New California Labor and Employment Laws for 2021 By Linda Auerbach Allderdice, Deisy Castro, John H. Haney, Thomas E. Hill, Samuel J. Stone and Tina Tellado
HIGHLIGHTS Numerous labor and employment laws passed by the California Legislature and signed into law by Gov. Gavin Newsom took effect on Jan. 1, 2021. New regulations by the California Division of Occupational Safety and Health (Cal/OSHA) govern COVID-19 issues at the workplace. California's minimum wage and overtime exempt salary thresholds will increase on Jan. 1, 2021. ________________ This Holland & Knight alert highlights selected and significant new California labor and employment laws, regulations governing COVID-19 issues at the workplace by the California Division of Occupational Safety and Health (Cal/OSHA), and the state's increased minimum wage and overtime exempt salary thresholds. Unless otherwise noted in this alert, each of the laws listed below became effective on Jan. 1, 2021.
AB 685 – COVID-19 Workplace Exposure, Notice to Employees and Serious Violations Cal/OSHA's Emergency Regulations for COVID-19 Prevention and Testing SB 1159 – COVID-19 Workers' Compensation Presumption Executive Order Suspending Cal-WARN's 60-Day Notice Requirement Prior to Mass Layoff, Relocation or Termination AB 2257 – Modifications and Additional Carve-Outs to AB 5 to Protect Independent Contractor Relationships AB 2143 – Loosened Restrictions on "No Re-Hire" Provisions in Employment Settlement Agreements SB 973 – New Pay Data Reporting Obligations for Employers with 100 or More Employees SB 1383 – California Family Rights Act Significantly Expanded to Cover Businesses with Five or More Employees AB 1867 – Supplemental COVID-19 Paid Sick Leave Expires Dec. 31, 2020 / Small Employer Family Leave Mediation Pilot Program AB 2017 – Employees Authorized to Designate Paid Sick Leave Taken for Kin Care AB 2399 – Expansion of California State Paid Family Leave Benefits AB 2992 – Expanded Protections for Employee Victims of Crime or Abuse AB 1947 – Time for Filing Complaints with California Division of Labor Standards Enforcement (DLSE) Extended to One Year, and Prevailing Plaintiffs in Whistleblower Retaliation Claims Can Recover Reasonable Attorneys' Fees AB 3075 – Expansion of Successor Liability for Labor Code Judgments California's Minimum Wage and Overtime Exempt Salary Thresholds Increase in 2021
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