New Employer Requirements for 2020

Minimum Wage-California’s minimum wage for employers with 25 or less employees is $12.00 and for employers with 26 or more employees is $13.00.  For exempt employees the minimum salary for 25 or less employees is $49.920.00 and for employers with 26 or more is exempt employees minimum salary is $54,080.00.  The minimum salary per year for exempt computer professionals is $96,968.25.

What action should you take:  Ensure that all your employees fall within the 2020 salary guidelines for their position and exempt/non-exempt status.  Check to see if your City or County have local ordinances for minimum wage in case they are higher that the state minimum wage.

Anti-Harassment/Anti-Bullying Training Deadline ExtendedSB-530 and 778-  By January 1, 2021, all employers with five or more employees will be required to provide two hours of sexual harassment prevention training to supervisors and one hour to nonsupervisory employees within six months of hire or promotion.

What action should you take:  Schedule and provide this training to your employees prior to the deadline.  An individual that meets all state qualifications should conduct training.  Obtain and certificates of this training as evidence you provided the training.

The California Consumer Privacy Act (CCPA) – The CCPA changed the rules around how consumer data is collected, including employee and job applicant data — information collected and used within the context of a person’s employment or application for employment. The CCPA doesn’t apply to all employers. It only applies to any for-profit business entity doing business in California that meets one of the following:

·      Gross Revenue greater than $25 million;

·      Annually buys, receives, sells or shares the personal information of more than 50,000 consumers, households, or devices for commercial purposes; or

·      Derives 50 percent or more of its annual revenues from selling consumers’ personal information.

What action should you take: Determine if your business is under the CCPA and then ensure you are following all consumer data requirements.

Independent Contractors-AB 5– California labor code has adopted the California Supreme Court decision of Dynamex regarding what constitutes an Independent Contractor. To be an Independent Contractor you must meet all of these three requirements (known as the ABC test):

A. You must have control over your services under contract.

B. You must perform work that is not part of the client’s core business.

C. You perform work for multiple clients 

What action should you take:  Ensure that all independent contractors meet these requirements and if they don’t seek assistance from legal counsel to make them employees.

Enhanced Lactation Accommodation-SB 142– Adds required features to mandatory lactation space including lactation space is mandatory in all cases, must be private and close to employee’s work area, must have a flat surface for breast pump, must have seating, cannot be a bathroom, and temporary space is okay for employers under 50 employees if it creates an undue hardship.

What action should you take:  Make sure you meet all requirements for any space you provide for lactation.

Hairstyle Discrimination-SB 188: – Bans discrimination based on “traits historically associated with race” such as hair texture, braids, locks, and twists.

What action should you take:  Review your dress code to ensure it doesn’t violate this law.

Increased Statute of Limitations for FEHA (Fair Employment and Housing Act) Discrimination Claims -AB 9 – Employees have three years to file discrimination charges with the California DFEH (Department of Fair Employment and Housing) after 1/1/2020.

Ban of Waiver of Statutory Employment Rights- AB 51-Bans waiver of Statutory Employment rights meaning it does not allow employees to waive their rights to file claims under FEHA (Fair Employment and Housing Act) or the Labor code with state agencies or the court.  It also prohibits retaliation. 

What action should you take:  Review with legal counsel any settlement agreements before using them.

Prohibition of “No Rehire” Settlements -AB 749 – Prohibits “no rehire” language in settlements after 1/1/2020 except in cases of the employer making a good faith determination that employee engaged in sexual harassment or sexual assault. 

What action should you take:  Review with legal counsel the any settlement agreements before using them.

New Penalties for Late Wage Payments-AB 673– Gives employees the right to recover penalties from their employer for late wage payments.  It allows employees to recover penalties in a Labor Commissioner proceeding without having to sue in Court includes $100 for the first late payment and $200 plus 25% for subsequent late payments.

What action should you take:  Ensure that wages are paid in a timely manner. 

Longer Organ Donation Leave-AB 1223– Increases mandatory organ donation leave for 30 to 60 business days for employers with more than 15 employees. The statue does not allow for you to force employees to take CFRA (California Family Rights Act) leave. 

What action should you take:  Review your policy for leave of absence for organ donation and CFRA.

FSA Withdrawal Notifications-AB 1554– Enhances employee notification of FSA (Flexible Spending Account) withdrawal deadlines requiring use of at least two of the following methods: e-mail, telephone, text message, postal mail, or in-person.

What action should you take:  If you offer an FSA you should ensure your procedures offer two of five contact methods regarding withdrawal guidelines and that includes a way to show you proof you provided notification.

Expanded Injury Reporting-AB 1805– Expands the definition of Cal-OSHA reportable injuries.

What action should you take:  Make sure you are following the Cal-OSHA guidelines for reporting injuries as of 1/1/2020.

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