the presumption may include, but is not limited to, evidence of measures in place to reduce potential transmission of COVID-19 in the employee’s place of employment and evidence of an employee’s nonoccupational risks of COVID-19 infection. The statute also places a burden on employers to notify their claims administrator within 3 days of being made aware of an employee positive test. The claims administrator is then charged with determining if an “outbreak” has occurred. SB 1159 remains in effect until January 1, 2023. SB 973: Pay Data Reporting SB 973 requires qualified private employers to report detailed pay-related data (e.g., hours worked data according to job category and by sex, race and ethnicity) on an annual basis to the Department of Fair Employment and Housing (DFEH) beginning March 31, 2021. California’s self-assessment system mirrors that of the Equal Employment Opportunity Commission’s Employer Information Report (EEO-1). On or before the deadline, and annually thereafter, employers with 100 or more employees, who are also required to file an annual EEO-1, and has at least one California employee, must submit a pay data report to the DFEH. The pay data report covers a “Reporting Year” (i.e., the prior calendar year). In addition, employers are required to choose a single pay period between October 1 and December 31 of the Reporting Year which will act as the “Snapshot Period.” The Snapshot period is to be used by the employer to then identify employees who are to be reported on in the pay data report submitted to the DFEH. DFEH guidance is still incomplete and with the March 2021 deadline fast approaching, employers should frequently check the DFEH website for current information and changes https://www.dfeh.ca.gov/paydatareporting/. AB 979: Corporate Board of Directors; Underrepresented Communities Publicly held corporations headquartered in California are required to diversify their board of directors on or before December 31, 2021, by appointing directors from “underrepresented communities.” A “director from an underrepresented community” is defined as an individual who self-identifies as: Black, African American, Hispanic, Latino, Asian, Pacific Islander, Native American, Native Hawaiian, or Alaska Native, or who self-identifies as gay, lesbian, bisexual, or transgender.” Diversity is achieved if at least one director from an underrepresented community is appointed to the company’s
board of directors by the deadline. Depending on board size, additional appointments may be required in subsequent years. Penalties for noncompliance are steep: $100,000 for the first violation; $300,000 thereafter. AB 2479: Rest Periods for Petroleum Facilities Employees in Safety-sensitive Positions AB 2479 extends current exemptions from rest period requirements through January 1, 2026, for those employees who occupy safety- sensitive positions at petroleum facilities and are required to respond to emergency situations. Employees experiencing interrupted rest breaks must be provided a subsequent rest period within a reasonable time period. If the employer cannot provide the subsequent rest period it must pay the employee a rest period premium (e.g., one hour of pay at the employee’s regular rate of pay for the missed rest period). The total amount of premium pay must be included on the employee’s wage statement for the pay period in which the rest period was missed. AB 3075: Successor Liability Wage Enforcement AB 3075 creates successor liability for unpaid judgment debts of prior owners. This means that business owners will have successor liability for any unpaid wage and hour judgment debts where the newly acquired business: “[U]ses substantially the same facilities or substantially the same workforce to offer substantially the same services as the judgment debtor” (i.e., prior business owner(s)); “Employs as a managing agent any person who directly controlled the wages, hours, or working conditions of the affected workforce of the judgment debtor;” or operates “in the same industry [and employs] an owner, partner, officer, or director who is an immediate family member of any owner, partner, officer, or director of the judgment debtor.” AB 3075 will require business entities who file Statement of Information documents with the CA Secretary of State, to attest that no directors, managers or members “has an outstanding final judgment issued by the California Division of Labor Standards Enforcement or a court of law…for the violation of any wage order or provision of the Labor Code.” AB 2399: Paid Family Leave and Qualifying Exigency In a continuing effort to provide members of our Armed Forces and their families with
adequate leave to participate in qualifying exigencies relating to active duty or a call to active duty, California has enacted AB 2399. Paid Family Leave through the Employment Development Department (EDD) provides wage replacement benefits to employees who take time off to care for seriously ill family members or to bond with a new child within the first year of birth or placement. AB 2399 expands this existing benefit to include time off for members of our Armed Forces and their family members who are impacted by exigencies relating to active duty or a call to active duty. The statute also clarifies the definition of “military member” to mean, a child, spouse, domestic partner, or parent of the employee, where the military member is on covered active duty or call to active duty in the Armed Forces of the United States. AB 1731: Unemployment Work Sharing Plans AB 1731 streamlines existing work sharing program participation through California’s Employment Development Department (EDD). A work sharing plan means a plan submitted by an employer for approval by the EDD, under which an employer requests the payment of work sharing compensation for its employees as a means of avoiding potential layoffs. A work share program can apply to an employer’s business overall and/or more specifically to individual departments or specific shifts. AB 1731 requires EDD to create and implement, alternate submission processes and approvals for plan applications; online submission for applications to participate or renew participation; automatic approval (unless an exception applies) for one year of participation; and online claim forms. To facilitate faster approval and response times, AB 1731 places the burden of assuring the completeness and integrity of all work sharing certification forms on the employer. If your business is considering workforce layoffs you might want to visit the Work Sharing Program website found at https://www.edd. ca.gov/unemployment/Work_Sharing_Program. htm before making any final decisions. SB 1383: California Family Rights Act SB 1383 makes significant changes to the California Family Rights Act (CFRA) by expanding the Act to require employers with five or more employees to provide eligible employees to take up to 12 work weeks of job- protected leave over a 12-month period. Other changes to the CFRA include expansions
26
JANUARY | FEBRUARY 2 021
Western Grower & Shipper | www.wga.com
Made with FlippingBook Publishing Software