Employment and Labor Laws

California

California Employment and Labor Law Updates 2021


December

There were no employment and/or labor bills that were enacted that were identified.


November

There were no employment and/or labor bills that were enacted that were identified.


October

Interagency Advisory Committee on Apprenticeship

Bill

Assembly Bill 1273

Summary

Prohibits the Department of Consumer Affairs and its various boards from approving an accrediting program that prohibits earn and learn programs for training in a profession licensed or certified by the board. Prohibits the State Department of Public Health, in the licensing and certification of health professions, from prohibiting earn and learn programs for training of personnel. Requires boards of the Department of Consumer Affairs and Public Health to use standards that authorize such training.

Enacted

10/04/2021

Effective Date

01/01/2022

Topics

Apprenticeships


Sacramento Regional Transit District: Employee Relation

Bill

Senate Bill 598

Summary

Grants Public Employment Relations Board jurisdiction to enforce these labor provisions applicable to the Sacramento Regional Transit District. Requires PERB to perform its duties imposed by the bill consistent with existing regulations, and would authorize PERB to make additional regulations, as specified. Authorizes an exclusive representative to move one or more of its bargaining units to the jurisdiction of PERB to adjudicate complaints of specified labor violations as an unfair labor practice.

Enacted

10/04/2021

Effective Date

01/01/2022

Topics

Collective_bargaining; Government; labor_law


COVID-19: Exposure: Notification

Bill

Assembly Bill 654

Summary

Adds the delivery of renewable natural gas to the list of utilities that the division’s prohibitions are not allowed to materially interrupt. Requires the employer, when giving notice to the local public health agency of a COVID-19 outbreak, to give that notice within 48 hours or one business day, whichever is later. Requires the State Department of Public Health to make workplace industry information received from local public health departments available on its internet website.

Enacted

10/05/2021

Effective Date

10/05/2021

Topics

Covid; Exemption; Exposure; Notice; Reporting_required; Employee; Adult_day_centers; Child_care; Community_care


Unemployment Information: Program Outcomes

Bill

Assembly Bill 753

Summary

Requires the Director of Employment Development to permit the use of specified data to evaluate and report program performance outcomes pertaining to specified Unemployment Insurance Code and Streets and Highways Code provisions concerning workforce training and investment. Requires the Workforce Development Board to evaluate program outcomes, including program participant outcomes for all grant programs administered by the board, regardless of funding source.

Enacted

10/05/2021

Effective Date

01/01/2022

Topics

Unemployment


Classified Community College Employees

Bill

Assembly Bill 275

Summary

Shortens the maximum length of a prescribed period of probation for classified employees of a community college district to 6 months or 130 days of paid service, whichever is longer, except that a full-time peace officer or public safety dispatcher employed by a community college district operating a dispatch center certified by the Commission on Peace Officer Standards and Training would be required to serve a probationary period of not less than one year of paid service from their date of appointment.

Enacted

10/06/2021

Effective Date

01/01/2022

Topics

Probationary; Community_colleges


Rape of a Spouse

Bill

Assembly Bill 1171

Summary

Makes an act of sexual intercourse accomplished with a spouse punishable as rape if the act otherwise meets the definition of rape, except that sexual intercourse with a person who is incapable of giving legal consent because of mental disorder or developmental or physical disability would not be rape if the two people are married.

Enacted

10/07/2021

Effective Date

01/01/2022

Topics

Background_checks; Criminal_history; Notice


Settlement and Nondisparagement Agreements

Bill

Senate Bill 331

Summary

Provides that unlawful acts in the workplace for these purposes include any harassment or discrimination and would instead prohibit an employer from requiring an employee to sign a non disparagement agreement or other document to the extent it has the purpose or effect of denying the employee the right to disclose information about those acts.

Enacted

10/07/2021

Effective Date

01/01/2022

Topics

Non-disclosure; Non-disparagement; Settlements; Discrimination; Harassment; Sex; Sexual_assault; Sexual_harassment


Barbering and Cosmetology

Bill

Senate Bill 803

Summary

Increases the total number of members of the State Board of Barbering and Cosmetology and the Health and Safety Advisory Committee, comprised as specified. Provides a per diem to each board and committee member. Deletes a certain obsolete report requirement. Prohibits the practice of medicine from being performed by, or offered by, a licensee under a certain act without being authorized and licensed to perform that act pursuant to a license obtained in accordance with some other provision of law.

Enacted

10/07/2021

Effective Date

01/01/2022

Topics

Apprenticeships; Barbers; Cosmetologist


Security and Alarm Companies: Training: Use of Force

Bill

Assembly Bill 229

Summary

Requires the course in security officer skills to include training in the exercise of the power to arrest and the appropriate use of force. Requires a security guard registrant to maintain the certificate of completion for a course of training in the exercise of the power to arrest. Requires a licensed private patrol operator to deliver to the Director of Consumer Affairs within 7 days a written report describing the circumstances surrounding the discharge of any firearm or physical altercation.

Enacted

10/08/2021

Effective Date

01/01/2022

Topics

Reporting_requirement; Training; Alarm_companies; Private_investigator; Firearm


Firefighters Procedural Bill of Rights Act

Bill

Senate Bill 206

Summary

Includes in the definition of firefighter a temporary, seasonal firefighter employed by the Department of Forestry and Fire Protection. Applies the Firefighters Procedural Bill of Rights Act to an employee of the Department of Forestry and Fire Protection who holds a temporary firefighter appointment and has commenced employment in a 2nd consecutive fire season with the department even though the person holding the position does not serve a probationary period. Prohibits termination without right to appeal.

Enacted

10/08/2021

Effective Date

01/01/2022

Topics

Investigations; Discipline; Temporary_employees; Firefighting; Forestry;


School Employees: Classified Employees: Layoff Notice

Bill

Assembly Bill 229

Summary

Revises and recasts provisions relating to the layoff of classified employees of school districts and community college districts to require certain notices and opportunities for a hearing when a permanent classified employee’s services will not be required for the ensuing year due to lack of work or lack of funds. Defines “permanent classified employee” to include both an employee who was permanent at the time the notice or right to a hearing was required and an employee who became permanent after.

Enacted

10/08/2021

Effective Date

01/01/2022

Topics

Hearing_opportunity; Notice; Layoff; Community_colleges; K-12


Public Employment: Unfair Practices: Health Protection

Bill

Assembly Bill 237

Summary

Creates the Public Employee Health Protection Act. Makes it an unfair practice for a covered employer to fail or refuse to maintain or pay for continued health care or other medical coverage for an enrolled employee or their enrolled dependents, for the duration of the enrolled employee’s participation in an authorized strike, at the level and under the conditions that coverage would have been provided if the employee had continued to work in their position for the duration of the strike.

Enacted

10/09/2021

Effective Date

01/01/2022

Topics

Government; Public_employer; Labor_law


September

Warehouse Distribution Centers

Bill

Assembly Bill 701

Summary

Requires specified employers to provide to each employee, defined as a nonexempt employee who works at a warehouse distribution center, upon hire, or within 30 days of the effective date of these provisions, with a written description of each quota to which the employee is subject, including the quantified number of tasks to be performed, or materials to be produced or handled, within the defined time period, and any potential adverse employment action that could result from failure to meet the quota.

Enacted

09/22/2021

Effective Date

01/01/2022

Topics

Notice; Personnel_records; Quotas; Employee; Former_employee; New_employee; Non-exempt_employee


Private Detention Facilities

Bill

Assembly Bill 263

Summary

Requires a private detention facility operator to comply with, and adhere to, all local and state public health orders and occupational safety and health regulations. States that the bill’s provisions are declaratory of existing law.

Enacted

09/24/2021

Effective Date

09/24/2021

Topics

Health; Safety


Wage Theft: Grand Theft

Bill

Assembly Bill 1003

Summary

Makes the intentional theft of wages, including gratuities, in an amount greater than a specified amount, in aggregate, by an employer from one or more employees, punishable as grand theft. Prohibits an act that is punished as grand theft from being punished under any other criminal provision, but would authorize wages, benefits, or other compensation to be recovered as restitution in accordance with existing law provisions. Provides that independent contractors are included within the meaning of employee.

Enacted

09/27/2021

Effective Date

01/01/2022

Topics

Employee; Independent_contract; Wage_claims; Wage_theft; Benefits; Compensation: Tips


Family Rights Act: Parent-in-law: Small Employer

Bill

Assembly Bill 1033

Summary

Includes leave to care for a parent-in-law within the definition of family care and medical leave, and would make other conforming changes. Requires the Department of Fair Employment and Housing, when an employee requests an immediate right to sue alleging a violation of the above-described family care and medical leave provisions by an employer, to notify the employee in writing of the requirement for mediation prior to filing a civil action, if mediation is requested by the employer or employee.

Enacted

09/27/2021

Effective Date

01/01/2022

Topics

Mediation; Notice; In-law; Parent; Small_employer; Family; Medical


Employment: Garment Manufacturing

Bill

Senate Bill 62

Summary

Expands the definition of garment manufacturing to include dyeing, altering a garment’s design, and affixing a label to a garment. Prohibits any employee engaged in the performance of garment manufacturing to be paid by the piece or unit, or by the piece rate, except as specified. Imposes statutory damages of a specified amount per employee against a garment manufacturer or contractor, payable to the employee, for each pay period in which each employee is paid by the piece rate.

Enacted

09/27/2021

Effective Date

01/01/2022

Topics

Wage_claims; Recordkeeping; Garment_manufacturer; Piece_rate; Unit


Labor Commissioner: Enforcement: Lien on Real Property

Bill

Senate Bill 572

Summary

Authorizes the Labor Commissioner to create, as an alternative to a judgment lien, a lien on real property to secure amounts due to the commissioner under any final citation, findings, or decision, as provided. Requires the commissioner to include specified information on the certificate of lien to be recorded on the relevant party’s real property and to issue a certificate of release once the amount due, including any interest and costs, have been paid.

Enacted

09/27/2021

Effective Date

01/01/2022

Topics

Leins; Wage_claims


Workplace Safety Violations: Egregious Violations

Bill

Senate Bill 606

Summary

Creates a rebuttable presumption that a violation committed by an employer that has multiple worksites is enterprise-wide if the employer has a written policy or procedure that violates these provisions, except as specified, or the division has evidence of a pattern or practice of the same violation committed by that employer involving more than one of the employer’s worksites.

Enacted

09/27/2021

Effective Date

01/01/2022

Topics

Egregious_violations; Enterprise_employer; Health; Safety


Minimum Wages: Persons with Disabilities

Bill

Senate Bill 639

Summary

Requires the State Council on Developmental Disabilities to develop a multiyear phaseout plan with stakeholder involvement and to pay any employee with a disability, as defined, by a specified date, no less than the state minimum wage otherwise required. Requires the council to to engage with and seek input from people with developmental disabilities who have experience working for subminimum wage and various stakeholder organizations. Requires the council to post phaseout plan report on its website.

Enacted

09/27/2021

Effective Date

01/01/2022

Topics

Disabled_employee; Rehabilitation_facil; Sheltered_workshops; Equal_pay; Minimum_wage; Subminimum_wage


Labor Code Private Attorneys General Act: Janitors

Bill

Senate Bill 646

Summary

Requires a janitorial contractor who has entered into an agreement as prescribed to share, within 60 days of entering the agreement, specified information about the agreement with the Labor and Workforce Development Agency. Specifies that its provisions do not apply to existing cases filed before the effective date of the bill and does not prevent a janitorial employee from filing certain actions. Authorizes the exception until the collective bargaining agreement expires or until a specified date.

Enacted

09/27/2021

Effective Date

01/01/2022

Topics

Collective_bargainin; Private_attorney_gen; Janitorial_services; labor_law


Labor-related Liabilities: Direct Contractor

Bill

Senate Bill 727

Summary

Requires the Labor Commissioner to notify, as specified, the direct contractor and subcontractor at any tier on a private works project at least 30 days prior to taking certain actions for the failure of a subcontractor on that private works project to pay the specified wage, fringe, or other benefit due to workers.

Enacted

09/27/2021

Effective Date

01/01/2022

Topics

Joint_liability; Wage_claims; Wage_theft; Contractor;
Industry: Subcontractor;


August

Employers: Prohibited Disclosure of Information: Arrest

Bill

Assembly Bill 1480

Summary

Includes persons already employed as nonsworn members of a criminal justice agency, as specified, within the exception to certain prohibitions, so that information regarding arrests or detentions regarding specified crimes about these employees may be disclosed or sought. Authorizes a criminal justice agency to release that information concerning a nonsworn employee of a criminal justice agency, or an applicant for a nonsworn position within a criminal justice agency, to a governmental agency employer.

Enacted

08/31/2021

Effective Date

01/01/2022

Topics

Criminal_history; Criminal_justice; Police


July

Health Care Benefits: Unemployment Insurance: Policies

Bill

Assembly Bill 138

Summary

Repeals certain Public Employees’ Medical and Hospital Care Act provisions and reenacts revised provisions in existing law relating to general powers and responsibilities of the department.

Enacted

07/16/2021

Effective Date

07/16/2021

Topics

Unemployment


June

Community Colleges: Academic Employees

Bill

Assembly Bill 1383

Summary

Relates to involuntary administrative leave related to allegations of misconduct for community college employees. Specifies the period for the employer to complete its investigation of the accused misconduct and initiate disciplinary proceedings against, or reinstate, the academic employee.

Enacted

06/28/2021

Effective Date

01/01/2022

Topics

Investigations; Suspensions; Discipline; Government; Community_colleges;


May

There were no employment and/or labor bills that were enacted that were identified.


April

Employment: Rehiring and Retention: Displaced Workers

Bill

Senate Bill 93

Summary

Requires an employer to offer its laid-off employees specified information about job positions that become available for which the employees are qualified, and to offer positions to those employees based on a preference system. Requires an employer to keep certain records. Requires an employer that declines to recall such employee for certain reasons to provide the employee with certain written notice. Prohibits an employer from taking adverse action against a person for seeking to enforce their rights.

Enacted

04/16/2021

Effective Date

04/16/2021

Topics

Backpay; Civil_penalty; Notice; Former_employee; Layoff; Reinstatement; Retaliation


March

COVID-19: Supplemental Paid Sick Leave

Bill

Senate Bill 95

Summary

Provides for COVID-19 supplemental paid sick leave for covered employees, as defined, who are unable to work or telework due to certain reasons related to COVID-19, including that the employee has been advised by a health care provider to self-quarantine due to concerns related to COVID-19.

Enacted

03/19/2021

Effective Date

03/19/2021

Topics

Firefighting; Food_services; In-home_services; Sick; Rate_of_pay


February

COVID-19 Relief

Bill

Assembly Bill 81

Summary

Prohibits an ordinance, resolution, regulation, or administrative action adopted by a city, county, or city and county from permitting a tenant a period of time that extends beyond a specified date to repay COVID-19 rental debt.

Enacted

02/23/2021

Effective Date

02/23/2021

Topics

Unemployment


January

There were no employment and/or labor bills that were enacted that were identified.

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