Administers the Job Service, Unemployment Insurance, Disability Insurance, Workforce Investment Act, and Welfare-to-Work programs and handles the audit and collection of employment taxes and maintains employment records for more than 19 million California workers. 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. Oracle Joins “Texit” – The Growing Exodus From California to Texas, California Named a Top “Judicial Hellhole” … Again, As COVID-19 Cases Overwhelm the Golden State, Cal/OSHA Imposes More Burdens on Employers, emergency temporary standards to protect workers from COVID-19, California Department of Fair Employment and Housing, “See Ya Later, California!” Hewlett-Packard Moves its HQ from Silicon Valley to Texas, November 2020 California Employment Law Notes, Court Affirms $4.26 Million Jury Award For “Self-Published Defamation”, Court Affirms Dismissal Of Trade Secrets Claim Brought Against Apple, Employer Gets No Relief From $1.6 Million Default Judgment, Google Employees’ PAGA Claims Are Not Preempted By The NLRA, Non-California Forum Selection Clause Is Barred By Labor Code Section 925, Ninth Circuit Upholds FINRA Class Action Waiver Provision, Employees Compensated Solely By Commission Are Not Paid A “Salary” And Are Non-Exempt, Podcast: What the Biden Presidency Could Mean for Employers, State-by-State Real-Time Updates on Employment and Privacy-Related Rules, Regulations, Orders and Guidance, Please click here to learn more information about ProTrack COVID-19, California Expands Its Already Generous Leave Requirements To Cover Even Smaller Employers, California Mandates Diversity Quotas for Corporate Boards, Employee Benefits and Executive Compensation Law Blog, Government Contractor Compliance & Regulations, Proskauer on Class and Collective Actions. A Few Quick Employment Law Updates (Moderately California-Related) AB 2257 – CA’s “Improved” Independent Contractor Law, Explained; Join Our Mailing List. Additionally, the state's salary threshold of overtime exemption is now $54,080 for employers with 26 or more employees and $49,920 for employers with 25 or fewer employees. HP’s fabled rise began in 1938 when Bill Hewlett and Dave Packard started the tech-giant-to-be in a garage they had rented in Palo Alto, CA. 2019 Employment Law Updates for California 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. Proskauer’s ProTrack COVID-19 tool is now available for use by our clients. Vox Media, for example, recently laid off all California-based freelancers with plans to replace them with employees. The California Consumer Privacy Act grants consumers certain rights regarding personal information that is owned by businesses. Webinars California Employment Law Update. 8 questions and answers about COVID-related compliance, Employers can require proof of COVID-19 vaccination — with some exceptions, EEOC says, Trump signs coronavirus relief bill without demanded revisions, 5 questions to ask before adopting a coronavirus vaccine policy, DOL relaxes FMLA posting, treatment requirements, Why Broker-Carrier Partnerships Are Key to Benefits Upgrades, How to Eliminate Wasteful Spending in Employee Expenses, In Coronavirus Relief Bill, Congress Also Curbs Surprise Medical Bills, New DCCC chair draws diversity warning from colleagues as he names top staffer, Early access to the coronavirus vaccine sparks lobbying from companies and unions, Analyst Report: Managing Better – How HR can Transform Performance Management in 2021, Jury will decide if Amazon manager's complaints about 'uncomfortable' texts were protected, DOL regs will allow non-tipped workers into tip pools, Performance Food Group to pay $5M to settle claims it failed to hire women. AB-749 says that settlement agreements between an "aggrieved person" and an employer can no longer contain a provision that restricts an employee from obtaining future employment with that employer and any affiliated entities such as franchises or subsidiaries. “We believe these moves best position Oracle for growth and provide our personnel with more flexibility about where and how they work,” the company said in its SEC filing. Payday Requirements. FEHA prohibits employers from using discriminatory practices in the hiring, promotion and termination of employees. Employers must also provide access to electricity or alternative devices and access to a sink and a refrigerator near the employee's workspace. As the California Hospital Association, it is our job to keep our members current with all of them. ... Due to popular demand, my firm is replying our webinar we conducted recently discussing key California employment laws passed in this legislative session. Please login or register to read the rest of this post. The free newsletter covering the top industry headlines, Brian Tucker / Industry Dive with assets from PeterSnow via Getty Images. 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. A recent ruling of the Superior Court of California in Los Angeles also, Media companies that rely on freelancers for blogging, reporting, photography and management of web properties also may be heavily affected. For California employers, 2020 carries a whole set of new legal obligations. You can find an update on the latest in the rideshare industry here. Subscribe to HR Dive: Topics covered: HR management, compensation & benefits, development, HR tech, recruiting and much more. Uber, Postmates and two drivers have filed a joint lawsuit against the state, calling the law unconstitutional. The answer "is far from clear," one management-side attorney told HR Dive. Here is what we know as of today. All Rights Reserved. Mass Layoffs (WARN) Meals and Breaks. California Employment Law Overview. The law also states a limit on the number of "submissions" a freelancer can contribute in a year and also defines what constitutes a submission. Be customarily engaged in an independently established trade, occupation or business of the same nature as that involved in the work performed. California’s Division of Occupational Safety and Health, better known as “Cal/OSHA,” recently issued new emergency temporary standards to protect workers from COVID-19 (the “Emergency Temporary Standards”), which were approved by the Office of Administrative Law earlier this week. On Friday, December 18, 2020, AlvaradoSmith employment lawyer Jonathan M. Werner presented AlvaradoSmith’s “2021 California Employment Law Update.”. from taking effect. "If we're talking about individuals who come into a workplace and are performing essentially the same work that is the focus of the business, there is a large question as to whether or not the intent of the business is to duck its obligation to provide the appropriate employee protections to the worker, by means of placing the worker in a different category," Pearce said. The Emergency Temporary Standards, which are now in effect, apply to virtually all California employers, employees, and places of employment, with three exceptions:  (1) workplaces where there is only one employee who does not have contact with other people; (2) employees who are working remotely; and (3) employees covered by Cal/OSHA’s Aerosol Transmissible Diseases regulation. Copyright © 2020, Proskauer Rose LLP. The law also states a limit on the number of "submissions" a freelancer can contribute in a year and also defines what constitutes a submission. The penalty is $100 for the first violation. "To designate workers as something other than an employee puts the onus on the workers to provide for their own insurance, to seek legal recourse through individual legal names," Pearce said. AB-749: Ban on no-rehire provisions in settlement agreements. Joining Tesla, Hewlett-Packard and Charles Schwab, Oracle, the world’s largest database management company, has announced that it will move its corporate headquarters from California to Texas. CAL-OSHA ISSUES REGULATIONS REGARDING EMPLOYER SAFETY REQUIREMENTS APPLICABLE TO MOST EMPLOYERS distinguished lecturer and executive director of Georgetown University Law Center's Workers' Rights Institute and former chair of the National Labor Relations Board, told HR Dive. California Assemblywoman Lorena Gonzalez, D, who authored the bill. Companies may want to have their arbitration agreements reviewed and updated if necessary. added hairstyle, including "such hairstyles as braids, locks, and twists," to the list of protected traits. On-demand service apps such as rideshare companies that rely on an army of freelance workers to fulfill their orders may be most affected. Overtime. This is just the latest example of how California’s, uh, rather challenging tax and regulatory environment continues to drive employers from the Golden State. "The one clear thing we know about Uber is they will do anything to try to exempt themselves from state regulations that make us all safer and their driver employees self-sufficient," she said. SB 688 expands on existing labor codes to levy the same penalties for failure to pay minimum wage to companies that pay or cause an employee to be paid "a rate of compensation that is less than set by contract. This amounts to each Californian paying a $594.74 “tort tax.”. AB-673 updates existing labor code so employees can seek penalties for late wage payments. In addition, the Emergency Temporary Standards direct employers to “continue to maintain … [the] earnings, seniority, and all other employee rights and benefits” of any employee who has to be excluded from work due to actual COVID-19 infection or potential COVID-19 exposure in the workplace, if the employee is “otherwise able and available to work.”  The Emergency Temporary Standards provide that the obligation to maintain earnings and benefits does not apply to any period when an employee is unable to work “for reasons other than protecting persons at the workplace from possible COVID-19 transmission” or if the employer can demonstrate that the COVID-19 exposure is not work related. In that situation. `` ab-9: employment discrimination statute of limitations party that is owned by businesses ProTrack... California Supreme Court ’ s ProTrack COVID-19 tool is now available for use by clients! 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