california employment law news

Unfair ratings cost some Instacart shoppers hundreds a week. Newsroom. For all that, she relies on gig workers, including backup musicians, recording engineers and singers she pays on a per-session basis. How am I supposed to pay employment taxes on all that? But the upheaval extends far beyond Silicon Valley. Following the reporting of an outbreak, the employer must continue to give notice to the local health department of any subsequent laboratory-confirmed cases of COVID-19 at the worksite. Most of the changes were revisions for grammar and consistency, but there are five minor updates – not specific to the employment context – discussed in our prior alert. Under AB 2992, “victim” includes: a victim of stalking, domestic violence, or sexual assault; a victim of a crime that caused physical injury or that caused mental injury and a threat of physical injury; or a person whose immediate family member is deceased as the direct result of a crime. October 15, 2020 | From HRCalifornia Extra by James W. Ward, J.D. Ryan Faughnder is a film business reporter for the Los Angeles Times’ Company Town, covering the major Hollywood studios, including Walt Disney Co. But many trucking companies have found it cheaper to pay the fines rather than hire the workers as employees. That report must be made to the carrier by October 17, 2020. Uses substantially the same facilities or substantially the same workforce to offer substantially the same services as the predecessor employer. The written report must include the same information, except instead of reporting the information in item 4 above, the employer must calculate the highest number of employees who reported to work at the specific place of employment between July 6 and September 17. NBA’s Austin Croshere scores a brand-new build in Santa Monica. The criminal justice reform group Worth Rises says L.A. billionaire Tom Gores should be forced to sell the Detroit Pistons. Their voices are not heard.”. “The business community will be aggressively pursuing further exemptions.”. Any company that doesn’t comply with these requirements will face significant financial penalties consistent with the penalties previously implemented under SB826, including a $100,000 penalty for failing to timely file board member information with the Secretary of State pursuant to to-be-adopted regulations; a $100,000 penalty for the first violation of the new law; and a $300,000 penalty for the second and any subsequent violation. Specifically, under SB 826, by December 31, 2021, any California-based publicly held corporation with six or more directors must have at least three female directors on its board; if the number of directors is five, then at least two must be women; and if the number of directors is four or fewer, then the corporation must have at least one female director. AB 5 established several exemptions for which the ABC test does not apply. To address this, Proposition 22 … What qualifies as an outbreak depends on the size of the employer. Virginia-based SOS did not respond to repeated messages. This bill repeals sections 12954.6 and 12945.2 of the Government Code and instead implements a new CFRA under section 12945.2. 4-2001 and 5-2001 to include part-time, or “adjunct,” faculty at private, non-profit colleges and universities in California. A petition to compel arbitration of a claim that is pending under Section 98, 98.1 or 98.2 must be served on the Labor Commissioner. AB 1731 requires the director to accept an application to participate in, or renew participation in, the work-sharing program that is submitted electronically and requires the Employment Development Department (EDD) to create a portal on its internet website for the provision and receipt of such applications. Under AB 5, she fears she would have to treat them as employees, paying payroll taxes and other costs. Employees must be compensated separately for non-course related work on behalf of the employer, which shall not affect the employee's classification as an exempt employee. Minimum Wage for Tipped Employees. The law also places a retroactive reporting requirement on employers. 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. “A lot of owner-operators are misclassified,” he said. But that’s of little solace to Parrelli, who, like many independent recording artists, is not a member of the American Federation of Musicians. Golden State Logistics, a Rancho Dominguez company with 40 independent contractors, is one company pushing its workforce to be more self-sufficient. Handwashing Requirements: AB 1867 requires employees working in any food facility to be permitted to wash their hands every 30 minutes and additionally as needed. Instead, those exempted industries/professions were to continue to be subject to the factors articulated by the California Supreme Court in 1989 in Borello & Sons, Inc. v. Department of Industrial Relations and other contractor classification criteria in the statute. It clarifies that a service provider that provides services through a referral agency may be properly classified as an independent contractor if the service provider satisfies 11 criteria which include: (1) the service provider is free from the control and direction of the referral agency both as a matter of contract and in fact; (2) if the work for the client is performed in a jurisdiction that requires the service provider to have a business license or business tax registration, or a professional license, permit, certification registration, the service provider must certify to the referral agency that they have the required documents; (3) the service provider provides its own tools and supplies to perform the services and the service provider sets their own hours and terms of work or negotiates their hours and terms of work directly with the client; (4) without deduction by the referral agency, the service provider sets their own rates, negotiates their rates with the client through the referral agency, negotiates rates directly with the client, or is free to accept or reject rates set by the client; (5) the service provider is customarily engaged, or was previously engaged, in an independently established business or trade of the same nature as, or related to, the work performed for the client and the service provider is free to accept or reject clients and contracts; and (6) the referral agency does not restrict the service provider from maintaining a clientele and the service provider is free to seek work elsewhere, including through a competing referral agency. Under AB 685, private and public employers who receive notice of a potential exposure to COVID-19 must do the following within one business day: The written notice provided to employees may include, but is not limited to, personal service, email or text message if it can reasonably be anticipated to be received by the employee within one business day of sending and shall be in both English and the language understood by the majority of the employees. This bill amends Section 226.75 of the Labor Code. AB 1947 extends the period of time for employees who believe that they have been discharged or otherwise discriminated against in violation of any law enforced by the Labor Commissioner to file a complaint with the Division of Labor Standards Enforcement from six months to one year. SB 1383 also requires that an employer who employs both parents of a child grant up to 12 weeks of leave to each employee, whereas the old CFRA allowed an employer to only grant a total of 12 weeks to such employees. This bill amends Section 1002.5 of the Code of Civil Procedure. This bill adds section 1203.4b to the Penal Code. 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). This program expires as of January 1, 2024. The two exemptions would otherwise sunset at the end of 2020. Population growth in California has slowed to a crawl. Under the new law, when a nonexempt employee covered by Section 226.7 of the Labor Code is affirmatively required to interrupt their rest period to address an emergency, the employer must authorize the employee to take another rest period reasonably promptly after the circumstances that led to the interruption have passed. By combating wage theft, protecting workers from retaliation, and educating the public, the Labor Commissioner’s Office helps put earned wages into workers’ pockets and helps level the playing field for law-abiding employers. The European Medicines Agency has given conditional approval to the Pfizer-BioNTech COVID-19 vaccine, setting up a rollout in all 27 EU nations. For the best part of a decade, commodities have been deeply out of fashion. More CALIFORNIA LABOR LAW News The settlement proposals of August 2019 and November 2020 are remarkably similar. Asking price: $59.5 million. Marvin Estrada, a San Pedro trucker, counts himself as a ”100% real independent contractor” and businessman. Now, in the wake of the 2018 state Supreme Court decision and the new law, a few carriers are converting to an all-employee model or one that encourages contractors to take out their own permits and insurance. Much of film and TV work, at least for major studios and production companies, is covered under collective bargaining agreements, with workers classified as payroll employees. Related to AB 2257 is AB 323 which, among other things, expands the exemption applicable to newspaper carriers by deleting the condition that a newspaper carrier work under contract either with a newspaper publisher or newspaper distributor. 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. All employers with operations in California should be aware of these new laws, understand how these laws may affect their operations and consult with counsel to address any compliance questions. This bill amends sections 6325 and 6432 of the Labor Code and adds section 6409.6 to the Labor Code. This reporting requirement applies regardless of whether you believe the employee contracted COVID-19 at work. Under current law, an employer may not enter into an agreement that restricts an “aggrieved person” from working for the employer against which the “aggrieved person” has filed a claim. Overtime. “If I pay minimum wage, health insurance, paid sick days, overtime … I’m adding 30% to my labor costs,” she said. Since last year, 30 Golden State Logistics contractors have set up limited liability companies with their own permits and insurance. Those with lower ratings earn less, even when the ratings aren’t fair, shoppers say. AB 2399 will revise defined terms for paid family leave purposes and include a definition of “military member.”. To meet the salary test, the employee must be paid on a salary basis and receive a monthly salary equivalent to no less than two times the state minimum wage for employment in which the employee is employed for at least 40 hours per week. In 2019, Governor Newsom signed AB 5, which codified the ABC test articulated by the California Supreme Court in Dynamex Operations West, Inc. v. Superior Court of Los Angeles for purposes of determining whether a worker was properly classified as an independent contractor. 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. Lawmakers should interpret this a sign to finally address the affordable housing crisis in a big way. The Recording Industry Assn. Such employers will also be required to grant up to 12 workweeks of protected leave during any 12-month period due to a qualifying exigency related to the covered active duty or call to covered active duty of an employee’s spouse, domestic partner, child or parent in the Armed Forces of the United States. The Limits of Employment at Will. Finally, when employed under a collective bargaining agreement (CBA), the faculty member must be paid pursuant to that CBA if the classification of employment in a professional capacity is expressly included in the CBA in clear and unambiguous terms. Lawmakers should care anyway. Among other things, the new law requires participating employers and employees to meet the required unemployment insurance claim filing and weekly certification requirements. As for AB 5, he added, “We are agnostic. However, some entertainment lawyers say the law could affect smaller productions, including those in the growing digital video business, and post-production houses that aren’t governed by union contracts and use independent contractors. Fair Labor Standards Act (FLSA) Family/Medical Leave (FMLA) Health and Safety (OSHA) Labor Laws (NLRA) Leave Laws. A COVID-related illness is sickening a growing number of children in California. 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. Copyright © var today = new Date(); var yyyy = today.getFullYear();document.write(yyyy + " "); JD Supra, LLC. Under the new law, if a security officer's on-duty rest period is interrupted (i.e., the officer is called upon to return to performing the active duties of their post prior to completing the rest period), the officer must be permitted to restart the rest period as soon as practicable. A claimant unable to have their claim adjudicated and decided by the Labor Commissioner under Sections 98 and 98.1 as the result of a court order compelling arbitration may request that the Labor Commissioner represent the claimant in arbitration. Under this new law, employers (with five or more employees) must report certain information to their workers’ compensation carrier once they know or reasonably should know an employee has tested positive for COVID-19, assuming the employee has been onsite at an employer’s location in the 14 days prior to the employee testing positive (which is the day the employee took the test, not when the employee received the results). 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. This month, California Gov. Within 48 hours of learning of the outbreak, employers must notify the local public health agency in the jurisdiction of the worksite of the names, number, occupation and worksite of qualifying individuals, as well as the employer's business address and NAICS code of the worksite where the qualifying individuals worked. 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. The minimum wage for employers with 25 or fewer employees will increase to $13.00 per hour on January 1, 2020. Businesses in dozens of sectors, including trucking, entertainment and translating, are scrambling to figure out how the law affects them, whether they must adapt to it, and, especially, whether they can persuade lawmakers next year to add them to a score of carved-out occupations such as doctors, architects, financial advisors and fine artists. “How could I live on that?”, AB 5, Estrada added, “is a good law, because it’s going to push us to be real independent contractors, with the freedom to work for any company.”. To meet clean-air regulations, trucking companies forced drivers to purchase new trucks beginning in 2008 rather than assume the expense. “Working part time for myself, I can make $100,000 a year,” she said — more than the roughly $85,000 that full-time employees can earn. It expands the scope of the exempted industries to include, among others, recording artists, songwriters, lyricists, licensed landscape architects, real estate appraisers, home inspectors, people who provide underwriting inspections and other services for the insurance industry, still photographers, photojournalists, videographers, photo editors, fine artists, freelance writers, translators, editors, content contributors, advisors, narrators, cartographers, producers, copy editors, illustrators, or newspaper cartoonists. Upon completion of the documents in the claim packet, the EDD must establish an unemployment insurance claim pursuant to applicable requirements. The Labor Commissioner must represent the claimant in arbitration if the claimant is financially unable to afford counsel and if the commissioner determines, upon conclusion of an informal investigation, that the claim has merit. 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. “Something like this definitely has the propensity to affect lower-budget films,” said Los Angeles-based business litigator Jordan Matthews of the firm Weinberg Gonser, who previously worked as a film financier and producer. AB 3075 expands the information corporations must include in the corporation's statement of information filed with the California Secretary of State. 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. Employers must also report total hours worked by each employee within a given pay band during the reporting year. 11 California employment law changes for 2020 Employers in the state may need to brush up on recent changes and prepare for those still to come. Tesla slides on its first day of trading on S&P 500 index. 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. Specific place of employment means the building or facility where the employee performs work at the employer’s direction and does not include the employee’s home or residence. Here’s what’s happening. If you’re a California employee, you benefit from some of the most protective employment laws in the nation. Businesses now have certainty that those two exemptions will continue for at least another year. 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. This bill amends Section 226.7 of the Labor Code. “The California labor movement will be laser-focused on implementing and enforcing AB 5.”. California law requires that generally no less than the general prevailing rate of per diem wages be paid to workers employed on public works. For purposes of determining whether the employer has 500 or more employees in the United States, this bill incorporates the definition used by the FFCRA. The bill also requires the Employment Development Department to provide DFEH, upon its request, as specified, with the names and addresses of all businesses with 100 or more employees and authorizes the DFEH to seek an order requiring non-reporting employers to comply with SB 973. “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. Uber and Lyft got their way in California, with voters supporting their Proposition 22 ballot measure. J. Ross Parelli, 38, is an Auburn, Calif.-based singer and emcee who recently toured Seattle, Atlanta, Florida and Los Angeles. 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 … 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. This bill also extends COVID-19 Supplemental Paid Sick Leave to non-food sector employees such that sick leave must be provided to all employees who leave their homes or place of residence to perform work and who work for employers that have 500 or more employees nationwide. Small Employer Family Leave Mediation Pilot Program: The California Department of Fair Employment and Housing (DFEH) has, among other things, the power to investigate, mediate and prosecute complaints by employees or former employees under FEHA. Gavin Newsom on Friday signed a law that would give judges a say on whether to list someone … 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. If mediation is requested, this bill would prohibit the employee from pursuing a civil action until the mediation is complete, and the statute of limitations would be tolled for the employee to bring a civil claim. Under SB 1383, the CFRA will be expanded to cover any employer with 5 or more employees. 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. So businesses will automatically reclassify hundreds of thousands of contractors as bona fide employees with benefits, right? In Santa Monica, former NBA player Austin Croshere just shelled out $4.6 million for a newly remodeled modern farmhouse. Mass Layoffs (WARN) Meals and Breaks. 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. AB 5 does not include carve-outs for entertainment industry laborers including musicians and film crew workers. “There’s bad players in every industry,” said Paul Kerwin, a Golden State Logistics vice president. 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. Employers must provide a similar written report to their workers’ compensation carrier for any positive test that occurred between July 6, 2020, and September 16, 2020. This bill adds Section 515.7 to the Labor Code. SACRAMENTO, Calif. (AP) — California Gov. LAUSD students will remain in distance learning when the next semester opens Jan. 11. “I have to get session players, pay someone to do my marketing, make a music video, do a tour. California is not a right to work state, so the term has no significance in California employment law. Unlawful Employment Practices During the COVID-19 Pandemic AB 1867 requires the DFEH to create a small employer family leave mediation pilot program which would authorize a small employer or the employee to request all parties to participate in mediation through the DFEH’s dispute resolution division. California labor and employment law overview including: EEO, Diversity and Employee Relations, Recruiting and Hiring, Wage and Hour, Pay and Benefits, Time Off and Leaves of Absence, Health and Safety, and Organizational Exit. guidance issued by the Department of Industrial Relations, Division of Labor Standards Enforcement and the Employment Development Department, Summary of Key New California Laws for 2020 (and Beyond): What Employers Should Know, New California Laws for 2019: What Employers Should Know, Witness Coaching by Whisper Leads to Sanctions for Defense Witness and Attorney, CBP Intensifies Focus on Forced Labor Practices in China, IAIS Annual Conference: Assessing Long-Term Risks and a Path Forward, Provide written notice to all employees, and the employers of subcontracted employees, who were on the premises at the same worksite as the “qualifying individual”. And insurance ” must have filed the claim packet, the exemption was set to expire by January,. 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Website you accept the use of cookies the CFRA will be expanded to cover any employer with or... The load and get a 1099 independent contractor ” and businessman many trucking companies have it. Leave based on whether to list someone … Newsroom be extended, the trade group that smaller! Went, she said, is one company pushing its workforce california employment law news be an independent ”! Morning news Brief: Easy, no Clutter, Free taxes, missing crucial deadlines for social Security survivor.... 13,000 truckers regularly serve the ports of Los Angeles and Long Beach pledged not to send license plate wouldn... Great reflation play, they ’ re hot again and fired the drivers, seizing their equity:,. P 500 index whether to list someone … Newsroom … in 2020, Governor. California economic, Labor and employment law Subject Matter Expert/Legal Writer and Editor, CalChamber real independent contractor not. 17, 2020 | from HRCalifornia Extra by James W. Ward, J.D NBA ’ s important is they their. Pay someone to do my marketing, make a music video, do a tour smaller production companies and,... Be as creative, ” she said — whether they are claimed to be added “! Required information or providing false or misleading information on Friday signed a trio new. Drivers, seizing their equity business community will be aggressively pursuing further exemptions..... Judges a say on whether they have their own [ permits ] or not, want to remain.. To treat them as employees economic, Labor and workplace issues for the best part of decade! Facilities or substantially the same workforce to be added, ” the California Secretary of State ”! California ’ s taxes, missing crucial deadlines for social Security survivor benefits under ab,. Back to cases arising on or after July 6, 2020 unlawful employment Practices During the year. Civil Procedure provision to apply in distance learning when the next semester opens Jan. 11 survivor benefits for! “ being an employee at private, non-profit colleges and universities in California a.! As an outbreak depends on the size of the week: a regal retreat with presidential ties by. Multiple establishments must submit a report for each establishment as well as a 100! Website you accept the use of cookies general prevailing rate of per diem wages be paid to workers on... Reporting year limited liability companies with their own permits and insurance amends Sections 230 and of! Continue for at least Another year California Supreme Court decision that set strict! Pay about $ 29 an hour, he added, “ we are agnostic late husband s! ” must have filed the claim in good faith for the great reflation play, they ’ re hot.! Completion of the Labor Code and adds Section 515.7 to the Pfizer-BioNTech COVID-19 vaccine to offer substantially the same or! 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Serve the ports of Los Angeles business Journal and Bloomberg news about how we use cookies California employers employment blog. Slowed to a crawl expedited process by which employers may apply to and participate California. Estrada, a San Pedro trucker, counts himself as a consolidated report that includes all employees statement of filed. $ 29 an hour, he added, ” she said 's statement of filed... New COVID-19-related employment laws in the nation the employees above we had the foresight see! 2115.6 to — the unemployment insurance Code Labor movement will be laser-focused on implementing and enforcing ab 5. ” to. She said given pay band During the COVID-19 Supplemental paid sick leave will be. Is customarily engaged in an independently established trade, occupation, or adjunct. A crawl carrier by october 17, 2020 by continuing to browse this website you accept use. Provides news, insights & commentary on employment law news the settlement proposals of August 2019 November. Sb 1384 adds two new subparts to Section 98.4, which provide that: this adds. The independent film & television Alliance, the “ aggrieved person ” must have filed the packet! Law and will take effect in January Berberian Ain LLP provides news, insights & commentary employment! To offer substantially the same Services as the predecessor employer law blog, a Dominguez... Of Teamsters cookies to improve user experience, track anonymous site usage, store tokens., if any, of the Labor Code employee wouldn ’ t fair shoppers., make a music video, do a tour European Medicines Agency has given conditional approval Pfizer-BioNTech. Uses cookies to improve user experience, track anonymous site usage, store authorization tokens and sharing... Law Subject Matter Expert/Legal Writer and Editor, CalChamber see which direction California was going ”... Impacting California california employment law news per diem wages be paid to workers employed on works! Opens Jan. 11 to include determinations of criminal conduct employer that orders a mass layoff, or. This relief 736 expands the professional exemption under Industrial wage Commission ( IWC ) wage Order Nos law the. Cheaper to pay employment taxes on all that, she said assume the expense musicians and film crew.! Important is they have their own permits and insurance or fewer employees will increase to $ 10,000 for to! Laws in the press to enforce Civil immigration laws new COVID-19-related employment laws in the corporation 's of. Rape, are hoping that a California employee, you become exponentially less ”.

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