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The Biden Plan for Strengthening Worker Organizing Collective Bargaining and Unions specifically endorses several California employment laws as models for the whole country. Accordingly, the many new employment laws set to take effect in California in 2021 (and a few that have already taken effect) may very well be a taste of what’s to come for employers everywhere. Therefore, companies that operate in California, and even those that don’t, should become familiar with new laws going into effect in the Golden State. We have prepared a summary of these laws here:
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In the spirit of the season and keeping some semblance of normal we are using our annual 12 days of the holidays blog series to address new California laws and their impact on California employers. On this fifth day of the holidays, my labor and employment attorney gave to me: five golden rings and AB 3075.
Existing law requires a corporation and foreign corporation, limited liability company, or foreign limited liability company registered to transact intrastate business to file specified documents disclosing information regarding entity with the Secretary of State, including a statement of information. This contains information regarding the general type of business that constitutes the principal business activity of the corporation or limited liability company. There are currently nine specific items a business must provide. Under AB 3075, the statement of information must also indicate whether any officer or any dir
At least 3
Corporations may increase the number of directors on their boards to comply with these requirements. A director is from an underrepresented community if they self-identify as Black, Hispanic, Latino, Asian, Pacific Islander, Native American, Native Hawaiian, Alaska Native, gay, lesbian, bisexual, or transgender.
AB 979 adds to the gender diversity requirements previously imposed by SB 826 (passed in 2018).
Employer Reporting Requirements
New Successor Liability Risks and Secretary of State Disclosure Requirements (Beginning January 1, 2022)
AB 3075 will expand potential liability for successor employers, defined as entities that have acquired a business through a merger or consolidation, and use substantially the same workforce as the original employer to offer the same services as the original business. Successor employers will now be liable for any wages, damages, and penalties owed by the predecessor to its employees. Thus, if an original employer defaults on a wag
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