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. The EEOC, the federal anti-discrimination agency, has weighed in. 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. California Named a Top “Judicial Hellhole” … Again. OTO, LLC v. Kho, 2019 WL 4065524 (Cal. For employers with 26 or more employees, the new minimum wage is $12.00 per hour. 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. Join us for a mid-year update on employment and corporate issues. Labor Commissioner’s Office FAQs – Employee leave options, compensation, and salary. An exception was made for employers who are required by federal or state law to perform a criminal background check on applicants. Sexual Harassment Prevention Training – SB 1343 expands the requirements for mandated sexual harassment training for California employers. 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. 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. AMN Healthcare v. Aya Healthcare Services. EEOC Weighs in on Mandatory COVID Vaccines. 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. 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. However, bona fide settlement agreements appear to be excluded from these prohibitions. A Few Quick Employment Law Updates (Moderately California-Related) Join Our Mailing List. So, you may be able to get away with a 10-day quarantine, although there is a small increased risk of infection. Newsroom. 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. 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 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. 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. 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. 3. YouTube Spotify RSS Twitter LinkedIn Facebook Instagram VISIT OUR WEBSITE. Contractor Liability – Last year, AB 1701 made certain general contractors liable for unpaid wages and fringe benefits by subcontractors. It is very hard for employers to keep up with this ever changing set of rules. 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. California Employment Law Update. 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. 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. Scroll down to section “K” of the guidance for a discussion of vaccinations. Employment Law Handbook has free detailed information for all categories. The Executive Order does not suspend the California WARN Act in its entirety, nor does it suspend the law for all covered employers. You should consult with an attorney, and not rely on any information contained herein regarding your specific situation. Book your All Employee Sexual Harassment Prevention Training before 2/28/19, and save 10% off! However, there may be workers who may avoid mandatory vaccine policies on a number of legal grounds. 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. 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). Medical information related to administering the vaccines and obtaining information to do so must be kept confidential. View this complimentary video discussing five recent developments in California employment law … California Employment Law Update. Click to read more. Memorandum (here). For … “Local health jurisdictions may be more restrictive than the above guidance.”. 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. In the face of the COVID-19, the Labor & Workforce Development Agency (LWDA) wants to keep workers, employers, co-workers, and families safe. 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 new ABC test makes it even harder than it was before to treat people as independent contractors. The EDD Media Services office provides the latest news releases and information for English- and Spanish-language media. Whilst this is helpful, employers should remember that re-hiring employees has wider employment law implications. 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 But but … Cal-OSHA just issued regulations requiring a 14-day exclusion / quarantine period. By Anthony Zaller on October 9, 2020. As an employer in California there is a lot to know about how to properly handle and calculate pay for employees. 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. The law left a number of unanswered questions. Submissions are always welcome! Back To Top . For more information, please see Vantaggio’s article How California’s New ABC Test Impact Employers. 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). Contact Roni Stover, our Director of Firm Administration, for more information here, or click here to download the Conference Room Agreement. 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. 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. Employers with 5 or more employees will now be required to train all California employees at least bi-annually. 201 Mission Street, 12th Floor San Francisco, CA 94105 Tel: (415) 983-5960 Fax: (415) 983-5963 . The employees in this case were recruiters who recruited travelling nurses to work for their employer who provides temporary healthcare professionals to their clients. Employers should consider whether there are alternatives and consult with counsel before discharging workers who have bona fide disability or religious bases to decline vaccinations. 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. 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. For employers with 25 or fewer employees, the new minimum wage is $11.00 per hour. California Department of Public Health Relaxes Quarantine Standards. Employment Resources . California Supreme Court Invalidates Agreement To Arbitrate Wage Disputes. California Employment Law Overview. For more information, contact us at Info@VantaggioHR.com or call 1-877-VHR-relx (1-877- 847-7359). It can be difficult for employers both large and small to navigate California's complex legal requirements. Basically, this memo is saying that it’s really hard to require 14-day quarantines (and it is). Requiring proof of vaccination is not an ADA issue. On November 1, 2015, the City of San Jose announced that its … This Google™ translation feature, provided on the Employment Development Department (EDD) website, is for informational purposes only. Home > Coronavirus > California Labor Commissioner’s Office Releases FAQ Memo on Coronavirus. The latest litigation trends, court decisions, & issues on California Employment Law. Introduction to Employment Law in California. Also keep in mind that close to 20 different cities and other municipalities in California have their own minimum wage ordinances. 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 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. 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. Home > California Labor & Employment Law > California Employment Law Notes. Similarly, an employer cannot require employees to sign a non-disparagement agreement or non-disclosure agreement under the same conditions. These new laws will impact California employers from the pre-hiring stage … 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. In his first legislative season, California Governor Jerry Brown has signed into law 22 employment-related bills. 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. The EDD Strike Team established by Governor Gavin Newsom provided recommendations and solutions … 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. 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 … S. Ct. 2019) In the most recent … 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. 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. 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. 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. But asking the reason why a worker did not get vaccinated could well be. For more information on exemptions, see Vantaggio’s Info Bulletins Exempt vs. Non-Exempt and Special Exemptions. By Tony Oncidi and Cole Lewis on December 16, 2020 Posted in California Labor & Employment Law. Vantaggio is your HR solution. Are you ready for the increase in minimum wage? California Employment Law 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 media inquiries, contact us at 916-654-9029 or by email.. To request information through the Public Records Act, visit Public Records Request.. 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. YouTube Spotify RSS Twitter LinkedIn Facebook Instagram VISIT OUR WEBSITE. 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. And remember, relax™ ‐ We Take the Stress out of HR! Female Members of Boards of Directors – SB 826 provides for the mandatory inclusion of women on corporate boards of directors. Mandatory vaccines do raise ADA / disability discrimination issues when employees claim a disability precludes their taking a vaccine. 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. It still allows for a provision that precludes disclosure of the amount of the settlement paid. 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. Now, the California Department of Public Health has issued new guidance to local health departments. All of the new laws are effective on Jan. 1, 2017, unless otherwise noted. The Executive Order only suspends the California WARN Act’s 60-day notice requirement for those employers that satisfy the Order’s specific conditions. 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. That would be a state law requirement as well. Our PeopleServicesTraining CalendarPublicationsNewsContact UsOur ClientsCareersBlogDisclaimer. The latest litigation trends, court decisions, & issues on California Employment Law. Is flexing a mandatory vaccine rule a form of reasonable accommodation. 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. Need info about California's employment and labor laws? 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. Taking a vaccine sign a non-disparagement Agreement or non-disclosure Agreement under the same conditions although there is significant... California wage and hour Law that will have significant implications for employers’ payroll practices could! 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