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While California employers have had to vigorously monitor employment law changes relating to the COVID-19 pandemic, California Governor Gavin Newsom also signed several additional employment laws, which are not related to the pandemic.
State minimum wage increased. The state minimum wage is now $13/hour for employers with 25 or fewer employees and $14/hour for employers with 26 or more employees. This increase may affect whether certain employees are exempt from overtime compensation, one requirement of which is that the employee is paid a monthly salary equivalent to no less than two times the state minimum wage.
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WASHINGTON, Feb. 10, 2021 /PRNewswire/ The Teamsters are praising President Biden s selection of current California Labor Secretary Julie Su as nominee to be the next deputy U.S. Secretary of Labor, saying she has a long record of standing with workers who are being taken advantage of by their employers.
Su has been a friend to the Teamsters in their fight for justice at the ports of Los Angeles and Long Beach. Her leadership has led to a crackdown on the misclassification of port truck drivers there, and her work to revamp the California Department of Labor Standards Enforcement has changed the culture and made it work much more efficiently and effectively to uphold workers rights.
SAN DIEGO
San Diego may soon merge city efforts focused on enforcement of wage laws, worker safety rules, sick-day requirements and guidelines for selecting city contractors.
The goal would be streamlining those efforts, now handled by several different city agencies, and combining them under a new Office of Labor Standards Enforcement.
Five of the City Council’s nine members endorsed creating the new agency in budget request memos submitted this month. Those memos will help determine the proposed budget Mayor Todd Gloria is scheduled to unveil in April.
Programs that would fall under the Office of Labor Standards Enforcement would likely include minimum wage, living wage, prevailing wage, earned sick days, labor compliance and equal opportunity contracting.
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The San Francisco Board of Supervisors has just unanimously approved a proposed ordinance prohibiting retaliation against San Francisco employees who missed work after contracting or being suspected of contracting COVID-19. If the Mayor of San Francisco signs it or returns it unsigned, the legislation would codify an emergency ordinance that currently provides essentially the same employee protections on a temporary basis, and also modify the scope of the existing law to cover employer retaliation based on COVID-19-related absences. The new law would remove protections previously provided to independent contractors under the emergency ordinance, however, and would instead apply only to employees and applicants. San Francisco employers would also be required to provide notice to workers of the protections. What do you need to know about this impending development?
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While state legislatures focused much-needed attention on pandemic-related legislation throughout most of 2020, many continued to alter their employment laws in significant ways, or simply had previously passed laws scheduled to take effect at the start of 2021.
Some of the most prominent trends at the state and local level include creating or expanding paid leave benefits, pay equity, and anti-discrimination rules; restricting criminal background checks; and limiting the scope of non-compete laws. Employers should review these developments and consider updating their policies and procedures accordingly.
This Advisory provides a summary of major employment-related laws that take effect in 2021 in the following states and localities:[1]