[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
Facts: LLC operating agreement left unsigned
Plaintiffs Yu-Jung Yao, Yuh-Yuan Sun, and Wen-Jye Yao sued Pro-Management Consulting and John Tu (collectively PMC) for breach of fiduciary duty, breach of contract, and other claims arising from their LLC relationship.
The plaintiffs alleged they were residents of Taiwan and became interested in seeking permanent residency for their family in the United States. PMC offered to provide assistance with the immigration process through a series of written agreements with the plaintiffs, including investment agreements and an LLC operating agreement. The LLC was formed for the purpose of managing and operating restaurants serving as investment targets for foreign nationals applying for U.S. residency through the EB-5 program.
This dismissal of this case is in direct opposition to the will of the public and the Legislature, who instituted these laws, the plaintiffs stated.
Asberry ruled in favor of the defendant s motion to dismiss determining there was no cognizable claim at issue, Larson said.
In September, the nonprofit CARU Society for the Prevention of Cruelty to Animals filed a civil complaint against the dairy, located on Cottonwood Avenue since the early 1960s, listing dozens of alleged acts of inhumane treatment. The suit sought an injunction against further operation of the farm. The abuse and neglect towards cows and calves exposed through the investigation demonstrate this is not just a single employee or incident, but company-wide practices condoned by management, CARU spokesman Stephen Wells said.
The worksite’s NAICS code.
The employer will be required to continue notifying the local health department of any subsequent laboratory-confirmed cases of COVID-19 at the workplace.
New Authority for OSHA
Effective January 1, 2021, and until January 1, 2023, the Division of Occupational Safety and Health will have the authority to determine whether a worksite or any part thereof exposes workers to COVID-19 such that it creates an “imminent hazard.” In response to an “imminent hazard,” it may prohibit operations at or entry to that worksite at the immediate area in which the hazard exists by posting a notice to the employer in a conspicuous place. The provision is not to be used in a manner that would interrupt the performance of critical government functions essential to ensuring public health and safety functions or the delivery of electrical power or water. However, there are no other carve-outs.
Thursday, December 10, 2020
2020 has been an unprecedented year in many ways, but one thing that remains constant is the legislature s enactment of new laws that impact employers. Ranging from Covid-19 legislation to revisions to worker classification laws, new reporting requirements, and mandatory additions to boards of directors, below you will find our annual 2021 Employment Law Update.
NEW REPORTING REQUIREMENTS FOR COVID-19 EFFECTIVE JANUARY 1, 2021
On September 17, 2020, Governor Newsom signed into law AB 685, which will go into effect on January 1, 2021. It requires employers whose employees may have been exposed to COVID-19 in the workplace to notify their employees accordingly and report to local health officials. The new law also allows OSHA to order a facility closed if it deems the potential for COVID-19 infection an “imminent hazard” for employees at that facility. OSHA will also be able to issue “serious violation” citations for COVID-19 without fi