2021 New California Laws

We have summarized and outlined below the major details regarding some of the significant changes impacting California employers. For more information on any of these new changes that may impact you as an employer, please contact us.

SB 1383: EXPANSION OF CALIFORNIA FAMILY RIGHTS ACT (“CFRA”)

Effective on January 1, 2021, all employers with 5 or more employees must comply with the new amended version of CFRA. Below is a high-level overview of the new changes that will now affect all employers with 5 or more employees. For a detailed discussion of how these changes impact your leave administration, please contact us.

CFRA (California’s version of FMLA) allowed eligible employees to take up to 12 weeks of unpaid, job-protected leave for:

o   Employee’s own serious health condition (pregnancy, birth, and related conditions excluded as Pregnancy Disability Leave laws applies in those circumstances)

o   To bond with the employee’s newly-born child or in connection with the adoption/foster care of a child

o   Care for parent, child, spouse, or registered domestic partner who has a serious health condition.

·       Also worth noting that CFRA expanded the definition of family member to include: Grandparents, Grandchildren, Siblings, Parents-in-law, Domestic partners, Adult children, and Children of domestic partners

AB 1867: EXPANSION OF FFCRA – COVID PAID SICK LEAVE FOR EMPLOYERS WITH 500 OR MORE EMPLOYEES

·       Effective 9/19/2020, all private employers with 500 or more employees nationwide must provide their California employees with paid sick leave for COVID-related absences for California employees

·       Although healthcare employers could exempt themselves from FFCRA coverage, this new paid sick leave law in California also applies to healthcare employees.

·       While FFCRA covers leaves to care for one’s child when schools or childcare providers are closed, this new COVID paid sick leave does not provide leave for childcare reasons

·       Pay for COVID sick leave is capped at $511 per day or $5,1110 in the aggregate

·       Employers are required to display the designated poster at the workplace

AB 1867: SMALL EMPLOYER FAMILY LEAVE MEDIATION PILOT PROGRAM

·       Given expressed concern about the increased litigation risk that small businesses might face if they make a mistake in implementing the new leave requirements, small employers (between 5-19 employees) may, within 30 days of receipt of a DFEH right-to-sue letter, request mediation through DFEH.

·       The employee is not permitted to pursue a civil claim in court until the mediation is complete. This pilot program remains in effect only until January 1, 2024.

AB 685: NOTICE AND REPORTING OBLIGATION FOR COVID WORKPLACE EXPOSURE

·       Effective January 1, 2021 until January 1, 2023

·       Within one business day of learning about a potential exposure based on a positive confirmed case of COVID in the workplace, employers are required to provide a written notice to all employees who were at the worksite within the infectious period who may have been exposed to COVID. 

·       The notice must inform the impacted individuals that they “may have been exposed to COVID-19” and must provided information about benefits to which employees may be entitled under local, state or federal laws, including any paid sick leave or workers’ compensation and must also include anti-retaliation and anti-discrimination statements

·       Employees must also be notified of any disinfection or safety plans the employer plans to implement and complete per CDC guidelines

·       In case of an “outbreak,” employers are also required to meet the reporting requirement to the local health authorities within 48 hours. Outbreak is currently defined as 3 or more laboratory-confirmed cases of COVID within a two-week period among employees who live in different households.

SB 1159: WORKERS’ COMPENSATION – REBUTTABLE PRESUMPTION

·       This new law allows employees working outside of the home to collect workers compensation benefits for illness or injury associated with contracting COVID-19, by creating a rebuttable presumption that the illness was work-related.

·       Unless rebutted by the employer, this presumption creates a compensable injury for purposes of qualifying for workers’ compensation benefits.

·       This presumption applies to any employees who tested positive or was diagnosed with COVID-19 within 14 days after performing services at their place of employment at their employer’s direction if the positive test occurs on or after July 6, 2020 and the positive test occurred during a period of an “outbreak” at the workplace. Outbreak is when any of the following occurs at work within 14 days:

o   Employer has 100 employees or fewer at a specific worksite and 4 test positive for COVID-19.

o   Employer has more than 100 employees at a specific worksite and 4% of the workforce at that worksite test positive.

o   A specific worksite is ordered to close because of COVID-19

AB 1512: SECURITY OFFICERS AND REST PERIODS

·       Effective September 30, 2020 until January 1, 2027, employers of registered private patrol operators may now require certain security officers to not only remain on the premises during rest periods, but to remain on call and carry and monitor pagers, phones, or other communication devices.

·       If their rest period is interrupted, the security officer must be allowed to restart a rest period as soon as feasible.

AB 2257: INDEPENDENT CONTRACTORS AND EXEMPTIONS FROM AB 5

·       This new law clarifies and revised California independent contractor laws.

·       Bona fide business-to-business contracting relationships are exempted from the application of AB 5

·       Industry-specific exemptions from AB5 were added: Content contributors, proofers and record directors, underwriting inspectors, home inspectors, specialized performers hired to teach a class for no more than a week, and individuals contracting to provide services at a single-engagement event.

·       Went into effect on 9/4/2020

SB 973: ANNUAL REPORT (EEO1)

·       Private employers with 100 or more employees required to file the annual EEO-1 report must also submit a report to the DFEH specifying number of employees by race, and sex in certain categories.