This website uses cookies to improve user experience, track anonymous site usage, store authorization tokens and permit sharing on social media networks. Any employee may file a workers’ compensation claim for COVID-19 with causation to be determined in due course. 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. Dwight manages the firm's Labor and Employment Law Practice Group and is experienced in both litigation and transactional matters. 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. To embed, copy and paste the code into your website or blog: Your first step to building a free, personalized, morning email brief covering pertinent authors and topics on JD Supra: [HOT] Read Latest COVID-19 Guidance, All Aspects... [SCHEDULE] Upcoming COVID-19 Webinars & Online Programs, [GUIDANCE] COVID-19 and Force Majeure Considerations, [GUIDANCE] COVID-19 and Employer Liability Issues. In this article, we highlight some of these new changes that may affect your business: AB 5: Employee v. Independent Contractor: Enter the ABC Test. The bill provides that evidence of measures in place to reduce the potential transmission of COVID-19 in the employee’s place of employment or evidence of an employee’s nonoccupational risks of COVID-19 infection may successfully rebut the presumption. These policies provide workers with minimum compensation levels, health insurance subsidies, medical costs for on-the-job injuries, and prohibits drivers from working more than 12 hours in a 24-hour period unless the driver has been logged off for 6 uninterrupted hours. Referral Agency Exemption: AB 2257 expands the referral agency exemption by adding additional services, including consulting, youth sports coaching, caddying, wedding or event planning, services provided by wedding and event vendors, and interpreting services, among others. Also beginning January 1, 2021, and until January 1, 2023, if OSHA alleges that there has been a “serious violation” due to COVID-19, it need not deliver to the employer a standardized form containing the alleged violation descriptions prior to issuing its citation as would otherwise be required. 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. If the hiring business fails to establish any of these factors, the worker will remain classified as an employee. 31, 2021, and annually thereafter (if the employer is required to file an annual Employer Information Report under federal law). Failure to understand and adapt to the changes in worker classification law can expose California employers to significant risk, including the collection of unpaid wages and back taxes, civil penalties, and civil (and potentially class action) litigation. The notice must include the date of the positive test, the address of the employee’s place of employment during the 14-day period preceding the test, and the highest number of employees who worked at the employee’s place of employment in the 45 days preceding the last day the employee worked at each location. If the hiring business fails to establish any of these factors, the worker will remain classified as an employee. HHS OGC Weighs in On Sub-Regulatory Guidance in Advisory Opinion:... To Rescind or Not to Rescind, That’s Only Half the Question. Each new year brings a bundle of new laws, and this year was particularly eventful in the employment law arena. (iv) operates a business in the same industry as the judgment debtor and the business has an owner, partner, officer, or director who is an immediate family member of any owner, partner, officer, or director of the judgment debtor. Employees are entitled to recover $100 for each initial violation for failure to pay each employee, and each subseq… non-government entity) California employers with 100 or more employees that are required to file an annual, federal Employer Information Report (EEO-1). The new required postings primarily address the addition of the NPLA in the CFRA’s definition section, and the removal of gender-specific pronouns and references in the CFRA’s Certification of Health Care Provider form. There are several other significant changes to the CFRA that employers need to consider in 2021. Visit AB 5 – Employment Status to learn how it impacts you. An “outbreak” exists if one of the following occurs within a period of 14 days at a specific place of employment: When a presumption is applicable under this section, an employer has only 45 days after the claim form is filed to deny the claim (as opposed to the typical 90 days) and otherwise may only rebut the presumption with evidence obtained after that 45 day period. In response to some of these concerns, the California Legislature enacted AB 2257, which amended AB 5 and created additional exemptions for certain occupations and contractual relationships. What COVID-19 related benefits are available to them under law; c. Anti-retaliation and anti-discrimination protections; and. By December 31, 2022: (i) such corporations with five to eight directors must have at least two directors from underrepresented communities; and (ii) such corporations with nine or more directors must have a minimum of three directors from underrepresented communities. UK Regulatory Capital/Prudential Rules: FCA Publishes First... Court Holds That Insurers Do Not Generally Owe Fiduciary Duties To... 2021 Minimum Wage Increases Set to Take Effect. OSHA will also be able to issue “serious violation” citations for COVID-19 without first delivering notice to the employer with an opportunity to respond. By continuing to browse this website you accept the use of cookies. AB 979 defines a "publicly-held corporation" as a corporation with outstanding shares listed on a major United States stock exchange and creates a timeline by which a minimum number of directors from underrepresented communities must be achieved. Since its enactment, AB 5 has been the subject of criticism, litigation, and lobbying efforts from a number of “gig” industries, freelancers, and independent contractors that did not find the legislation workable for their industries. He represents employers and management with a wide variety of employment litigation, ranging from wrongful termination and employment discrimination lawsuits to wage and hour class actions. For employers with 25 or fewer employees, the new minimum wage is $11.00 per hour. AB 5 (Section 2750.3 of the Labor Code) was signed into law on September 18, 2019, by Governor Gavin Newsom. Â, Some states have laws and ethical rules regarding solicitation and advertisement practices by attorneys and/or other professionals. The National Law Review is not a law firm nor is www.NatLawReview.com  intended to be  a referral service for attorneys and/or other professionals. 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. AB 5 codified and expanded the scope of the “ABC” test established in Dynamex. The California legislature passed SB 1159 which created two rebuttable presumptions: 1) employees who reported to the workplace between March 19, 2020 to July 5, 2020 who tested positive for Covid-19 within 14 days of that time period qualify for workers’ compensation benefits and 2) employees who test positive within 14 days of reporting to their workplace during an “outbreak.” In support of the above, AB 3075 also requires that certain business entities verify in their Statement of Information filed with the Secretary of State, whether any officer, director, or any member or manager of a limited liability company has an outstanding final judgment in any court or issued by the Division of Labor Standards Enforcement. New laws, and annually thereafter ( if the hiring business fails to any... Weighs in on hot issues affecting California workplaces separate report for each establishment in! Also removes the submission requirement which allows for more workers to fall this! 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