Such employers will be required to grant employees up to 12 workweeks of unpaid protected leave during any 12-month period to bond with a new child of the employee or to care for themselves or a child, parent, grandparent, grandchild, sibling, spouse, or domestic partner. The model has led to widely publicized abuses. This program expires as of January 1, 2024. Newsroom. If they missed payments, some companies reclaimed the trucks and fired the drivers, seizing their equity. 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). “I’m going to fight it. 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. SB-1383 expands the California Family Rights Act (“CFRA”) and the New Parent Leave Act (“NPLA”) to make it an unlawful employment practice for any employer with five or more employees to refuse to grant a request by an employee to take up to 12 workweeks of unpaid protected leave during any 12-month period to bond with a new child of the employee or to care for themselves or a child, … 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. SB 1384 extends the authority of the Labor Commissioner to represent claimants who cannot afford counsel in arbitrations; requires that petitions to compel arbitration pursuant to specified statutes be served on the Labor Commissioner; and allows the Labor Commissioner to represent claimants in proceedings to determine whether arbitration agreements are enforceable. Unlawful Employment Practices During the COVID-19 Pandemic Copyright © var today = new Date(); var yyyy = today.getFullYear();document.write(yyyy + " "); JD Supra, LLC. Carriers are also counting on the Legislature to revisit the issue next year and at least create an exemption for independent contractors who clearly have their own separate businesses and can carry loads for multiple companies. Hiring workers as employees rather than contractors can add 20% to 30% to labor costs, given Social Security and Medicare taxes, unemployment and disability insurance, workers’ compensation, sick leave, minimum wage, overtime, rest breaks and protections against discrimination and sexual harassment. This bill amends sections 6325 and 6432 of the Labor Code and adds section 6409.6 to the Labor Code. If you’re a California employee, you benefit from some of the most protective employment laws in the nation. 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. Podcast: Another already in effect add to small businesses' costs and regulatory compliance headaches. While little was heard, at least publicly, from the independent movie industry, cable television or documentary film companies — all of which rely heavily on independent contractors — music industry advocates actively lobbied for an exemption. You are also entitled to a 10-minute uninterrupted, duty-free rest breaks for every… Read More In Santa Monica, former NBA player Austin Croshere just shelled out $4.6 million for a newly remodeled modern farmhouse. While federal employment laws set the minimum requirements that your employer must follow, California gives you many additional rights and benefits under state law. Union officials dispute that analysis. This bill adds Section 515.7 to the Labor Code. California lawmakers rewrote the rules of employment across a wide swath of industries Wednesday in legislation that could grant hundreds of thousands … 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. Mass Layoffs (WARN) Meals and Breaks. The minimum wage for employers with 25 or fewer employees will increase to $13.00 per hour on January 1, 2020. 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. Virginia-based SOS did not respond to repeated messages. 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. 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. The California Labor Commissioner’s Office promotes economic justice through robust enforcement of labor laws. 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. For all that, she relies on gig workers, including backup musicians, recording engineers and singers she pays on a per-session basis. It doesn’t make sense.”. Cuban-born Esther Hermida, 59, has her own small Dana Point corporation, GeoLingua Inc. She interprets for federal and state courts, private law firms, conferences, Hollywood award ceremonies and the “Judge Judy” TV show. Independent contractors must be free to perform their work … These conditions include: the mass layoff, relocation or termination must be caused by COVID-19-related “business circumstances that were not reasonably foreseeable at the time that notice would have been required”; the employer otherwise providing notice to affected employees in compliance with the CA WARN Act; and the notice satisfying other specific requirements identified in the Executive Order and guidance issued by the Department of Industrial Relations, Division of Labor Standards Enforcement and the Employment Development Department. AB 5 established several exemptions for which the ABC test does not apply. “After 30 minutes, you become exponentially less precise.”. AB 979 requires, no later than December 31, 2021, any publicly held domestic or foreign corporation whose principal executive office is located in California to have a minimum of one director from an underrepresented community, and, by December 31, 2022 calendar year, any California-based publicly held corporation with more than four but fewer than nine directors to have a minimum of two directors from underrepresented communities, and such a corporation with nine or more directors to have a minimum of three directors from underrepresented communities. They can drive for multiple companies. In enacting AB 1512, the Legislature recognized that security officers must be able to respond to emergency situations without delay and call for assistance from police, fire or ambulance services when necessary. Most of the rest are considered “owner-operators” who traditionally leased their rigs from trucking companies, drive under those companies’ permits and rely on them for work assignments. Pursuant to AB 2143, the “aggrieved person” must have filed the claim in good faith for the provision to apply. But the company’s policy is now “if they want to haul with us, they have to have their own LLC,” Kerwin said. 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. Margot Roosevelt covers California economic, labor and workplace issues for the Los Angeles Times. AB 2147 was passed in the wake of California’s recent serious fire seasons to allow for incarcerated individuals who have worked assisting with firefighting through the California Conservation Camp program to more easily retain employment in firefighting after they have been released from custody. The EO is effective immediately. The possible effect on film and television production is less clear. AB 736 expands the professional exemption under Industrial Wage Commission (IWC) Wage Order Nos. Per the Executive Order, Cal. Lawmakers should care anyway. Finally, for employers with 25 or more employees, AB 2992 prohibits the discharge of, or discrimination or retaliation against, employees who are victims and who need to take time off to seek medical attention for injuries caused by crime or abuse, obtain services from prescribed entities as a result of the crime or abuse, obtain psychological counseling or mental health services related to an experience of crime or abuse, or participate in safety planning and take other actions to increase safety from future crime or abuse. Has substantially the same owners or managers that control the labor relations as the predecessor employer. 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. Supplemental Paid Sick Leave: This bill codifies Governor Newsom’s Executive Order N-51-20 (signed April 16, 2020) which provided supplemental paid sick leave to food sector employees for an employer with 500 or more employees nationwide as a result of the COVID-19 pandemic (COVID-19 Supplemental Paid Sick Leave). 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. The law codifies and expands on an April 2018 California Supreme Court decision that set a strict new test for employers. Public health officials are anxiously tracking the capacity of intensive care units as coronavirus case numbers surge. This bill amends Section 226.7 of the Labor Code. 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. “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. Covered employers are required to provide COVID-19 Supplemental Paid Sick Leave until December 31, 2020, the same date that the FFCRA is set to expire. Gavin Newsom signed a trio of new COVID-19-related employment laws. This bill also creates a new rebuttable presumption — which relates back to cases of workers’ compensation coverage if there was a COVID-19 “outbreak” at the employee’s place of employment. AB 1731 creates an alternative, expedited process by which employers may apply to and participate in California's work-sharing program. Labor leaders argue that workers deserve those benefits, and they hope to organize newly classified employees — since independent contractors may not join unions under federal law. Many of those who went, she said, were also Uber and Lyft drivers. Prior to AB 2479, the exemption was set to expire by January 1, 2021. Child Labor Laws. Provide written notice to the exclusive representative (union), if any, of the employees above. The law codifies and expands on an April 2018 California Supreme Court decision that set a strict new test for employers. 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. The effective date of each new law is indicated in the heading of the Assembly Bill (AB) or Senate Bill (SB).1. However, it does retain the requirement that, to be eligible for leave, an employee must have at least 1,250 hours of service with the employer during the previous 12-month period. She and other musicians visited the state Capitol to protest the law, she said. Some attorneys also suggest that the law could gut so-called loan-out corporations, which many entertainment industry workers set up for tax purposes. Eligible employees are entitled to paid sick leave based on whether they are considered full-time or part-time. Now, as investors scour the market for the great reflation play, they’re hot again. 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. of Independent Music and the Music Artists Coalition in an open letter, suggesting that musicians were being treated “like Uber and Lyft executives rather than their drivers.”. Uber and Lyft got their way in California, with voters supporting their Proposition 22 ballot measure. 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). Tesla’s inclusion in the S&P 500 prompted a rush of last-minute buying of its shares by institutional investors, but the automaker’s stock lost value Monday. Michael Ferreira, president of the California Federation of Interpreters Local 39000, an AB 5 supporter, says many interpreters are misclassified as independent contractors for large national translation companies and have no control over their wages or working conditions. Fair Labor Standards Act (FLSA) Family/Medical Leave (FMLA) Health and Safety (OSHA) Labor Laws (NLRA) Leave Laws. In 2020, California Governor Gavin Newsom signed several laws impacting California employers. 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. They shared it anyway. Minimum Wage. 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 sometimes slip a “choice-of-law” provision in their contracts that says the labor laws of the employer’s home state will govern the employment relationship, but CA considers these contract provisions invalid. They are paid by the load and get a 1099 independent contractor tax form at the end of the year. 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). 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. That report must be made to the carrier by October 17, 2020. Most, however, are hoping that a California Trucking Assn. The California Labor Commissioner has published useful FAQs to assist employers. The National Law Review keeps its finger on the pulse on legal developments related to working. The worker is free from the control and direction of the hiring entity in connection with the performance of the work, both under contract for the performance of the work and in fact. New CFRA leave will also continue to run concurrently with leave taken pursuant to the FMLA, except for any leave taken under the FMLA for disability because of pregnancy or childbirth. “The California labor movement will be laser-focused on implementing and enforcing AB 5.”. In Beverly Hills, an English-inspired estate designed by White House decorator Michael Smith boasts three acres of style. Under California meal break law (which is much more generous to employees than federal labor law), if you are a non-exempt worker, you are entitled to a 30-minute uninterrupted, duty-free meal break if you work more than 5 hours in a workday. The EDD Strike Team established by Governor Gavin Newsom provided recommendations and solutions … 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. Build a Morning News Brief: Easy, No Clutter, Free! At Beck Law, our aggressive employment team will go to the mat for our clients in Sonoma County, Mendocino County, and Lake County California discrimination cases. The Los Angeles employment law attorneys, at Blumenthal Nordrehaug Bhowmik De Blouw LLP, filed a class action lawsuit alleging that Halliburton Energy Services, Inc. failed to … 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. Faced with what officials describe as the largest fraud scheme against taxpayers in state history, the state Employment Development Department is scrambling to fix past mistakes as prosecutors, government auditors and legislators say their early warnings about vulnerabilities in the unemployment benefit system went unheeded. In an August letter to members, SAG-AFTRA wrote that the law would “have no impact on the use of loan outs by our members,” citing its “exhaustive due diligence on the matter with our own in-house and outside counsel, and in cooperation with a broad coalition of entertainment unions, prominent industry CPAs, entertainment attorneys and legislative staff.”. It makes some key changes to the Business Service Providers (i.e., business-to-business) Exemption as follows: (a) expands contracting business to include services provided to a public agency or quasi-public corporation; (b) clarifies that the criteria of providing services directly to the contracting business rather than to customers of the contracting business does not apply if the business service provider’s employees are solely performing the services under the contract under the name of the business service provider and the business service provider regularly contracts with other businesses; (c) specifies the written contract for services must state the payment amount, including any applicable rate of pay, for services to be performed, as well as the due date of payment for such services; (d) the business service provider’s business location may include the business service provider’s residence; and (e) the business service provider can contract (vs. actually contracts) with other businesses to provide the same or similar services and maintains a clientele without restrictions from the hiring entity. Payday Requirements. For any positive test occurring on or after September 17, 2020, an employer must, within three business days of learning that an employee has tested positive for COVID-19, report to its workers’ compensation carrier in writing, sent via email or fax, all of the following information: an employee tested positive for COVID-19 (but without providing any personally identifiable information regarding the employee unless the employee asserts the infection is work-related or has filed a workers’ compensation claim); the date the employee tests positive, which is the date the specimen was collected for testing; the specific address(es) of the employee’s “specific place of employment”5 during the 14-day period preceding the date of the employee’s positive test; and the highest number of employees who reported to work at the employee’s specific place of employment in the 45-day period preceding the last day the employee worked at each specific place of employment. 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