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. 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). Specifically, employers must provide supervisors with two hours of training and nonsupervisory with one hour of training. As a reminder, in California, minimum wage has an impact on more than just the employees who earn at that level. For more information, contact us at Info@VantaggioHR.com or call 1-877-VHR-relx (1-877- 847-7359). For more information, please see Vantaggio’s article How California’s New ABC Test Impact Employers. 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. Mandatory vaccines do raise ADA / disability discrimination issues when employees claim a disability precludes their taking a vaccine. 2. Click to read more. 12.05.17 Share. Labor and Workforce Development Agency – Resources for employers and workers including workers’ compensation and paid sick leave. OTO, LLC v. Kho, 2019 WL 4065524 (Cal. Subscribe to update. 201 Mission Street, 12th Floor San Francisco, CA 94105 Tel: (415) 983-5960 Fax: (415) 983-5963 . The information located on our site is general and not intended to provide specific employment law advice. Is flexing a mandatory vaccine rule a form of reasonable accommodation. Asking certain questions also may implicate the Genetic Information Nondiscrimination Act of 2008. 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. 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. As such, individuals such as doctors, therapists, attorneys, real estate agents, landlords, teachers, elected officials, lobbyists, directors, and producers (amongst others) may now be found liable for sexual harassment. Consistent with our reporting from the past few years, California is once again listed among the American Tort Reform Foundation’s (ATRF) “Top Judicial Hellholes” in the United States. 425 University Avenue, Suite 200 Sacramento, CA 95825 Tel: (916) 640-2240 Fax: (916) 640-2241. As the EEOC notes, a failure to obtain a vaccine could result in exclusion from the workplace but not necessarily discharge. For media inquiries, contact us at 916-654-9029 or by email.. To request information through the Public Records Act, visit Public Records Request.. The California Labor Commissioner’s Office has issued an important new FAQ Memo for accommodating … 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. 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. 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. Female Members of Boards of Directors – SB 826 provides for the mandatory inclusion of women on corporate boards of directors. 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). 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. It can be difficult for employers both large and small to navigate California's complex legal requirements. 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. 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. Basically, this memo is saying that it’s really hard to require 14-day quarantines (and it is). We are trying to make it easier and spread awareness through this centralized source of info. The latest litigation trends, court decisions, & issues on California Employment Law. The court also ruled that given the specifics of this case, the original employer’s list of the prospective travelling nurses was not a bona-fide trade secret. 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. A Few Quick Employment Law Updates (Moderately California-Related) Join Our Mailing List. 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. Book your All Employee Sexual Harassment Prevention Training before 2/28/19, and save 10% off! 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 employers with 25 or fewer employees, the new minimum wage is $11.00 per hour. 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. 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 . Submissions are always welcome! 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. A number of important new California employment laws took effect in 2018. Select California employment requirements are summarized below to help an employer understand the range of employment laws … Back To Top . These new laws will impact California employers from the pre-hiring stage … IRS Mileage – The IRS updated the standard mileage rate for 2019 for use of an employee’s automobile – it’s now 58.00 cents per mile (up from 54.5 cents). And remember, relax™ ‐ We Take the Stress out of HR! Medical information related to administering the vaccines and obtaining information to do so must be kept confidential. 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. 3. 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. So, you may be able to get away with a 10-day quarantine, although there is a small increased risk of infection. Employment Resources . 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. Use the guidance below to determine what is best for you, your family, and your workplace. Similarly, an employer cannot require employees to sign a non-disparagement agreement or non-disclosure agreement under the same conditions. Posted in California Legislation Update. Introduction to Employment Law in California. This is a significant change in California wage and hour law that will have significant implications for employers’ payroll practices. Shaw Law Group has a spacious conference center with state-of-the-art audio/visual systems available for rent. We can even provide a complete HR audit for your company. November 1 – The City of San Jose announces it minimum wage for 2016. 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. For employers with 25 or fewer employees, the new minimum wage is $11.00 per hour. (This is over and above any California state law right to Family Medical Leave.) December; Novmeber; October; September; August; For employment law updates for other states, visit our. Need info about California's employment and labor laws? California Employment Law Notes By Tony Oncidi on September 20, 2019 Posted in California Labor & Employment Law. 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. 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. AMN Healthcare v. Aya Healthcare Services. 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. An exception was made for employers who are required by federal or state law to perform a criminal background check on applicants. Newsroom. Previously, only employers with 50 or more employees were required to provide the training. The DFEH has recently published a frequently asked questions page clarifying some questions about SB 973. Workplace & Employment Law Update (WELU) For over 70 years, California companies have relied on Employers Group’s annual one-day Workplace & Employment Law Update (WELU). Home > California Labor & Employment Law > California Employment Law Notes. California Employment Law Report. 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 latest litigation trends, court decisions, & issues on California Employment Law. Contact Roni Stover, our Director of Firm Administration, for more information here, or click here to download the Conference Room Agreement. Now, the California Department of Public Health has issued new guidance to local health departments. 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. 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. While the required curriculum has not changed, SB 1300 introduces the concept of “bystander intervention training” and encourages employers to address the tendency for people to remain silent and refrain from providing assistance or coming forward when they witness harassment of others. But but … Cal-OSHA just issued regulations requiring a 14-day exclusion / quarantine period. 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. 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. 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. Fair Employment and Housing Act (FEHA) Amendments – SB 1300 amends the CA FEHA in a number of ways that will have a significant impact on how sexual harassment claims are litigated. California Named a Top “Judicial Hellhole” … Again. 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. All of the new laws are effective on Jan. 1, 2017, unless otherwise noted. The new ABC test makes it even harder than it was before to treat people as independent contractors. 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. Here is installment #24 of our ongoing series of COVID-related posts of interest to California employers. Additionally, employers were prohibited from seeking salary history either orally or in writing from an applicant. main page. Employment Law Updates. YouTube Spotify RSS Twitter LinkedIn Facebook Instagram VISIT OUR WEBSITE. 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. Due to popular demand, my firm is replying our webinar we conducted recently discussing key California employment laws … De Minimum Timekeeping – In another significant ruling last year, the California Supreme Court, in Troester v. Starbucks, rejected the long-standing “de minimus” timekeeping rule. 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. YouTube Spotify RSS Twitter LinkedIn Facebook Instagram VISIT OUR WEBSITE. This webinar will give all the tools necessary to make sure you are in compliance with California state requirements for your employees. Prior to 1/1/20, supervisors and managers will still be required to attend 2 hours of training and non-supervisory staff 1 hour. 2021 Employment Law Update. Many consider California the state with the most proscriptive variances from federal law, including broader antidiscrimination protections, a higher minimum wage, paid family leave insurance and paid sick leave. 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 California Employment Law Update. 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 … 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 information-packed event covers the issues, laws, and practices California businesses need to be aware of for the upcoming year. California Employment Law Overview. Requiring proof of vaccination is not an ADA issue. So, that means an employer has to establish “undue hardship” or “direct threat.” An employer may enforce a general requirement even if an employee has a disability that would preclude taking the vaccine if the employer can establish the “direct threat” defense to reasonable accommodation. In order to be exempt from overtime, an employee must have job responsibilities that meet certain legal requirements and must generally be paid a salary that is at least twice minimum wage for the equivalent of full time work. 4. Employers with 5 or more employees will now be required to train all California employees at least bi-annually. California Employment Law Update. But asking the reason why a worker did not get vaccinated could well be. In the face of the COVID-19, the Labor & Workforce Development Agency (LWDA) wants to keep workers, employers, co-workers, and families safe. We covered that here. 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. 2015. 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. On November 1, 2015, the City of San Jose announced that its … Contractor Liability – Last year, AB 1701 made certain general contractors liable for unpaid wages and fringe benefits by subcontractors. 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. Copyright © Vantaggio HR ltd. All rights reserved. Copy of Payroll Records – Existing law allows current and former employees the right to inspect and copy information in their personnel files within 21 days of a request. Our PeopleServicesTraining CalendarPublicationsNewsContact UsOur ClientsCareersBlogDisclaimer. 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. 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. 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. 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. 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). What employees are entitled to may be confusing. 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. Home > Coronavirus > California Labor Commissioner’s Office Releases FAQ Memo on Coronavirus. The agency updated its guidance called “What You Should Know About COVID-19 and the ADA, the Rehabilitation Act, and Other EEO Laws” (here). Among the key takeaways: So, employers in industries involving high degrees of contact with the public, or other risky factors certainly may consider mandatory vaccine policies. 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. Vantaggio is your HR solution. For employers with 26 or more employees, the new minimum wage is $12.00 per hour. This Google™ translation feature, provided on the Employment Development Department (EDD) website, is for informational purposes only. The Executive Order does not suspend the California WARN Act in its entirety, nor does it suspend the law for all covered employers. It is very hard for employers to keep up with this ever changing set of rules. The government’s ‘Good work plan’, published in December 2018, made a commitment to increase the penalties for employers that repeatedly breach their employment law obligations. Shaw Law Group, PC. The law left a number of unanswered questions. The EDD Media Services office provides the latest news releases and information for English- and Spanish-language media. 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 AB 1565 amended existing law and for contracts entered into after 1/1/19, a direct contractor would be required to include a specific provision in their contracts that lists the documents that the subcontractor would have to produce before disputed payments could be withheld such as payroll and timekeeping records. For more information on exemptions, see Vantaggio’s Info Bulletins Exempt vs. Non-Exempt and Special Exemptions. By Anthony Zaller on June 12, 2014. Additional restrictions will now be placed upon employers’ rights to attorneys’ fees and costs even when they prevail in a FEHA action. Join us for a mid-year update on employment and corporate issues. Settlement of Sexual Harassment Claims – SB 820 prohibits a settlement agreement entered into on or after 1/1/19 from containing language that would prevent the disclosure of factual information related to sexual harassment, sexual assault, or sex discrimination. However, there may be workers who may avoid mandatory vaccine policies on a number of legal grounds. By Anthony Zaller on October 9, 2020. EEOC Weighs in on Mandatory COVID Vaccines. 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. This is our year-end assessment of the most important developments for California employers. 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. Through the HRCalifornia website, we help our … Sort of. 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. 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