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New Laws For Employment in 2021

New Laws For Employment in 2021

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On January 1, 2021, many fresh and amended employment legislation will go into effect in California. Below is a list of some of the laws that companies should make themselves aware of going to the new year. All legislation addressed in this informative article goes into effect on January 1, 2021, unless otherwise noticed.

AB 685: COVID-19 Reporting

AB 685, codified under Labor Code § 6409.6, sets out new requirements for employers to notify their workers, workers of subcontracted employees, and union representatives of identified and suspected cases of COVID-19 and to document office" outbreaks" of COVID-19 to local health departments. Within a business day, consider the following activities:

  • Notify your workers as well as the company of subcontracted workers they might have been subjected to COVID-19: Provide written notice for your workers as well as the company of subcontracted workers (e.g., temporary staffing agencies) who have been in a"worksite" inside the"infectious interval " of any worker who could have been subjected to COVID-19. You're able to notify workers of those dates which someone with COVID-19 was in the worksite, however, you shouldn't share information that may determine the affected person (e.g., don't recognize the individual by name or clarify them in a means that could lead towards their individuality ).
  • The written notice could be hand-delivered or supplied by text or email message and ought to be in both English and some other language known by the vast majority of workers.
  • Supply details regarding benefits and other alternatives: Supply all workers who might have been subjected (and also to companies of subcontracted workers and union representatives, if any) with advice regarding COVID-19-related advantages to which they might qualify, such as but not limited to employee's compensation, COVID-19-related depart, and paid sick leave, in addition to the employer's anti-discrimination and anti-retaliation policies.

When there's an"epidemic " of all COVID-19 cases in precisely the same worksite inside a 14-day interval, you also have to notify the regional health department. You have to report that the"outbreak" to the regional health department within two days. You have to upgrade the local health department with the following COVID-19 instances afterward.

For a further explanation of the law or specified conditions, such as"infectious interval," note of potential vulnerability," qualifying individual," or"worksite."

AB 1947: Attorneys’ Fees for Whistleblower Retaliation & Extended period to File a DLSE Claim

Additionally, AB 1947 expands the time frame to submit a DLSE case. For a more comprehensive explanation of the consent of lawyers' fees for whistleblower retaliation claims, please visit our website article here. For a more comprehensive explanation of this elongated time frame to submit a DLSE Claim.

AB 2017: Sick Leave and Kin Care

AB 2017 amends Labor Code § 233, which allowed employees to utilize half of the yearly accrual of sick leave to care for a relative, to provide workers the sole discretion to designate leave taken to care for a household member as sick leave.

AB 2143: “No Rehire” Provisions in Settlement Agreements

These terms generally say the separating employee won't use to work because of their prior employer, or any associated entity, along with the employer's decision to not employ the worker isn't discriminatory or retaliatory. AB 2143 amends this legislation to allow no rehire provisions in settlement agreements if the"aggrieved person" failed to deliver their claim in good faith. AB 2143 also explains the present"no rehire" exclusion for sexual harassment and sexual assault claims requires that the company made a registered and good-faith conclusion that the person engaged in sexual harassment or sexual attack before the aggrieved individual filed a claim. AB 2143 also expands the"no rehire" exclusion to add criminal behavior, subject to the same timing/documentation limitations as sensual harassment/assault.

AB 2399: Allergic to Paid Family Leave Legislation

Before the modification, the Paid Family Leave program supplied wage replacement benefits for employees who take time off work to care for a seriously ill relative or to bond with a small child within a year old or placement. Effective January 1, 2021, the Paid Family Leave program will soon be enlarged to give wage replacement benefits for employees who take the time off to take part in a qualifying exigency linked to the insured active duty or telephone to insured active responsibility of the employee's spouse, domestic partner, child, or parent at the Armed Forces of the USA.

AB 2537: General Acute Care Hospital Workers, PPE Prerequisites

AB 2537 needs General Acute Care Hospitals to offer personal protective equipment ("PPE") to employees who provide direct patient care services or whose services right encourage such maintenance. These companies also have to be ready to report their greatest seven-day intake of PPE from the 2019 calendar year upon petition by the applicable regulating agency.

AB 2992: Expansion of Protections to Victims of Abuse

In particular, the bill prohibits employers from taking actions against workers who had been the victims of a crime, or whose loved ones were the victim of a crime, even when they take off time after the offense. Currently, Labor Code § 230 prohibits a company with 25 or more workers from releasing, or discriminating or retaliating against, an employee who's a victim of domestic violence, sexual assault, or stalking for taking some time away from work for any given purpose, such as seeking medical care for injuries due to the domestic violence, assault, or stalking and appearing in court under a subpoena. AB 2992 expands worker protections to prohibit the employer from discharging or discriminating against, an employee who's a victim of abuse or crime for taking some time off from work to obtain or try to obtain any aid. Relief contains, but isn't limited to, a temporary restraining order, restraining order, acquiring psychological counseling, engaging in security planning, searching for additional injunctive relief, and to help ensure the health, safety, or welfare of the victim or their son or daughter. Additionally, the bill prohibits an employer from taking action against a worker when an unscheduled absence occurs when the worker offers a certificate they were getting services for injuries about the abuse or crime, or when the worker was a victim advocate.

SB 1383: Expansion of CFRA Protections

The California Family Rights Act ("CFRA") making it an unlawful employment practice for any employer with 50 or more workers (within 75 miles of the worksite), to refuse to grant a petition by an employee, who's at least 1,250 hours of service with the employer throughout the prior 12-month period, to carry up to 12 workweeks of unpaid protected leave during any 12-month interval to bond with a new child of the employee or to take care of themselves, a kid, a parent, or even a partner. SB 1383 amends CFRA to apply to all companies with five or more workers. Furthermore, SB 1383 needs an employer that uses both parents of a kid to give CFRA leave to every worker for this child's health state, birth, or placement.

Minimum Wage Increases

As of January 1, 2021, California's minimum wage rises to $14 for employers with 26 or more employees and $13 for companies with 25 or fewer workers. Local minimum salary may also rise. Check the regional rules for additional minimum wage demands.

Employers must be mindful of the consequences of the changes in regulations and ought to correct operating practices and processes so. Employers must also upgrade their employee handbooks and policies.

Employer Takeaways

As you're aware, things are changing rapidly and there's a deficiency of straightforward authority or bright-line rules online execution. This guide isn't meant to be an unequivocal, one-size match all advice, but rather represents our interpretation of where matters now and normally stand. This article doesn't cover the possible consequences of the many other local, state, and national orders which were issued in reaction to this COVID-19 pandemic, for example, without limitation, possible liability if an employee becomes sick, and demands regarding family leave, sick pay and other difficulties.


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