Fall 2020 Employment Law Updates
Employers should take note of these legal changes and notices in California, all of which affect employer responsibilities. While this is not an exhaustive list, we think the following items are especially relevant:
The California State Assembly passed bill AB-1867, which institutes new supplemental paid sick leave for reasons related to COVID-19. Effective September 19, 2020 (and applying retroactively to April 16), the law covers eligible employees who must leave home for their job.
SB-1383, a new California law effective January 1, 2021, will considerably bolster unpaid leave under the California Family Rights Act (“CFRA”). In contrast with some of the other changes we’ve seen in employment law over the past months, this shift is meant to be permanent and will affect employers of all sizes.
The deadline for California employers to hold mandated anti-harassment trainings is coming up on January 1, 2021. The trainings must include one hour for non-supervisory employees and two hours for supervisors.
Governor Newsom recently signed SB-1159, legislation that will make it easier for employees to get workers compensation payments if they contract COVID-19 by making it the employer's burden to prove that transmission did not occur in the workplace.
Governor Newsom also recently signed AB-685, which significantly ramps up employer responsibility to promptly notify employees in the case of COVID-19 exposure.
SB-973 institutes new pay data reporting for non-government employers with 100 or more employees. These employers must now annually provide data to the state, detailing pay data organized by gender, race, and ethnicity.
AB-2017 adjusts California kin care leave, which allows employees to use sick time to care for a family member. The new law says that employees can decide for themselves what constitutes an appropriate use of this leave.
AB-2992 requires that employers offer leave to any employee who was a victim of crime or abuse and needs time to recover.
For businesses that employ minors, AB-1963 makes HR professionals and supervisors mandated reporters of child abuse or neglect. The law requires that those professionals be trained accordingly.
The Department of Labor changed several regulations on the Families First Coronavirus Act (“FFCRA”). Here are two of the notable changes:
Employers may deny certain or all forms of FFCRA leave to health care providers. Initially, the Department of Labor provided a very broad definition of “health care providers.” However, the new guidance limits the kinds of health care providers that employers may deny leave, so that more health professionals are now eligible for FFCRA leave.
Employees no longer have to give employers notice before taking FFCRA leave, as long as they provide notice “as soon as practicable.”
Authors: Diana Maier, Partner, and Penina Eilberg-Schwartz, Project Manager/Paralegal.
The Maier Law Group is a boutique employment and data privacy firm that specializes in conducting workplace investigations, providing executive coaching, training employees, mediating both courtroom and workplace disputes (between two conflicting employees), and advising and counseling employers on HR and data privacy issues.
This article has been prepared for general informational purposes only and does not constitute advertising, solicitation, or legal advice. If you have questions about a particular matter, please contact the Maier Law Group directly at info@maierlawgroup.com.