Extended Time to File Labor Commissioner Complaints (AB 1947): Employees now have one year, instead of six months, to file a claim with the Labor Commissioner if the claimant believes they were discharged or otherwise discriminated against in violation of any Labor Code provisions enforced by the Labor Commissioner. The strict three-part “ABC” test still applies when determining whether a California worker can be classified as an independent contractor unless there is an exemption, in which case the more lenient Borello test would be used. Operates a business in the same industry, and the business has an owner, partner, officer, or director who is an immediate family member of any owner, partner, officer, or director of the judgment debtor. As of January 1, 2021, AB 1947 makes two significant changes to existing laws: (1) revising Labor Code section 98.7 to increase the time to file a complaint with the Division of Labor Standards Enforcement from six months to one year; and (2) authorizing courts to award reasonable attorneys’ fees to plaintiffs who bring successful retaliation claims under Labor Code section 1102.5. As stated, it seems that employers cannot deny an employee the use of their sick leave for whatever reason they deem is necessary of sick leave. On January 1, 2021, various new and amended employment laws will go into effect in California. These exemptions went into effect upon the signing of the bill on Sept. 4 and apply retroactively where applicable. Labor law in California can be pretty complicated, but don’t worry—we’ve done the research and put in the hard work to make it as simple as possible to understand. This new law extends the exemption until Jan. 1, 2026. Free 2021 California Employment Laws White Paper HRWatchdog November 17, 2020 636 Even in a months-long pandemic, the California Legislature passed a bunch of new employment laws — some COVID-19-related, some not — that Governor Gavin Newsom signed into law on or before his September 30, 2020, deadline. Stephanie has experience in antitrust, commercial contracts, franchise law, labor and employment, and... You are responsible for reading, understanding and agreeing to the National Law Review's (NLR’s) and the National Law Forum LLC's  Terms of Use and Privacy Policy before using the National Law Review website. When an employer has been notified that it has an “outbreak,” it will have 48 hours to provide the information listed below to the local public health agency in the jurisdiction of the worksite for any employee that either tested positive for COVID-19, was diagnosed with COVID-19 by a licensed healthcare provider, was ordered by a public health official to isolate due to COVID-19, or was determined by the county public health department to have died due to COVID-19. This leave must also be given for any qualifying exigency related to the covered active duty or call to covered active duty. Employers with multiple establishments must submit a consolidated report that includes all employees as well as a separate report for each establishment. Aimed at addressing pay inequities based on gender, race, and ethnicity, the bill requires California employers who have 100 or more employees, and who are required to file an annual Employer Information Report (EEO-1) under federal law, to submit an annual report containing two categories of information. 31, 2021, and annually thereafter (if the employer is required to file an annual Employer Information Report under federal law). Witness Coaching by Whisper Leads to Sanctions for Defense Witness... HHS Proposes Changes To HIPAA Including Access To Protected Health... California's New COVID-19 Exposure and Notification Law. Stay tuned as to how this litigation turns out and the impact on arbitration agreements in California. Key California Employment Laws for 2021. Indeed, cases have been brought by California truckers, freelance journalists, and gig economy businesses challenging the application of AB 5 to their industries and the constitutionality of the law itself. As 2020 comes to an end, we wanted to highlight and summarize some of the new employment laws which have already taken effect or are taking effect in 2021. The major change, which is likely to increase litigation in California, is that this new law also amends Labor Code section 1102.5 to allow for attorney's fees for employees who prevail on a whistleblower retaliation claim pursuant to the code. Some of the significant exemptions that AB 2257 creates or amends are set forth below. There are several other significant changes to the CFRA that employers need to consider in 2021. Referral Agency Exemption: AB 2257 expands the referral agency exemption by adding additional services, including consulting, youth sports coaching, caddying, wedding or event planning, services provided by wedding and event vendors, and interpreting services, among others. Direct Phone Quick Index. She focuses her practice on complex commercial disputes, business litigation matters, and labor & employment litigation. The DFEH intends to issue standard forms for employers to submit their pay data reports and will implement an employer submission portal on the DFEH website. Business-To-Business Exemption: AB 2257 maintains the exemption for “bona fide business-to-business contracting relationships” where a contractor “acting as a sole proprietor, or a business entity formed as a partnership, limited liability company, limited liability partnership or corporation contracts to provide services to another such business.” AB 2257 also extends the business-to-business exemption to include a “public agency or quasi-public corporation” that has retained an independent contractor. Private Employers Must Submit a Pay Data Report to the DFEH (SB 973): Private employers with 100 or more employees must submit a pay data report to California's Department of Fair Employment and Housing (DFEH) by Mar. These new requirements are in addition to the requirements enacted last year, requiring female representation on such corporate boards, set forth in California Corporations Code section 301.3, as detailed in our firm’s alert from last year. Nancy S. Fong, Peter A. Griffin, Baldwin J. Lee, Jennie L. Lee, Alexander Nestor, Annette M. Rittmuller, Nicholas J. Schuchert, Alana Thorbourne Carlyle, Amy Wintersheimer Findley, Melissa K. Zonne contributed to this article. COVID-19: US State Policy Report – December 17, 2020, Introduction to the Pharma & Healthcare Podcast Series [PODCAST]. CFRA expansion. 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