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California employers operate under the most comprehensive Labor Code and legal regime in the Nation. The past year has challenged employers with unprecedented compliance during a global pandemic, which has already led to an influx of employment litigation. In addition to managing remote work forces in an ever-evolving regulatory climate, employers in 2021 will also be required to comply with a substantial number of legislative additions taking effect in the New Year. Below is a highlighted discussion of new employment law provisions soon to take effect:
California Minimum Wage Increase – January 1, 2021: The Statewide minimum wage will increase to $13.00 for employers with
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With the new year comes new laws that affect California employers. The following are the A to Z of changes in the law that may affect your business in 2021.
Attorneys Fees for Whistleblower Retaliation and Extended Filing Period for DLSE Claim (AB 1947)
This new legislation expressly authorizes a court to award reasonable attorneys fees to a plaintiff who prevails in a “whistleblower” action under Labor Code Section 1102.5. The new legislation also lengthens the period of time in which employees can file complaints with the California Division of Labor Standards Enforcement (DLSE). An employee who believes he/she has been discharged or otherwise discriminated against in violation of any law enforced by the Labor Commissioner now has one year to file a DLSE complaint.
New State Laws Take Effect On New Year s Day gazettes.com - get the latest breaking news, showbiz & celebrity photos, sport news & rumours, viral videos and top stories from gazettes.com Daily Mail and Mail on Sunday newspapers.
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Sweeping changes to the California Family Rights Act (CFRA) will go into effect on January 1, 2021, separating CFRA further from its federal counterpart, the Family and Medical Leave Act (FMLA). Critically, starting January 1, 2021 CFRA will apply to employers with only 5 or more employees, such that even California employees of small employers may be eligible for CFRA leave and related protections. Other critical changes include the ability of employees to take leave to care for grandparents, grandchildren, siblings and domestic partners, in addition to parents, children and spouses, and the availability of leave for qualifying military exigencies.
[co-author: Crystal Miller-O Brien]
By any measure, 2020 presented novel, life-changing experiences for all of us. The resilience and focus required to endure the seemingly relentless wave of changes have helped to hone the skills of most workplaces and allowed them to pivot and survive.
In line with our hope that 2021 will afford a bit more stability and considerable success, here are some of the significant, non-COVID-19-related legal changes applicable to California employers that human resource professionals should be preparing to manage.
Annual Pay Data Reporting to DFEH (SB 973-Effective January 1, 2121, and Compliance Completion by March 31, 2021)
On or before March 31, 2021, private employers with 100 or more employees nationwide, with at least one employee performing work in California, must submit an annual pay data report to the Department of Fair Employment and Housing (DFEH). The report is similar to reports employers of the same size must file with the federal Equal