Several changes have taken place in California\nduring the first few months of 2020. The pandemic has non-essential workers\nstaying at home for as long as it is deemed necessary. While coronavirus has\ntaken over the media and people’s lifestyles, there have also been several\nchanges to employment laws. You may not even realize these changes to\nCalifornia employment laws have taken place.<\/p>\n\n\n\n
What changes have already taken place? Are any\nchanges to employment laws still coming up? Here’s what you need to know about\nlaws that may be impacting you.<\/p>\n\n\n\n
The #MeToo scandals took the nation by storm\nin 2019. As a result, better protections were put into place for men and women\nwho want to file discrimination complaints. Under former laws, employees had a\nyear to file a discrimination complaint. Under the changes in California\nAssembly Bill 9, employees now have up to three years to file a claim.<\/p>\n\n\n\n
Under California Assembly Bill, employers who\nclaim to hire independent contractors must prove the workers meet the\nrequirements to be classified as independent contractors. These requirements\nare known as the \u201cABC Test\u201d and include:<\/p>\n\n\n\n
If an independent contractor is required to\nwork for the company in a way that goes against the ABC Test, that worker is an\nemployee and not an independent contractor and must be employed with the legal\nhourly wage and benefits.<\/p>\n\n\n\n
Senate Bill No. 142 was approved on October\n10, 2019. Current laws require employers to give qualifying employees at least\none rest period during a workday. For women who need to express their milk\nbecause they’re breastfeeding, the old law required them to provide use of a\nprivate room, other than a bathroom, in order to do that. Employers who violate\nthat faced a $100 civil penalty.<\/p>\n\n\n\n
The new bill requires employers with 50 or\nmore employees to provide a clean lactation room that’s equipped with a sink\nand refrigerator. The room must have a table or desk with space for personal\nitems and a breast pump. It has to have a chair and be safe from any hazardous\nmaterials. Employers cannot discriminate against women who request special\naccommodations. If the room is used for other purposes, a woman’s need to\nexpress her milk always takes top priority over other purposes.<\/p>\n\n\n\n
More than 40,000 workers who provide child\ncare to families receiving state assistance are now allowed to negotiate for\nfair wages and healthcare benefits with the California Human Resources\ndepartment. It allows unions to represent child care workers.<\/p>\n\n\n\n
Under current California employment laws,\norgan donors receive up to 30 days of unpaid leave. The new law went into\neffect on January 1, 2020. Employees who are organ donors now receive an\nadditional 30 days maximum under California Assembly Bill 1223. To qualify,\nemployees must provide medical paperwork verifying that the organ donation is\nmedically necessary.<\/p>\n\n\n\n
Last July, California’s Governor Newsom signed\nthe CROWN Act into law. This act is an addition to discrimination laws. The new\nlaw protects people from discrimination due to their hairstyles. People who\nwear specific hairstyles like braids, locks, or twists are protected. It also\nprotects people with natural hair textures that some people discriminate against.\nEmployers can no longer demand an employee shave off locks or braids to get a\njob.<\/p>\n\n\n\n
California has whistleblower protections in\nplace for many employers and situations. One that took place in 2020 covers patients’\nrights advocates from having to disclose confidential information to legal\nentities or government agencies. If the patients’ advocate feels the\ninformation could jeopardize a patients’ rights, the employee doesn’t have to\nreveal anything and is free of retaliation for making that decision.<\/p>\n\n\n\n
Employers cannot force their employees to go\nthrough arbitration. If an employee refuses to sign an arbitration agreement,\nthe employer cannot fire or threaten the employee. Employees have the right to\nseek legal advice outside of the company’s legal or HR department.<\/p>\n\n\n\n
When Senate Bill 826 was enacted in 2019,\npublicly traded companies had to have at least one woman on their board of\ndirectors by January. This is the first part of this bill. Companies with five\ndirectors must have two women on their boards and those with six must have\nthree women. Companies that fail to meet these requirements can be fined up to\n$100,000.<\/p>\n\n\n\n
First responders see a lot of alarming\nsituations in their careers. Senate Bill No. 542 allows for first responders\nlike firefighters or police officers the right to seek workers’ compensation\nwhen they’re suffering from PTSD. For now, this law remains in place through\nJanuary 1, 2025. There is the chance it will be extended, but for now, this\nemployment law change is set to last for five years.<\/p>\n\n\n\n
Effective January 1, 2020, the minimum wage\nincreased to $12 an hour for companies with 25 employees or less. For companies\nwith more than 25 employees, the hourly minimum wage increased to $13 an hour.\nEach year, the minimum wage increase will go up by another $1 per hour ending\nin 2023 when it’s at $15 an hour. If an employer refuses to pay the new minimum\nwage, you can file a claim with the Division of Labor Standards Enforcement or\nseek an attorney who specializes in employment law.<\/p>\n\n\n\n
The attorneys at Shegerian Conniff specialize\nin several areas of law. From sexual harassment complaints to unlawful\nterminations, we’re happy to discuss your situation and help you understand\nyour rights. We’re here for you 24\/7. Request your free, confidential\nconsultation by calling 310-322-7500<\/a> or completing the online \u201cContact Us\u201d\nform.<\/p>\n","protected":false},"excerpt":{"rendered":" Several changes have taken place in California during the first few months of 2020. The pandemic has non-essential workers staying at home for as long as it is deemed necessary. While coronavirus has taken over the media and people’s lifestyles, … Continue reading