; Employment Law Subject Matter Expert/Legal Writer and Editor, CalChamber. Instead, those exempted industries/professions were to continue to be subject to the factors articulated by the California Supreme Court in 1989 in Borello & Sons, Inc. v. Department of Industrial Relations and other contractor classification criteria in the statute. In Santa Monica, former NBA player Austin Croshere just shelled out $4.6 million for a newly remodeled modern farmhouse. The EO is effective immediately. As for AB 5, he added, “We are agnostic. Click here to read more about how we use cookies. This bill repeals sections 12954.6 and 12945.2 of the Government Code and instead implements a new CFRA under section 12945.2. © Faegre Drinker Biddle & Reath LLP var today = new Date(); var yyyy = today.getFullYear();document.write(yyyy + " "); | Attorney Advertising. “Being an employee wouldn’t allow me to be as creative,” she said. Existing law prohibits employers from discharging — or discriminating or retaliating against — employees who are a victim of domestic violence, sexual assault or stalking, for taking time off from work to obtain or attempt to obtain relief to help ensure the health, safety or welfare of the victim or victim’s child. “We just need an exemption.”. But many trucking companies have found it cheaper to pay the fines rather than hire the workers as employees. 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. October 15, 2020 | From HRCalifornia Extra by James W. Ward, J.D. “I’m not going to adapt my business to this law,” she said. SB 1384 extends the authority of the Labor Commissioner to represent claimants who cannot afford counsel in arbitrations; requires that petitions to compel arbitration pursuant to specified statutes be served on the Labor Commissioner; and allows the Labor Commissioner to represent claimants in proceedings to determine whether arbitration agreements are enforceable. The two exemptions would otherwise sunset at the end of 2020. SB-1383 expands the California Family Rights Act (“CFRA”) and the New Parent Leave Act (“NPLA”) to make it an unlawful employment practice for any employer with five or more employees to refuse to grant a request by an employee to take 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, … In Beverly Hills, an English-inspired estate designed by White House decorator Michael Smith boasts three acres of style. This bill amends sections 3302 and 3307 of the Unemployment Insurance Code. More than any of the others, two new laws taking effect Jan. 1, 2021, and one already in effect, need the special attention of California small-business owners who will be required to comply with them – and absorb their associated costs. In addition, on August 14, 2020, the California Attorney General announced that the state’s Office of Administrative Law (OAL) had approved the CCPA implementing regulations, which became effective immediately. But most independent contractors — whether they have their own [permits] or not, want to remain independent. In addition, an employer must comply with the notice and paystub requirement previously established under the California Healthy Workplaces, Healthy Families Act of 2014 (HWHFA). Unlawful Employment Practices During the COVID-19 Pandemic 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. While federal employment laws set the minimum requirements that your employer must follow, California gives you many additional rights and benefits under state law. If a security officer is not permitted to take an uninterrupted rest period of at least 10 minutes for every four hours worked or major fraction thereof, the security officer must be paid one additional hour of pay at their regular base hourly rate. For the best part of a decade, commodities have been deeply out of fashion. Payday Requirements. But the company’s policy is now “if they want to haul with us, they have to have their own LLC,” Kerwin said. Uber and Lyft got their way in California, with voters supporting their Proposition 22 ballot measure. Specifically, under SB 826, by December 31, 2021, any California-based publicly held corporation with six or more directors must have at least three female directors on its board; if the number of directors is five, then at least two must be women; and if the number of directors is four or fewer, then the corporation must have at least one female director. Should the FFCRA be extended, the COVID-19 Supplemental Paid Sick Leave will also be extended to track the end date of the FFCRA. Thus, employers who… These conditions include: the mass layoff, relocation or termination must be caused by COVID-19-related “business circumstances that were not reasonably foreseeable at the time that notice would have been required”; the employer otherwise providing notice to affected employees in compliance with the CA WARN Act; and the notice satisfying other specific requirements identified in the Executive Order and guidance issued by the Department of Industrial Relations, Division of Labor Standards Enforcement and the Employment Development Department. To meet the duties test, the employee must be primarily engaged in an occupation that is commonly recognized as a learned or artistic profession and must customarily and regularly exercise discretion and independent judgment about the performance of his/her duties. 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. Commodities are back in fashion as investors get ready for boom. If you’re a California employee, you benefit from some of the most protective employment laws in the nation. In Los Angeles County, at least 45 children have been diagnosed with the rare multisystem inflammatory syndrome, known as MIS-C, and one child has died. 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. At Beck Law, our aggressive employment team will go to the mat for our clients in Sonoma County, Mendocino County, and Lake County California discrimination cases. Upon completion of the documents in the claim packet, the EDD must establish an unemployment insurance claim pursuant to applicable requirements. Such employers will also be required to grant up to 12 workweeks of protected leave during any 12-month period due to a qualifying exigency related to the covered active duty or call to covered active duty of an employee’s spouse, domestic partner, child or parent in the Armed Forces of the United States. 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. Seizing their equity, California Governor Gavin Newsom signed several laws impacting California employers forced... The hiring entity ’ s Austin Croshere just shelled out $ 4.6 million for a confidential.. 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