California`s wage and labor laws affect employees and nonemployed people. Non-exempt employees are protected by California minimum wage laws. However, there is also a minimum wage requirement for exempt employees.2 In early 2021, California enacted a law that grants employees additional paid sick leave for various COVID-related absences in addition to the paid leave employees receive under the law or policies. This law expired on September 30, 2021. In February 2022, SB 114, a new Law on Additional Paid Sick Leave (SPSL), came into force. Like the 2021 law, the new law also applies to private employers with 26 or more employees. However, there are a few differences. The new law provides, among other things, leave for employees whose family members have symptoms related to a COVID vaccine or booster. California continues to pass new labor laws or expand previously passed ones regarding covid-19. As of January 1, 2021, agricultural workers employed by employers with 26 or more employees will be required to work overtime (1.5 times the employee`s normal rate of pay) for all hours worked more than 8.5 hours per business day or more than 45 hours per work week.
AB 1066 In 2018, California was unable to enact a state law requiring «panic buttons» for hotel employees: wearable devices that are quickly and easily activated to call for help when an employee reasonably believes that violent or threatening behavior is taking place in their presence. Since then, California`s cities and counties have begun to implement their own regulations for the hospitality industry. Over the past four years, Oakland, West Hollywood and Long Beach have enacted laws regarding hotel employees. These regulations not only require panic buttons for housekeeping staff, but often also include workload limits, compensation provisions, and recall rights for laid-off workers. By law, employers must provide each employee with a written description of each quota to which the employee is subject at the time of hiring or within 30 days of the law coming into force. While employers may continue to introduce quotas, employees are not required to meet a quota that prevents compliance with meal or rest periods, toilet use (including reasonable travel time to and from the washroom) or occupational health and safety laws. 2021 has been another busy year for the Legislature to pass new laws affecting California employers. Below is our 2021 Annual Labour Law Update. Due to COVID-19, the biennial training on the prevention of «personal» sexual violence and harassment that janitors are required to provide cannot be conducted in a manner that protects the health, safety and well-being of all participants.
Therefore, the Office of the Labour Commissioner will suspend the application of the «in-person» training requirements, including the additional requirements related to this training set out in AB 547 (2019), and will instead require employers to comply with section 12950.1 of the Government Code, which can be done by providing online training to all custodians and supervisors, which will be available starting January 1 on the Website of the California Department of Fair Employment and Housing (DFEH). 2021. For more information on the suspension of the application of «personal» training requirements, see final proposal ab 547. The charts below show changes in local minimum wage rates in California, which are expected to take effect on January 1, 2021 and July 1, 2021. Among the most important laws enacted in the Golden State this year is AB 257, the Fast Food Accountability and Standards Recovery Act, as the first law in the country to establish standards and regulations for fast food workers, and has received national attention. Golden State employers already face a number of challenges in complying with labor law. 2023 adds several more to the list. Employers are encouraged to «stay informed» and review their policies and practices to comply with these new laws. As with most of these laws, employers are not allowed to take adverse action against an employee if they enforce their rights under the regulation. However, if an employer takes adverse action against a hotel employee «known to have engaged in activities protected under the Regulations» in the year preceding the adverse action, the employer must provide the employee with a detailed written statement stating the reasons for the dismissal or other adverse measures.
«Exempt employees» are employees who are exempt from California compensation and labor laws. However, to be considered an exempt worker, the employee must meet certain task requirements and earn a minimum wage equal to twice the state minimum wage on the basis of a 40-hour week.3 Out of 1. In January 2021, the California-wide minimum wage will increase to $14 per hour for employers with 26 or more employees and to $13 per hour for employers with 25 or fewer employees. However, as described below, keep in mind that some local ordinances have a higher minimum wage than state law, and some local ordinances eliminate any distinction in the minimum wage based on the size of the employer. Both acts required the City Manager, City Council and Mayor to inform every 90 days of the effectiveness of the ordinances and the continued need. Since their adoption, the regulations have been constantly renewed. On March 16, 2022, the city amended the Long Beach Recall Fees Ordinance and the Hotel and Janitor Conservation Ordinance to eliminate sunset regulations and maintain existing laws unless repealed. More and more California cities have adopted their own local regulations on sick leave and/or minimum wage. On November 15, 2021, West Hollywood issued an order allowing full-time employees to accumulate 96 hours of paid leave per year and 80 additional hours of unpaid leave per year for sick leave, vacation, or personal necessity. Part-time employees are granted paid and unpaid leave in proportion to the time accumulated in proportion to the hours worked. The ordinance also raised the minimum wage above the level set by the state and set a schedule to increase the city`s minimum wage every six months until July 1, 2023, and every year thereafter. For hotel employers, the regulation came into force on 1 January 2022.
For all other employers, the regulation came into force on July 1, 2022. On the 13th. In September 2022, Mountainview passed an ordinance requiring companies seeking to acquire a business license to file an affidavit stating that it does not violate federal, state, or local wage and labor laws. Filing a false affidavit would impose fines and penalties on a company. California Wildfires – FAQs about the laws enforced by the Labor Commissioner`s Office With respect to administrative claims before the Labor Commissioner, the law shifts the burden of proof to trademark guarantors, contractors, and apparel manufacturers to prove that they have not violated wage laws. If an employee submits a claim to the Labour Commissioner and provides the Labour Commissioner with labels or other credible information in support of the claim, SB 62 creates a rebuttable presumption that the claim is valid. To rebut the presumption, the trademark guarantor, clothing manufacturer or contractor must provide «specific, convincing and reliable written evidence to the contrary.» A written statement is not sufficient to rebut the presumption. In addition, if an enterprise does not respond in a timely manner to a duly served written request for documents from the Labour Commissioner, it is prohibited from providing such evidence in the administrative proceedings. June 22, 2021 Update: This notice has been updated to include the latest information on local minimum wage rates in California. A new year means new changes to California`s minimum wage laws. California employers should take note of the following changes to state and local minimum wage laws, which are expected to go into effect on January 1, 2021, and will affect both non-exempt and exempt workers. AB 2188, which comes into effect on January 1, 2024, prohibits adverse measures based on cannabis use outside of work and outside the workplace by an employee or if a drug test reveals non-psychoactive metabolites of cannabis in the applicant`s hair, blood, urine or other bodily fluids prior to recruitment.