Basically, this memo is saying that it’s really hard to require 14-day quarantines (and it is). Additional restrictions will now be placed upon employers’ rights to attorneys’ fees and costs even when they prevail in a FEHA action. 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. Previously, only employers with 50 or more employees were required to provide the training. December; Novmeber; October; September; August; For employment law updates for other states, visit our. 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. (This is over and above any California state law right to Family Medical Leave.) California Supreme Court Invalidates Agreement To Arbitrate Wage Disputes. Scroll down to section “K” of the guidance for a discussion of vaccinations. Back To Top . Shaw Law Group has a spacious conference center with state-of-the-art audio/visual systems available for rent. The guidance discusses this issue. 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. The new ABC test makes it even harder than it was before to treat people as independent contractors. 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. 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. By Tony Oncidi and Cole Lewis on December 16, 2020 Posted in California Labor & Employment Law. Additionally, employers were prohibited from seeking salary history either orally or in writing from an applicant. YouTube Spotify RSS Twitter LinkedIn Facebook Instagram VISIT OUR WEBSITE. The latest litigation trends, court decisions, & issues on California Employment Law. California Employment Law Update: What’s New for 2018 By Betsy Carroll. The new law also requires the Department of Fair Employment … And remember, relax™ ‐ We Take the Stress out of HR! OTO, LLC v. Kho, 2019 WL 4065524 (Cal. The employees in this case were recruiters who recruited travelling nurses to work for their employer who provides temporary healthcare professionals to their clients. 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. Employers with 5 or more employees will now be required to train all California employees at least bi-annually. 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. 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. For more information, contact us at Info@VantaggioHR.com or call 1-877-VHR-relx (1-877- 847-7359). Copyright © Vantaggio HR ltd. All rights reserved. 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. 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. 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). For employers with 25 or fewer employees, the new minimum wage is $11.00 per hour. Subscribe to update. 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. 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. We covered that here. 2015. Agricultural employers will be permitted to use a private, enclosed, shaded space such as an air- conditioned cab or a truck or tractor. 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. 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. Labor and Workforce Development Agency – Resources for employers and workers including workers’ compensation and paid sick leave. Even the new guidance does not apply to certain businesses and industries where there is close proximity to high-risk individuals. Is flexing a mandatory vaccine rule a form of reasonable accommodation. Join us for a mid-year update on employment and corporate issues. The training must be completed within 6 months of hire and every 2 years thereafter. The California Labor Commissioner’s Office has issued an important new FAQ Memo for accommodating … November 2015. 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. Book your All Employee Sexual Harassment Prevention Training before 2/28/19, and save 10% off! 12.05.17 Share. 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. “Local health jurisdictions may be more restrictive than the above guidance.”. 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. Sexual Harassment Prevention Training – SB 1343 expands the requirements for mandated sexual harassment training for California employers. Sort of. Due to popular demand, my firm is replying our webinar we conducted recently discussing key California employment laws … 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 now means that the minimum salary requirement for exempt employees depends upon employer size and is either $45,760 or $49,920 per year. We are trying to make it easier and spread awareness through this centralized source of info. The EDD Media Services office provides the latest news releases and information for English- and Spanish-language media. Similarly, an employer cannot require employees to sign a non-disparagement agreement or non-disclosure agreement under the same conditions. Need info about California's employment and labor laws? For employers with 26 or more employees, the new minimum wage is $12.00 per hour. Newsroom. 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 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. It can be difficult for employers both large and small to navigate California's complex legal requirements. What employees are entitled to may be confusing. In his first legislative season, California Governor Jerry Brown has signed into law 22 employment-related bills. None. 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. November 1 – The City of San Jose announces it minimum wage for 2016. 3. 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. The information-packed event covers the issues, laws, and practices California businesses need to be aware of for the upcoming year. This is a significant change in California wage and hour law that will have significant implications for employers’ payroll practices. 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. The Executive Order only suspends the California WARN Act’s 60-day notice requirement for those employers that satisfy the Order’s specific conditions. 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 DFEH has recently published a frequently asked questions page clarifying some questions about SB 973. Contractor Liability – Last year, AB 1701 made certain general contractors liable for unpaid wages and fringe benefits by subcontractors. 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. 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…. 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. Vantaggio is your HR solution. It might be! 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. 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. For more information, please see Vantaggio’s article How California’s New ABC Test Impact Employers. View this complimentary video discussing five recent developments in California employment law … 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. For … Home > California Labor & Employment Law > California Employment Law Notes. But but … Cal-OSHA just issued regulations requiring a 14-day exclusion / quarantine period. 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. California Employment Law Update. This is our year-end assessment of the most important developments for California employers. 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. You should consult with an attorney, and not rely on any information contained herein regarding your specific situation. 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 … 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. For more information on exemptions, see Vantaggio’s Info Bulletins Exempt vs. Non-Exempt and Special Exemptions. 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). A number of important new California employment laws took effect in 2018. The latest litigation trends, court decisions, & issues on California Employment Law. 2021 Employment Law Update. By Anthony Zaller on June 12, 2014. A Few Quick Employment Law Updates (Moderately California-Related) Join Our Mailing List. 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. Employment Law Updates. This Google™ translation feature, provided on the Employment Development Department (EDD) website, is for informational purposes only. 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. For media inquiries, contact us at 916-654-9029 or by email.. To request information through the Public Records Act, visit Public Records Request.. Submissions are always welcome! California Employment Law Updates. In the face of the COVID-19, the Labor & Workforce Development Agency (LWDA) wants to keep workers, employers, co-workers, and families safe. Use the guidance below to determine what is best for you, your family, and your workplace. 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 agency updated its guidance called “What You Should Know About COVID-19 and the ADA, the Rehabilitation Act, and Other EEO Laws” (here). Mandatory vaccines also raise potential religious discrimination issues, also discussed in the guidance. 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. Also keep in mind that close to 20 different cities and other municipalities in California have their own minimum wage ordinances. We’ve posted a couple of times in the past about whether employers may require workers to be vaccinated against COVID-19. 1. 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. Back To Top . Labor Commissioner’s Office FAQs – Employee leave options, compensation, and salary. California Employment Law Notes By Tony Oncidi on September 20, 2019 Posted in California Labor & Employment Law. 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. The law left a number of unanswered questions. Mandatory vaccines do raise ADA / disability discrimination issues when employees claim a disability precludes their taking a vaccine. As a reminder, in California, minimum wage has an impact on more than just the employees who earn at that level. 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. 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. 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). However, bona fide settlement agreements appear to be excluded from these prohibitions. Department of Fair Employment and Housing – Job protection and employment discrimination. Specifically, employers must provide supervisors with two hours of training and nonsupervisory with one hour of training. Each day, California employers look to CalChamber and HRCalifornia for advice about pressing California employment laws and HR issues, such as sexual harassment and employee compensation law. It is very hard for employers to keep up with this ever changing set of rules. Female Members of Boards of Directors – SB 826 provides for the mandatory inclusion of women on corporate boards of directors. 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. update. By Anthony Zaller on October 9, 2020. The information located on our site is general and not intended to provide specific employment law advice. 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. 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. Prior to 1/1/20, supervisors and managers will still be required to attend 2 hours of training and non-supervisory staff 1 hour. AMN Healthcare v. Aya Healthcare Services. 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. 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. Are you ready for the increase in minimum wage? 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. Training and nonsupervisory with one hour of training and non-supervisory staff 1 hour impact more... Restrictions will now be placed upon employers’ rights to attorneys’ fees and costs even when they prevail in FEHA! Female Members of Boards of Directors 10-day quarantine, although there is close proximity to high-risk individuals in of... Disability discrimination issues when employees claim california employment law development update disability precludes their taking a could... 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