California is such a special state and I don’t mean that in a faceitious way. While some states are still deliberating on legalizing marijuana and same-sex marriage, California is at the forefront of rights and protections implementation by leading by example. California is one of the leading states to the raise minimum wage past federal requirement, offers protected parental leave, and protected sick leave. With so many yearly changes, it can seem daunting to keep up with all of California’s employment laws, which is why I created this excerpt highlighting CA Employment Laws effective January 1, 2020.

Hiring

Assembly Bill 5 (aka Dynamex) Employees and independent contractors

AB 5 was proposed to safeguard the gig-economy workers by reclassifying workers as employees, essentially codifying the “ABC” test and expanding its application to the Labor and Unemployment Insurance codes. This would allow former independent contractor’s to be able to collect on paid time off, unemployment insurance, health benefits and other compensation allotted to employees.

Employing minors in the entertainment industry

AB 267 Employment of infants: entertainment industry

AB 267 applies to minors working in the entertainment industry. The law currently states that the employment of minors in the entertainment industry requires certification from a physician and surgeon for an infant younger than one month to be employed on any motion picture set or location. This bill expands on these requirements by defining any type of motion picture using any format (film, television, commercial) and by any medium (theater, television, photography, advertising, etc.).

Discrimination, Harassment and Retaliation Protections 

SB 188 Discrimination: hairstyles

Employers are prohibited from mandating employees to sign an arbitration agreement. The bill also prohibits retaliation and discrimination against an applicant or employee who refuses to enter such agreements. 

This bill does not apply to arbitration agreements entered into prior to January 1, 2020

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SB 188 expands the Fair Employment and Housing Act (FEHA) to prohibit discrimination against employees and students based on their natural hairstyles.

Sexual Harassment training has been extended to include all nonsupervisory employees with a due date of January 1, 2021. Supervisors are required to have 2 hours of training every two years and nonsupervisory employees are required to have 1 hour of training every two years.

Lactation Accommodation

California Senate Bill 142 Employees: lactation accommodation

Employers are required to provide a free of intrusion room close to the employee’s work area and is other than a bathroom. The room needs to be;

• Safe, clean and free of toxic or hazardous materials

• Contain a surface to place a breast pump and other personal items

• Contain seating

• Have access to electricity

• Provide running water

• Provide a refrigerator for storing breast milk

Employers should also create and implement a lactation policy and publish in employee handbook

Leaves of Absence

AB 1748 California Family Rights Act: flight crews

California Family Rights Act (CFRA) expands to airline flight deck or cabin crew by creating special eligibility requirements.

AB 1223 Living organ donation

Protected leave for organ donation was expanded to require employers to add an additional unpaid leave of absence for up to 30 days

SB 30 Domestic partnership

Changes definition of domestic partnership from either two adults of the same sex or two adults of the opposite sex to just any 2 adults over the age of 18

SB 83 Employment     

Paid Family Leave benefits have been expanded from 6 weeks to 8 weeks

Workplace Safety

Ab 1805 Occupational safety and health

Currently under law, employers are required to report a “serious injury or illness”, meaning that the employee requires hospitalization for more than 24 hours and must report to the California Division of Occupational Health and Safety (OSHA). This bill removes the 24-hour requirement, so all injuries/illnesses requiring hospitalization, must be reported to OSHA

AB 61 Gun violence restraining orders

This bill expands on gun violence restraining orders  to apply to employers and co-workers who regularly act with an employee or teacher, to file a petition for a gun violence restraining order

AB 51 Employment discrimination: enforcement

Employers are prohibited from mandating employees to sign an arbitration agreement. The bill also prohibits retaliation and discrimination against an applicant or employee who refuses to enter such agreements. 

This bill does not apply to arbitration agreements entered into prior to January 1, 2020

Disclaimer None of the authors, contributors, administrators, or anyone else connected with Ajconsultinggroupca.com, in any way whatsoever, can be responsible for your use of the information contained in or linked from these web pages. Share on facebook Facebook Share on twitter Twitter Share on linkedin LinkedIn