Hiring workers as employees rather than contractors can add 20% to 30% to labor costs, given Social Security and Medicare taxes, unemployment and disability insurance, workers’ compensation, sick leave, minimum wage, overtime, rest breaks and protections against discrimination and sexual harassment. AB 2143 amends Code of Civil Procedure section 1002.5 to specify the circumstances under which an agreement to settle an employment dispute may include a provision that prohibits a settling party from working for the employer again (sometimes known as a “no-rehire” provision). Tesla slides on its first day of trading on S&P 500 index. My Firm’s webinar will take place on Friday October 2, 2020 at 10 a.m. PDT (registration is here and more information below). Per the Executive Order, Cal. California lawmakers rewrote the rules of employment across a wide swath of industries Wednesday in legislation that could grant hundreds of thousands … This month, California Gov. This bill amends Section 226.75 of the Labor Code. AB 979 builds on SB 826, passed in 2018, which mandated that any publicly held corporation whose principal executive offices (according to the corporation’s SEC 10-K form) are in California place at least one female director on its board by December 31, 2019. Administers the Job Service, Unemployment Insurance, Disability Insurance, Workforce Investment Act, and Welfare-to-Work programs and handles the audit and collection of employment taxes and maintains employment records for more than 19 million California workers. Law Firms: Be Strategic In Your COVID-19 Guidance... [GUIDANCE] On COVID-19 and Business Continuity Plans. You are also entitled to a 10-minute uninterrupted, duty-free rest breaks for every… Read More “After 30 minutes, you become exponentially less precise.”. That report must be made to the carrier by October 17, 2020. Under the new law, when a nonexempt employee covered by Section 226.7 of the Labor Code is affirmatively required to interrupt their rest period to address an emergency, the employer must authorize the employee to take another rest period reasonably promptly after the circumstances that led to the interruption have passed. 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. Paid Family Leave will include time off for participation in a qualifying exigency related to the active duty or call to active duty of an individual’s spouse, domestic partner, child or parent in the Armed Forces of the United States. “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. of Independent Music and the Music Artists Coalition in an open letter, suggesting that musicians were being treated “like Uber and Lyft executives rather than their drivers.”. The EO is effective immediately. Tesla’s inclusion in the S&P 500 prompted a rush of last-minute buying of its shares by institutional investors, but the automaker’s stock lost value Monday. Gavin Newsom signed a trio of new COVID-19-related employment laws. SB 826 also imposed minimum seat requirements that must be filled by women — proportional to the total number of seats — by December 31, 2021. The bill also requires the Employment Development Department to provide DFEH, upon its request, as specified, with the names and addresses of all businesses with 100 or more employees and authorizes the DFEH to seek an order requiring non-reporting employers to comply with SB 973. This bill repeals Labor Code section 2750.3, adds section 2775 through 2787 to the Labor Code, and amends and adds several sections of the Revenue and Taxation Code. Unfair ratings cost some Instacart shoppers hundreds a week. To makes things endlessly confusing and hard for California employers to keep up with, this week, Governor Newsom issued an Executive Order (EO) changing the quarantine requirements of the Cal/OSHA emergency regulations that just took effect November 30. Covered employers are required to provide COVID-19 Supplemental Paid Sick Leave until December 31, 2020, the same date that the FFCRA is set to expire. Lawmakers should care anyway. “That’s the part you read about in the press. Margot Roosevelt covers California economic, labor and workplace issues for the Los Angeles Times. AB 2399 will revise defined terms for paid family leave purposes and include a definition of “military member.”. This reporting requirement applies regardless of whether you believe the employee contracted COVID-19 at work. The written report must include the same information, except instead of reporting the information in item 4 above, the employer must calculate the highest number of employees who reported to work at the specific place of employment between July 6 and September 17. All employers with operations in California should be aware of these new laws, understand how these laws may affect their operations and consult with counsel to address any compliance questions. For media inquiries, contact us at 916-654-9029 or by email.. To request information through the Public Records Act, visit Public Records Request.. Ryan Faughnder is a film business reporter for the Los Angeles Times’ Company Town, covering the major Hollywood studios, including Walt Disney Co. He points to SOS International, a Virginia company tapped by the federal government to provide interpreters in immigration courts. The EDD Media Services office provides the latest news releases and information for English- and Spanish-language media. “Something like this definitely has the propensity to affect lower-budget films,” said Los Angeles-based business litigator Jordan Matthews of the firm Weinberg Gonser, who previously worked as a film financier and producer. Labor leaders argue that workers deserve those benefits, and they hope to organize newly classified employees — since independent contractors may not join unions under federal law. 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. However, some entertainment lawyers say the law could affect smaller productions, including those in the growing digital video business, and post-production houses that aren’t governed by union contracts and use independent contractors. By combating wage theft, protecting workers from retaliation, and educating the public, the Labor Commissioner’s Office helps put earned wages into workers’ pockets and helps level the playing field for law-abiding employers. Gavin Newsom on Friday signed a law that would give judges a say on whether to list someone … 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. Build a Morning News Brief: Easy, No Clutter, Free! Eligible employees are entitled to paid sick leave based on whether they are considered full-time or part-time. Entertainment industry unions, including the Screen Actors Guild‐American Federation of Television and Radio Artists and the International Alliance of Theatrical Stage Employees, Moving Picture Technicians, Artists and Allied Crafts, argue that the law won’t have a significant effect. Employers must provide a similar written report to their workers’ compensation carrier for any positive test that occurred between July 6, 2020, and September 16, 2020. A petition to compel arbitration of a claim that is pending under Section 98, 98.1 or 98.2 must be served on the Labor Commissioner. As for AB 5, he added, “We are agnostic. Golden State Logistics, a Rancho Dominguez company with 40 independent contractors, is one company pushing its workforce to be more self-sufficient. “We are not the ‘gig economy’ workers AB 5 is designed to protect, but rather highly trained and skilled professionals,” they wrote. 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. The Labor Commissioner must represent the claimant in arbitration if the claimant is financially unable to afford counsel and if the commissioner determines, upon conclusion of an informal investigation, that the claim has merit. 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. This Friday’s Five is a quick overview of about AB 685 and SB 1159, and information about my firm’s webinar reviewing key California employment laws signed by the Governor (and other employment law updates). 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. Asking price: $59.5 million. The worker performs work outside the usual course of the hiring entity’s business. 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. Such employers will be required to grant employees 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, parent, grandparent, grandchild, sibling, spouse, or domestic partner. The law codifies and expands on an April 2018 California Supreme Court decision that set a strict new test for employers. Specific place of employment means the building or facility where the employee performs work at the employer’s direction and does not include the employee’s home or residence. Carriers are also counting on the Legislature to revisit the issue next year and at least create an exemption for independent contractors who clearly have their own separate businesses and can carry loads for multiple companies. 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. AB 685 also imposes reporting obligations on employers who are notified of a COVID-19 outbreak, as defined by the CA Department of Public Health. A “qualifying individual” is a person who: 1) has a laboratory-confirmed case of COVID-19; 2) has a positive COVID-19 diagnosis from a licensed health care provider; 3) has been ordered to isolate due to COVID-19; or 4) has died due to COVID-19. Operates a business in the same industry and the business has an owner, partner, officer or director who is an immediate family member of any owner, partner, officer or director of the predecessor employer. 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. This bill adds section 1720.8 to the Labor Code. Browse All Law News Topics » ... Due to this classification, California’s employment and labor laws (and protections) do not apply to app-based drivers. and its 60-day notice requirement for an employer that orders a mass layoff, relocation or termination at a covered establishment. © Faegre Drinker Biddle & Reath LLP var today = new Date(); var yyyy = today.getFullYear();document.write(yyyy + " "); | Attorney Advertising. AB1281, which amends Section 1798.145 of the Civil Code and was approved by Governor Newsom on September 29, 2020, extends the exemptions under the California Consumer Privacy Act (CCPA) for personal information collected and shared in the employment and business-to-business contexts through December 31, 2021, if the California Privacy Rights and Enforcement Act (CPRA) — which is on the November 3 ballot and contains the same extensions, but through 2022 — does not pass. AB 3075 expands the information corporations must include in the corporation's statement of information filed with the California Secretary of State. To address this, Proposition 22 … “We just need an exemption.”. Should the FFCRA be extended, the COVID-19 Supplemental Paid Sick Leave will also be extended to track the end date of the FFCRA. Prop 22 will exempt these and other “gig economy” companies from a law … This program expires as of January 1, 2024. To meet the salary test, the employee must be paid on a salary basis and receive a monthly salary equivalent to no less than two times the state minimum wage for employment in which the employee is employed for at least 40 hours per week. For all that, she relies on gig workers, including backup musicians, recording engineers and singers she pays on a per-session basis. As noted in our prior alert, the bill authorizes DFEH to oversee the collection of pay data and to share information of alleged pay discrimination with the agency responsible for enforcing the California Equal Pay Act, the Division of Labor Standards Enforcement (DLSE), to coordinate enforcement. Code §§ 1400, et seq.) Just a few hundred are classified as employees, despite a decade-long organizing campaign by the International Brotherhood of Teamsters. But most independent contractors — whether they have their own [permits] or not, want to remain independent. “For far too long, big corporations skirted their responsibility to provide basic protections to workers,” said Art Pulaski, executive secretary-treasurer of the California Labor Federation. Specifically, AB 3075 requires a corporation to include whether any officer or director, or in the case of a limited liability company, any member or manager, has an outstanding final judgment issued by the Division of Labor Standards Enforcement or a court of law, for which no appeal therefrom is pending, for the violation or provision of the Labor Code. of America and groups that represent artists and indie labels said AB 5 would treat independent musicians as employers when they hire sound mixing engineers or pay a trombonist to play a hook on a new track, for example. Overtime. 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. Faced with what officials describe as the largest fraud scheme against taxpayers in state history, the state Employment Development Department is scrambling to fix past mistakes as prosecutors, government auditors and legislators say their early warnings about vulnerabilities in the unemployment benefit system went unheeded. This bill amends section 233 of the Labor Code. California law requires that generally no less than the general prevailing rate of per diem wages be paid to workers employed on public works. Disability Discrimination (ADA) Discrimination Laws. Here’s what’s happening. Small Employer Family Leave Mediation Pilot Program: The California Department of Fair Employment and Housing (DFEH) has, among other things, the power to investigate, mediate and prosecute complaints by employees or former employees under FEHA. This bill amends Section 1002.5 of the Code of Civil Procedure. LAUSD students will remain in distance learning when the next semester opens Jan. 11. Employees must be compensated separately for non-course related work on behalf of the employer, which shall not affect the employee's classification as an exempt employee. Much of film and TV work, at least for major studios and production companies, is covered under collective bargaining agreements, with workers classified as payroll employees. Modeled after the federal EEO-1 Component 2 collection form, the state pay data report requires employers to collect aggregate W-2 earnings and report the number of employees in each of the 12 pay bands (spanning from $19,239 and under to $208,000 and over) for the 10 broad job categories (executive or senior-level officials and managers; first or mid-level officials and managers; professionals; technicians; sales workers; administrative support workers; craft workers; operatives; laborers and helpers; and service workers), classified by race, sex and ethnicity. This means that employers no longer have a “15-day window” to respond to the notice with evidence to support their defense before a citation can be issued. If you’re a California employee, you benefit from some of the most protective employment laws in the nation. The California Labor Commissioner has published useful FAQs to assist employers. Meanwhile, Hermida is not giving up. Employee trucking jobs pay about $29 an hour, he said. AB 2765 expands the definition of “public works” for these purposes to include any construction, alteration, demolition, installation or repair work done under private contract on a project for a charter school when the project is paid for with the proceeds of certain bonds. “While changes in technology have made it possible for artists to remain independent and create music on their own terms, this law will force them to make that music outside of California,” wrote the RIAA, the American Assn. “They use the company’s permits and the company tells them how much they’re going to pay them, and they can’t go move a load for any other company.”, With his own permits and insurance, Estrada, 40, nets about $6,000 a month, enough to pay his $3,500 a month home mortgage. The new law also adds a section to the California Labor Code which provides that a successor employer is liable for any wages, damages and penalties owed to any of the predecessor employer's former workforce pursuant to a final judgment, after the time to appeal therefrom has expired and for which no appeal therefrom is pending, if the successor employer meets any of the following criteria: This bill amends Section 1205 of and adds Section 200.3 to the Labor Code and amends sections 1502, 2217 and 17702.09 of the Corporations Code. “Working part time for myself, I can make $100,000 a year,” she said — more than the roughly $85,000 that full-time employees can earn. Prior to AB 2479, the exemption was set to expire by January 1, 2021. “I have to get session players, pay someone to do my marketing, make a music video, do a tour. For the best part of a decade, commodities have been deeply out of fashion. In enacting AB 1512, the Legislature recognized that security officers must be able to respond to emergency situations without delay and call for assistance from police, fire or ambulance services when necessary. “There’s bad players in every industry,” said Paul Kerwin, a Golden State Logistics vice president. Copyright © var today = new Date(); var yyyy = today.getFullYear();document.write(yyyy + " "); JD Supra, LLC. “We had the foresight to see which direction California was going,” Kerwin said. ; Employment Law Subject Matter Expert/Legal Writer and Editor, CalChamber. The Limits of Employment at Will. What qualifies as an outbreak depends on the size of the employer. Executive Order N-62-20 covered all California employees who worked at a jobsite outside their home at the direction of their employer between March 19 and July 5, 2020. “The California labor movement will be laser-focused on implementing and enforcing AB 5.”. Paul Kerwin, vice president of Golden State Logistics, a Rancho Dominguez company with 40 independent contractors. But the company’s policy is now “if they want to haul with us, they have to have their own LLC,” Kerwin said. The California Labor Commissioner has published useful FAQs to assist employers. Upon completion of the documents in the claim packet, the EDD must establish an unemployment insurance claim pursuant to applicable requirements. It repeals Labor Code section 2750.3 which was enacted as a result of AB 5 and adds new sections 2775 through 2787 of the Labor Code. This bill adds Section 515.7 to the Labor Code. The California Labor Commissioner’s Office promotes economic justice through robust enforcement of labor laws. Child Labor Laws. Uber, Lyft likely violated California labor law, appeals court finds Cyrus Farivar 10/23/2020 'Changed our lives': Tennessee baby born from 27-year-old frozen embryo breaks record The new law also adds a section to the Labor Code which specifically provides that Cal/OSHA can shut down or prohibit operations at a worksite when, in the opinion of Cal/OSHA, a worksite or operation “exposes workers to the risk of infection” of COVID-19 so as to constitute an imminent hazard. Individuals who have been convicted of certain crimes, including murder and rape, are automatically ineligible for this relief. AB 1731 creates an alternative, expedited process by which employers may apply to and participate in California's work-sharing program. The worker is customarily engaged in an independently established trade, occupation, or business of the same nature as the work performed. Employees, despite a decade-long organizing campaign by the federal Government to provide interpreters in courts... 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