California employers should establish procedures to protect the unauthorized use and disclosure of medical information. The National Law Review - National Law Forum LLC 4700 Gilbert Ave. Suite 47 #230 Western Springs, IL 60558  Telephone  (708) 357-3317 or toll free (877) 357-3317.  If you would ike to contact us via email please click here. An employer has only 30 days after the claim form is filed to deny the claim (as opposed to the typical 90 days) and otherwise may rebut the presumption only with evidence obtained after that 30-day period. In response to some of these concerns, the California Legislature enacted AB 2257, which amended AB 5 and created additional exemptions for certain occupations and contractual relationships. It must be in English as well as the language understood by the majority of the employees. No attorney-client or confidential relationship is formed by the transmission of information between you and the National Law Review website or any of the law firms, attorneys or other professionals or organizations who include content on the National Law Review website. If you require legal or professional advice, kindly contact an attorney or other suitable professional advisor. The only exception is where an employer has made a “good faith determination” that the former employee engaged in sexual harassment or sexual assault. By continuing to browse this website you accept the use of cookies. SB 1159 effectively requires employers to promptly investigate and address cases of COVID-19 among employees. Employees are entitled to recover $100 for each initial violation for failure to pay each employee, and each subseq… The NLR does not wish, nor does it intend, to solicit the business of anyone or to refer anyone to an attorney or other professional. It also requires companies to develop anti-discrimination and sexual harassment policies; training programs for drivers related to driving, traffic, accident avoidance, and training programs recognizing and reporting sexual assault and misconduct. The new law also allows OSHA to order a facility closed if it deems the potential for COVID-19 infection an “imminent hazard” for employees at that facility. By December 31, 2021, such publicly-held corporations must have at least one director from an underrepresented community. Below we summarize some of the key new laws that will impact California employers in 2020. The bill provides that evidence of measures in place to reduce the potential transmission of COVID-19 in the employee’s place of employment or evidence of an employee’s nonoccupational risks of COVID-19 infection may successfully rebut the presumption. This new law has been challenged as being preempted by the Federal Arbitration Act (FAA), and section 432.6 is currently enjoined from being enforced. 2020 has been an unprecedented year in many ways, but one thing that remains constant is the legislature's enactment of new laws that impact employers. Is There No Protection For The Innocent When A Corporation Transfers... Election 2020 Putting Cannabis Center Stage. This information is intended to help the claims administrator determine whether there is an “outbreak” at the worksite such that the presumption may be applicable. 2021 Labor & Employment Law Update for California Employers Thursday, December 10, 2020 2020 has been an unprecedented year in many ways, but … On September 17, 2020, Governor Newsom signed into law SB 1159, which codified parts of his prior executive order establishing a rebuttable presumption of compensability for some employees who receive a COVID-19 diagnosis. California voters were definitive in their support of Proposition 22, with nearly 10 million voters approving the Proposition. Stay tuned as to how this litigation turns out and the impact on arbitration agreements in California. IT’S ON! He also counsels companies on various compliance issues involving free speech in the workplace, the preparation of employee handbooks, sexual harassment training, executive employment agreements, and adhering to ADA regulations for company websites and mobile... Dwight L. Armstrong is a partner in the firm's Orange County office. The notice can be provided in any manner that is likely to be received (e.g. Under Labor Code section 98.7, the Division of Labor Standards Enforcement (DLSE) has jurisdiction to investigate complaints of discharge or discrimination in violation of any law within the jurisdiction of the DLSE. Under existing law, individuals have six months to make complaints to the DLSE. The second category requires employers to report the number of employees by race, ethnicity, and gender whose annual earnings fall within each of the pay bands used by the U.S. Bureau of Labor Statistics in the Occupational Employment Statistics survey, which ranges from a low of “less than $19,239” to a high of “more than $208,000” based on W-2 wages. These policies provide workers with minimum compensation levels, health insurance subsidies, medical costs for on-the-job injuries, and prohibits drivers from working more than 12 hours in a 24-hour period unless the driver has been logged off for 6 uninterrupted hours. Failure to timely comply with this new law may result in fines up to $100,000 for a first violation and additional fines thereafter. To address this, Proposition 22 included labor and wage policies specific to app-based drivers and companies. AB 2143 slightly amends this law in three ways: AB 979 creates a new requirement that publicly-held domestic or foreign corporations whose principal executive offices are located in California have a minimum number of directors from underrepresented communities. While AB 2257 addressed the grievances that many industries and freelance workers had with AB 5, it declined to offer exemptions to other industries, such as app-based transportation companies. AB 3075, effective January 1, 2021, makes it easier for workers to enforce judgments for unpaid wages by making certain successor businesses liable for their predecessor’s unpaid wage and hour judgments. The notice must include the date of the positive test, the address of the employee’s place of employment during the 14-day period preceding the test, and the highest number of employees who worked at the employee’s place of employment in the 45 days preceding the last day the employee worked at each location. Labor & Employment Law Section Executive Committee 2014-2015; Cases Pending Before the California Supreme Court; Masthead; Nlra Case Notes; The Interactive Process Dance: What Happens When the Music Stops? Each new year brings a bundle of new laws, and this year was particularly eventful in the employment law arena. In support of the above, AB 3075 also requires that certain business entities verify in their Statement of Information filed with the Secretary of State, whether any officer, director, or any member or manager of a limited liability company has an outstanding final judgment in any court or issued by the Division of Labor Standards Enforcement. Dwight manages the firm's Labor and Employment Law Practice Group and is experienced in both litigation and transactional matters. This website uses cookies to improve user experience, track anonymous site usage, store authorization tokens and permit sharing on social media networks. OSHA’s authority will remain in effect until January 1, 2023. California and the federal government are providing broad assistance to small businesses and employers impacted by COVID-19. FinCEN Announces Proposed Rule Aimed at Closing Anti-Money... Six Changes in DHS, ICE Created by COVID-19 Pandemic. Mandatory or Voluntary Employee Vaccinations: EEOC Weighs In, Indian Pharmaceutical and Medical Device Regulation 101 [PODCAST]. An employer must retain a record of the written notice for at least three years. AB 1947 changes this by adding Section 1102.5(j), which authorizes courts “to award reasonable attorney’s fees to a plaintiff who brings a successful action for a violation of these provisions.” This change will likely lead to more whistleblower claims, as more often than not, attorneys’ fees provisions are a driver of litigation. © Allen Matkins var today = new Date(); var yyyy = today.getFullYear();document.write(yyyy + " "); | Attorney Advertising. Notice of potential exposure may come to an employer from the employee, the employee’s representative, the employee’s emergency contact, the testing protocol, or the employer of a subcontracted employee that was on the worksite. Effective January 1, 2021, not only will CFRA apply to employers having as few as five employees, but it will also extend leave rights to employees who care for grandparents, grandchildren, siblings, adult children, and other family members with serious medical … The first category mirrors the federal EEO-1 and requires employers to report the number of employees by race, ethnicity, and gender in 10 federally identified job categories: executive or senior-level officials and managers; first or mid-level officials and managers; professionals; technicians; sales workers; administrative support workers; craft workers; operatives; laborers and helpers; and service workers. It does not extend to areas which the individual did not enter. This information is intended to help the claims administrator determine whether there is an “outbreak” at the worksite such that the presumption may be applicable. SB 1159 effectively requires employers to promptly investigate and address cases of COVID-19 among employees. This new law has been challenged as being preempted by the Federal Arbitration Act (FAA), and section 432.6 is currently enjoined from being enforced. Witness Coaching by Whisper Leads to Sanctions for Defense Witness... HHS Proposes Changes To HIPAA Including Access To Protected Health... California's New COVID-19 Exposure and Notification Law. This requirement is not operative until January 1, 2022, unless the Secretary of State implements "California Business Connect" (the Secretary of State's anticipated online portal that automates all paper-based processes) sooner. Employers. Additionally, Melissa represents employers in investigations brought by the U.S. Employment Opportunity Commission and California Department of Fair Employment and Housing. In last year’s alert, we noted that AB 51, codified as Labor Code section 432.6, would prohibit employers from requiring employees to enter into arbitration agreements covering claims under the Fair Employment and Housing Act (FEHA) and the Labor Code as a condition of employment. The following update provides a brief overview of select legislation that will immediately affect California employers. The CFRA previously only applied to private employers with 50 or more employees within 75 miles of the worksite. When notice is received, an employer must: Determine which employees, including subcontracted employees, were at the worksite at the same time as the individual during his or her “infectious period,” which the California State Department has determined includes “at minimum, the 48 hours before the individual developed symptoms.”  The “worksite” is limited to the same building or location where the individual was physically present. Employers must submit their pay data reports to the DFEH on or before March 31, 2021, and then annually thereafter. Any legal analysis, legislative updates or other content and links should not be construed as legal or professional advice or a substitute for such advice. 2020: 6 NEW CALIFORNIA Employment Law Updates TO BE AWARE OF. She defends employers in matters involving harassment, discrimination, retaliation, wrongful termination, wage and hour, and whistleblower claims. AB 2257 expressly repeals Labor Code Section 2750.3 (AB 5) and codifies sections 2775-85 of the Labor Code. Build a Morning News Brief: Easy, No Clutter, Free! The employer must report: The employer will be required to continue notifying the local health department of any subsequent laboratory-confirmed cases of COVID-19 at the workplace. When a presumption is applicable under this section, an employer has only 45 days after the claim form is filed to deny the claim (as opposed to the typical 90 days) and otherwise may only rebut the presumption with evidence obtained after that 45 day period. Stephanie has experience in antitrust, commercial contracts, franchise law, labor and employment, and... You are responsible for reading, understanding and agreeing to the National Law Review's (NLR’s) and the National Law Forum LLC's  Terms of Use and Privacy Policy before using the National Law Review website. Due to this classification, California’s employment and labor laws (and protections) do not apply to app-based drivers. These new requirements are in addition to the requirements enacted last year, requiring female representation on such corporate boards, set forth in California Corporations Code section 301.3, as detailed in our firm’s alert from last year. Visit AB 5 – Employment Status to learn how it impacts you. These policies provide workers with minimum compensation levels, health insurance subsidies, medical costs for on-the-job injuries, and prohibits drivers from working more than 12 hours in a 24-hour period unless the driver has been logged off for 6 uninterrupted hours. PFAS Under Biden Administration – Change Is Coming. In response, the California legislature acknowledged the impact of AB 5 on certain industries and effectively rewrote the law to address these concerns through the passage of AB 2257. In addition to the above, as of January 1, 2021, employers will have reporting requirements if they are notified that the number of cases at their worksite meets the definition of a “COVID-19 Outbreak” as defined by the State Department of Public Health.  When an employer has been notified that it has an “outbreak,” it will have 48 hours to provide the information listed below to the local public health agency in the jurisdiction of the worksite for any employee that either tested positive for COVID-19, was diagnosed with COVID-19 by a licensed healthcare provider, was ordered by a public health official to isolate due to COVID-19, or was determined by the county public health department to have died due to COVID-19. AB 685 (Chapter 84, Statutes of 2020) is a California law signed by Governor Gavin Newsom on September 17, 2020. Stephanie Elder is a litigation associate in the firm’s Los Angeles office. UK Supreme Court on Law Governing the Arbitration Agreement (Enka v.... FDA Proposes Revocation of Frozen Cherry Pie Standards of Identity... Supreme Court to Weigh in College Sports: The Intersection of... Allen Matkins Leck Gamble Mallory & Natsis LLP, New York State, Modified New York City Sick and Safe Leave Obligations Fully Effective January 1. However, film and television unit production crews, still photographers and cinematographers, are not exempt. Employers with 20-49 employees now have to post information on the available baby-bonding benefits, and employers with 50 or more employees have to update their previous postings. non-government entity) California employers with 100 or more employees that are required to file an annual, federal Employer Information Report (EEO-1). Save Time and Register Online. AB 3075, effective January 1, 2021, makes it easier for workers to enforce judgments for unpaid wages by making certain successor businesses liable for their predecessor’s unpaid wage and hour judgments. Unless otherwise noted, attorneys are not certified by the Texas Board of Legal Specialization, nor can NLR attest to the accuracy of any notation of Legal Specialization or other Professional Credentials. OSHA will also be able to issue “serious violation” citations for COVID-19 without first delivering notice to the employer with an opportunity to respond. HHS OGC Weighs in On Sub-Regulatory Guidance in Advisory Opinion:... To Rescind or Not to Rescind, That’s Only Half the Question. As a result, employees may be eligible to take as much as 24 weeks of combined leave under the CFRA and FMLA depending on the reason for the leave. 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