January 12, 2021
This past year saw the enactment of a variety of new employment laws in California, including new disclosure requirements for employers and changes to the independent contractor landscape. In addition, the COVID-19 pandemic has touched nearly every sector of society, in nearly every corner of the world, and employment law in California is certainly no exception. The pandemic has ushered in a new legal landscape marked by heightened requirements for employers stretching from 2020 into 2023.
Below, we outline four new laws that require attention from California employers in the new year: (1) the new requirements for California employers in reporting wage and hour data; (2) the continuing evolution of the worker classification standard and the recent passage of Proposition 22; (3) the new COVID-19 notice requirements that will require employers to notify employees of possible exposure; and (4) the new Workers’ Compensation Disputable Presumption under SB 1159. We a
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Governor Gavin Newsom recently signed a number of bills that will affect California employers in 2021. Most significantly, the new laws greatly expand the California Family Rights Act (CFRA), create stringent workplace reporting requirements related to COVID-19, and clarify California’s year-old independent contractor law, Assembly Bill 5 (AB 5).
Supplemental COVID-19 Paid Sick Leave
Assembly Bill (AB) 1867 expanded supplemental paid sick leave for COVID-19-related reasons for certain employers not already covered by the federal Families First Coronavirus Response Act (FFCRA). Specifically, it required private employers that employ 500 or more U.S. employees to provide California employees with paid sick time for COVID-19-related absences.
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In this ever-changing COVID-19 landscape, the prospect of employee vaccinations creates many questions and compliance concerns for employers. These concerns include whether, and to what extent, employers can and should require vaccinations for employees.
While current law does not expressly prohibit employers from requiring employees to be vaccinated, various legal exceptions and practicalities must be considered in determining the best course of action. Considering anticipated employee pushback, many employers will likely encourage vaccinations at some level, while allowing for an appropriate opt-out mechanism for those who refuse.
In the absence of definitive law on this issue, employers should look to guidance provided by federal and state agencies to determine the best course of action.