California Workplace Law Blog

Insight & Commentary on California Workplace Law Issues & Developments

On September 28, 2020, Governor Newsom signed Assembly Bill 1731 (“AB 1731”), which creates an alternative process for employers to submit and be approved for work-sharing plan programs. Previously some employees would be eligible for unemployment benefits if they were working less than their usual weekly hours and their employer was participating in a work-sharing plan that met specified requirements and was approved by the Director of Employment Development. Employers were required to submit to…
On September 28, 2020, Governor Newsom signed Senate Bill 1384, which (1) expands the California Labor Commissioner’s representation to arbitrations for claimants who cannot afford counsel, (2) requires employers to serve petitions to compel arbitration on the Labor Commissioner, and (3) allows the Labor Commissioner to represent claimants in proceedings to determine whether arbitration agreements are enforceable. SB 1384 modifies Labor Code section 98.4, which previously provided only that the Labor Commissioner could represent…
On September 28, 2020, Governor Newsom signed Assembly Bill 2017, which revises Labor Code § 233 (also known as the “Kin Care” law) to provide that an employee has the right to designate sick leave as for kin care; or for the employee’s own health condition or for obtaining relief if the employee is a victim of domestic violence, sexual assault, or stalking. As such, employers should revise sick leave policies to ensure that…
On September 28, 2020, Governor Newsom signed Assembly Bill 2043 (“AB 2043”) which tasks the Division of Occupational Safety and Health within the Department of Industrial Relations (“Cal/OSHA”) with conducting a statewide outreach campaign to apprise Agricultural employees of best practices for coronavirus (“COVID-19”) infection prevention and their right to receive COVID-19-related employment benefits, including access to paid sick leave and workers’ compensation. Anticipated Guidance for Agricultural Employees Under the emergency bill, Cal/OSHA will disseminate…
On September 28, 2020, the Governor signed, Assembly Bill 3369 (“AB 3369”), which changes obligations of harassment prevention training for minors working in the entertainment industry and their guardians. This bill compliments recently signed Assembly Bill 3175. Before the issuance of an entertainment work permit to a minor, existing law requires the parent or legal guardian of the minor and the age-eligible minors to receive and complete training in sexual harassment prevention, retaliation, and…
On September 28, 2020, Governor Newsom signed Assembly Bill 2992, which imposes further limitations on employers from discharging, discriminating, or retaliating against an employee who is a victim of crime or abuse. Before the passage of this legislation, under Labor Code section 230, employers were prohibited from discharging an employee for taking time off to serve on a jury or appear in court pursuant to a subpoena or court order. Labor Code section 230.1…
On September 25, 2020, Governor Gavin Newsom signed Assembly Bill 3175, which amends Labor Code section 1700.52 regarding sexual harassment prevention training requirements of age-eligible minors prior to the issuance of entertainment work permits.  Previously, Section 1700.52 required a minor and the parent or legal guardian to complete the sexual harassment prevention training in a language they understood.  Section 1700.52 provided that the training shall be provided by a third-party vendor, on-site, electronically, via…
The Sacramento County Board of Supervisors has passed the Sacramento County Worker Protection, Health and Safety Act of 2020, which is effective October 1, 2020. The ordinance, which applies only to businesses located in the unincorporated areas of Sacramento County, requires employers to implement specified social distancing, mitigation, and cleaning protocols and practices in the workplace. The required protocols include: maintaining and implementing specified cleaning and disinfection protocols; establishing protocols for action if a…
The City of San Diego enacted emergency ordinances requiring fair employment practices in response to job and economic insecurity due to the COVID-19 pandemic and stay-at-home directives.  The City of San Diego COVID-19 Building Service and Hotel Worker Recall Ordinance (“Recall Ordinance”) and the City of San Diego COVID-19 Worker Retention Ordinance (“Retention Ordinance”) went into effect immediately upon their passage on September 8, 2020. The Ordinances apply to three categories of businesses and employers…
California employers with as few as five employees must provide family and medical leave rights to their employees under a new law signed by Governor Gavin Newsom on September 17, 2020. The new law significantly expands the state’s existing family and medical leave entitlements and goes into effect on January 1, 2021. Senate Bill 1383 (SB 1383) also expands the covered reasons for protected leave and the family members whom employees may take leave to…