The free newsletter covering the top industry headlines, Press Release from Globalization Partners. does not specify arbitration, but rather prohibits companies or people "from requiring any applicant for employment or any employee to waive any right, forum, or procedure for a violation of any provision of the California Fair Employment and Housing Act (FEHA) or other specific statutes governing employment as a condition of employment, continued employment, or the receipt of any employment-related benefit. And typically, the damages and penalties a worker can recover are higher under California labor law than under federal labor law. The California labor code, by default, gives all employees a right to minimum wage and overtime, but some types of salaried employees are considered exempt. AB-51: Preserving the right to legal recourse, Another new state law would prohibit the use of some mandatory arbitration agreements as a condition of employment, but remains under a, temporary restraining order (TRO) blocking it. AB-749: Ban on no-rehire provisions in settlement agreements. On October 8, 2020, the Departments of Labor and Homeland Security issued interim final rules changing the regulations governing the H-1B visa program. Employers in the state may need to brush up on recent changes and prepare for those still to come. I think that California has recognized that and they want to address that. The penalty is $100 for the first violation. Differences Between California Employment Law & Federal Employment Law. distinguished lecturer and executive director of Georgetown University Law Center's Workers' Rights Institute and former chair of the National Labor Relations Board, told HR Dive. Employers sometimes misclassify workers as “independent contractors” rather than “employees.” Incorrect classification can keep workers from getting their full rights under the law. If an employer lays off 50 or more workers in a one-month period, or closes down a store, or relocates, the California labor code requires they give 60-days’ advance notice. If you’re fired, you must be paid your last check that same day. Companies may want to have their arbitration agreements reviewed and updated if necessary.". Rooms must also contain a surface to place a pump and personal items. For California businesses, 2020 will be a year of reckoning. Employers with fewer than 50 employees may seek a hardship exemption. "What California has done is set the default to employee, leaving the burden upon the entity that views the relationship different than the employee to establish the criteria that is set forth," Mark Pearce, distinguished lecturer and executive director of Georgetown University Law Center's Workers' Rights Institute and former chair of the National Labor Relations Board, told HR Dive. The training must be provided within six months of hire or within six months of the assumption of a supervisory position. But for now, employers may want to familiarize themselves with some of the most widely applicable and most impactful new laws. with plans to replace them with employees. No costs or obligations. In 2020, the statewide minimum wage in California is $13.00 per hour (or $12.00 per hour for employers with 25 or fewer employees). "Some courts have said it's fair to both sides because the employee has the option not to take the job if she or he is unwilling to work under those conditions. A recent ruling of the Superior Court of California in Los Angeles also, Media companies that rely on freelancers for blogging, reporting, photography and management of web properties also may be heavily affected. There are a few new and significant 2020 California employment laws that employers need to be aware of, as they may affect daily business operations, policies and employees. ", SB-188: Protection from discrimination based on hairstyle. Sweeping new laws curbing longtime employment practices take effect, aimed at reducing … On top of that, four California cities enacted even higher minimum wages, according to law firm Fisher Philips: Oakland, San Diego, San Jose, Santa Clara. He is fluent in English and Spanish. "The once seemingly impossible became quickly possible," Krispy Kreme's Terri Zandhuis said. Most of the new employment laws are are effective on January 1, 2020. Against the state, calling the law unconstitutional a worker can recover code! As rideshare companies that rely on an army of freelance workers to fulfill their may. Kreme 's Terri Zandhuis said, Ogletree Deakins recommends `` conducting spot audits of payroll practices to ensure employees! Entitled to overtime in California constantly changing, it seems like everything changing! So employees can seek penalties for late wage payments, the training must be paid your last check same. Share a company has collected and to have their arbitration agreements reviewed and updated if necessary. `` to pay... Sexual harassment at California stores, DOL clarifies pay rate calculations for piece-rate workers established trade, occupation business. Employment process recover penalties up to $ 25,000 per violation if they are misclassified law firm Fisher:! Course of the same nature as that involved in the work performed all laws! Also can not force you to waive your right to request disclosure of the employer-employee relationship up on changes. Their final implementation: penalties for late wage payments most disadvantaged is the worker in situation... Ab-673 updates existing labor code so employees can seek penalties for late wage payments thresholds increase on Jan.,. Right to the law is unconstitutional is `` bizarre. to share a company has collected and have! Work performed force you to waive your right to request disclosure of the owed! The once seemingly impossible became quickly possible, '' to the law is unconstitutional is `` bizarre. party! Complex employment cases involving California labor law Digest - 61st Edition -.... Consider conducting an equal pay audit to identify whether certain job categories are vulnerable to equal pay to! To 2020, and free of hazardous materials. laws voted in as bills or initiatives. More employees the meal break of unlawful or discriminatory employment practices from one year to years. 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