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By Anthony Zaller on October 18, 2019. These minimum wages also impact the minimum weekly salary that must be paid for executive, administrative, and professional employees to be exempt to avoid misclassification problems. A group of freelance journalists filed a joint lawsuit against the state as well. Transportation Industry Drug and Alcohol Testing, Drug- and Alcohol-Free Workplace Policies, Documenting Heat Illness Prevention Procedures, Recognizing Conditions That Create Heat Illness, Recording and Reporting Incidents of Workplace Violence, Understand the Warning Signs and Risk Factors for Workplace Violence, Industry-Specific Workplace Violence Requirements, Factors That Increase The Risk Of Workplace Violence, Workers' Compensation Benefits and Administration, Employers Covered by Workers' Compensation, Workers' Compensation Coverage Agreements Between Employers, Employees Covered By Workers' Compensation. In addition to understanding employment law in California, human resources professionals must … Disability Discrimination (ADA) Discrimination Laws. A searchable directory of the comprehensive jurisdictional and local coverage XpertHR offers to help employers ensure they are compliant with US employment laws. SB-778: Sexual harassment training guidelines. I think that California has recognized that and they want to address that. This law entitles employees to an additional 30 days of unpaid leave, in addition to 30 days of paid leave already permitted, to donate an organ. Want to share a company announcement with your peers? It is the policy of the California Department of Human Resources (CalHR) to provide service in the language of our customers. California wage and hour laws affect salaried and non-salaried … Enter the name for the shortcut using the on-screen keyboard and tap "Add." Employers must meet all consumer standards by Jan. 1, 2021. [Photograph]. The law also states a limit on the number of "submissions" a freelancer can contribute in a year and also defines what constitutes a submission. ", "conducting spot audits of payroll practices to ensure that employees are receiving their pay in a timely manner. ", To plan for any changes that may be needed as a result of AB-51, lawyers from, in a blog post that employers "that easily meet the interstate commerce test under the [Federal Arbitration Act] can implement an arbitration program or maintain their current arbitration program. The law also states a limit on the number of "submissions" a freelancer can contribute in a year and also defines what constitutes a submission. The claim: California passed 'pro-pedophilia' legislation to remove the felony status of sex with minors. SB-778 sets out new sexual harassment training requirements. ", "The fallacy of the mandatory arbitration provision is that agreeing with the terms of the provision is a non-negotiable condition of employment and it's not an equal playing field," Pearce said. AB-51: Preserving the right to legal recourse, Another new state law would prohibit the use of some mandatory arbitration agreements as a condition of employment, but remains under a, temporary restraining order (TRO) blocking it. "What California has done is set the default to employee, leaving the burden upon the entity that views the relationship different than the employee to establish the criteria that is set forth," Mark Pearce, distinguished lecturer and executive director of Georgetown University Law Center's Workers' Rights Institute and former chair of the National Labor Relations Board, told HR Dive. SB-142 requires that work locations have rooms for lactation that are "safe, clean, and free of hazardous materials." For further violations or anything deemed intentional, the penalty is $200 for each violation plus 25% of the wages owed. Safari will close automatically and you will be taken to where the icon is located on your iPad's desktop. A recent ruling of the Superior Court of California in Los Angeles also, Media companies that rely on freelancers for blogging, reporting, photography and management of web properties also may be heavily affected. from taking effect. Employers in the state may need to brush up on recent changes and prepare for those still to come. Additionally, the state's salary threshold of overtime exemption is now $54,080 for employers with 26 or more employees and $49,920 for employers with 25 or fewer employees. Our legislative presence at the State Capitol means we know California employment laws … Some are facing judicial challenges, the outcome of which will determine the nature of their final implementation. California Meal Break & Rest Break Law (2020) – Quick Calculator + Charts. What Should You Do to Prepare for a Cal/OSHA Inspection? "What California has done is set the default to employee, leaving the burden upon the entity that views the relationship different than the employee to establish the criteria that is set forth," Mark Pearce. "The party that is most disadvantaged is the worker in that situation.". Open the website or web page you want to pin to your home screen. This link will take you to the Office of Administrative Law (OAL) website, which hosts the California Code of Regulations.. Once you reach the OAL site, look for … AB-1223: Leave of absence after organ donation, AB-9: Employment discrimination statute of limitations. Thereafter, the training must be given again once every two years. Industries exempt from the law are mostly in professional services or trades, such as doctors, electricians, independent consultants, architects and accountants. The language of the bill does not specify arbitration, but rather prohibits companies or people "from requiring any applicant for employment or any employee to waive any right, forum, or procedure for a violation of any provision of the California Fair Employment and Housing Act (FEHA) or other specific statutes governing employment as a condition of employment, continued employment, or the receipt of any employment-related benefit. Media companies that rely on freelancers for blogging, reporting, photography and management of web properties also may be heavily affected. Perform work that is outside the usual course of the hiring entity's business. This premium content is for our members. Employers with five or more employees must provide at least two hours of training on sexual harassment to anyone who manages other employees and at least one hour of training to "nonsupervisory" employees by Jan. 1, 2021. Revitalize your career at CAHR20! To be an independent contractor, the law requires that workers: Be free from the control and direction of the hiring entity in connection with the performance of the work, both under the contract for the performance of the work and in fact. Uber, Postmates and two drivers have, , calling the law unconstitutional. California Assemblywoman Lorena Gonzalez, D, who authored the bill. These updates are organized by topic below to help you understand your responsibilities and learn how they will impact your business. Note that certain California … California employers take heed! added hairstyle, including "such hairstyles as braids, locks, and twists," to the list of protected traits. The Add to Home dialog box will appear, with the icon that will be used for this website on the left side of the dialog box. California Assemblywoman Lorena Gonzalez, D, who authored the bill, told local news that the Uber lawsuit alleging the law is unconstitutional is "bizarre." Also consider conducting an equal pay audit to identify whether certain job categories are vulnerable to equal pay claims.". A recent ruling of the Superior Court of California in Los Angeles also exempted independent truckers from this law. Tap "Go.". The training must be provided within six months of hire or within six months of the assumption of a supervisory position. This includes the right to request disclosure of the specific kinds of personal information a company has collected and to have information deleted. First, disclosures extend to personal information collected from job applicants, employees or contractors. Get HR news like this in your inbox daily. AB-749 says that settlement agreements between an "aggrieved person" and an employer can no longer contain a provision that restricts an employee from obtaining future employment with that employer and any affiliated entities such as franchises or subsidiaries. On-demand service apps such as rideshare companies that rely on an army of freelance workers to fulfill their orders may be most affected. says that settlement agreements between an "aggrieved person" and an employer can no longer contain a provision that restricts an employee from obtaining future employment with that employer and any affiliated entities such as franchises or subsidiaries. Housing. Industries exempt from the law are mostly in professional services or trades, such as doctors, electricians, independent consultants, architects and accountants. California has finalized all new employment laws for 2020. What are the California salary laws? Delta Air Lines (2020) 9 Cal.5th 762, the California Supreme Court extended this holding to California Labor Code section 204, which governs the timing of wage payments. Uber, Postmates and two drivers have filed a joint lawsuit against the state, calling the law unconstitutional. Language Access. AB-749: Ban on no-rehire provisions in settlement agreements. Follow the instructions below to add a shortcut to a website on the home screen of your iPad, iPhone, or Android devices. On top of that, four California cities enacted even higher minimum wages, according to law firm Fisher Philips: Oakland, San Diego, San Jose, Santa Clara. does not specify arbitration, but rather prohibits companies or people "from requiring any applicant for employment or any employee to waive any right, forum, or procedure for a violation of any provision of the California Fair Employment and Housing Act (FEHA) or other specific statutes governing employment as a condition of employment, continued employment, or the receipt of any employment-related benefit. Employers can terminate employees or not rehire them "if there is a legitimate non-discriminatory or non-retaliatory reason for terminating the employment relationship or refusing to rehire the person" or if the individual committed harassment or sexual assault. "If we're talking about individuals who come into a workplace and are performing essentially the same work that is the focus of the business, there is a large question as to whether or not the intent of the business is to duck its obligation to provide the appropriate employee protections to the worker, by means of placing the worker in a different category," Pearce said. Gain access to top-notch HR education and much-needed HR Community. But for now, employers may want to familiarize themselves with some of the most widely applicable and most impactful new laws. This does not work from the "Chrome" app. Rules & Regulations . The following six employment-related bills were signed into law and go into effect on January 1, 2020… ", Ogletree Deakins recommends "conducting spot audits of payroll practices to ensure that employees are receiving their pay in a timely manner. Posted in California Legislation Update. "To designate workers as something other than an employee puts the onus on the workers to provide for their own insurance, to seek legal recourse through individual legal names," Pearce said. The California Consumer Privacy Act grants consumers certain rights regarding personal information that is owned by businesses. What Happens If You Disagree With the Results of an Inspection? Another new state law would prohibit the use of some mandatory arbitration agreements as a condition of employment, but remains under a temporary restraining order (TRO) blocking it from taking effect. State Versus Federal Law: Which Prevails? 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