California has, no less than in fresh historical past, been a pacesetter for worker and administrative center rights. Contemporary actions akin to #MeToo and Time’s Up have rallied hundreds of thousands to carry forth exchange in how we give protection to our group of workers and sufferers who may have in a different way remained silenced. This text will spotlight a couple of new CA employment rules anticipated in 2020.
SB 1300—Administrative center Harassment Claims
Whilst SB 1300 took impact Jan. 1, 2019, positive parts of the amendments to Govt Code Segment 12940 will happen as of Jan. 1, 2020.
In particular, the brand new amendments would restrict employers from requiring workers to agree to not sue or carry claims in opposition to the employer beneath FEHA. Signal a non-disparagement settlement relating to disclosing details about illegal acts throughout the administrative center (it isn’t restricted to sexual harassment) in change for bonuses, raises or situation of worker’s employment.
SB 1343—Administrative center Harassment Coaching
SB 1343 at the start required employers with 5 or extra workers to offer sexual harassment coaching to all workers (supervisors and non-supervisors). The educational of all workers was once prior to now required to be finished inside of six months of rent or promotion, and workers will have to have gained persevered sexual harassment coaching each and every two years.
On the other hand, with the passing of SB 778, the time limit for the preliminary coaching for the ones workers has been driven again to Jan. 1, 2021.
AB 5—Worker Misclassification
AB5 codifies & expands Dynamex Operations West, Inc. v. Awesome Court docket of Los Angeles (2018) 4 Cal.fifth 903.
In Dynamex, the Ideally suited Court docket showed that staff are presumed workers according to the “ABC” check. The check established the 3 prongs an employer will have to end up to turn the employee is an unbiased contractor. In particular, that the employee: (A) is unfastened from regulate and route of hiring entity; (B) plays paintings out of doors of standard process hiring entity’s enterprise; and (C) is usually engaged in independently established business, profession or enterprise.
AB 5 applies to all claims beneath the Exertions Code slightly than best claims associated with salary orders and for claims of unemployment insurance coverage.
Lately, “gig economic system” primarily based firms (akin to Uber and Lyft) are pushing aggressively to fund a poll measure to protect them from AB 5, together with a carve-out exception. Present exceptions come with bona fide business-to-business contracting development contractors the use of subcontractors, referral companies and repair suppliers, motor golf equipment and people offering services and products to 3rd events.
AB 9—Extension of Staff’ Statute of Limitation to Record FEHA Fees
AB 9 amends Govt Code Sections 12960 and 12965 and can prolong the time an worker has to record a fee of discrimination with the DFEH to 3 years.
This new legislation is ready to develop into a recreation changer because it will increase the present statute of limitation by way of an extra two years. As we witnessed in the course of the #MeToo Motion, many sufferers of discrimination stay quiet, for concern of retaliation by way of their employers. Even though this legislation will increase the time to say claims, a lawsuit can’t be filed with out acquiring the best to take action from DFEH. That means, slightly than submitting a lawsuit for discrimination and/or harassment can happen as much as 4 years after the misconduct of an employer.
AB 51—Prohibition of Arbitration Agreements … for some!
This legislation will restrict employers from requiring that workers, potential workers or candidates waive their proper to carry forth their FEHA claims in court docket slightly than put up them to arbitration. Additional, it supplies that an employer won’t threaten, retaliate or discriminate in opposition to an worker if they decline to consent to the waiver of any proper, discussion board or process for a contravention of FEHA or different particular statutes governing employment.
SB 188 (Mitchell)—Crown Act
SB188 amends Govt Code Segment 12926 and Training Code Segment 212.1 and takes impact Jan. 1, 2020. FEHA states it’s illegal to interact in discriminatory practices according to secure traits (together with race and ethnicity). This legislation would amend the definition of “race” to incorporate characteristics traditionally related to race, together with however no longer restricted to hair texture, protecting hairstyles (together with “braids, locks and twists”). SB 188 prohibits employers from discriminating workers according to coiffure.
SB 3—Minimal Salary Build up
SB 3, sometimes called “Pathway to fifteen,” was once enacted in 2016-2019 environment forth a time table to extend minimal salary via 2023. The present time table of minimal salary building up is as follows: $12/hour inside of 25 or fewer workers and $13/hour for 26+ workers by way of Jan. 1, 2020. $13/hour inside of 25 or fewer workers and $14/hour for 26+ workers by way of Jan. 1, 2021. $14/hour inside of 25 or fewer workers and $15/ hour for 26+ workers by way of Jan. 1, 2022. $15/hour inside of 25 or fewer workers by way of Jan. 1, 2023.
That is on no account an exhaustive checklist of recent rules. Different rules getting into impact come with AB 673 (Civil Consequences for Unpaid Wages), AB 749 (Voiding No-Rehire Provisions), SB 83 (extending period for circle of relatives go away to 8 weeks), and SB 142 (Growth of Lactation Lodging). Learn long run columns for more info in regards to the new rules. Stephen Danz Navid Kanani