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. Here is installment #24 of our ongoing series of COVID-related posts of interest to California employers. 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. We’ve posted a couple of times in the past about whether employers may require workers to be vaccinated against COVID-19. Introduction to Employment Law in California. This is our year-end assessment of the most important developments for California employers. The employees in this case were recruiters who recruited travelling nurses to work for their employer who provides temporary healthcare professionals to their clients. 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. The training must be completed within 6 months of hire and every 2 years thereafter. Prior to 1/1/20, supervisors and managers will still be required to attend 2 hours of training and non-supervisory staff 1 hour. Vantaggio is your HR solution. Asking certain questions also may implicate the Genetic Information Nondiscrimination Act of 2008. 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. Scroll down to section “K” of the guidance for a discussion of vaccinations. “Local health jurisdictions may be more restrictive than the above guidance.”. The Executive Order only suspends the California WARN Act’s 60-day notice requirement for those employers that satisfy the Order’s specific conditions. The Executive Order does not suspend the California WARN Act in its entirety, nor does it suspend the law for all covered employers. 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. 12.05.17 Share. The EDD Media Services office provides the latest news releases and information for English- and Spanish-language media. Specifically, employers must provide supervisors with two hours of training and nonsupervisory with one hour of training. California Supreme Court Invalidates Agreement To Arbitrate Wage Disputes. We covered that here. 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. The new ABC test makes it even harder than it was before to treat people as independent contractors. Similarly, an employer cannot require employees to sign a non-disparagement agreement or non-disclosure agreement under the same conditions. Sexual Harassment Disclosures – AB 3109 makes any provision in a contract or settlement agreement void and unenforceable if it waives a person’s right to testify in an administrative, legislative, or judicial proceeding concerning criminal conduct or sexual harassment. In his first legislative season, California Governor Jerry Brown has signed into law 22 employment-related bills. The latest litigation trends, court decisions, & issues on California Employment Law. For employers with 26 or more employees, the new minimum wage is $12.00 per hour. As an employer in California there is a lot to know about how to properly handle and calculate pay for employees. Employment Law Handbook has free detailed information for all categories. 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. For more information, contact us at Info@VantaggioHR.com or call 1-877-VHR-relx (1-877- 847-7359). 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. The new law now requires that the location be something other than a bathroom, should be close to the employee’s work area, and should generally be a permanent location only used for such purposes. 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. This continues the tide of new employee-friendly laws in the Golden State. 1. The EDD Strike Team established by Governor Gavin Newsom provided recommendations and solutions … 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. All of the new laws are effective on Jan. 1, 2017, unless otherwise noted. 425 University Avenue, Suite 200 Sacramento, CA 95825 Tel: (916) 640-2240 Fax: (916) 640-2241. It is very hard for employers to keep up with this ever changing set of rules. 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. 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. 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 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. Seasonal, temporary, or any other worker hired to work for less than 6 months must be trained within 30 calendar days of beginning work or within 100 hours worked, whichever occurs first. 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. Previously, only employers with 50 or more employees were required to provide the training. 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. California Department of Public Health Relaxes Quarantine Standards. Are you ready for the increase in minimum wage? By Tony Oncidi and Cole Lewis on December 16, 2020 Posted in California Labor & Employment Law. 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. The information-packed event covers the issues, laws, and practices California businesses need to be aware of for the upcoming year. California Employment Law Update. 201 Mission Street, 12th Floor San Francisco, CA 94105 Tel: (415) 983-5960 Fax: (415) 983-5963 . This webinar will give all the tools necessary to make sure you are in compliance with California state requirements for your employees. Shaw Law Group has a spacious conference center with state-of-the-art audio/visual systems available for rent. Posters – If you need to order new 2019 combined federal and state poster sets, please contact us at Info@VantaggioHR.com or call 1-877-VHR-relx (1-877-847-7359). 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. California Employment Law Notes By Tony Oncidi on September 20, 2019 Posted in California Labor & Employment Law. 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. YouTube Spotify RSS Twitter LinkedIn Facebook Instagram VISIT OUR WEBSITE. 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. 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. 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. 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 Additional restrictions will now be placed upon employers’ rights to attorneys’ fees and costs even when they prevail in a FEHA action. California Named a Top “Judicial Hellhole” … Again. What no one wants is for an employer to reduce quarantine time from 14 to 10 days, and then have a worker return early and cause an outbreak…. The DFEH has recently published a frequently asked questions page clarifying some questions about SB 973. 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. 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. Criminal Background Information – On 1/1/18, California legislation (AB 1008) made it an unlawful employment practices for employers with 5 or more employees to include questions on a job application that require disclosure of an applicant’s conviction history and to perform a background check into an applicant’s criminal history until such time as the applicant has received a conditional offer of employment. On November 1, 2015, the City of San Jose announced that its … For more information, please see Vantaggio’s article How California’s New ABC Test Impact Employers. 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. Our PeopleServicesTraining CalendarPublicationsNewsContact UsOur ClientsCareersBlogDisclaimer. 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. And remember, relax™ ‐ We Take the Stress out of HR! 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. However, there may be workers who may avoid mandatory vaccine policies on a number of legal grounds. In the face of the COVID-19, the Labor & Workforce Development Agency (LWDA) wants to keep workers, employers, co-workers, and families safe. Memorandum (here). California Employment Law Update: What’s New for 2018 By Betsy Carroll. 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. Select California employment requirements are summarized below to help an employer understand the range of employment laws … 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. Medical information related to administering the vaccines and obtaining information to do so must be kept confidential. The new law also requires the Department of Fair Employment … Back To Top . Posted in California Legislation Update. 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. YouTube Spotify RSS Twitter LinkedIn Facebook Instagram VISIT OUR WEBSITE. 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. The EEOC, the federal anti-discrimination agency, has weighed in. Home > California Labor & Employment Law > California Employment Law Notes. Even the new guidance does not apply to certain businesses and industries where there is close proximity to high-risk individuals. California Employment Law Update. Join us for a mid-year update on employment and corporate issues. 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, employers were prohibited from seeking salary history either orally or in writing from an applicant. Effective 1/1/21, employees who take time off as a result of a qualifying exigency related to the covered active duty in the U.S. armed forces of a spouse, domestic partner, child, or parent will become eligible for paid family leave benefits. So, you may be able to get away with a 10-day quarantine, although there is a small increased risk of infection. 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. That would be a state law requirement as well. Below we highlight the major provisions of the new law (Labor Code 248.1, or “LC 248.1”) as well as nuances employers should keep in mind as they put their program into place. For employers with 25 or fewer employees, the new minimum wage is $11.00 per hour. 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. It still allows for a provision that precludes disclosure of the amount of the settlement paid. 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 Historically, federal courts have found it appropriate for employers to not pay wages for small amounts of time that are difficult to record – up to a total of 15 minutes per day. 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. Submissions are always welcome! View this complimentary video discussing five recent developments in California employment law … For employers with 25 or fewer employees, the new minimum wage is $11.00 per hour. Contractor Liability – Last year, AB 1701 made certain general contractors liable for unpaid wages and fringe benefits by subcontractors. 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. You should consult with an attorney, and not rely on any information contained herein regarding your specific situation. The law left a number of unanswered questions. Through the HRCalifornia website, we help our … Use the guidance below to determine what is best for you, your family, and your workplace. Sexual Harassment Prevention Training – SB 1343 expands the requirements for mandated sexual harassment training for California employers. For … December 2015. November 1 – The City of San Jose announces it minimum wage for 2016. California Employment Law Update. It might be! For more information on exemptions, see Vantaggio’s Info Bulletins Exempt vs. Non-Exempt and Special Exemptions. 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. 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. Sort of. Shaw Law Group, PC. Contact Roni Stover, our Director of Firm Administration, for more information here, or click here to download the Conference Room Agreement. (This is over and above any California state law right to Family Medical Leave.) 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. 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). Mandatory vaccines also raise potential religious discrimination issues, also discussed in the guidance. 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. EEOC Weighs in on Mandatory COVID Vaccines. 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. 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. 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). Need info about California's employment and labor laws? 3. AMN Healthcare v. Aya Healthcare Services. 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. Whilst this is helpful, employers should remember that re-hiring employees has wider employment law implications. 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. The California Labor Commissioner’s Office has issued an important new FAQ Memo for accommodating … But but … Cal-OSHA just issued regulations requiring a 14-day exclusion / quarantine period. California Employment Law Overview. By Anthony Zaller on October 9, 2020. 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. S. Ct. 2019) In the most recent … 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. 2015. But asking the reason why a worker did not get vaccinated could well be. main page. None. 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. 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. Newsroom. Employers with 5 or more employees will now be required to train all California employees at least bi-annually. Employers may now be found liable for any kind of unlawful harassment by non-employees (not just for sexual harassment per existing law) when the employer either knew or should have known of the conduct and failed to take action. 4. 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. 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. 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. The information located on our site is general and not intended to provide specific employment law advice. California Employment Law Report. Human Trafficking – SB 2034 requires businesses that operate intercity rail, light rail, or bus stations to provide 20 minutes of training by 1/1/21 to new and existing employees who may come into contact with victims of human trafficking. 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. 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. Labor Commissioner’s Office FAQs – Employee leave options, compensation, and salary. We are trying to make it easier and spread awareness through this centralized source of info. A Few Quick Employment Law Updates (Moderately California-Related) Join Our Mailing List. Is a small increased risk of infection Updates ( Moderately California-Related ) our. To provide specific Employment Law Updates for other states, VISIT our WEBSITE and fringe benefits by subcontractors when claim... Information to do so must be completed within 6 months of hire and every years... Supreme court Invalidates Agreement to Arbitrate wage Disputes of vaccination is not an ADA.! Exclusion / quarantine period on any information contained herein regarding your specific.. 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