2021 CALIFORNIA EMPLOYMENT LAW UPDATES

(Unrelated to COVID)

AB 1512 - Security Guards – Rest Breaks

Allows employers to require that security guards covered by collective bargaining agreements, and paid at least one dollar more than minimum wage, remain on premises and on call during rest breaks. Effective January 1, 2021.

AB 1731 - Unemployment – Work Sharing

Automates parts of California’s work sharing program.The work share program allows employers to save on payroll costs during economic downturns—but still avoid layoffs—by submitting a plan to the Employment Development Department (EDD) that must meet certain requirements.Effective January 1, 2021.

AB 1864 - Whistleblowing

Prohibits adverse action against employees who have filed any proceeding under the Consumer Financial Protection law. Effective January 1, 2021.

AB 1947 - Statute of Limitations for Wage/Hour Discharge – Discrimination Complaints

Lengthens from six months to one year the statute of limitations for bringing a claim of discriminatory discharge in violation of any law under the jurisdiction of the Labor Commissioner; authorizes attorney’s fees for successful plaintiffs. Effective January 1, 2021.

AB 1963 - Human Resources – Mandated Child Abuse Reporting

Designates Human Resources professionals who work for businesses that employ minors, and employ five or more employees, as mandated child abuse reporters.  Such persons must be given mandated reporting training, and a written statement describing their obligations.  Effective January 1, 2021.

AB 2017 - Protected Time Off – Kin Care

Provides that the designation of sick leave taken for kin care shall be made at the sole discretion of the employee. Effective January 1, 2021.

AB 2143 - Discrimination and Harassment

Clarifies when a no-rehire provision in a settlement agreement regarding harassment, sexual assault, or criminal conduct is permitted.  Expands the sexual harassment/sexual assault exception to also allow no re-hire clauses in situations where the employer determined the employee engaged in any criminal conduct.Requires that the good faith determination of sexual harassment, sexual assault, or any criminal conduct be made and documented before the aggrieved person filed the claim or civil action against the employer, thus preventing employers from operating in bad faith from making an after-the-fact determination of such misconduct.  Requires that the aggrieved person file his/her claim or complaint against the employer in good faith, thus, avoiding the potential for an employee filing an unfounded complaint just to invoke the protections of this law and avoid a no re-hire clause.Effective January 1, 2021.

AB 2399 - Family Temporary Disability Insurance

Expands Family Temporary Disability Insurance (FTDI) program to include absences due to military service of family member.  Effective January 1, 2021.

AB 2992 - Protected Time Off – Crime Victims

Expands leave for victims of domestic violence, sexual assault or stalking to include leave for the victim of any crime that caused physical injury or mental injury with a threat of physical injury.Effective January 1, 2021.

AB 3075 - Report of Wage and Hour Violations

Requires that corporations register with the state information regarding violations of the wage orders or Labor Code. Effective January 1, 2022 or upon certification by Secretary of State that California Business Connect is implemented, whichever is earlier.

AB 3372 - Employment Taxes

Permits any notice or document required to terminate, modify, or release an earnings withholding order for taxes to be served by electronic transmission. Effective January 1, 2021.

SB 973 - Pay Data Reporting

Requires businesses to report to DFEH pay data for various categories of employees.  Effective January 1, 2021.

SB 1383 - CFRA Expansion

Expands California Family Rights Act (CFRA) coverage to employers of five or more employees.  Expands categories of family members covered by CFRA leaves. Effective January 1, 2021.

SB 1384 - Representation of Financially Disabled Persons in Arbitration

Labor Commissioner will represent financially disabled persons when wage claims are referred to arbitration. Effective January 1, 2021.

AB 1281 - Privacy

Grants another one-year extension (until January 1, 2022) of the exclusion of certain Human Resources data from coverage under the California Consumer Privacy Act. Effective January 1, 2021.

 

Regards,

Karen E. Jung

Managing Principal

Jung Law, P.C.

1055 W. 7^th St., 33^rd Floor PH, Los Angeles, CA 90017

Tel. (213) 232-4883, Ext. 204

Email: karen.jung@junglawpc.com