Under the new law, a “director from an underrepresented community” means 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. As for AB 5, he added, “We are agnostic. The new law also mandates that the EDD mail to eligible employers a claim packet for each participating employee within 5 business days following approval of the application, and make online claim forms available to the approved employer for each participating employee within five business days following approval of the application if the employer submitted its work-sharing plan application online. DISCLAIMER: Because of the generality of this update, the information provided herein may not be applicable in all situations and should not be acted upon without specific legal advice based on particular situations. The criminal justice reform group Worth Rises says L.A. billionaire Tom Gores should be forced to sell the Detroit Pistons. It doesn’t make sense.”. Parrelli is worried that under AB 5 she might be considered an employer of those people. More CALIFORNIA LABOR LAW News The settlement proposals of August 2019 and November 2020 are remarkably similar. “After 30 minutes, you become exponentially less precise.”. Employers who wished to participate in a work-sharing program were required to submit to the director a signed, written work-sharing plan application form that met specified requirements. Can solutions be crafted to satisfy those who are unfairly cheated out of wages and benefits while at the same time serving those who view employee status as a straitjacket? However, it does retain the requirement that, to be eligible for leave, an employee must have at least 1,250 hours of service with the employer during the previous 12-month period. SB-1383 expands the California Family Rights Act (“CFRA”) and the New Parent Leave Act (“NPLA”) to make it an unlawful employment practice for any employer with five or more employees to refuse to grant a request by an employee to take up to 12 workweeks of unpaid protected leave during any 12-month period to bond with a new child of the employee or to care for themselves or a child, … “The business community will be aggressively pursuing further exemptions.”. This program expires as of January 1, 2024. But that’s of little solace to Parrelli, who, like many independent recording artists, is not a member of the American Federation of Musicians. The perils of procrastination can be huge where finances are concerned. Hermida turned down an employee job offer with the Los Angeles County Superior Court, whose interpreters are represented by the California Federation of Interpreters, a division of the Communications Workers of America union. Uber and Lyft got their way in California, with voters supporting their Proposition 22 ballot measure. 2. This presumption relates back to cases arising on or after July 6, 2020. The worker is free from the control and direction of the hiring entity in connection with the performance of the work, both under contract for the performance of the work and in fact. J. Ross Parrelli is an Auburn, Calif.-based singer. Police in Pasadena and Long Beach vowed data from license plate readers wouldn’t be used to enforce civil immigration laws. Individuals who have been convicted of certain crimes, including murder and rape, are automatically ineligible for this relief. Those with lower ratings earn less, even when the ratings aren’t fair, shoppers say. She and other musicians visited the state Capitol to protest the law, she said. Moreover, COVID-19 Supplemental Paid Sick Leave is now available to health care employees and emergency responders who were not provided paid sick leave by their employers under the federal Families First Coronavirus Response Act (FFCRA).3. This bill amends Sections 230 and 230.1 of the Labor Code. If circumstances do not allow for the employee to take such a rest period, the employer must pay the employee one hour of pay at the employee's regular rate of pay for the rest period that was not provided. Golden State Logistics, a Rancho Dominguez company with 40 independent contractors, is one company pushing its workforce to be more self-sufficient. Gavin Newsom signed a trio of new COVID-19-related employment laws. SB 973 requires California private employers with 100 or more employees to submit a pay data report to the Department of Fair Employment and Housing (DFEH) by no later than March 31, 2021, and annually thereafter. To meet clean-air regulations, trucking companies forced drivers to purchase new trucks beginning in 2008 rather than assume the expense. The minimum wage for employers with 25 or fewer employees will increase to $13.00 per hour on January 1, 2020. Provide notice to all employees, the employers of subcontracted employees, and the exclusive representative, if any, of the disinfection and safety plan that the employer plans to implement and complete, per CDC guidelines. The worker performs work outside the usual course of the hiring entity’s business. Employment / Age Certification. The Harbor Trucking Assn. This bill adds section 1203.4b to the Penal Code. Related to AB 2257 is AB 323 which, among other things, expands the exemption applicable to newspaper carriers by deleting the condition that a newspaper carrier work under contract either with a newspaper publisher or newspaper distributor. This website uses cookies to improve user experience, track anonymous site usage, store authorization tokens and permit sharing on social media networks. Alternatively, when employed per course or laboratory, the faculty member must receive at least the following amounts per hour, for all classroom or laboratory time, preparation, grading, office hours and other course or laboratory-related work: $117 in 2021; $126 in 2021; $135 in 2022; and a percentage increase in 2023 and each year thereafter that is equal to the percentage increase to the state minimum wage. Home of the Week: A regal retreat with presidential ties. SB 1383 repeals the California New Parent Leave Act (NPLA) and California Family Rights Act (CFRA), and instead implements a new CFRA. set up a program last year to help individual truckers convert to such a model for less than $500, also offering them discounted insurance and fuel. To meet the duties test, the employee must be primarily engaged in an occupation that is commonly recognized as a learned or artistic profession and must customarily and regularly exercise discretion and independent judgment about the performance of his/her duties. This bill amends section 233 of the Labor Code. Gavin Newsom on Friday signed a law that would give judges a say on whether to list someone … Virginia-based SOS did not respond to repeated messages. Marvin Estrada, a San Pedro trucker, counts himself as a ”100% real independent contractor” and businessman. AB 2479 extends until January 1, 2026, the exemption from rest period requirements for specified employees who hold a safety-sensitive position at a petroleum facility, to the extent those employees are required to carry and monitor a communication device, such as a radio or pager, and to respond to emergencies, or are required to remain on their employer's premises to monitor the premises and respond to emergencies. “It is going to be years before we have an understanding of how — or even if — AB 5 applies to the port trucking community,” he said. Employers may mandate this rule only if the collective bargaining agreement expressly provides for the employees' wages, hours of work, working conditions, rest periods, final and binding arbitration of disputes concerning application of the rest period provisions, premium wage rates for all overtime hours worked, and a regular hourly rate of pay of not less than one dollar more than the state minimum wage rate. This bill adds to, or repeals, section 12945.21 of the Government Code, adds section 113963 to the Health and Safety Code, amends section 248.5 of the Labor Code and adds Sections 248 and 248.1 to the Labor Code. Businesses in dozens of sectors, including trucking, entertainment and translating, are scrambling to figure out how the law affects them, whether they must adapt to it, and, especially, whether they can persuade lawmakers next year to add them to a score of carved-out occupations such as doctors, architects, financial advisors and fine artists. “I’m not going to adapt my business to this law,” she said. New California Employment Laws – The following is a description of most of the more impactful (but not all) new employment laws that unless otherwise stated, went into effect on 1/1/19: Minimum Wage and Exemptions – Although SB 3 passed in 2016, effective 1/1/19, we had our next scheduled minimum wage increase. The EO is effective immediately. Esther M. Hermida, president of GeoLingua Inc., a one-woman translation and interpretation company, hires independent contractors, works as an independent contractor herself and is not happy with Assembly Bill 5. A claimant unable to have their claim adjudicated and decided by the Labor Commissioner under Sections 98 and 98.1 as the result of a court order compelling arbitration may request that the Labor Commissioner represent the claimant in arbitration. Unlawful Employment Practices During the COVID-19 Pandemic The law amends the Labor Code by adding Section 515.7, which states that an employee providing instruction for a course or laboratory at an independent institution of higher education, as defined by the Education Code, shall be classified as exempt under the professional exemption if the employee meets both a duties and salary test. Labor Code Sections 1401(a), 1402 and 1403 (the key provisions of the CA WARN Act addressing required notice to employees) has been suspended to permit employers to act quickly in order to mitigate or prevent the spread of coronavirus, subject to satisfaction of certain conditions. AB 685 prescribes notice requirements on employers in the event of a COVID-19 exposure in the workplace, enhances reporting requirements to local health authorities in the event of a COVID-19 outbreak, and expands the Division of Occupational Safety and Health of California’s (Cal/OSHA) authority to shut down worksites deemed to be an “imminent hazard” due to COVID-19 and issue “serious violation” citations. It provides that in addition to the Attorney General of the State of California and certain City Attorneys, District Attorneys may now prosecute an action for injunctive relief for non-compliance with AB 2257. The EDD Strike Team established by Governor Gavin Newsom provided recommendations and solutions … In addition, an employer must comply with the notice and paystub requirement previously established under the California Healthy Workplaces, Healthy Families Act of 2014 (HWHFA). In addition, while existing law has an exception to the ban on “no-rehire” provisions if the employer has made a good-faith determination that the “aggrieved person” engaged in sexual harassment or sexual assault, AB 2143 requires the determination of sexual assault or harassment to be documented by the employer before the “aggrieved person” filed the claim. He holds a master’s in journalism from USC’s Annenberg School and a bachelor’s in English from UC Santa Barbara. 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