California: Additional List of Recently Enacted, New Laws

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AB 979 | January 1, 2021 – Publicly traded companies whose principal executive offices are located in California must have at least one director from an “underrepresented community” on their corporate board by the end of 2021, which number increases by the end of 2022 depending on board size. Note that there is already litigation pending on the legality of this bill.

AB 1281 | January 1, 2021 – The extends California Consumer Protection Act (CCPA) exemption for employee, job applicant, and independent contractor data for one year (i.e., until January 1, 2022).

AB 1512 | September 30, 2020 – Registered private security officers employed by registered private patrol operators, covered by a collective bargaining agreement that states they be paid at least $1 more per hour than the state minimum wage, can be required to remain on the premises during rest periods and to remain on call, and carry and monitor a communication device, during rest periods. The employee must be permitted to restart their rest period as soon as practicable if their rest period is interrupted.

AB 1731 | September 28, 2020 – Expands and updates California’s workshare program. Going forward, applications must be submitted online. Applications submitted between September 15, 2020 and September 1, 2023 are approved for one year unless a shorter period is requested. The Employment Development Department (EDD) must either mail to employers or make online claim forms available to participating employers for each of their participating employee within five business days following approval of their application.

AB 1867 | September 9, 2020 – In addition to supplemental paid sick leave, this bill creates additional rules:

  • As a pilot mediation program, employers with 5 to 19 employees or their employees, within 30 days of receipt of/obtaining a right-to-sue notice alleging a violation of the California Family Rights Act (CFRA), may request all parties to participate in the Department of Employment and Fair Housing’s (DFEH) dispute resolution division.
  • Food employees working in a food facility must be permitted to wash their hands every 30 minutes and additionally as needed.

AB 1947 | January 1, 2021 – Expands the time to file claims with the Labor Commissioner from six months to one year. Employers in violation of whistleblowing protections may now be liable for a successful plaintiff’s attorneys’ fees.

AB 1963 | January 1, 2021 – Mandated reporters will now include a human resources employee of a business that employs minors, and supervisors of minors in the workplace. Employers of these employees must provide them with training in child abuse and neglect identification and reporting. The training requirement may be met by completing the general online training for mandated reporters offered by the Office of Child Abuse Prevention in the State Department of Social Services.

AB 2017 | January 1, 2021 – It is the employee’s choice to use paid sick leave time for kin care leave purposes (i.e., diagnosis, care, or treatment of an existing health condition of, or preventive care for, an employee’s family member; or for qualifying reasons for an employee who is a victim of domestic violence, sexual assault, or stalking).

AB 2143 | January 1, 2021 – Amends last year’s AB 749 restrictions on no-rehire agreements to clarify that employers can use a no-hire agreement if the employer has made and documented  a good faith determination that the aggrieved  person engaged in sexual harassment, sexual assault, or any criminal conduct, but the determination must be made before the employee files a claim against the employer.

AB 2992 | January 1, 2021 – Expands Domestic Violence, Sexual Assault, and Stalking Victim Leave to also include leave for a victim due to any crime causing physical or mental injury with a threat of physical injury, and a person whose immediate family member is deceased as the direct result of a crime. Additionally, employers cannot discriminate or retaliate against an employee for taking time off to appear in court to comply with a subpoena or other court order as a witness in any judicial proceeding where they are a victim of any crime.

AB 3075 | January 1, 2021 – Corporations registering with the state must provide a statement indicating whether any officer or director has an outstanding final judgment issued by the Division of Labor Standards Enforcement or a court of law for any wage order or Labor Code violation.

SB 973 | January 1, 2021 – Employers with 100+ employees, who are also required to submit EEO-1 reports, must submit a “pay data report” to the Department of Fair Employment and Housing (DFEH) by March 31, 2021, and every year thereafter. The report must contain the following information: the number of employees by race, ethnicity, and sex in each of 10 different job categories; and the number of employees by race, ethnicity, and sex, whose annual W-2 earnings fall within certain pay bands.

SB 1384 | January 1, 2021 – Labor Commissioner can represent claimants in arbitration who cannot otherwise afford counsel.

Action Items

  1. Have employer policies updated.
  2. Have supervisors and other applicable personnel trained on new procedures.
  3. Prepare for reporting requirements in 2021.
  4. Have corporate information or processes updated, as applicable.
  5. Subscribers can call our HR On-Call Hotline at (888) 378-2456 for further assistance.

Disclaimer: This document is designed to provide general information and guidance concerning employment-related issues. It is presented with the understanding that ManagEase is not engaged in rendering any legal opinions. If a legal opinion is needed, please contact the services of your own legal adviser.

© 2020 ManagEase

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