Update: Employers in California may continue to use mandatory arbitration agreements as a condition of employment following a decision issued Feb. 15, 2023, by the Ninth Circuit Court of Appeals
Employers in California can now visit a single website to help them understand their requirements under a new law that further restricts their ability to classify their workers as independent contractors. Launched late last year by the California Labor & Workforce Development Agency, the website provides employer-specific resources and FAQ summarizing AB 5 and the ABC test and more.
Start your new year on the right foot by auditing your human resources systems and records. To diminish the possibility of legal issues and to ensure that your practice seeks to comply with labor and employment laws, it is important to perform an HR audit. An audit can include timekeeping and wage statements and all of the following.
Protections for nursing mothers in California were significantly expanded under a bill signed into law in October by Gov. Gavin Newsom. Senate Bill 142 clarifies employer obligations to provide breaks and safe, private locations that include specified accommodations. The bill increases penalties for noncompliance and requires that employers implement a written lactation accommodation policy beginning Jan. 1, 2020.
With planned power shut-offs developing across California in attempt to avoid wildfires, employers are wondering how they are to compensate their nonexempt employees when businesses are unable to be open for work due to power failures. Employers generally are obligated to pay “reporting time pay” to hourly employees when these employees are required to report for work and aren’t provided at least half of their usual hours for the day.
Beginning Jan. 1, 2020, it will be more difficult for most employers in California to classify workers as independent contractors, rather than employees, and in some cases will make employees out of independent contractors. And although CDA secured an exemption for dentists, employee classification still isn’t clear-cut, and dentists will need to err on the side of caution when classifying their workers.
Gov. Gavin Newsom has signed a new bill extending the deadline for sexual harassment prevention training. Under SB 778, employers with five or more employees now have until Jan. 1, 2021, to complete the mandatory one- or two-hour employee trainings to be compliant.
A new state law prohibits discrimination on the basis of hair textures or protective hairstyles that are historically associated with race. Senate Bill 188, also known as the CROWN Act, was signed in July by Gov. Gavin Newsom and will take effect Jan. 1, 2020. California’s Fair Employment and Housing Act was amended by the law to include in the definition of race “traits historically associated with race, including, but not limited to, hair texture and protective hairstyles.”
