Subscribe to HR Dive to get the must-read news & insights in your inbox. This law entitles employees to an additional 30 days of unpaid leave, in addition to 30 days of paid leave already permitted, to donate an organ. A group of freelance journalists. Disability Discrimination (ADA) Discrimination Laws. Numerous new California employment laws are coming your way. requires that work locations have rooms for lactation that are "safe, clean, and free of hazardous materials." 2020 New Laws As the calendar flips to 2020, it's a good time to make sure you are up to date with the new laws, regulations, court cases and agency actions — many of which will affect California … Under California wage and hour law, non-exempt employees must receive a thirty (30) minute lunch or meal break if they work more than five (5) hours in a day. Ask HR, Analyst Report: Managing Better – How HR can Transform Performance Management in 2021, Performance Food Group to pay $5M to settle claims it failed to hire women, The biggest workplace compliance moments of 2020, NIH security contractor will pay $1.6M to settle claim manager complained of 'too many Africans', NYC passes 'just cause' job protections for quick-service restaurant employees. AB-25 offers some clarification as it relates to data collected through the employment process. does not specify arbitration, but rather prohibits companies or people "from requiring any applicant for employment or any employee to waive any right, forum, or procedure for a violation of any provision of the California Fair Employment and Housing Act (FEHA) or other specific statutes governing employment as a condition of employment, continued employment, or the receipt of any employment-related benefit. This link will take you to the Office of Administrative Law (OAL) website, which hosts the California Code of Regulations.. Once you reach the OAL site, look for … For further violations or anything deemed intentional, the penalty is $200 for each violation plus 25% of the wages owed. Industries exempt from the law are mostly in professional services or trades, such as doctors, electricians, independent consultants, architects and accountants. expands on existing labor codes to levy the same penalties for failure to pay minimum wage to companies that pay or cause an employee to be paid "a rate of compensation that is less than set by contract. Want to share a company announcement with your peers? The language of the bill does not specify arbitration, but rather prohibits companies or people "from requiring any applicant for employment or any employee to waive any right, forum, or procedure for a violation of any provision of the California Fair Employment and Housing Act (FEHA) or other specific statutes governing employment as a condition of employment, continued employment, or the receipt of any employment-related benefit. Uber, Postmates and two drivers have, , calling the law unconstitutional. Second, businesses must have appropriate cybersecurity measures to protect sensitive data. The Add to Home dialog box will appear, with the icon that will be used for this website on the left side of the dialog box. AB 2043, another urgency measure that went into effect immediately when signed (which was September 20, 2020), requires Cal/OSHA to disseminate, … California Assemblywoman Lorena Gonzalez, D, who authored the bill, told local news that the Uber lawsuit alleging the law is unconstitutional is "bizarre." says that settlement agreements between an "aggrieved person" and an employer can no longer contain a provision that restricts an employee from obtaining future employment with that employer and any affiliated entities such as franchises or subsidiaries. ", "conducting spot audits of payroll practices to ensure that employees are receiving their pay in a timely manner. California Minimum Wage Effective January 1, 2020 $13.00 per hour for workers at businesses with 26 or more employees. A searchable directory of the comprehensive jurisdictional and local coverage XpertHR offers to help employers ensure they are compliant with US employment laws. California Minimum Wage Law: The minimum wage in California for 2020 is $13 per hour. Industries exempt from the law are mostly in professional services or trades, such as doctors, electricians, independent consultants, architects and accountants. Rooms must also contain a surface to place a pump and personal items. These minimum wages also impact the minimum weekly salary that must be paid for executive, administrative, and professional employees to be exempt to avoid misclassification problems. Follow the instructions below to add a shortcut to a website on the home screen of your iPad, iPhone, or Android devices. In California, the general overtime provisions are that a nonexempt employee 18 years of age or older, or any minor employee 16 or 17 years of age who is not required by law to attend school and is not otherwise prohibited by law … Employers must also provide access to electricity or alternative devices and access to a sink and a refrigerator near the employee's workspace. distinguished lecturer and executive director of Georgetown University Law Center's Workers' Rights Institute and former chair of the National Labor Relations Board, told HR Dive. Wage and Hour Requirements for Specific Industries, Understanding Basic Overtime Requirements, Overtime Exceptions for Specific Industries, Premium Pay for Meal and/or Rest Break Violations, Creating an Alternative Workweek Schedule, Maintaining the Alternative Workweek Schedule, Paying Overtime in an Alternative Workweek, Repealing the Alternative Workweek Schedule, COVID-19: New Federal PSL and Expanded FMLA, Family and Medical Leave Eligibility Requirements, Definitions of Terms Used in Family and Medical Leave, Certification for Family and Medical Leave, Notice Requirements for Employer and Employee, Duration and Timing of Family and Medical Leave, Pay and Benefits During Family and Medical Leave, Return to Work After Family and Medical Leave, Penalties for Violating Family, Medical and Parental Leave Laws, Pregnancy Disability Leave Notice Requirements, Providing Reasonable Accommodation and Transfers, Pay and Benefits During Pregnancy Disability Leave, Penalties for Failing to Comply with Pregnancy Disability Leave Laws, California's Mandatory Paid Sick Leave Law Overview, Employers Covered Under the Mandatory Paid Sick Leave Law, Employee Leaves Employment and Reinstatement, Organ and Bone Marrow Donor Leave Explained, Victims' Leave for Judicial Proceedings Related to the Crime, Leave for Any Proceeding Involving Victims' Rights, Domestic Violence and Sexual Assault and Stalking Victims' Leave, Time Off for Medical Treatment: Employers With 25 or More Employees, Eligibility for Volunteer Civil Service Leave, California Law Defines Retaliation Protections, Federal Laws Define Retaliation Protections, Medical Condition and Genetic Information, Gender, Sex, and Gender Identity and Expression, California's Fair Employment and Housing Act (FEHA), Title VII of the Civil Rights Act of 1964 (Title VII), Age Discrimination in Employment Act of 1967 (ADEA), California Laws Prohibiting Human Trafficking, Immigrant Workers and Discrimination/Retaliation Protections, Health Care Employees and Discrimination Protection, Workers' Compensation and Discrimination Protections, Lawful Conduct Outside of Work and Discrimination Protections, Political Activity and Discrimination Protections, California Codes and Discrimination Protections, Protection for Discussing Working Conditions, Public Assistance and Discrimination Protections, Other Discrimination Related to the Workplace, Filing a Discrimination Claim Under Federal Law, Filing a Discrimination Charge Under State Law, Supervisors not Personally Liable for Discrimination or Retaliation, Claims Filed Under the California Civil Code, Guidelines for Responding to Discrimination Investigations, Managing Company Response to a Discrimination Investigation, Compensatory and Punitive Damages Under Title VII, Limits on Punitive Damages in Discrimination Lawsuits, Bona Fide Occupational Qualification (BFOQ) as a Discrimination Defense, Business Necessity as a Discrimination Defense, Job-Relatedness as a Discrimination Defense, "Reasonable Factor Other than Age" as an Age Discrimination Defense, Security Regulations as a Discrimination Defense, Nondiscrimination or Affirmative Action Plans as a Discrimination Defense, Otherwise Required by Law as a Discrimination Defense, Required State Contractor Reporting Forms, Affirmative Action and Federal Contractors and Subcontractors, State Contractors and Subcontractor Nondiscrimination Programs, Select the Sexual Harassment Investigator, Take Interim Action Pending the Investigation's Outcome, Prepare an Investigation Summary and Retain Files, Defamation Protection After Harassment Complaint, Harassment Prevention Training Requirements for Specific Industries or Individuals, Laws Protecting Employees with Disabilities, Discrimination on the Basis of Genetic Characteristics and Genetic Information, Workplace Injuries and Disability Discrimination, Temporary Workers and Disability Discrimination, "Record Of," "Regarded As" and "Perceived As" Defined, Correctable Impairments May Be Disabilities, "Limits" and "Substantially Limits" Defined, "Qualified Individual With a Disability" Defined, Accommodating Residual Effects of a Disability, Interactive Process for Reasonable Accommodations, Obligations of the Employer in the Interactive Process, Obligations of the Employee in the Interactive Process, Reasonable Accommodation Obligation Is Ongoing, Reassignment as a Reasonable Accommodation, Telecommuting as a Reasonable Accommodation, Extended Disability Leave as a Reasonable Accommodation, Direct Threat to Health or Safety of Others, Direct Threat to Health or Safety of Self, Reasonable Accommodation and Hostile Conduct, Medical Examinations and Inquiries Defined, Recruiting and Advertising and Disability-Related Inquiries, Employee Health and Wellness Programs and Disability-Related Inquiries and Examinations, Applications and Job Tests for People With Disabilities, Medical Examinations and Inquiries Prior to Offer of Employment, Medical Examinations and Inquiries Post-Offer/Pre-Employment, Medical Examinations and Inquiries During Employment, Medical Examinations and Inquiries When the Employee Is an Applicant, Disability Claims, Enforcement and Penalties, Disability Retaliation and Interference Claims, Consistency and Reasonableness in Disciplinary Decisions, Employment Contracts Modify At-Will Employment, Avoiding Wrongful Termination Lawsuits Overview, Understanding Constructive Discharge Claims, Avoiding Public Policy Violations Overview, Holding Corporations Liable for Wrongful Termination, Providing the For Your Benefit Pamphlet (Form DE 2320), Termination Notice and Unemployment Insurance, Provide a Statement of Reasons for Termination, Providing References for Former Employees, Exceptions to the 60-Day WARN Notice Requirement, Temporary Exception to WARN Act for COVID-19 - Coronavirus, Qualifying Events and Extending COBRA Coverage, COBRA Coverage Must Equal Active Employees Coverage, Converting a Group Policy to an Individual Policy, Injury and Illness Prevention Program (IIPP), Work Surfaces, Control Devices and Emergency Equipment, Recording Work-Related Injuries and Illnesses. Hecht, Matt. Minimum Wages As opposed to the Federal minimum wage of $7.25 per hour, effective Jan. 1, 2020, California’s minimum wage is $12.00 per hour for employers with 25 or fewer employees and $13.00 per hour for employers with 26 or more employees. AB 25 – One-Year Exemption for Certain Applicant- and Employee-Related Data under the California … There are three main points to AB-25 that are relevant to the start of 2020. These updates are organized by topic below to help you understand your responsibilities and learn how they will impact your business. Throu… Housing. First, disclosures extend to personal information collected from job applicants, employees or contractors. This premium content is for our members. Discover announcements from companies in your industry. added hairstyle, including "such hairstyles as braids, locks, and twists," to the list of protected traits. This includes the right to request disclosure of the specific kinds of personal information a company has collected and to have information deleted. The law also states a limit on the number of "submissions" a freelancer can contribute in a year and also defines what constitutes a submission. California has finalized all new employment laws for 2020. With the new year, the state minimum wage became $13.00 per hour for employers with 26 or more employees and $12.00 per hour for employers with 25 or fewer employees. The training must be provided within six months of hire or within six months of the assumption of a supervisory position. Tap the menu icon (3 dots in upper right-hand corner) and tap Add to homescreen. Perform work that is outside the usual course of the hiring entity's business. Additionally, the state's salary threshold of overtime exemption is now $54,080 for employers with 26 or more employees and $49,920 for employers with 25 or fewer employees. Minimum wage increase Although not part of the 2019 legislation, effective January 1, 2020, the California state minimum wage will increase to $13.00 per hour for employers with 26 or … Employers with five or more employees must provide at least two hours of training on sexual harassment to anyone who manages other employees and at least one hour of training to "nonsupervisory" employees by Jan. 1, 2021. SB 688 expands on existing labor codes to levy the same penalties for failure to pay minimum wage to companies that pay or cause an employee to be paid "a rate of compensation that is less than set by contract. Employers with fewer than 50 employees may seek a hardship exemption. Companies may want to have their arbitration agreements reviewed and updated if necessary.". Vox Media, for example, recently, laid off all California-based freelancers. Our legislative presence at the State Capitol means we know California employment laws … Determining Exempt or Nonexempt Employee Status, Commissioned Inside Sales Employee Exemption, National Service Program Participant Exemption, Deductions From an Exempt Employee's Salary, Physical Examinations Prior to Employment, Drug and Alcohol Tests For Applicants and Employees, Obtaining Applicant and Employee Credit Reports, Obtaining Background Checks and Investigations by Employers, Restrictions on Obtaining Criminal History, Investigating Employee Wrongdoing or Harassment, Verifying Eligibility for Employment and Establishing Identity, Worksite Immigration Enforcement and Protections, Penalties for Incorrectly Employing Minors, Same-Sex Spouses and Domestic Partner Benefits, Health Insurance Portability and Accountability Act (HIPAA), Employee Retirement Income Security Act (ERISA), Wages Subject to Unemployment Insurance Taxes, Employers Subject to the Unemployment Insurance Tax, Responding to Unemployment Insurance Claims, Combining Unemployment Insurance With Other Benefits, State Disability Insurance and Paid Family Leave, State Disability Leave/Paid Family Leave Comparison, Coordinating State Disability Insurance With Other Benefits, Employment Covered by State Disability Insurance, Filing a State Disability Insurance Claim, State Disability Insurance Benefit Payments, State Disability Insurance, Paid Family Leave, Transfers and Reinstatement, Complying with State Disability Insurance and Paid Family Leave Laws. 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