Under the new law, if a security officer's on-duty rest period is interrupted (i.e., the officer is called upon to return to performing the active duties of their post prior to completing the rest period), the officer must be permitted to restart the rest period as soon as practicable. 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. If we have to take it to court, we will.”. 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. This bill amends sections 6325 and 6432 of the Labor Code and adds section 6409.6 to the Labor Code. Finally, should the employee be on a COVID-19 Supplemental Paid Sick Leave while the law expires, the employee is allowed to finish taking the amount of leave. AB 2147 allows certain individuals with criminal convictions who have been released from custody and completed the California Conservation Camp program to have their convictions expunged. This bill adds section 1203.4b to the Penal Code. As for AB 5, he added, “We are agnostic. “The business community will be aggressively pursuing further exemptions.”. Asking price: $59.5 million. 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. AB 2017 provides that when an employee takes sick leave to attend to the illness of a family member, the designation of sick leave is at the sole discretion of the employee. Reuse Request. This bill amends Sections 230 and 230.1 of the Labor Code. Disability Discrimination (ADA) Discrimination Laws. For purposes of determining whether the employer has 500 or more employees in the United States, this bill incorporates the definition used by the FFCRA. The two exemptions would otherwise sunset at the end of 2020. But many trucking companies have found it cheaper to pay the fines rather than hire the workers as employees. To embed, copy and paste the code into your website or blog: Your first step to building a free, personalized, morning email brief covering pertinent authors and topics on JD Supra: [HOT] Read Latest COVID-19 Guidance, All Aspects... [SCHEDULE] Upcoming COVID-19 Webinars & Online Programs, [GUIDANCE] COVID-19 and Force Majeure Considerations, [GUIDANCE] COVID-19 and Employer Liability Issues. The Recording Industry Assn. Meanwhile, Hermida is not giving up. The worker performs work outside the usual course of the hiring entity’s business. 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 adds Section 77.8 to the Labor Code and repeals Sections 3212.86, 3212.87, and 3212.88 of the Labor Code. Now, as investors scour the market for the great reflation play, they’re hot again. Under current law, an employer may not enter into an agreement that restricts an “aggrieved person” from working for the employer against which the “aggrieved person” has filed a claim. Now what? To meet clean-air regulations, trucking companies forced drivers to purchase new trucks beginning in 2008 rather than assume the expense. NBA’s Austin Croshere scores a brand-new build in Santa Monica. If they missed payments, some companies reclaimed the trucks and fired the drivers, seizing their equity. This bill amends Section 1279.5 of — and adds Section 1279.6 and Section 1279.7 to — the Unemployment Insurance 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. Home of the Week: A regal retreat with presidential ties. AB 1947 extends the period of time for employees who believe that they have been discharged or otherwise discriminated against in violation of any law enforced by the Labor Commissioner to file a complaint with the Division of Labor Standards Enforcement from six months to one year. Build a Morning News Brief: Easy, No Clutter, Free! Some attorneys also suggest that the law could gut so-called loan-out corporations, which many entertainment industry workers set up for tax purposes. The new law addresses the “employment status” of workers when they are claimed to be an independent contractor and not an employee. She and other musicians visited the state Capitol to protest the law, she said. As a reminder, the minimum wage in California is increasing to $14.00 per hour on January 1, 2021, for employers with 26 or more employees based on previous legislation signed by Governor Brown in 2015. California labor and employment law overview including: EEO, Diversity and Employee Relations, Recruiting and Hiring, Wage and Hour, Pay and Benefits, Time Off and Leaves of Absence, Health and Safety, and Organizational Exit. Employers who operate petroleum facilities must also include, as part of the itemized wage statement they are required to furnish pursuant to Section 226(a) of the Labor Code the total hours or pay owed to an employee covered by Section 226.7 on account of a missed rest period. The law codifies and expands on an April 2018 California Supreme Court decision that set a strict new test for employers. The new law amends Section 98.4 of the Labor Code, which previously provided only that the Labor Commissioner could represent indigent claimants in de novo proceedings (appeals of Labor Commissioner wage claim awards). This bill also extends COVID-19 Supplemental Paid Sick Leave to non-food sector employees such that sick leave must be provided to all employees who leave their homes or place of residence to perform work and who work for employers that have 500 or more employees nationwide. 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. 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. 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. Labor Laws. A rest period is not interrupted simply because the officer must remain on the premises, remain on call and alert, and/or monitor a radio or other communication device. This bill addresses employees who get sick or injured due to COVID-19 on or after July 6, 2020, and creates a presumption that any COVID-19 related illness of an employee was presumed to arise out of and in the course of employment for purposes of awarding workers’ compensation benefits if all of the following requirements were satisfied: (a) the employee tested positive for or was diagnosed with COVID-19 within 14 days after a day that the employee performed labor or services at the employee’s place of employment at the employer’s direction; (b) the day referenced in paragraph (a) on which the employee performed labor/services was on or after March 19, 2020; (c) the employee’s place of employment was not the employee’s home; and (d) if the employee was diagnosed (not tested), as provided in paragraph (a) above, the diagnosis was done by a physician who holds a physician and surgeon license issued by the California Medical Board and that diagnosis is confirmed by further testing within 30 days of the date of the diagnosis. 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