california employment law development update

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. 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. California Employment Law Update: What’s New for 2018 By Betsy Carroll. 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. 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. 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. However, bona fide settlement agreements appear to be excluded from these prohibitions. 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). On November 1, 2015, the City of San Jose announced that its … This is a significant change in California wage and hour law that will have significant implications for employers’ payroll practices. Now, the California Department of Public Health has issued new guidance to local health departments. 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. 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. Specifically, employers must provide supervisors with two hours of training and nonsupervisory with one hour of training. 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. “Local health jurisdictions may be more restrictive than the above guidance.”. The Executive Order only suspends the California WARN Act’s 60-day notice requirement for those employers that satisfy the Order’s specific conditions. 425 University Avenue, Suite 200 Sacramento, CA 95825 Tel: (916) 640-2240 Fax: (916) 640-2241. Previously, only employers with 50 or more employees were required to provide the training. Due to popular demand, my firm is replying our webinar we conducted recently discussing key California employment laws … main page. These new laws will impact California employers from the pre-hiring stage … 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. For more information, contact us at Info@VantaggioHR.com or call 1-877-VHR-relx (1-877- 847-7359). (This is over and above any California state law right to Family Medical Leave.) The guidance discusses this issue. 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. Fair Employment and Housing Act (FEHA) Amendments – SB 1300 amends the CA FEHA in a number of ways that will have a significant impact on how sexual harassment claims are litigated. The EDD Strike Team established by Governor Gavin Newsom provided recommendations and solutions … Sort of. All of the new laws are effective on Jan. 1, 2017, unless otherwise noted. California Employment Law Update. The new ABC test makes it even harder than it was before to treat people as independent contractors. Select California employment requirements are summarized below to help an employer understand the range of employment laws … 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. 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. 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). We can even provide a complete HR audit for your company. The employees in this case were recruiters who recruited travelling nurses to work for their employer who provides temporary healthcare professionals to their clients. 2. 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. And remember, relax™ ‐ We Take the Stress out of HR! 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. Requiring proof of vaccination is not an ADA issue. Employers with 5 or more employees will now be required to train all California employees at least bi-annually. 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. 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. What employees are entitled to may be confusing. 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. Basically, this memo is saying that it’s really hard to require 14-day quarantines (and it is). As the EEOC notes, a failure to obtain a vaccine could result in exclusion from the workplace but not necessarily discharge. 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. Back To Top . This year, AB 2282 specified that asking for salary expectations is not a violation of current law. 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 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. 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. Similarly, an employer cannot require employees to sign a non-disparagement agreement or non-disclosure agreement under the same conditions. 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. Labor Commissioner’s Office FAQs – Employee leave options, compensation, and salary. The EEOC, the federal anti-discrimination agency, has weighed in. The Executive Order does not suspend the California WARN Act in its entirety, nor does it suspend the law for all covered employers. 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. Are you ready for the increase in minimum wage? S. Ct. 2019) In the most recent … Employment Law Updates. 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. Copyright © Vantaggio HR ltd. All rights reserved. Shaw Law Group, PC. By Anthony Zaller on June 12, 2014. As a reminder, in California, minimum wage has an impact on more than just the employees who earn at that level. The information located on our site is general and not intended to provide specific employment law advice. For media inquiries, contact us at 916-654-9029 or by email.. To request information through the Public Records Act, visit Public Records Request.. It might be! 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. Scroll down to section “K” of the guidance for a discussion of vaccinations. The new law also requires the Department of Fair Employment … Join us for a mid-year update on employment and corporate issues. It is very hard for employers to keep up with this ever changing set of rules. This webinar will give all the tools necessary to make sure you are in compliance with California state requirements for your employees. 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. Newsroom. Back To Top . 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). Employment Resources . Employment Law Handbook has free detailed information for all categories. Subscribe to update. Home > Coronavirus > California Labor Commissioner’s Office Releases FAQ Memo on Coronavirus. California Employment Law Report. But asking the reason why a worker did not get vaccinated could well be. In the face of the COVID-19, the Labor & Workforce Development Agency (LWDA) wants to keep workers, employers, co-workers, and families safe. We’ve posted a couple of times in the past about whether employers may require workers to be vaccinated against COVID-19. A number of important new California employment laws took effect in 2018. update. The agency updated its guidance called “What You Should Know About COVID-19 and the ADA, the Rehabilitation Act, and Other EEO Laws” (here). 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. 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. 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. A Few Quick Employment Law Updates (Moderately California-Related) Join Our Mailing List. 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. Print this page 2017 has been a busy year for the California legislature, with the result that a number of new and significant employment laws have been added to the books and will take effect on January 1, 2018. That would be a state law requirement as well. 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. The EDD Media Services office provides the latest news releases and information for English- and Spanish-language media. For … 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. Also keep in mind that close to 20 different cities and other municipalities in California have their own minimum wage ordinances. 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. 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. 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 So, you may be able to get away with a 10-day quarantine, although there is a small increased risk of infection. AMN Healthcare v. Aya Healthcare Services. An exception was made for employers who are required by federal or state law to perform a criminal background check on applicants. The DFEH has recently published a frequently asked questions page clarifying some questions about SB 973. Submissions are always welcome! California Employment Law Update. Contact Roni Stover, our Director of Firm Administration, for more information here, or click here to download the Conference Room Agreement. 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. 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 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. 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 A new law in California requires employers with five or more employees to provide sexual harassment training to their employees by January 1, 2020, and then every two years after that. Female Members of Boards of Directors – SB 826 provides for the mandatory inclusion of women on corporate boards of directors. Our PeopleServicesTraining CalendarPublicationsNewsContact UsOur ClientsCareersBlogDisclaimer. YouTube Spotify RSS Twitter LinkedIn Facebook Instagram VISIT OUR WEBSITE. The law left a number of unanswered questions. 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). By Tony Oncidi and Cole Lewis on December 16, 2020 Posted in California Labor & Employment Law. 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. 3. California Named a Top “Judicial Hellhole” … Again. 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. Shaw Law Group has a spacious conference center with state-of-the-art audio/visual systems available for rent. 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. None. December 2015. 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. Medical information related to administering the vaccines and obtaining information to do so must be kept confidential. Through the HRCalifornia website, we help our … The California Labor Commissioner’s Office has issued an important new FAQ Memo for accommodating … You should consult with an attorney, and not rely on any information contained herein regarding your specific situation. In his first legislative season, California Governor Jerry Brown has signed into law 22 employment-related bills. 2015. 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 court also ruled that given the specifics of this case, the original employer’s list of the prospective travelling nurses was not a bona-fide trade secret. 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. Sexual Harassment Prevention Training – SB 1343 expands the requirements for mandated sexual harassment training for California employers. Book your All Employee Sexual Harassment Prevention Training before 2/28/19, and save 10% off! The latest litigation trends, court decisions, & issues on California Employment Law. 12.05.17 Share. It can be difficult for employers both large and small to navigate California's complex legal requirements. Department of Fair Employment and Housing – Job protection and employment discrimination. 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 Settlement of Sexual Harassment Claims – SB 820 prohibits a settlement agreement entered into on or after 1/1/19 from containing language that would prevent the disclosure of factual information related to sexual harassment, sexual assault, or sex discrimination. OTO, LLC v. Kho, 2019 WL 4065524 (Cal. Use the guidance below to determine what is best for you, your family, and your workplace. EEOC Weighs in on Mandatory COVID Vaccines. Contractor Liability – Last year, AB 1701 made certain general contractors liable for unpaid wages and fringe benefits by subcontractors. California Employment Law Updates. 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. Labor and Workforce Development Agency – Resources for employers and workers including workers’ compensation and paid sick leave. If the employer administers (or contracts with a third party to administer) a COVID vaccine, that’s *not* a “medical examination,” which would trigger obligations under the Americans with Disabilities Act. 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. 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. 1. Get in touch today. Click to read more. But but … Cal-OSHA just issued regulations requiring a 14-day exclusion / quarantine period. This continues the tide of new employee-friendly laws in the Golden State. California Employment Law Notes By Tony Oncidi on September 20, 2019 Posted in California Labor & Employment Law. View this complimentary video discussing five recent developments in California employment law … Posted in California Legislation Update. California Department of Public Health Relaxes Quarantine Standards. November 1 – The City of San Jose announces it minimum wage for 2016. 201 Mission Street, 12th Floor San Francisco, CA 94105 Tel: (415) 983-5960 Fax: (415) 983-5963 . 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. November 2015. Need info about California's employment and labor laws? 4. The web pages currently in English on the EDD website are the official and accurate source for the program information and services the EDD provides. Fisher Phillips labor and employment lawyers are ready to help you take a stand in matters of wage and hour law, immigration, employee benefits, data security, union avoidance, and much more. 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. For employers with 25 or fewer employees, the new minimum wage is $11.00 per hour. The government’s ‘Good work plan’, published in December 2018, made a commitment to increase the penalties for employers that repeatedly breach their employment law obligations. 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. 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). We are trying to make it easier and spread awareness through this centralized source of info. For more information, please see Vantaggio’s article How California’s New ABC Test Impact Employers. Asking certain questions also may implicate the Genetic Information Nondiscrimination Act of 2008. December; Novmeber; October; September; August; For employment law updates for other states, visit our. 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. Memorandum (here). The latest litigation trends, court decisions, & issues on California Employment Law. Introduction to Employment Law in California. 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. By Anthony Zaller on October 9, 2020. 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. Agricultural employers will be permitted to use a private, enclosed, shaded space such as an air- conditioned cab or a truck or tractor. Is flexing a mandatory vaccine rule a form of reasonable accommodation. Many consider California the state with the most proscriptive variances from federal law, including broader antidiscrimination protections, a higher minimum wage, paid family leave insurance and paid sick leave. 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. This Google™ translation feature, provided on the Employment Development Department (EDD) website, is for informational purposes only. California Supreme Court Invalidates Agreement To Arbitrate Wage Disputes. 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 … California Employment Law Overview. Remember that re-hiring employees has wider Employment Law Notes small to navigate 's! 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