The law amends the Labor Code by adding Section 515.7, which states that an employee providing instruction for a course or laboratory at an independent institution of higher education, as defined by the Education Code, shall be classified as exempt under the professional exemption if the employee meets both a duties and salary test. 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. Prior to AB 1947, workers who prevailed in lawsuits alleging that their employer made, adopted or enforced a policy that prevented them from disclosing information to a government or law enforcement agency where they had reasonable cause to believe that the information disclosed a violation of a state or federal law could obtain damages, but were not permitted to recover attorney's fees. “After 30 minutes, you become exponentially less precise.”. Police in Pasadena, Long Beach pledged not to send license plate data to ICE. To meet clean-air regulations, trucking companies forced drivers to purchase new trucks beginning in 2008 rather than assume the expense. Since 2011, more than 1,000 port truckers have filed wage theft and misclassification claims with state officials and been awarded more than $50 million in back pay and penalties. 1. Build a Morning News Brief: Easy, No Clutter, Free! 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. 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. “They work solo for hours without breaks, when best practices require team interpretation, with switches about every half-hour,” he said. Police in Pasadena and Long Beach vowed data from license plate readers wouldn’t be used to enforce civil immigration laws. 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. Even as the law’s supporters celebrate what they call the nation’s strongest attack on inequality in the workplace, it is hard to find any California industry that is not hoping for a future carve-out. DISCLAIMER: Because of the generality of this update, the information provided herein may not be applicable in all situations and should not be acted upon without specific legal advice based on particular situations. “There are many industries that still need to be added,” the California Chamber of Commerce asserted in a statement Sept. 18. This month, California Gov. Fair Labor Standards Act (FLSA) Family/Medical Leave (FMLA) Health and Safety (OSHA) Labor Laws (NLRA) Leave Laws. This program expires as of January 1, 2024. As legislators finalized AB 5, more than 5,000 translators and interpreters signed an open letter calling on lawmakers to allow them to remain independent contractors. The EDD Strike Team established by Governor Gavin Newsom provided recommendations and solutions … Child Labor Laws. Commodities are back in fashion as investors get ready for boom. AB 979 requires, no later than December 31, 2021, any publicly held domestic or foreign corporation whose principal executive office is located in California to have a minimum of one director from an underrepresented community, and, by December 31, 2022 calendar year, any California-based publicly held corporation with more than four but fewer than nine directors to have a minimum of two directors from underrepresented communities, and such a corporation with nine or more directors to have a minimum of three directors from underrepresented communities. Employers with multiple establishments must submit a report for each establishment as well as a consolidated report that includes all employees. That report must be made to the carrier by October 17, 2020. On March 17, 2020, Governor Gavin Newsom issued Executive Order N-31-20, addressing the California Worker Adjustment and Retraining Notification (WARN) Act (Lab. Most, however, are hoping that a California Trucking Assn. Gavin Newsom signed a trio of new COVID-19-related employment laws. Employers can be fined up to $10,000 for failing to report the required information or providing false or misleading information. Should the FFCRA be extended, the COVID-19 Supplemental Paid Sick Leave will also be extended to track the end date of the FFCRA. 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. Reuse Request. 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. The Limits of Employment at Will. 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. Some 13,000 truckers regularly serve the ports of Los Angeles and Long Beach. Employers may mandate this rule only if the collective bargaining agreement expressly provides for the employees' wages, hours of work, working conditions, rest periods, final and binding arbitration of disputes concerning application of the rest period provisions, premium wage rates for all overtime hours worked, and a regular hourly rate of pay of not less than one dollar more than the state minimum wage rate. AB 736 expands the professional exemption under Industrial Wage Commission (IWC) Wage Order Nos. “We had the foresight to see which direction California was going,” Kerwin said. AB 2143 amends Code of Civil Procedure section 1002.5 to specify the circumstances under which an agreement to settle an employment dispute may include a provision that prohibits a settling party from working for the employer again (sometimes known as a “no-rehire” provision). If circumstances do not allow for the employee to take such a rest period, the employer must pay the employee one hour of pay at the employee's regular rate of pay for the rest period that was not provided. 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. J. Ross Parrelli is an Auburn, Calif.-based singer. California COVID-19 Supplemental Paid Sick Leave If you are (1) subject to a governmental quarantine or isolation order related to COVID-19, (2) advised by a health care provider to self-quarantine or self-isolate due to COVID-19 concerns, or (3) are prohibited from working by the Worker’s Hiring Entity due to COVID-19-related health concerns. Golden State Logistics, a Rancho Dominguez company with 40 independent contractors, is one company pushing its workforce to be more self-sufficient. 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. However, it does retain the requirement that, to be eligible for leave, an employee must have at least 1,250 hours of service with the employer during the previous 12-month period. This bill adds Section 515.7 to the Labor Code. Virginia-based SOS did not respond to repeated messages. “We are not the ‘gig economy’ workers AB 5 is designed to protect, but rather highly trained and skilled professionals,” they wrote. But that’s of little solace to Parrelli, who, like many independent recording artists, is not a member of the American Federation of Musicians. 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. This bill repeals sections 12954.6 and 12945.2 of the Government Code and instead implements a new CFRA under section 12945.2. 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. The EO is effective immediately. 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. If they want to be hired as an employee, with the benefits that entails, he refers them “politely” to other companies. California employment law blog, a publication by Berberian Ain LLP provides news, insights & commentary on employment law in California. 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. 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. Code §§ 1400, et seq.) In an August letter to members, SAG-AFTRA wrote that the law would “have no impact on the use of loan outs by our members,” citing its “exhaustive due diligence on the matter with our own in-house and outside counsel, and in cooperation with a broad coalition of entertainment unions, prominent industry CPAs, entertainment attorneys and legislative staff.”. The new laws — some of which were signed into law just weeks ago — address several topics including sick leave, worker classification, employee leave, workers’ compensation, safety regulation enforcement, wages and unemployment insurance. AB 1947 now affords them the ability to do so. The National Law Review keeps its finger on the pulse on legal developments related to working. She is preparing an album for release next year and she runs a nonprofit called Beats|Lyrics| Leaders, which brings musicians into schools and Native American reservations as mentors. Now, as investors scour the market for the great reflation play, they’re hot again. 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. Supplemental Paid Sick Leave: This bill codifies Governor Newsom’s Executive Order N-51-20 (signed April 16, 2020) which provided supplemental paid sick leave to food sector employees for an employer with 500 or more employees nationwide as a result of the COVID-19 pandemic (COVID-19 Supplemental Paid Sick Leave). My Firm’s webinar will take place on Friday October 2, 2020 at 10 a.m. PDT (registration is here and more information below). It repeals Labor Code section 2750.3 which was enacted as a result of AB 5 and adds new sections 2775 through 2787 of the Labor Code. This bill amends Section 226.75 of the Labor Code. New California Employment Laws Effective Now and Coming January 1, 2021. 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