However, there may be workers who may avoid mandatory vaccine policies on a number of legal grounds. The new ABC test makes it even harder than it was before to treat people as independent contractors. California Employment Law Notes By Tony Oncidi on September 20, 2019 Posted in California Labor & Employment Law. It can be difficult for employers both large and small to navigate California's complex legal requirements. 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. 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. 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). Due to popular demand, my firm is replying our webinar we conducted recently discussing key California employment laws … Medical information related to administering the vaccines and obtaining information to do so must be kept confidential. 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 … In the final days of the 2017 legislative session, California has passed a variety of new employment laws, everything from a statewide “ban the box” law to parental leave for small employers and requirements for how employers respond to immigration worksite enforcement. Salary History Information â On 1/1/18, California legislation (AB 168) made it illegal for an employer to rely on an applicantâs salary history when determining whether or not to offer employment and in determining the salary to be offered. Shaw Law Group has a spacious conference center with state-of-the-art audio/visual systems available for rent. 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. You should consult with an attorney, and not rely on any information contained herein regarding your specific situation. This continues the tide of new employee-friendly laws in the Golden State. Sexual Harassment Offenders â AB 224 amends the California Civil Code to expand the types of relationships that can give rise to a claim of sexual harassment. Copy of Payroll Records â Existing law allows current and former employees the right to inspect and copy information in their personnel files within 21 days of a request. California Employment Law Overview. In this case, the court found the employer liable for paying an employee who worked âoff the clockâ 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. December 2015. 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. 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. EEOC Weighs in on Mandatory COVID Vaccines. 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…. That would be a state law requirement as well. 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. Mandatory vaccines do raise ADA / disability discrimination issues when employees claim a disability precludes their taking a vaccine. 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. 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. 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. For employers with 26 or more employees, the new minimum wage is $12.00 per hour. 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. Prior to 1/1/20, supervisors and managers will still be required to attend 2 hours of training and non-supervisory staff 1 hour. The EDD Media Services office provides the latest news releases and information for English- and Spanish-language media. View this complimentary video discussing five recent developments in California employment law … Need info about California's employment and labor laws? Employers with 5 or more employees will now be required to train all California employees at least bi-annually. Here is installment #24 of our ongoing series of COVID-related posts of interest to California employers. Female Members of Boards of Directors â SB 826 provides for the mandatory inclusion of women on corporate boards of directors. The Executive Order does not suspend the California WARN Act in its entirety, nor does it suspend the law for all covered employers. 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. Use the guidance below to determine what is best for you, your family, and your workplace. Employers will now have a harder time prevailing in court on harassment claims due to âstatements of legislative intentâ 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. It might be! 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 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. Back To Top . 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. 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. Fair Employment and Housing Act (FEHA) Amendments â SB 1300 amends the CA FEHA in a number of ways that will have a significant impact on how sexual harassment claims are litigated. It also allows for a provision, at the claimantâs request, that limits the disclosure of the personâs identity or other facts that could lead to the discovery of the personâs identity. Posted in California Legislation Update. California Employment Law Update. 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. 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. 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. 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. Also keep in mind that close to 20 different cities and other municipalities in California have their own minimum wage ordinances. This is a significant change in California wage and hour law that will have significant implications for employersâ payroll practices. The training must be completed within 6 months of hire and every 2 years thereafter. Requiring proof of vaccination is not an ADA issue. Historically, federal courts have found it appropriate for employers to not pay wages for small amounts of time that are difficult to record â up to a total of 15 minutes per day. 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. 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