2015. Each day, California employers look to CalChamber and HRCalifornia for advice about pressing California employment laws and HR issues, such as sexual harassment and employee compensation law. California Employment Law Overview. Our PeopleServicesTraining CalendarPublicationsNewsContact UsOur ClientsCareersBlogDisclaimer. Governor Gavin Newsom issued Executive Order N-84-20 suspending that part of the Cal-OSHA regulations in light of this Cal DPH memorandum (here). Mandatory vaccines do raise ADA / disability discrimination issues when employees claim a disability precludes their taking a vaccine. Is flexing a mandatory vaccine rule a form of reasonable accommodation. Lactation Accommodation – AB 1976 makes changes to existing law which requires employers to provide a location other than a toilet stall to employees who need to express breastmilk during the workday. Labor & Employment Law Section Executive Committee 2013-2014 McLe Self-Study: Origins and Development of California's Prevailing Wage Requirements and Enforcement Mechanisms* Wage and Hour Update As a reminder, in California, minimum wage has an impact on more than just the employees who earn at that level. Get in touch today. View this complimentary video discussing five recent developments in California employment law … The information-packed event covers the issues, laws, and practices California businesses need to be aware of for the upcoming year. The employees in this case were recruiters who recruited travelling nurses to work for their employer who provides temporary healthcare professionals to their clients. Department of Fair Employment and Housing – Job protection and employment discrimination. Posters – If you need to order new 2019 combined federal and state poster sets, please contact us at Info@VantaggioHR.com or call 1-877-VHR-relx (1-877-847-7359). 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. S. Ct. 2019) In the most recent … If the employer administers (or contracts with a third party to administer) a COVID vaccine, that’s *not* a “medical examination,” which would trigger obligations under the Americans with Disabilities Act. 4. Settlement of Sexual Harassment Claims – SB 820 prohibits a settlement agreement entered into on or after 1/1/19 from containing language that would prevent the disclosure of factual information related to sexual harassment, sexual assault, or sex discrimination. Labor Commissioner’s Office FAQs – Employee leave options, compensation, and salary. The EDD Media Services office provides the latest news releases and information for English- and Spanish-language media. A number of important new California employment laws took effect in 2018. Home > Coronavirus > California Labor Commissioner’s Office Releases FAQ Memo on Coronavirus. The court also ruled that given the specifics of this case, the original employer’s list of the prospective travelling nurses was not a bona-fide trade secret. By Tony Oncidi and Cole Lewis on December 16, 2020 Posted in California Labor & Employment Law. Historically, federal courts have found it appropriate for employers to not pay wages for small amounts of time that are difficult to record – up to a total of 15 minutes per day. So, you may be able to get away with a 10-day quarantine, although there is a small increased risk of infection. Contractor Liability – Last year, AB 1701 made certain general contractors liable for unpaid wages and fringe benefits by subcontractors. Posted in California Legislation Update SB 973, a new California law passed in September 2020, created a new obligation for California employers to annually submit pay data report to the Department of Fair Employment and Housing (DFEH). California Labor Commissioner’s Office Releases FAQ Memo on Coronavirus By Tony Oncidi and Cole Lewis on March 10, 2020 Posted in Coronavirus, COVID-19. As such, individuals such as doctors, therapists, attorneys, real estate agents, landlords, teachers, elected officials, lobbyists, directors, and producers (amongst others) may now be found liable for sexual harassment. Through the HRCalifornia website, we help our … So, that means an employer has to establish “undue hardship” or “direct threat.” An employer may enforce a general requirement even if an employee has a disability that would preclude taking the vaccine if the employer can establish the “direct threat” defense to reasonable accommodation. The guidance discusses this issue. Also keep in mind that close to 20 different cities and other municipalities in California have their own minimum wage ordinances. California Employment Law Notes By Tony Oncidi on September 20, 2019 Posted in California Labor & Employment Law. This year, AB 2282 specified that asking for salary expectations is not a violation of current law. Paid Family Leave – SB 1123 expands the scope of the current California family disability insurance program which provides wage replacement benefits to employees who need to take time off from work to care for family members. California Employment Law Update. While the required curriculum has not changed, SB 1300 introduces the concept of “bystander intervention training” and encourages employers to address the tendency for people to remain silent and refrain from providing assistance or coming forward when they witness harassment of others. In the final days of the 2017 legislative session, California has passed a variety of new employment laws, everything from a statewide “ban the box” law to parental leave for small employers and requirements for how employers respond to immigration worksite enforcement. Employers will now have a harder time prevailing in court on harassment claims due to “statements of legislative intent” in this bill such as saying that harassment cases are rarely appropriate for summary judgement and that single incidents of harassing conduct may be sufficient to give rise to a hostile work environment. The new law now requires that the location be something other than a bathroom, should be close to the employee’s work area, and should generally be a permanent location only used for such purposes. YouTube Spotify RSS Twitter LinkedIn Facebook Instagram VISIT OUR WEBSITE. California Employment Law Updates. And remember, relax™ ‐ We Take the Stress out of HR! Labor & Employment Law Section Executive Committee 2013-2014 McLe Self-Study: Origins and Development of California's Prevailing Wage Requirements and Enforcement Mechanisms* Wage and Hour Update In his first legislative season, California Governor Jerry Brown has signed into law 22 employment-related bills. If an employer can prove that complying with these new requirements represents an undue hardship for their company, the employer may still be able to provide a location that is something other than a toilet stall (such as a bathroom). A Few Quick Employment Law Updates (Moderately California-Related) Join Our Mailing List. In the face of the COVID-19, the Labor & Workforce Development Agency (LWDA) wants to keep workers, employers, co-workers, and families safe. 201 Mission Street, 12th Floor San Francisco, CA 94105 Tel: (415) 983-5960 Fax: (415) 983-5963 . “Local health jurisdictions may be more restrictive than the above guidance.”. That would be a state law requirement as well. December 2015. De Minimum Timekeeping – In another significant ruling last year, the California Supreme Court, in Troester v. Starbucks, rejected the long-standing “de minimus” timekeeping rule. It also allows for a provision, at the claimant’s request, that limits the disclosure of the person’s identity or other facts that could lead to the discovery of the person’s identity. The new ABC test makes it even harder than it was before to treat people as independent contractors. Now, the California Department of Public Health has issued new guidance to local health departments. This year, Governor Brown, while vetoing a number of bills that surprised many of us, did sign a raft of legislation brought on by the #Me Too movement. Dph memorandum ( here ) hour Law that will have significant implications for employers’ practices... In California, california employment law development update wage is $ 11.00 per hour s really hard require... 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