It’s the most….wonderful time…of the yeeeear. Kinda.
It’s also a very stressful time for a lot of organizations as the New Year often brings *drumroll* NEW LAWS! Especially in California where Governor Newsome signed over 20 new labor and employment bills into law in 2020 with 22 of them effective in 2021.
It’s always been puzzling that the Department of Labor doesn’t send these communications out on a regular basis with clear directions on how to prepare for and abide by the new changes, but don’t you worry your little self – we’ve got you covered.
For a list of law changes by state, well-known employment firm Littler spells it out quite nicely for you on their blog.
For the sake of sanity, however, let’s focus on the most litigious state in our nation – CALIFORNIA and the changes that will have a wide-spread affect on businesses.
You can learn more by clicking the hyperlink for each law.
AB 685: COVID-19 Notification, Effective 1/1/2021
This allows the state to track COVID-19 cases in the workplace more closely. It expands Cal/OSHA’s authority to issue Stop Work Orders for workplaces that pose a risk of an “imminent hazard” relating to COVID-19. It requires notice in the event of a COVID-19 exposure in the workplace, including providing written notice to “all employees” who were at the worksite within the infectious period who may have been exposed.
This is probably the “newest” law will probably come with provisions as the pandemic comes to a halt at some point, but for now – you gotta disclose.
AB 1864: Whistleblowing, Effective 1/1/2021
Prohibits adverse action against employees who have filed any proceeding under the Consumer Financial Protection Law.
To sum it up – you can’t fire someone for calling you out.
AB 1947: Statute of Limitations for Wage & Hour and Discrimination Claims or Complaints, Effective 1/1/2021
Expands the statute of limitations from 6 months to 12 months to bring a claim of discriminatory discharge in violation of any law under the jurisdiction of the Labor Commissioner and authorizes attorney’s fees for successful plaintiffs.
A lot of organizations are not being intentionally discriminatory, it’s important to have your employment practices audited to ensure this isn’t you.
AB 1963: Human Resources to become Mandated Child Abuse Reporters, Effective 1/1/2021
Designates HR professionals who are employed by businesses who employs minors with 5 or more employees to take mandated reporting training for child abuse and a written statement describing their obligations.
Minors in the workplace must be especially looked out for.
AB 2017: Kin Care as Protected Time Off, Effective 1/1/2021
Provides that the designation of sick leave taken for kin care shall be made at the sole discretion of the employee.
Prior to this, only if kin was ill would it be considered protected leave. Now in the event child care is unavailable, the leave is protected.
AB 2143: Discrimination and Harassment, Effective 1/1/2021
Clarifies when a no-rehire provision in a settlement agreement regarding harassment, sexual assault, or criminal conduct is permitted; requires certain employer documentation.
This is probably for bigger organizations, but basically you cannot mark a claimant as a no-rehire without going through a process.
AB 2537: Acute Care Hospital – PPE Supplies, Effective 1/1/2021
Requires acute care hospitals to supply PPE to employees who provide direct patient care, and ensure that employees use PPE. Beginning April 1, 2021 – acute care hospitals must maintain a three-month supply of PPE, and provide an inventory of PPE to the Division of Occupational Safety and Health upon request.
We saw this coming.
AB 2992: Crime Victims as Protected Time Off, Effective 1/1/2021
Provides leave for victims of domestic violence, sexual assault or stalking, or leave for a victim of any crime that caused physical injury or mental injury with a threat of physical injury.
Basically, an employee cannot be punished for taking leave for the above reasons.
AB 3372: Employment Taxes, Effective 1/1/2021
Permits any notice or document required to terminate, modify, or release an earnings withholding order for taxes to be served by electronic transmission.
Previously these would come in the mail, now they can be communicated via email.
SB 1383: CFRA Expansion, Effective 1/1/2021
Expands California Family Rights Act coverage to employers of five or more employees (previously 50). Expands categories of family members covered in CFRA leaves such as grandparents, grandchildren, and siblings.
This is a BIG one as startups were usually exempt from these leaves, but not so much anymore.
Let us not forget about minimum wage increases…
California state minimum wage will increase from $12.00 to $13.00 per hour for Employers with 25 employees or less, and from $13.00 to $14.00 per hour for Employers with 26 or more employees. Keep in mind there are variances across certain metropolitan areas such as San Francisco, Mountain View, Los Angeles, etc – make sure you know which one applies to your business.
Prepare your business.
Well there ya have it! Seems daunting? Maybe, but it’s doable and if you start planning now – you’ll be able to enjoy what truly is The Most Wonderful Time of the Year!
For preparation assistance for your business, email info@gamedayhr.com to set up a consultation of fill out a contact form.
It’s Gameday, Every Day.
