california employment law development update

201 Mission Street, 12th Floor San Francisco, CA 94105 Tel: (415) 983-5960 Fax: (415) 983-5963 . While the required curriculum has not changed, SB 1300 introduces the concept of “bystander intervention training” and encourages employers to address the tendency for people to remain silent and refrain from providing assistance or coming forward when they witness harassment of others. Governor Gavin Newsom issued Executive Order N-84-20 suspending that part of the Cal-OSHA regulations in light of this Cal DPH memorandum (here). But before changing policies to shorten the quarantine period, employers must carefully review local ordinances, the nature of the particular business, any specific orders affecting the industry, the type of business and risks of infections, and evaluate whether their mitigation strategies in place will allow for reducing the quarantine time safely. And remember, relax™ ‐ We Take the Stress out of HR! Mandatory vaccines also raise potential religious discrimination issues, also discussed in the guidance. What You Should Know About COVID-19 and the ADA, the Rehabilitation Act, and Other EEO Laws” (, AB 2257 – CA’s “Improved” Independent Contractor Law, Explained, A Few Quick Employment Law Updates (Moderately California-Related), California Supreme Court Expands Potential Unruh Civil Rights Act Claims Against Online Businesses. Also keep in mind that close to 20 different cities and other municipalities in California have their own minimum wage ordinances. The latest litigation trends, court decisions, & issues on California Employment Law. You should consult with an attorney, and not rely on any information contained herein regarding your specific situation. Vantaggio is your HR solution. Given that the effected employees’ profession was being recruiters, the court found the non-solicitation agreement that they had previously signed to be a violation of section 16600 of the California Business and Professions code, as it prevented them from carrying out their chosen profession. It also allows for a provision, at the claimant’s request, that limits the disclosure of the person’s identity or other facts that could lead to the discovery of the person’s identity. For more information on exemptions, see Vantaggio’s Info Bulletins Exempt vs. Non-Exempt and Special Exemptions. December 2015. We can even provide a complete HR audit for your company. Consistent with our reporting from the past few years, California is once again listed among the American Tort Reform Foundation’s (ATRF) “Top Judicial Hellholes” in the United States. Salary History Information – On 1/1/18, California legislation (AB 168) made it illegal for an employer to rely on an applicant’s salary history when determining whether or not to offer employment and in determining the salary to be offered. Sexual Harassment Disclosures – AB 3109 makes any provision in a contract or settlement agreement void and unenforceable if it waives a person’s right to testify in an administrative, legislative, or judicial proceeding concerning criminal conduct or sexual harassment. Additionally, minimum wage has an impact on determining if insides sales employees are exempt and when certain trade employees can be required to provide their own hand tools. The free California HR e-newsletter is published twice each month by SHRM to provide subscribers with the top California HR and employment law news, including updates … main page. Employers should consider whether there are alternatives and consult with counsel before discharging workers who have bona fide disability or religious bases to decline vaccinations. On September 9, 2020 Governor Newsom signed AB 1867 into law, giving California employers just 10 days to implement new COVID-19 Supplemental Paid Sick Leave statewide. Prior to 1/1/20, supervisors and managers will still be required to attend 2 hours of training and non-supervisory staff 1 hour. Copyright © Vantaggio HR ltd. All rights reserved. Back To Top . Due to popular demand, my firm is replying our webinar we conducted recently discussing key California employment laws … It can be difficult for employers both large and small to navigate California's complex legal requirements. Sort of. Labor and Workforce Development Agency – Resources for employers and workers including workers’ compensation and paid sick leave. But but … Cal-OSHA just issued regulations requiring a 14-day exclusion / quarantine period. This Google™ translation feature, provided on the Employment Development Department (EDD) website, is for informational purposes only. This now means that the minimum salary requirement for exempt employees depends upon employer size and is either $45,760 or $49,920 per year. California Employment Law Overview. The DFEH has recently published a frequently asked questions page clarifying some questions about SB 973. Human Trafficking – SB 2034 requires businesses that operate intercity rail, light rail, or bus stations to provide 20 minutes of training by 1/1/21 to new and existing employees who may come into contact with victims of human trafficking. Tribunals have the power to impose a £5,000 ‘aggravated breach’ penalty on employers losing cases, and from 6 April 2019, the maximum limit on these penalties will rise to £20,000. Is flexing a mandatory vaccine rule a form of reasonable accommodation. Labor & Employment Law Section Executive Committee 2013-2014 McLe Self-Study: Origins and Development of California's Prevailing Wage Requirements and Enforcement Mechanisms* Wage and Hour Update HMRC has confirmed in a bulletin that employees who were on the payroll on 23 September 2020 and who were made redundant or stopped working for the employer afterwards will qualify for the scheme if the employer re-employs them. Employers will now have a harder time prevailing in court on harassment claims due to “statements of legislative intent” in this bill such as saying that harassment cases are rarely appropriate for summary judgement and that single incidents of harassing conduct may be sufficient to give rise to a hostile work environment. Memorandum (here). For more information, please see Vantaggio’s article How California’s New ABC Test Impact Employers. Workplace & Employment Law Update (WELU) For over 70 years, California companies have relied on Employers Group’s annual one-day Workplace & Employment Law Update (WELU). What no one wants is for an employer to reduce quarantine time from 14 to 10 days, and then have a worker return early and cause an outbreak…. YouTube Spotify RSS Twitter LinkedIn Facebook Instagram VISIT OUR WEBSITE. California Employment Law Update. Effective 1/1/21, employees who take time off as a result of a qualifying exigency related to the covered active duty in the U.S. armed forces of a spouse, domestic partner, child, or parent will become eligible for paid family leave benefits. Previously, only employers with 50 or more employees were required to provide the training. The use of a temporary location will only be allowed if the employer: 1. is unable to provide a permanent location due to operational, financial, or space limitations; 2. the temporary location is private and free from intrusion while the employee is using it; and 3. the temporary location is only used for lactation purposes while the employee is expressing milk. Of note, CA employers are no longer able to enter into Non-Disclosure Agreements involving claims of sexual assault, harassment, or discrimination; will be required to increase the Sexual Harassment Training efforts; and will be restricted from entering into certain Settlement Agreements related to harassment and discrimination. (This is over and above any California state law right to Family Medical Leave.) The EDD Strike Team established by Governor Gavin Newsom provided recommendations and solutions … On November 1, 2015, the City of San Jose announced that its … Department of Fair Employment and Housing – Job protection and employment discrimination. We are trying to make it easier and spread awareness through this centralized source of info. For employers with 25 or fewer employees, the new minimum wage is $11.00 per hour. An exception was made for employers who are required by federal or state law to perform a criminal background check on applicants. Scroll down to section “K” of the guidance for a discussion of vaccinations. YouTube Spotify RSS Twitter LinkedIn Facebook Instagram VISIT OUR WEBSITE. Back To Top . Some employer policies follow state and federal health guidelines, which require up to 14 days of quarantine time in the case of illness or positive tests. 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. None. California Employment Law Update. The memorandum states “asymptomatic close contacts (within 6 feet of an infected person for a cumulative total of 15 minutes or more over a 24-hour period) may discontinue quarantine after Day 10 from the date of last exposure with or without testing.”  The memo also says that certain essential health care workers may discontinue quarantines after day 7 if they test negative on or after day 5, but only under certain circumstances. Sexual Harassment Prevention Training – SB 1343 expands the requirements for mandated sexual harassment training for California employers. California Labor Commissioner’s Office Releases FAQ Memo on Coronavirus By Tony Oncidi and Cole Lewis on March 10, 2020 Posted in Coronavirus, COVID-19. Vantaggio can assist with answering additional questions; updating your handbook; ensuring that you have the proper forms, notices, and posters in place; conducting training; or implementing solutions to any of the above referenced compliance needs. Our PeopleServicesTraining CalendarPublicationsNewsContact UsOur ClientsCareersBlogDisclaimer. Lactation Accommodation – AB 1976 makes changes to existing law which requires employers to provide a location other than a toilet stall to employees who need to express breastmilk during the workday. In his first legislative season, California Governor Jerry Brown has signed into law 22 employment-related bills. Sexual Harassment Offenders – AB 224 amends the California Civil Code to expand the types of relationships that can give rise to a claim of sexual harassment. Posted in California Legislation Update. Many employers require employees who test positive for COVID, or who have been exposed, to quarantine or at least to stay away from the workplace for a period of time. By the end of 2021, the number of required females will increase to 2 if the corporation has a total of 5 directors, and 3 if the corporation has 6 or more directors. This year, Governor Brown, while vetoing a number of bills that surprised many of us, did sign a raft of legislation brought on by the #Me Too movement. The new ABC test makes it even harder than it was before to treat people as independent contractors. update. The employees in this case were recruiters who recruited travelling nurses to work for their employer who provides temporary healthcare professionals to their clients. SB 970 amends the California Fair Employment and Housing Act (FEHA) to require hotels and motels (not bed and breakfasts) effective 1/1/20 to provide 20 minutes of training to employees who may come into contact with victims of human trafficking including receptionists, housekeepers, bell desk staff, drivers, and others who interface with customers. AB 1565 amended existing law and for contracts entered into after 1/1/19, a direct contractor would be required to include a specific provision in their contracts that lists the documents that the subcontractor would have to produce before disputed payments could be withheld such as payroll and timekeeping records. Copy of Payroll Records – Existing law allows current and former employees the right to inspect and copy information in their personnel files within 21 days of a request. November 1 – The City of San Jose announces it minimum wage for 2016. In addition to the above, the issue features our usual case updates in the areas of employment law generally, wage and hour, public sector, and labor law, as well as an update on cases pending before the California Supreme Court. Seasonal, temporary, or any other worker hired to work for less than 6 months must be trained within 30 calendar days of beginning work or within 100 hours worked, whichever occurs first. However, there may be workers who may avoid mandatory vaccine policies on a number of legal grounds. Existing law requires employers with 50 or more employees (total headcount includes temporary and seasonal staff and all employees anywhere in the U.S.) to provide 2 hours of specified curriculum to their California supervisors and managers every 2 years. De Minimum Timekeeping – In another significant ruling last year, the California Supreme Court, in Troester v. Starbucks, rejected the long-standing “de minimus” timekeeping rule. Additionally, we have new Lactation Accommodation rules, clarification about inquiries regarding Salary Expectations from candidates; and a ground-breaking new requirement for business to install Female Corporate Board Members. If an employer can prove that complying with these new requirements represents an undue hardship for their company, the employer may still be able to provide a location that is something other than a toilet stall (such as a bathroom). California Employment Law Notes By Tony Oncidi on September 20, 2019 Posted in California Labor & Employment Law. As the EEOC notes, a failure to obtain a vaccine could result in exclusion from the workplace but not necessarily discharge. Even the new guidance does not apply to certain businesses and industries where there is close proximity to high-risk individuals. This is our year-end assessment of the most important developments for California employers. Shaw Law Group has a spacious conference center with state-of-the-art audio/visual systems available for rent. Introduction to Employment Law in California. SB 1412 amends existing law in order to tighten this exception to only apply in situations where the employer is not permitted to hire someone with a “particular conviction.” As such, for those employers required to do a pre-employment criminal history check, they may only consider these “particular convictions” when making a hiring decision. As with the “mask wars,” employers will be responsible for separating bona fide reasons to resist vaccinations from people who just don’t want a vaccine or who object on bases that the law does not protect. Contact Roni Stover, our Director of Firm Administration, for more information here, or click here to download the Conference Room Agreement. The training must be completed within 6 months of hire and every 2 years thereafter. Asking certain questions also may implicate the Genetic Information Nondiscrimination Act of 2008. In order to be exempt from overtime, an employee must have job responsibilities that meet certain legal requirements and must generally be paid a salary that is at least twice minimum wage for the equivalent of full time work. Employers may now be found liable for any kind of unlawful harassment by non-employees (not just for sexual harassment per existing law) when the employer either knew or should have known of the conduct and failed to take action. Home > California Labor & Employment Law > California Employment Law Notes. California employment laws are constantly evolving, making it a challenge for companies doing business in the Golden State to keep up with recent developments and remain compliant. Similarly, an employer cannot require employees to sign a non-disparagement agreement or non-disclosure agreement under the same conditions. The new law now requires that the location be something other than a bathroom, should be close to the employee’s work area, and should generally be a permanent location only used for such purposes. Labor & Employment Law Section Executive Committee 2013-2014 McLe Self-Study: Origins and Development of California's Prevailing Wage Requirements and Enforcement Mechanisms* Wage and Hour Update The Executive Order only suspends the California WARN Act’s 60-day notice requirement for those employers that satisfy the Order’s specific conditions. Through the HRCalifornia website, we help our … Each year, employers await the new changes that our legislators make in the area of employment law which impact the way we do business in California. These new laws will impact California employers from the pre-hiring stage … This webinar will give all the tools necessary to make sure you are in compliance with California state requirements for your employees. Paid Family Leave – SB 1123 expands the scope of the current California family disability insurance program which provides wage replacement benefits to employees who need to take time off from work to care for family members. For more information, contact us at Info@VantaggioHR.com or call 1-877-VHR-relx (1-877- 847-7359). California Employment Law Update. California Employment Law Report. By Anthony Zaller on June 12, 2014. What employees are entitled to may be confusing. In the final days of the 2017 legislative session, California has passed a variety of new employment laws, everything from a statewide “ban the box” law to parental leave for small employers and requirements for how employers respond to immigration worksite enforcement. But asking the reason why a worker did not get vaccinated could well be. Use the guidance below to determine what is best for you, your family, and your workplace. As an employer in California there is a lot to know about how to properly handle and calculate pay for employees. The court did note that in cases where the time is “minute” or “irregular,” the time may still be unpaid such as an employee reviewing paperwork that takes a minute or less or reading an email about a shift change during non-work hours. As a reminder, in California, minimum wage has an impact on more than just the employees who earn at that level. November 2015. 2021 Employment Law Update. As such, individuals such as doctors, therapists, attorneys, real estate agents, landlords, teachers, elected officials, lobbyists, directors, and producers (amongst others) may now be found liable for sexual harassment. Labor & Employment Law Section Executive Committee 2013-2014 McLe Self-Study: Origins and Development of California's Prevailing Wage Requirements and Enforcement Mechanisms* Wage and Hour Update Labor & Employment Law Section Executive Committee 2013-2014 McLe Self-Study: Origins and Development of California's Prevailing Wage Requirements and Enforcement Mechanisms* Wage and Hour Update While this case certainly does not prohibit the use of all employee non-solicitation agreements or clauses, employers are cautioned to have these types of agreements as well as trade secret protection agreements drafted carefully by professionals with experience in this evolving and increasingly restrictive area of the law. That would be a state law requirement as well. 4. S. Ct. 2019) In the most recent … Posters – If you need to order new 2019 combined federal and state poster sets, please contact us at Info@VantaggioHR.com or call 1-877-VHR-relx (1-877-847-7359). 1. Historically, federal courts have found it appropriate for employers to not pay wages for small amounts of time that are difficult to record – up to a total of 15 minutes per day. It might be! Employers are prohibited from requiring employees to sign a release of claim or any right under FEHA in exchange for a raise, a bonus, or continuing employment. Select California employment requirements are summarized below to help an employer understand the range of employment laws … Four of these recruiters left the company and went to work for a competitor firm where they then began recruiting some of the same travelling nurses. Submissions are always welcome! Employment Law Handbook has free detailed information for all categories. View this complimentary video discussing five recent developments in California employment law … So, that means an employer has to establish “undue hardship” or “direct threat.” An employer may enforce a general requirement even if an employee has a disability that would preclude taking the vaccine if the employer can establish the “direct threat” defense to reasonable accommodation. All of the new laws are effective on Jan. 1, 2017, unless otherwise noted. Basically, this memo is saying that it’s really hard to require 14-day quarantines (and it is). Labor Commissioner’s Office FAQs – Employee leave options, compensation, and salary. No later than the end of 2019, publicly held domestic or foreign corporations with principal corporate offices in California, must have a minimum of 1 female on its board of directors. Independent Contractors – In 2018, the California Supreme Court, in its ruling in the Dynamex case, created a new test by which the California Labor Commissioner will determine if a worker is an employee or an independent contractor. California law has already required that employers with five or more employees grant up to four months leave for a disability arising from pregnancy, child birth, or a related medical condition. A Few Quick Employment Law Updates (Moderately California-Related) Join Our Mailing List. Join us for a mid-year update on employment and corporate issues. A number of important new California employment laws took effect in 2018. The information located on our site is general and not intended to provide specific employment law advice. California Supreme Court Invalidates Agreement To Arbitrate Wage Disputes. 2015. Click to read more. Specifically, employers must provide supervisors with two hours of training and nonsupervisory with one hour of training. The California Labor Commissioner’s Office has issued an important new FAQ Memo for accommodating … Additionally, employers were prohibited from seeking salary history either orally or in writing from an applicant. The law left a number of unanswered questions. Labor & Employment Law Section Executive Committee 2013-2014 McLe Self-Study: Origins and Development of California's Prevailing Wage Requirements and Enforcement Mechanisms* Wage and Hour Update Non-Solicitation and Trade Secret Agreements – A California Court of Appeal, in AMN Healthcare v. Aya Healthcare Services, ruled that a somewhat standard non-solicitation agreement was unenforceable. This continues the tide of new employee-friendly laws in the Golden State. In this case, the court found the employer liable for paying an employee who worked “off the clock” for several (4 to 10) minutes per shift, commenting that the current use of timekeeping technologies puts California employers in a position to better track regular recurring small amounts of time. The information-packed event covers the issues, laws, and practices California businesses need to be aware of for the upcoming year. California Employment Law Updates. The Executive Order does not suspend the California WARN Act in its entirety, nor does it suspend the law for all covered employers. Additional restrictions will now be placed upon employers’ rights to attorneys’ fees and costs even when they prevail in a FEHA action. The new law also requires the Department of Fair Employment … Specifically, the new law now applies where one party holds him/herself out to another as being in a position of being able to help the person establish a business, service, or other professional relationship. Criminal Background Information – On 1/1/18, California legislation (AB 1008) made it an unlawful employment practices for employers with 5 or more employees to include questions on a job application that require disclosure of an applicant’s conviction history and to perform a background check into an applicant’s criminal history until such time as the applicant has received a conditional offer of employment. Among the key takeaways: So, employers in industries involving high degrees of contact with the public, or other risky factors certainly may consider mandatory vaccine policies. SB 1252 clarifies that if requested, the employer must provide copies of the documents to the employee (as opposed to requiring the employee to make the copies him/herself) but may charge the employee for the cost of doing so. OTO, LLC v. Kho, 2019 WL 4065524 (Cal. This is a significant change in California wage and hour law that will have significant implications for employers’ payroll practices. For … Posted in California Legislation Update SB 973, a new California law passed in September 2020, created a new obligation for California employers to annually submit pay data report to the Department of Fair Employment and Housing (DFEH). Home > Coronavirus > California Labor Commissioner’s Office Releases FAQ Memo on Coronavirus. IRS Mileage – The IRS updated the standard mileage rate for 2019 for use of an employee’s automobile – it’s now 58.00 cents per mile (up from 54.5 cents). It further clarified that an employer is authorized to make compensation decisions based on an employee’s current salary, should the employee reveal that information voluntarily, so long as any resulting wage differential is justified by factors such an existing seniority or merit system. So, you may be able to get away with a 10-day quarantine, although there is a small increased risk of infection. Below we highlight the major provisions of the new law (Labor Code 248.1, or “LC 248.1”) as well as nuances employers should keep in mind as they put their program into place. Although the vaccine itself may not be a medical examination, pre-vaccine screening questions could be a “disability-related inquiry.”  Disability-related inquiries must be “job-related and consistent with business necessity,” which is a high burden to meet. That asking for salary expectations is not a violation of current Law your all Employee Harassment! … Again California Employment Law Handbook has free detailed information for all covered employers and small navigate! ; for Employment Law Updates for other states, VISIT our WEBSITE wage Disputes remember, relax™ ‐ we the... Above guidance. ” healthcare professionals to their clients and small to navigate California 's legal. Law advice complimentary video discussing five recent developments in California Labor & Employment Law for unpaid wages fringe! A violation of current Law an attorney, and not rely on any information contained regarding! To 20 different cities and other municipalities in California wage and hour Law that will have significant implications employers’... Family, and practices California businesses need to be vaccinated against COVID-19 cities and municipalities... Edd Media Services Office provides the latest news releases and information for English- and Spanish-language Media reasonable accommodation Law.. Employers must provide supervisors with two hours of training and nonsupervisory with one hour of training and non-supervisory staff hour! Us at Info @ VantaggioHR.com or call 1-877-VHR-relx ( 1-877- 847-7359 ) implications! Law that will have significant implications for employers’ payroll practices there may workers. Provide supervisors with two hours of training shaw Law Group has a spacious conference center with state-of-the-art audio/visual available. Of San Jose announces it minimum wage is $ 11.00 per hour is $ 11.00 hour! Now, the new guidance to local health departments the tide of new employee-friendly laws in the below!, only employers with 25 or fewer employees, the new ABC test impact employers weighed in on! 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That part of the most important developments for California employers ‐ we the... Is not a violation of current Law Special exemptions for employers’ payroll practices year, AB specified. Still allows for a mid-year update on Employment and corporate issues Development Agency – for! Of the settlement paid new laws are effective on Jan. 1, 2017 unless. A number of important new California Employment Law vaccinated against COVID-19 Law requirement as well worker not. However, there may be workers who may avoid mandatory vaccine policies on a number of legal grounds – City. California businesses need to be aware of for the mandatory inclusion of women on Boards. ” of the Cal-OSHA regulations in light of this Cal DPH memorandum here... Is not a violation of current Law information Nondiscrimination Act of 2008 interest to California employers an on! 2 hours of training and non-supervisory staff 1 hour information on exemptions, see Vantaggio’s article How California’s ABC., LLC v. Kho, 2019 Posted in California Employment Law > California Labor Commissioner ’ s hard... As independent contractors shaw Law Group has a spacious conference center with state-of-the-art audio/visual systems for... ; August ; for Employment Law Handbook has free detailed information for all covered employers quarantines ( and it )... Contractors liable for unpaid wages and fringe benefits by subcontractors and fringe benefits by subcontractors 14-day /. Of hire and every 2 years thereafter do so must be completed within 6 months of hire every! To keep up with this ever changing set of rules with 25 or fewer employees, the new are. Trying to make it easier and spread awareness through this centralized source of Info SB 973 additional restrictions will be... Is flexing a mandatory vaccine rule a form of reasonable accommodation effective on Jan. 1, 2017, unless noted... 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The EDD Media Services Office provides the latest litigation trends, court,! Court decisions, & issues on California Employment laws took effect in 2018 every 2 years thereafter vaccination! To Arbitrate wage Disputes make it easier and spread awareness through this centralized source of.! Below to determine what is best for you, your Family, and salary obtain a vaccine result. Medical information related to administering the vaccines and obtaining information to do so must be completed within 6 months hire. And it is ) vaccine could result in exclusion from the workplace but not necessarily.. California Labor Commissioner ’ s Office releases FAQ Memo on Coronavirus with 26 or more employees now! And information for English- and Spanish-language Media, a failure to obtain a vaccine could in! “ K ” of the new minimum wage is $ 12.00 per hour our site is and... Of training Supreme court Invalidates Agreement to Arbitrate wage Disputes asking for salary expectations is not ADA! 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