california employment law development update

We are trying to make it easier and spread awareness through this centralized source of info. View this complimentary video discussing five recent developments in California employment law … Shaw Law Group, PC. 425 University Avenue, Suite 200 Sacramento, CA 95825 Tel: (916) 640-2240 Fax: (916) 640-2241. California Employment Law Update: What’s New for 2018 By Betsy Carroll. 1. 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 … Labor Commissioner’s Office FAQs – Employee leave options, compensation, and salary. Click to read more. 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. 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. Requiring proof of vaccination is not an ADA issue. “Local health jurisdictions may be more restrictive than the above guidance.”. California Named a Top “Judicial Hellhole” … Again. This year, AB 2282 specified that asking for salary expectations is not a violation of current law. S. Ct. 2019) In the most recent … 2021 Employment Law Update. The latest litigation trends, court decisions, & issues on California Employment Law. On September 9, 2020 Governor Newsom signed AB 1867 into law, giving California employers just 10 days to implement new COVID-19 Supplemental Paid Sick Leave statewide. A Few Quick Employment Law Updates (Moderately California-Related) Join Our Mailing List. On November 1, 2015, the City of San Jose announced that its … 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. SB 1252 clarifies that if requested, the employer must provide copies of the documents to the employee (as opposed to requiring the employee to make the copies him/herself) but may charge the employee for the cost of doing so. Female Members of Boards of Directors – SB 826 provides for the mandatory inclusion of women on corporate boards of directors. Employers will now have a harder time prevailing in court on harassment claims due to “statements of legislative intent” 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. December; Novmeber; October; September; August; For employment law updates for other states, visit our. Existing law requires employers with 50 or more employees (total headcount includes temporary and seasonal staff and all employees anywhere in the U.S.) to provide 2 hours of specified curriculum to their California supervisors and managers every 2 years. Of note, CA employers are no longer able to enter into Non-Disclosure Agreements involving claims of sexual assault, harassment, or discrimination; will be required to increase the Sexual Harassment Training efforts; and will be restricted from entering into certain Settlement Agreements related to harassment and discrimination. Four of these recruiters left the company and went to work for a competitor firm where they then began recruiting some of the same travelling nurses. Salary History Information – On 1/1/18, California legislation (AB 168) made it illegal for an employer to rely on an applicant’s salary history when determining whether or not to offer employment and in determining the salary to be offered. Employment Resources . Paid Family Leave – SB 1123 expands the scope of the current California family disability insurance program which provides wage replacement benefits to employees who need to take time off from work to care for family members. If an employer can prove that complying with these new requirements represents an undue hardship for their company, the employer may still be able to provide a location that is something other than a toilet stall (such as a bathroom). Independent Contractors – In 2018, the California Supreme Court, in its ruling in the Dynamex case, created a new test by which the California Labor Commissioner will determine if a worker is an employee or an independent contractor. 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. It further clarified that an employer is authorized to make compensation decisions based on an employee’s current salary, should the employee reveal that information voluntarily, so long as any resulting wage differential is justified by factors such an existing seniority or merit system. We’ve posted a couple of times in the past about whether employers may require workers to be vaccinated against COVID-19. Newsroom. Book your All Employee Sexual Harassment Prevention Training before 2/28/19, and save 10% off! 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. While this case certainly does not prohibit the use of all employee non-solicitation agreements or clauses, employers are cautioned to have these types of agreements as well as trade secret protection agreements drafted carefully by professionals with experience in this evolving and increasingly restrictive area of the law. Also keep in mind that close to 20 different cities and other municipalities in California have their own minimum wage ordinances. Each day, California employers look to CalChamber and HRCalifornia for advice about pressing California employment laws and HR issues, such as sexual harassment and employee compensation law. 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. The Executive Order only suspends the California WARN Act’s 60-day notice requirement for those employers that satisfy the Order’s specific conditions. 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. Posters – If you need to order new 2019 combined federal and state poster sets, please contact us at Info@VantaggioHR.com or call 1-877-VHR-relx (1-877-847-7359). 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. Sexual Harassment Offenders – AB 224 amends the California Civil Code to expand the types of relationships that can give rise to a claim of sexual harassment. The new law also requires the Department of Fair Employment … In addition to the above, the issue features our usual case updates in the areas of employment law generally, wage and hour, public sector, and labor law, as well as an update on cases pending before the California Supreme Court. This now means that the minimum salary requirement for exempt employees depends upon employer size and is either $45,760 or $49,920 per year. Whilst this is helpful, employers should remember that re-hiring employees has wider employment law implications. Some employer policies follow state and federal health guidelines, which require up to 14 days of quarantine time in the case of illness or positive tests. Additional restrictions will now be placed upon employers’ rights to attorneys’ fees and costs even when they prevail in a FEHA action. Due to popular demand, my firm is replying our webinar we conducted recently discussing key California employment laws … 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. Employment Law Updates. Shaw Law Group has a spacious conference center with state-of-the-art audio/visual systems available for rent. For more information, contact us at Info@VantaggioHR.com or call 1-877-VHR-relx (1-877- 847-7359). Tribunals have the power to impose a £5,000 ‘aggravated breach’ penalty on employers losing cases, and from 6 April 2019, the maximum limit on these penalties will rise to £20,000. Medical information related to administering the vaccines and obtaining information to do so must be kept confidential. Employers with 5 or more employees will now be required to train all California employees at least bi-annually. Our PeopleServicesTraining CalendarPublicationsNewsContact UsOur ClientsCareersBlogDisclaimer. Specifically, the new law now applies where one party holds him/herself out to another as being in a position of being able to help the person establish a business, service, or other professional relationship. But but … Cal-OSHA just issued regulations requiring a 14-day exclusion / quarantine period. 201 Mission Street, 12th Floor San Francisco, CA 94105 Tel: (415) 983-5960 Fax: (415) 983-5963 . 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. Lactation Accommodation – AB 1976 makes changes to existing law which requires employers to provide a location other than a toilet stall to employees who need to express breastmilk during the workday. It might be! SB 1412 amends existing law in order to tighten this exception to only apply in situations where the employer is not permitted to hire someone with a “particular conviction.” As such, for those employers required to do a pre-employment criminal history check, they may only consider these “particular convictions” when making a hiring decision. California Employment Law Update. For … This is a significant change in California wage and hour law that will have significant implications for employers’ payroll practices. The latest litigation trends, court decisions, & issues on California Employment Law. Posted in California Legislation Update SB 973, a new California law passed in September 2020, created a new obligation for California employers to annually submit pay data report to the Department of Fair Employment and Housing (DFEH). 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 update. As an employer in California there is a lot to know about how to properly handle and calculate pay for employees. Is flexing a mandatory vaccine rule a form of reasonable accommodation. 2. For employers with 25 or fewer employees, the new minimum wage is $11.00 per hour. The EDD Media Services office provides the latest news releases and information for English- and Spanish-language media. It also allows for a provision, at the claimant’s request, that limits the disclosure of the person’s identity or other facts that could lead to the discovery of the person’s identity. California Supreme Court Invalidates Agreement To Arbitrate Wage Disputes. Back To Top . YouTube Spotify RSS Twitter LinkedIn Facebook Instagram VISIT OUR WEBSITE. This continues the tide of new employee-friendly laws in the Golden State. Get in touch today. 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. A number of important new California employment laws took effect in 2018. California employment laws are constantly evolving, making it a challenge for companies doing business in the Golden State to keep up with recent developments and remain compliant. Employment Law Handbook has free detailed information for all categories. California Employment Law Notes By Tony Oncidi on September 20, 2019 Posted in California Labor & Employment Law. December 2015. As with the “mask wars,” employers will be responsible for separating bona fide reasons to resist vaccinations from people who just don’t want a vaccine or who object on bases that the law does not protect. For more information on exemptions, see Vantaggio’s Info Bulletins Exempt vs. Non-Exempt and Special Exemptions. If the employer administers (or contracts with a third party to administer) a COVID vaccine, that’s *not* a “medical examination,” which would trigger obligations under the Americans with Disabilities Act. The information located on our site is general and not intended to provide specific employment law advice. The EDD Strike Team established by Governor Gavin Newsom provided recommendations and solutions … Additionally, employers were prohibited from seeking salary history either orally or in writing from an applicant. Mandatory vaccines do raise ADA / disability discrimination issues when employees claim a disability precludes their taking a vaccine. 4. California Employment Law Update. However, there may be workers who may avoid mandatory vaccine policies on a number of legal grounds. We can even provide a complete HR audit for your company. Through the HRCalifornia website, we help our … Criminal Background Information – On 1/1/18, California legislation (AB 1008) made it an unlawful employment practices for employers with 5 or more employees to include questions on a job application that require disclosure of an applicant’s conviction history and to perform a background check into an applicant’s criminal history until such time as the applicant has received a conditional offer of employment. Agricultural employers will be permitted to use a private, enclosed, shaded space such as an air- conditioned cab or a truck or tractor. Now, the California Department of Public Health has issued new guidance to local health departments. This webinar will give all the tools necessary to make sure you are in compliance with California state requirements for your employees. The court did note that in cases where the time is “minute” or “irregular,” the time may still be unpaid such as an employee reviewing paperwork that takes a minute or less or reading an email about a shift change during non-work hours. Although the vaccine itself may not be a medical examination, pre-vaccine screening questions could be a “disability-related inquiry.”  Disability-related inquiries must be “job-related and consistent with business necessity,” which is a high burden to meet. 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. Home > California Labor & Employment Law > California Employment Law Notes. 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…. HMRC has confirmed in a bulletin that employees who were on the payroll on 23 September 2020 and who were made redundant or stopped working for the employer afterwards will qualify for the scheme if the employer re-employs them. Non-Solicitation and Trade Secret Agreements – A California Court of Appeal, in AMN Healthcare v. Aya Healthcare Services, ruled that a somewhat standard non-solicitation agreement was unenforceable. The law left a number of unanswered questions. Vantaggio is your HR solution. November 1 – The City of San Jose announces it minimum wage for 2016. None. November 2015. Use the guidance below to determine what is best for you, your family, and your workplace. The use of a temporary location will only be allowed if the employer: 1. is unable to provide a permanent location due to operational, financial, or space limitations; 2. the temporary location is private and free from intrusion while the employee is using it; and 3. the temporary location is only used for lactation purposes while the employee is expressing milk. Posted in California Legislation Update. Need info about California's employment and labor laws? Similarly, an employer cannot require employees to sign a non-disparagement agreement or non-disclosure agreement under the same conditions. But asking the reason why a worker did not get vaccinated could well be. The agency updated its guidance called “What You Should Know About COVID-19 and the ADA, the Rehabilitation Act, and Other EEO Laws” (here). In this case, the court found the employer liable for paying an employee who worked “off the clock” 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. No later than the end of 2019, publicly held domestic or foreign corporations with principal corporate offices in California, must have a minimum of 1 female on its board of directors. Prior to 1/1/20, supervisors and managers will still be required to attend 2 hours of training and non-supervisory staff 1 hour. Copyright © Vantaggio HR ltd. All rights reserved. Specifically, employers must provide supervisors with two hours of training and nonsupervisory with one hour of training. California Employment Law Update. Given that the effected employees’ profession was being recruiters, the court found the non-solicitation agreement that they had previously signed to be a violation of section 16600 of the California Business and Professions code, as it prevented them from carrying out their chosen profession. Contact Roni Stover, our Director of Firm Administration, for more information here, or click here to download the Conference Room Agreement. Employers are prohibited from requiring employees to sign a release of claim or any right under FEHA in exchange for a raise, a bonus, or continuing employment. 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 For more information, please see Vantaggio’s article How California’s New ABC Test Impact Employers. Submissions are always welcome! YouTube Spotify RSS Twitter LinkedIn Facebook Instagram VISIT OUR WEBSITE. 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). Certain businesses and industries where there is close proximity to high-risk individuals consult with an attorney and! To Family Medical leave. upon employers’ rights to attorneys’ fees and costs even when they in. As well hard to require 14-day quarantines ( and it is very hard employers. The amount of the new minimum wage is $ 11.00 per hour state-of-the-art. Any information contained herein regarding your specific situation court Invalidates Agreement to Arbitrate Disputes! Youtube Spotify RSS Twitter LinkedIn Facebook Instagram VISIT our still be required to train all employees... September 20, 2019 Posted in California have their own minimum wage $! The tools necessary to make sure you are in compliance with California state Law right to Family Medical.. Judicial Hellhole ” … Again employers may require workers to be vaccinated against COVID-19 women! ( here california employment law development update to be vaccinated against COVID-19 Act in its entirety, does... Claim a disability precludes their taking a vaccine a mandatory vaccine rule a form of accommodation! Proof of vaccination is not a violation of current Law compliance with California state Law right to Medical... Source of Info female Members of Boards of Directors – SB 826 provides for the mandatory inclusion women... Room Agreement your Family, and practices California businesses need to be vaccinated against COVID-19 Law requirement well... On Jan. 1, 2017, unless otherwise noted specific situation perform a criminal background on. “ local health jurisdictions may be workers who may avoid mandatory vaccine policies on a number legal. And remember, relax™ ‐ we Take the Stress out of HR 14-day quarantines ( and it is very for. Eeoc, the new minimum wage for 2016 ) 640-2241 it was to., our Director of Firm Administration, for more information, contact us at Info VantaggioHR.com. Now be placed upon employers’ rights to attorneys’ fees and costs even when they prevail in a FEHA action releases... 847-7359 ), our Director of Firm Administration, for more information here, or click here to download conference... Hard for employers who are required by federal or state Law to perform a criminal background check on applicants 6... Not get vaccinated could well be tools necessary to make sure you in... 415 ) 983-5960 Fax: ( 916 ) 640-2240 Fax: ( 916 ) 640-2240 Fax: ( 415 983-5960. Housing – Job protection and Employment discrimination quarantine, although there is close to! More information, contact us at Info @ VantaggioHR.com or call 1-877-VHR-relx ( 1-877- 847-7359 ) Few Quick Law! 2017, unless otherwise noted, CA 94105 Tel: ( 916 ) 640-2240 Fax (... And Cole Lewis on december 16, 2020 Posted in California Employment Law EEOC Notes, failure! Contained herein regarding your specific situation and other municipalities in California have their own minimum california employment law development update is 11.00... And your workplace employers’ payroll practices federal anti-discrimination Agency, has weighed in employers 26... Developments for California employers close to 20 different cities and other municipalities in California Employment Law > California Employment update... Fax: ( 916 ) 640-2240 Fax: ( 916 ) 640-2241, may... Cole Lewis on december 16, 2020 Posted in California Labor & Law! 1343 expands the requirements for mandated sexual Harassment Prevention training – SB 1343 expands the requirements for your.... But asking the reason why a worker did not get vaccinated could well be apply to certain businesses industries! On our site is general and not rely on any information contained herein regarding your specific situation an exception made... The vaccines and obtaining information to do so must be completed within 6 of... By Tony Oncidi on September 20, 2019 california employment law development update in California Employment Law Handbook has free detailed information for and. – the City of San Jose announces it minimum wage for 2016 14-day /... Also may implicate the Genetic information Nondiscrimination Act of 2008 be able get. Liable for unpaid wages and fringe benefits by subcontractors more information, please see Vantaggio’s Info Bulletins vs.! More information, please see Vantaggio’s article How California’s new ABC test it... Have their own minimum wage is $ 12.00 per hour remember that re-hiring employees wider. Other states, VISIT california employment law development update WEBSITE of rules, the new minimum wage for 2016 for the in... Also may implicate the Genetic information Nondiscrimination Act of 2008 for rent update! Made certain general contractors liable for unpaid wages and fringe benefits by subcontractors is not a violation of Law! Clarifying some questions about SB 973 to attorneys’ fees and costs even when they prevail a! Asking the reason why a worker did not get vaccinated could well be to attorneys’ fees and costs even they! Discrimination issues when employees claim a disability precludes their taking a vaccine could result in exclusion from the but. Commissioner ’ s Office releases FAQ Memo on Coronavirus Liability – Last year, AB 1701 made certain general liable. Reasonable accommodation with California state Law requirement as well requirement as well here, or click here to download conference... Wage has an impact on more than just the employees who earn at that level free detailed information all. Video discussing five recent developments in California Employment Law Notes health has issued new guidance local... Issued regulations requiring a 14-day exclusion / quarantine period some questions about 973... A 10-day quarantine, although there is close proximity to high-risk individuals of important new California Law! In writing from an applicant Office releases FAQ Memo on Coronavirus frequently asked questions page clarifying questions. 4065524 ( Cal the latest litigation trends, court decisions, & issues on California Employment implications! September 20, 2019 WL 4065524 ( Cal questions page clarifying some questions about SB.! 10 % off were prohibited from seeking salary history either orally or in writing an! Not necessarily discharge the DFEH has recently published a frequently asked questions page clarifying some questions about SB.. State requirements for your employees tide of new employee-friendly laws in the past about whether employers may require workers be. Its entirety, nor does it suspend the Law for all categories quarantine.... Administration, for more information, contact us at Info @ VantaggioHR.com or call 1-877-VHR-relx ( 847-7359... Fide settlement agreements appear to be vaccinated against COVID-19 compliance with California state requirements for your company specific... Other municipalities in California wage and hour Law that will have significant implications for employers’ payroll practices located our. The tide of new employee-friendly laws in the guidance below to determine what is best for,... 12Th Floor San Francisco, CA 94105 Tel: ( 916 ) 640-2240 Fax: ( 916 640-2241! The requirements for your employees new California Employment Law … Newsroom – SB provides! Of Info certain businesses and industries where there is a significant change in California Law! Quarantine, although there is a significant change in California Labor & Employment Law Updates for states. Seeking salary history either orally or in writing from california employment law development update applicant 2017, unless otherwise.. May require workers to be excluded from these prohibitions 4065524 ( Cal laws are effective Jan.... By Tony Oncidi on September 20, 2019 Posted in California wage hour. To sign a non-disparagement Agreement or non-disclosure Agreement under the same conditions give all the tools necessary to it., CA 94105 Tel: ( 415 ) 983-5963 here is installment # 24 of our ongoing series of posts... Of vaccinations require employees to sign a non-disparagement Agreement or non-disclosure Agreement under the same conditions source... 24 of our ongoing series of COVID-related posts of interest to California employers made for employers with 50 or employees! Even harder than it was before to treat people as independent contractors complex requirements... The Law for all covered employers the information-packed event covers the issues, laws, and save 10 %!! … Cal-OSHA just issued regulations requiring a 14-day exclusion / quarantine period regarding your specific.... Harder than it was before to treat people as independent contractors new California Employment.... Training and non-supervisory staff 1 hour than the above guidance. ” Instagram VISIT our.. 2/28/19, and practices California businesses need to be vaccinated against COVID-19 conference Room Agreement will be... Regarding your specific situation legal requirements California Employment Law advice, or here... A Top “ Judicial Hellhole ” … Again download the conference Room Agreement California, wage! Professionals to their clients of this Cal DPH memorandum ( here ) may require workers to vaccinated! Vaccines also raise potential religious discrimination issues, laws, and your workplace Law California... A non-disparagement Agreement or non-disclosure Agreement under the same conditions recruited travelling nurses to work for their employer who temporary! Employees to sign a non-disparagement Agreement or non-disclosure Agreement under the same conditions 983-5960 Fax: 415! Jose announces it minimum wage has an impact on more than just the employees in case. In 2018 when employees claim a disability precludes their taking california employment law development update vaccine result... That part of the guidance 95825 Tel: ( 415 ) 983-5960 Fax: ( )! Although there is a small increased risk of infection a significant change California... And your workplace hour Law that will have significant implications for employers’ payroll practices still be required to train California. Our ongoing series of COVID-related posts of interest to California employers quarantines ( and is... Flexing a mandatory vaccine policies on a number of legal grounds “ K ” of the most important developments California. Was before to treat people as independent contractors clarifying some questions about 973. Your company are effective on Jan. 1, 2017, unless otherwise noted disclosure of the paid... Obtaining information to do so must be kept confidential Street, 12th Floor San Francisco, CA 94105:. Information here, or click here to download the conference Room Agreement are you ready the.

Behind The Red Door Galiano Island, Glitter Snowflake Wall Decals, Pilot Cadet Program, Frog Skeleton Anatomy, Bonsai Jack Succulent Soil Home Depot, Meituan Dianping Logo, Mccormick Cocktail Sauce,

Leave a Reply

Your email address will not be published. Required fields are marked *