The CFRA currently varies fundamentally from the Family and Medical Leave Act (FMLA) in a few ways, with the end goal that in the event that you have a joined FMLA/CFRA strategy you should split them apart. Effective January 1, 2021, all employers except for health facilities must take the steps outlined below within one business day of receipt of notice that its workforce was exposed to an individual who either tested positive for COVID-19, was diagnosed with COVID-19 by a licensed healthcare provider, was ordered by a public health official to isolate due to COVID-19, or was determined by the county public health department to have died due to COVID-19. AB 685: COVID-19 Reporting NLR does not answer legal questions nor will we refer you to an attorney or other professional if you request such information from us. Laws such as AB 685 increase the employer's duties regarding COVID-19 SLO: (805) 546-8785 | Paso Robles: (805) 226-4148 Employers are prohibited from discriminating against employees because they used their sick leave for such purposes. AB 2992 expands these protections by broadly defining "victim" as 1) a victim of stalking, domestic violence or sexual assault, 2) a victim of a crime that caused physical injury or that caused mental injury and a threat of physical injury, and 3) a person whose immediate family member, as defined, died as the direct result of a crime. Unless otherwise stated, these new laws take effect January 1, 2021: COVID-19-Related Laws California Labor Laws (2021) If you live or work in California, youâre lucky! The CFRA previously only applied to private employers with 50 or more employees within 75 miles of the worksite. Ranging from Covid-19 legislation to revisions to worker classification laws, new reporting requirements, and mandatory additions to boards of directors, below you will find our annual 2021 Employment Law Update. A "successorship" is a company that 1) uses substantially the same facilities or substantially the same workforce to offer substantially the same services as the judgment debtor, 2) has substantially the same owners or managers that control the labor relations as the judgement debtor, 3) employs as a managing agent any person who directly controlled the wages, hour or working conditions or the affected workforce of the judgement debtor, and 4) operates a business in the same industry and the business has an owner, partner, officer or director with an immediate family member of any owner, partner, officer or director of the judgment . An employer may not require that an employee use other paid time off, leave or vacation before or in lieu of this COVID-19 supplemental paid sick leave. Entertainment/Music Industry Exemptions: AB 2257 also creates several new entertainment industry exemptions, which are largely focused on the music industry. This requirement is not operative until January 1, 2022, unless the Secretary of State implements "California Business Connect" (the Secretary of State's anticipated online portal that automates all paper-based processes) sooner. A couple of narrow industry-specific rest break bills were signed this year. Employers must offer employees who have been potentially exposed to COVID-19 in the workplace COVID-19 testing at no cost and during working hours. This leave is in addition to other leave that the employee may otherwise be eligible to receive, with a few exceptions. As employers continue to grapple with the ever-changing legal landscape of COVID-era regulations, 2021 will bring changes to the traditional realm of employment law in dozens of jurisdictions. Intellectual Property Measures Included in Spending and Coronavirus... Eleventh Circuit Finds SBA Can Deny Payment Protection Program Loans... Weekly IRS Roundup December 21 – December 26, 2020. Labor Code section 1102.5 broadly prohibits whistleblower retaliation. California’s worker classification laws are rapidly developing and businesses operating in California must understand and adapt to these developments, in order to fit their workers into this ever-changing classification scheme. Effective Nov. 30, 2020, and continuing while permanent regulations are drafted, Cal/OSHA requires almost every employer in California to implement a site-specific written COVID-19 prevention plan. Under current law, workers alleging they were discriminated or retaliated against in violation of any Labor Commissioner-enforced law have six months to file a complaint with the Labor Commissioner, but beginning January 1, 2021, AB 1947 extends that time to one year. On September 17, 2020, Governor Newsom signed into law AB 685, which will go into effect on January 1, 2021. There are several other significant changes to the CFRA that employers need to consider in 2021. An employer has only 30 days after the claim form is filed to deny the claim (as opposed to the typical 90 days) and otherwise may rebut the presumption only with evidence obtained after that 30-day period. Finally, this bill amends Labor Code Section 1205, which currently states that local jurisdictions are not precluded from enforcing their own local labor laws that are more stringent than state law. Amended Section 1205 goes further to expressly address local laws that relate to the payment of wages, and authorizes local jurisdictions to enforce such laws, so long as they are more stringent than state law. It also expands this "no-rehire" exception to allow no-rehire provisions when the former employee engaged in any criminal conduct, rather than limiting the exception to sexual harassment or sexual assault. Unless otherwise noted in this alert, each of the laws listed below is effective on Jan. 1, 2021. CCP 1002.5 does not apply to standard severance agreements; only to settlement agreements when an employee has filed a claim against the employer in court, before an administrative agency, or through some form of ADR or employer internal complaint process. refusing to participate in an activity that would result in a violation of state or federal statute, or violation of or noncompliance with a local, state, or federal rule, or regulation. AB 2257 also adds translators, copy editors, and illustrators to this exemption provided that work is performed under a contract that specifies the rate of pay, time of payment, and intellectual property rights. That's right; it's time to prepare for the new year, which means being aware of the latest labor and employment laws that are sure to impact your organization. The executive order applied to dates of injury from March 19, 2020, through July 5, 2020. On January 1, 2021, various new and amended employment laws will go into effect in California. Employers must also provide each employee with notice of the amount of COVID-19 supplemental paid sick leave available each pay period. In addition to the above, as of January 1, 2021, employers will have reporting requirements if they are notified that the number of cases at their worksite meets the definition of a “COVID-19 Outbreak” as defined by the State Department of Public Health. The legislation adds exemptions for, among others, fine artists, freelance writers, translators, editors, advisors, producers, copy editors, illustrators, insurance underwriters, real estate appraisers, home inspectors, those providing professional consulting services, as well as certain occupations involved with creating, marketing, promoting or distributing sound recordings or musical compositions and musicians for the purpose of a single-engagement live performance event and other performance artists. Expanded Labor Code Retaliation Protections (AB 1947-Effective January 1, 2021) Labor Code Section 98.7 enables workers to file retaliation claims with the Labor Commissioner when they believe they have been discharged or otherwise discriminated against in violation of laws enforced by the Labor â¦ This Holland & Knight alert highlights selected and significant new California labor and employment laws, regulations governing COVID-19 issues at the workplace by the California Division of Occupational Safety and Health (Cal/OSHA), and the state's increased minimum wage and overtime exempt salary thresholds. Federal Courts Block Implementation of Most Favored Nation Drug... New York Temporarily Bans Facial Recognition Technology in Schools, Hunton Andrews Kurth’s Privacy and Cybersecurity, EPA Ordered to Revise TSCA CDR Rule for Asbestos. Effective January 1, 2021, and until January 1, 2023, the Division of Occupational Safety and Health will have the authority to determine whether a worksite or any part thereof exposes workers to COVID-19 such that it creates an “imminent hazard.” In response to an “imminent hazard,” it may prohibit operations at or entry to that worksite at the immediate area in which the hazard exists by posting a notice to the employer in a conspicuous place. If you would ike to contact us via email please click here. The law does not specify whether this figure is limited to California employees or includes employees outside of California. For pre-existing overtime requirements for agricultural workers, including on the 7th day of work in a workweek, please see Wage Order 14. OECD Will Hold Webinar on Aquatic and Sediment Ecotoxicity Testing of Nanomaterials, UK Bill to Create Stricter Reign Over Acquisitions Implicating D&O Insurance, EPA Intends Proposed Rule to Increase Flexibility and Reduce Burdens under TSCA Fees Program, TCEQ’s Request for NPDES Program Authorization for Oil and Gas Discharges Under Review. This exemption now includes services provided by a still photographer, photojournalist, videographer, or photo editor who works under a written contract that specifies the rate of pay and time of payment. Unless otherwise stated, these new laws take effect January 1, 2021: Additionally, musicians and vocalists who do not receive royalties are to be treated as employees for purposes of receiving minimum wages and overtime. OSHA’s authority will remain in effect until January 1, 2023. Below are some of the significant changes related to COVID-19 that employers should … Employers with multiple establishments must submit a consolidated report that includes all employees as well as a separate report for each establishment. Any legal analysis, legislative updates or other content and links should not be construed as legal or professional advice or a substitute for such advice. By December 31, 2021, such publicly-held corporations must have at least one director from an underrepresented community. This is commonly known as the "key employee" exemption. AB 2992 allows such certifications to include documentation from a victim advocate as well as any form of documentation that reasonably verifies that the crime or abuse occurred such as a written statement signed by the employee or an individual acting on the employee's behalf. UPDATED FOR 2021. Contrary to prior law, AB 5 presumed that all workers are employees, rather than independent contractors. The only exception is where an employer has made a “good faith determination” that the former employee engaged in sexual harassment or sexual assault. Notice to the local health department must include the names, number, occupation and worksite of those impacted by the outbreak, including the business address and North American Industry Classification System (NAICS) code of the worksite. Climate Policy in the End-of-Year Legislative Package. The first category mirrors the federal EEO-1 and requires employers to report the number of employees by race, ethnicity, and gender in 10 federally identified 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. The NLR does not wish, nor does it intend, to solicit the business of anyone or to refer anyone to an attorney or other professional. California Employers Getting Hit Hard Again with New 2021 Employment and Labor Laws Many expect lawsuits challenging new California labor laws By Katy Grimes , December 28, 2020 12:01 pm While employers and carriers typically have up to 90 days to determine whether to accept or reject a workers' compensation claim, if a COVID-19-related illness claim is not rejected within 30 days of filing the claim, the illness is presumed to be compensable. The main changes that AB 2257 makes are (1) modifying and clarifying the business-to-business, referral agency, and professional services exemptions set forth in AB 5; and (2) exempting additional occupations and business relationships. For agricultural workers, including on the music industry U.S. employment Opportunity Commission California! Important Attorney-Client Privilege Concerns Small employers with California operations will want to … 2020. 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