This expanded definition of the term “family member” is important because it is broader than the definition under the federal Family and Medical Leave Act (FMLA). CEU guides readers through the myriad state employment laws and zeroes in on hot issues affecting California workplaces. Whether you are an established employer or starting your first business, this page provides important resources and information that you need to succeed. Effective January 1, 2021, employers with as few as five employees will have to comply with the California Family Rights Act (CFRA). Stephanie has experience in antitrust, commercial contracts, franchise law, labor and employment, and... You are responsible for reading, understanding and agreeing to the National Law Review's (NLR’s) and the National Law Forum LLC's  Terms of Use and Privacy Policy before using the National Law Review website. These new requirements are in addition to the requirements enacted last year, requiring female representation on such corporate boards, set forth in California Corporations Code section 301.3, as detailed in our firm’s alert from last year. That they may have been exposed to COVID-19; b. 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. Determine which employees, including subcontracted employees, were at the worksite at the same time as the individual during his or her “infectious period,” which the California State Department has determined includes “at minimum, the 48 hours before the individual developed symptoms.” The “worksite” is limited to the same building or location where the individual was physically present. AB 5 codified and expanded the scope of the “ABC” test established in Dynamex. Finally, this bill amends Labor Code Section 1205, which currently states that local jurisdictions are not precluded from enforcing their own local labor laws that are more stringent than state law. The National Law Review is a free to use, no-log in database of legal and business articles. The content and links on www.NatLawReview.com are intended for general information purposes only. Effective January 1, 2021, all employers except for health facilities must take the steps outlined below within one business day of receipt of notice that its workforce was exposed to an individual who either tested positive for COVID-19, was diagnosed with COVID-19 by a licensed healthcare provider, was ordered by a public health official to isolate due to COVID-19, or was determined by the county public health department to have died due to COVID-19. OSHA will also be able to issue “serious violation” citations for COVID-19 without first delivering notice to the employer with an opportunity to respond. HHS OGC Weighs in On Sub-Regulatory Guidance in Advisory Opinion:... To Rescind or Not to Rescind, That’s Only Half the Question. In response to some of these concerns, the California Legislature enacted AB 2257, which amended AB 5 and created additional exemptions for certain occupations and contractual relationships. Notably, AB 2257 also grants district attorneys the ability to file injunctive relief actions against businesses suspected of misclassifying employees as independent contractors. d. The employer’s disinfection and safety plan (per the guidelines of the federal Centers for Disease Control). Labor & Employment Law Section Executive Committee 2014-2015; Cases Pending Before the California Supreme Court; Masthead; Nlra Case Notes; The Interactive Process Dance: What Happens When the Music Stops? Proposition 22 defined app-based transportation and delivery drivers as independent contractors and adopted certain labor and wage policies specific to app-based drivers and companies. Labor Code section 1102.5 broadly prohibits whistleblower retaliation. Fifth Circuit Reminds Employers of the Importance of Contemporaneous... Ontario Government Passes Regulation to Create Flexibility in the... PTAB Provides Precedential Decisions Weighing Fintiv Factors. 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. 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. Here is installment #24 of our ongoing series of COVID-related posts of interest to California employers. In addition, employers are no longer permitted to refuse reinstatement to salaried employees who are among the highest 10% of the employees at the company and where the refusal is necessary to prevent substantial and grievous economic injury. This bill applies to dates of injury after July 5, 2020, and will be in effect until January 1, 2023. Effective on January 1, 2020, the new law will permit employees to recover civil penalties for unpaid wages, which were previously available only through an action by the Labor Commissioner. Second, it creates a presumption of compensability for employees (a) whose employers have five or more employees; (b) who test positive within 14 days of a workday occurring at a worksite that is not their home (unless a caregiver); and (c) who test positive during an “outbreak” at their workplace. 5th 903 (Dynamex). Under AB 5 only the Attorney General and certain city attorneys were able to seek such relief. As a result, employees may be eligible to take as much as 24 weeks of combined leave under the CFRA and FMLA depending on the reason for the leave. California and the federal government are providing broad assistance to small businesses and employers impacted by COVID-19. Starting January 1, 2021, AB 1947 extends this time period for filing a complaint to one year. Notably, AB 2257 also grants district attorneys the ability to file injunctive relief actions against businesses suspected of misclassifying employees as independent contractors. 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