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. California Overtime Law: Under California labor law, non-exempt employees are entitled to 1.5x their regular pay for hours worked beyond 8 per day (or 40 per week) and 2x their regular rate for hours worked beyond 12 per day. I think that California has recognized that and they want to address that. Industries exempt from the law are mostly in professional services or trades, such as doctors, electricians, independent consultants, architects and accountants. The law, Assembly Bill 5 (AB-5), which will become Labor Code Section 2750.3 on January 1, 2020, changes California’s test for determining whether a worker is an employee or independent contractor for purposes of the Labor Code, the Unemployment Insurance Code, and the wage orders of the Industrial Welfare Commission. If you are forced to work off-the-clock or your employer knows or should know you are voluntarily working off-the-clock, you are entitled to be paid for those unclocked hours. If you quit, your employer has 72 hours to give you a final check. If an employer lays off 50 or more workers in a one-month period, or closes down a store, or relocates, the California labor code requires they give 60-days’ advance notice. After January 1, 2015, employers are required to provide most employees with an individualized Notice to Employee (required under Labor Code section 2810.5) that includes paid sick leave information. ", To plan for any changes that may be needed as a result of AB-51, lawyers from Ogletree Deakins suggested in a blog post that employers "that easily meet the interstate commerce test under the [Federal Arbitration Act] can implement an arbitration program or maintain their current arbitration program. ", "conducting spot audits of payroll practices to ensure that employees are receiving their pay in a timely manner. Call or message us. SB-778 sets out new sexual harassment training requirements. In 2020, the statewide minimum wage in California is $13.00 per hour (or $12.00 per hour for employers with 25 or fewer employees). AB-673 & SB-688: Penalties for late or incorrect wages. "The one clear thing we know about Uber is they will do anything to try to exempt themselves from state regulations that make us all safer and their driver employees self-sufficient," she said. New 2020 Labor Laws Affecting California Employers. 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. California labor law poster containing information on getting workers' compensation. California’s Legislature is still working toward increasing employee protections for 2020; it extended the amount of time a harassment or discrimination victim has to file a complaint, as well as expanded both lactation accommodation requirements and anti-discrimination laws. The new law required the Labor Commissioner to develop such a poster, and it is now available on the Labor Commissioner’s website. • Timely Settlement Date November 13, 2020 should be corrected to November 3, 2020. As the calendar turns to 2020, California has gone live with a number of new laws voted in as bills or ballot initiatives. Steve has prosecuted a variety of complex employment cases involving California labor law. If an employer offers paid-time-off (PTO), California law mandates that employees … Rooms must also contain a surface to place a pump and personal items. "The once seemingly impossible became quickly possible," Krispy Kreme's Terri Zandhuis said. The free newsletter covering the top industry headlines, Press Release from Globalization Partners. There are three main points to AB-25 that are relevant to the start of 2020. If you live or work in California, you’re lucky! from taking effect. Read more about which workers are exempt from California minimum wage and overtime requirements. An employment-law litigator with over 20 years’ experience, Steven Tindall is well-acquainted with litigating under California labor law. A recent amendment to the California labor code says that an employment agreement cannot force a California worker to accept the labor laws of a different state. The California Consumer Privacy Act grants consumers certain rights regarding personal information that is owned by businesses. Uniforms. Need the 2020 edition? enacted even higher minimum wages, according to law firm Fisher Philips: Oakland, San Diego, San Jose, Santa Clara. 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. Perform work that is outside the usual course of the hiring entity's business. Employers with fewer than 50 employees may seek a hardship exemption. Generally, California labor law is more pro-worker. With labor laws in California constantly changing, it's imperative employers stay abreast. Pre-hire Medical, Physical, or Drug Tests. No costs or obligations. AB-673 updates existing labor code so employees can seek penalties for late wage payments. From renting apartments, to protecting your privacy, to working with freelancers, it seems like everything is changing this decade. AB-5 established a set of parameters for employers looking to label workers as independent contractors — instead employees — called the "ABC test.". requires that work locations have rooms for lactation that are "safe, clean, and free of hazardous materials." Get HR news like this in your inbox daily. AB-9 extended the filing period for complaints of unlawful or discriminatory employment practices from one year to three years. 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. 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. The training must be provided within six months of hire or within six months of the assumption of a supervisory position. If you’re fired, you must be paid your last check that same day. Another four will take effect July 1: Berkeley, Pasadena, San Francisco, and Santa Monica. California Labor Law Digest - 61st Edition - MASTLLD. Employees who is suspended or resigns due to a labor dispute (strike) Employees who are laid off. A recent ruling of the Superior Court of California in Los Angeles also, Media companies that rely on freelancers for blogging, reporting, photography and management of web properties also may be heavily affected. The TRO came just in time, Dec. 30, on the grounds that the law may stand in conflict with the Federal Arbitration Act. Another four will take effect July 1: Berkeley, Pasadena, San Francisco, and Santa Monica. 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. CDF Hosts Complimentary Webinar Symposium - COVID Education Week - December 7-11, 2020 CDF COVID Education Week - Webinar Symposium To assist employers, corporate counsel, and HR professionals that are still grappling with the myriad of COVID-19 issues, CDF has designed a series of complimentary webinars daily from December 7-11 from 9-10 am (PST)* that will address the most … , aimed at reducing … new 2020 labor laws Affecting California employers under labor! Law unconstitutional apps such as rideshare companies that rely on freelancers for blogging, reporting, and! Firm Fisher Philips: Oakland, San Francisco, and free of hazardous materials ''... In a single employment case is $ 200 for each violation plus 25 % the! And penalties a worker california labor laws 2020 recover labor code penalties of up to $ 25,000 per violation if don. Covered: HR management, compensation & benefits, development, HR tech, recruiting and much.... 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