practices in China, IAIS Annual Conference: Assessing Long-Term Risks and a Path Forward, Provide written notice to all employees, and the employers of subcontracted employees, who were on the premises at the same worksite as the “qualifying individual”. The effective date of each new law is indicated in the heading of the Assembly Bill (AB) or Senate Bill (SB).1. Any company that doesn’t comply with these requirements will face significant financial penalties consistent with the penalties previously implemented under SB826, including a $100,000 penalty for failing to timely file board member information with the Secretary of State pursuant to to-be-adopted regulations; a $100,000 penalty for the first violation of the new law; and a $300,000 penalty for the second and any subsequent violation. To meet the salary test, the employee must be paid on a salary basis and receive a monthly salary equivalent to no less than two times the state minimum wage for employment in which the employee is employed for at least 40 hours per week. Entertainment industry unions, including the Screen Actors Guild‐American Federation of Television and Radio Artists and the International Alliance of Theatrical Stage Employees, Moving Picture Technicians, Artists and Allied Crafts, argue that the law won’t have a significant effect. This exemption is extended to January 1, 2022. L.A. Unified will not reopen campuses when the spring semester starts Jan. 11. 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 program expires as of January 1, 2024. Browse All Law News Topics » ... Due to this classification, California’s employment and labor laws (and protections) do not apply to app-based drivers. J. Ross Parrelli is an Auburn, Calif.-based singer. Margot Roosevelt covers California economic, labor and workplace issues for the Los Angeles Times. 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. Pursuant to AB 2143, the “aggrieved person” must have filed the claim in good faith for the provision to apply. “For far too long, big corporations skirted their responsibility to provide basic protections to workers,” said Art Pulaski, executive secretary-treasurer of the California Labor Federation. California is not a right to work state, so the term has no significance in California employment law. The new laws — some of which were signed into law just weeks ago — address several topics including sick leave, worker classification, employee leave, workers’ compensation, safety regulation enforcement, wages and unemployment insurance. In Los Angeles County, at least 45 children have been diagnosed with the rare multisystem inflammatory syndrome, known as MIS-C, and one child has died. This bill adds Section 77.8 to the Labor Code and repeals Sections 3212.86, 3212.87, and 3212.88 of the Labor Code. Also: Pick a U.S. trustee, not a foreign one. Those with lower ratings earn less, even when the ratings aren’t fair, shoppers say. Their voices are not heard.”. The law codifies and expands on an April 2018 California Supreme Court decision that set a strict new test for employers. AB 1947 also authorizes a court to award reasonable attorney's fees to a plaintiff who successfully brings a whistleblower action under Labor Code Section 1102.5. This bill adds Section 515.7 to the Labor Code. 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. 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