New California Employment Laws for 2021 By Teresa McQueen, Western Growers Corporate Counsel Even with an unprecedented legislative session that saw a two-month pause in activity and hundreds of bills set aside, Gov. Gavin Newsom managed to end this year’s bill-signing session with several significant new employment related laws which will impact California employers for years to come.
AB 1947: Extended Time For Filing of Employment Violation Complaints AB 1947 extends the existing complaint period for an aggrieved employee’s filing an alleged complaint of discrimination or retaliation with the California Division of Labor Standards Enforcement (“DLSE” or “Labor Commissioner”) from 6 months to 1 year. The existing 3-year DLSE enforcement period remains unchanged. The 1-year statute of limitations is applicable to claims for discrimination or retaliation against an employer as to any law enforced by the DLSE. AB 1947 also amends Cal. Labor Code section 1102.5 to allow an award of reasonable attorney’s fees to employees who brings a successful action for DLSE violations. AB 2017: Employee Sick Leave (Kin Care) AB 2017 amends existing California Labor Code section 233 (the “Kin Care” law) to make clear that the designation of sick leave taken under the statute is at the sole discretion of the employee . This clarification establishes the employee’s right to designate leave time provided under Labor Code section 233 as leave for kin- care, the employee’s own health condition, or for obtaining relief if they are a victim of sexual assault, stalking or domestic violence. AB 2043: Cal/OSHA: COVID-19 Awareness AB 2043 places new requirements on Cal-OSHA to provide agriculture employers with information on best practices for COVID-19 infection prevention. These best practices must be consistent with existing guidance documents currently available on the Cal-OSHA website. Mandated information is to include COVID-19 awareness and prevention measures aimed at and easily understood by agricultural employees from a variety of ethnic and cultural backgrounds. All materials must be provided in both English and Spanish. Employer duties under AB 2043 will expire when the COVID-19-related state of emergency is terminated by the Governor or the California Legislature. AB 2257: Worker Classification In yet another modification to California’s independent contractor (IC) laws, AB 2257 revises, expands, and attempts to clarify the state’s much maligned ABC Test for independent contractors. January 1, 2020, saw the passing of AB 5, making the Dynamex ABC Test the test for determining IC status. The ABC test presumes a person providing labor or services for
This year’s update includes several COVID-19-related laws, an update to the California Family Rights Act, and refinement of California’s existing worker classification laws. Prompt action will need to be taken to assure compliance with updated paid sick leave provisions and any revisions to existing employment policies and procedures. Below is a summary of many of the laws affecting employers in the state. All are effective January 1, 2021, unless otherwise noted. AB 685 – Imminent Hazard to Employees AB 685 requires employers to provide written notification to all impacted employees within one business day of receiving notice of potential exposure to COVID-19. If the number of potential exposures reported to the employer qualify as an “outbreak,” as defined by the California Department of Public Health, employers are required to provide notice of the outbreak to their local health department. AB 685 expands existing Cal-OSHA enforcement authority regarding COVID-19 exposure in the workplace by granting enhanced enforcement abilities including the authority to prohibit operations, processes, and prevent entry into worksites that present a risk of infection to COVID-19 so severe as to represent an imminent hazard. AB 1867: Small Employer Supplemental Paid Sick Leave AB 1867 was enacted to fill a perceived gap created by the application of Emergency Paid Sick Leave, provided for under the Families First Coronavirus Relief Act (FFCRA), for employers with 500 or fewer employees. Consequently, AB 1867 applies to private sector employers with 500 or more employees nationwide. AB 1867 took effect upon signing and requires covered employers to begin immediately providing COVID- 19 related supplemental paid sick leave (SPSL) to all employees. The statute combines three separate laws into one legislative bill covering SPSL, mandated handwashing requirements for food service workers, and a pilot mediation program applicable to small employers. The law also contains important notice and posting requirements. Covered employers are required to provide SPSL to all employees according to the pay schedule outlined in the statute which includes maximum and aggregate limits.
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JANUARY | FEBRUARY 2 021
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