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December 21, 2020 By The Frog Knows, aka Chuck Farrar Leave a Comment

Small Business Employers Comply with 2021 California Employment Laws

Small Business Employers Comply with 2021 California Employment-Laws. What a statement! Is this even possible? With the January 1, 2021 effective date quickly approaching, is there a way to make this easier? Are there resources out there that specifically apply to the small business employer?

Compliance with employment laws can be an overwhelming feat for a small business employer to accomplish. Particularly in California. The internet is confusing and lists hundreds of laws, many of which are not even applicable to the small business employer.

Where to Start?

We suggest you start here. How do small business employers comply with 2021 California Employment Law? This blog will help.

Listed below are 17 California employment laws, specifically focused on laws affecting privately owned, non-unionized, small business employers. For the purpose of this blog, small business employer is defined here as those employers who employ between 1 and 49 employees. We have only listed California employment laws which are applicable to the small business employer.

Employee Headcount Matters

Employee headcount matters when applying employment laws.

Typically, employment laws in California are applicable based on employee headcount (which includes all employees on the payroll, whether temporary, full time or part time, active or inactive). When reviewing these employment laws listed below, small business employers should pay attention to whether or not a law applies to its business. This can be based on employer headcount or industry type. As you review the list of 17 California employment laws related to small business employers, pay attention to the headcount and industry requirements.

Even though many small business employers have limited resources and staffing to comply with new and sometimes complex annual legislation, they must find a way to understand these new laws and implement and administer policies, practices and forms that will fairly and consistently ensure compliance. Failure to do so can be very costly, not only in litigation costs, but also disruptive to the operation of the business and employee relations. Your employees are the life blood of your business.

We Make It Easier for Small Business Employers to Comply with 2021 Employment Laws

Brief Summaries of Laws and Bill Texts

Below you will find brief summaries of 2021 California employment laws for small business employers, as well as links to the actual texts. Simply click on the bills below to link to the actual texts of these significant new 2021 California employment laws. You might also want to bookmark this blog for future easy access to the texts of these bills as you begin your implementation and compliance process.

Practical Actions Small Business Employers Can Take Now To Comply with 2021 California Employment Laws

We provide guidance and practical actions a small business employer can take now to ensure the business is in compliance with these laws. Our suggested practical actions, listed by category (e.g., wage and hour, discrimination and harassment prevention, safety, etc.) follow the list of our brief summaries and texts of the laws.

Employment Laws

Laundry List of 2021 California Employment Laws for Small Business Employers

Briefly, here is the list of 2021 Employment Laws for Small Business Employers (specifically focused on privately owned, non-unionized, small business employers). If you are interested in a specific law, simply click on that title of that law below and you will be taken to the paragraph in this blog that summarizes the law and links to the text of the law. Alternatively, you can read the entire blog to determine which laws apply to your small business.

  • California Family Rights Act (SB 1383)
  • California Paid Family Leave (Exigency Leave) (AB 2399)
  • Employee Sick Leave (Kin Care) (AB 2017)
  • Domestic Violence, Sexual Assault and Stalking Leave (AB 2992)
  • Workers Classification: Employee vs. Independent Contractor (AB 2257)
  • Time Extension to File DSLE Complaint-Whistleblower/Retaliation (AB 1947)
  • Wages: Successor Employer (AB3075)
  • COVID-19 -Reporting and Notice Requirements (AB 685)
  • Workers Compensation: COVID-19 (AB 2658)
  • EEOC FAQs re Vaccinations
  • Protections for Domestic Worker Employees (AB2658)
  • Health Care Providers-PPE Inventory (SB 275)
  • Settlement Agreements: No-Hire Clauses (AB 2143)
  • Mandatory Reporting of Child Abuse/Neglect Required for HR and Direct Supervisors of Minors (AB 1963)
  • Harassment Prevention Training: Updated FEHA Regulations
  • Unemployment: New Work Sharing Process (AB 1731)

Expanded Protections for Employee Leaves of Absence & Time Off

Protected Leaves of Absence for Employees

Sticker Shock for Small Business Employers- CFRA Now Applies

For years small business employers have carefully monitored employee headcount to keep it below 50 so that they didn’t have to comply with complex laws such as the Federal Family and Medical Leave Act (FMLA) and the California Family Rights Act (CFRA). Both FMLA and CFRA offer job protection, which means that if the employee takes time off as allowed under these laws, they must be reinstated to their jobs.

The initial legislators of FMLA and CFRA realized that many small business employers simply didn’t have the staff to cover protected absences, the funds to afford to hire and train fill-in help or a dedicated human resources team or in-house legal counsel to manage and administer these complicated leaves. Thus, they excluded employers with less than 50 employees within a certain mileage.

California Catches Up

Our California legislators and Governor realized that they had fallen behind other states (New York, Massachusetts, Connecticut, Rhode Island and Oregon) who had already passed paid family leave laws which covered all workers, regardless of employer size. California already allows for wage replacement benefits when employees take time off to care for a sick or injured family member or bond with a child under California’s Paid Family Leave (PFL). This program is fully funded with employee payroll contributions. However, because PFL is not a protected leave, a smaller percent of employees of small business employers actually request this time off because they don’t want to risk losing their jobs. Or, if they do take the time off, they are unable to return to their positions.

During the COVID-19 pandemic, this disparity in worker job protections became even more apparent. Our legislators and Governor chose to level the playing field and provide job protection for most, but not all, employees. They passed S.B. 1383, the new, expanded California Family Rights Act (CFRA), which now requires job protection for all employees who work for employers with 5 or more employees and meet the eligibility and other requirements.

It’s the Right Thing to Do

This new CFRA law make sense for small business employers from an employee relations and safety perspective (i.e., who wants an employee coming to work when they should be home with a loved one who has COVID or cancer). But, it also makes sense economically, as a distracted employee is not as productive, and can infect other employees and customers.

Another reason to do the right thing is to minimize the risks of costly litigation that will surely follow for those small business employers who simply refuse to comply with this new law. Failure to provide a protected leave of absence or accommodate a request for certain leaves can result in costly litigation which may include:

  • Wages employee did not receive
  • Reimbursement for any expenses as a result of the denial, including economic damages
  • Interest employee would have received from the lost wages
  • Emotional distress damages
  • Job reinstatement, and
  • Attorney fees and other litigation-related costs.

Terminating an employee who requests a protected leave of absence, fails to accommodate a request, or retaliates against an employee who files a request, could also result in a wrongful discharge claim, which could include punitive damages and penalties for a public policy violation.

California Family Rights Act (SB 1383)

Click for SB 1383 Legislative Text.

Beginning on January 1, 2021, small business employers will be now be subject to the new California Family Rights Act (CFRA).

  • Employers, including small business employers with 5 or more employees, must grant a request for a CFRA leave of absence if requested by an employee who has at least 1,250 hours of service with the employer, to take up to a total of 12 workweeks of unpaid protected leave in any 12-month period for family care and medical leave. Employers must grant a guarantee of employment to the same or comparable position upon termination of the leave.
  • This law repeals the California New Parent Leave Act (NLPA) and current California Family Rights Act (previously in effect for employers with 50 or more employees) and instead replaces it with an expanded and new CFRA.
  • CFRA leave may be taken to bond with the new child of the employee or to care for themselves or a child, parent, grandparent, grandchild, sibling, spouse, or domestic partner. Each of these terms are defined in the law. This legislation expands definition of family members.
  • CFRA may also be taken due to a qualifying exigency related to the covered active duty or call to covered active duty of an employee’s spouse, domestic partner, child or parent in the Armed Forces of the United States.
  • During any period that an eligible employee takes CFRA leave, the employer shall maintain and pay for coverage under a “group health plan,” for the duration of the leave, not to exceed 12 workweeks in a 12-month period, commencing on the date leave commences, at the level and under the conditions coverage would have been provided if the employee had continued in employment continuously for the duration of the leave.

California Paid Family Leave: Qualifying Exigency (AB 2399)

Click Here to View AB 2399 Full Text
  • Effective January 1, 2021, an employee may take time off to participate in a qualifying exigency related to the covered active duty or call to covered active duty of the individuals’ spouse, domestic partner, child, or parent in the Armed Forces of the United States.
  • The employee will receive wage replacement benefits for this time out under California’s Paid Family Leave Program, which is funded through employee state disability contributions.

Employee Sick Leave to Attend Illness of a Family Member (AB 2017)

Click here to view full text of AB 2017.
  • AB 2017 provides that when an employee takes sick leave to attend to the illness of a family member, the designation of sick leave is at the sole discretion of the employee.
  •  An employer shall not deny an employee the right to use sick leave or discharge, threaten to discharge, demote, suspend, or in any manner discriminate against an employee for using, or attempting to exercise the right to use, sick leave to attend to an illness or the preventive care of a family member.

Employee Leave: Victims of Domestic Violence, Sexual Assault or Stalking (AB 2992)

Click here to view full text of AB 2992.
  • AB 2992 would expand the provision to prohibit an employer from discharging, or discriminating or retaliating against, an employee who is a victim of crime or abuse for taking time off from work to obtain or attempt to obtain relief.
  • The bill would also prohibit an employer from taking action against an employee, when an unscheduled absence occurs, if the employee victim of crime or abuse provides certification that they were receiving services for certain injuries, or if the documentation is from a victim advocate.
  • Additionally, it would prohibit taking any action against the employee if the employee provides certification in any other form of documentation that reasonably verifies that the crime or abuse occurred.
  • Expands the definition of “victim” as follows: 1) A victim of stalking, domestic violence, or sexual assault; 2) A victim of a crime that caused physical injury or that caused mental injury and a threat of physical injury; 3) A person whose immediate family member is deceased as the direct result of a crime; and 4)  any person against whom any crime has been committed.

Wage and Hour Laws

Worker Classifications: Employees and Independent Contractors (AB 2257)

Click here to view full text of AB 2257.
  • Existing law exempts specified occupations and business relationships from the application of the ABC test to determine if workers are employees or independent contractors. AB 2257, effective September 4, 2020, clarifies and recasts the business-to-business relationship, referral agency and professional services exemption and exempts additional occupations and business relationships.
  • AB 2257 exempts from ABC test certain occupations in connection with creating, marketing, promoting or distributing sound recordings or musical compositions.
  • It also expands the scope of the exempted industries to include licensed architects, real estate appraisers, home inspectors, people who provide underwriting inspections and other services for the insurance industry, still photographers, photojournalists, videographers, photo editors, fine artists, freelance writers, translators, editors, content contributors, advisors, narrators, cartographers, producers, copy editors, illustrators or newspaper cartoonists.
  • The business-to-business exemption will be allowed where an independent contractor provides services to the hiring entity’s customers, as long as all twelve of the conditions outlined in the bill are met. If met, the independent contractor must meet the Borello standard.
  • A relationship between a referral agency and a service provider does not need to meet the ABC test as long as all eleven of the conditions outlined in the bill are met. If met, the Borello standard would apply.
  • The professional services exemption clarifies the business licensing and tax registration requirement and also exempts performers hired to teach a master class and registered professional foresters.
  • Adds an exemption for the relationship created when two individuals, each acting as a sole proprietor or separate business entity, perform work pursuant to a contract for the purpose of providing services at a single-engagement event, subject to specified conditions.
  • A careful review and analysis of the text of this bill to employer’s specific situation is required as there are further clarifications and exemptions not listed above.

Time Extension To File Whistleblower and Retaliation Complaints with Division of Labor Standards Enforcement (DLSE) (AB 1947)

Click here to view full text of AB 1947.
Whistleblower and retaliation protections under the law.

The significant legislation increases the risks of retaliation and whistleblower claims, including authorizing courts to award reasonable attorney’s fees to a worker who prevails on a claim of retaliation for blowing the whistle on legal misconduct at their workplace.

  • An employee who believes he/she has been discriminated against or discharged by an employer in violation of any law under the jurisdiction of the Labor Commissioner, may now file a compliant within one year after the occurrence of a violation. This was formerly six months.
  • The full text of this law sets forth provisions for attorney’s fees, temporary or preliminary injunctive relief, as well as penalties for those employers who refuse to comply with an order of the court.

Wages: Successor Employer Liabilities (AB 3075)

Click here to view full text of AB 3075.

Simply put, AB 3075 will ensure employers cannot reorganize to get out of paying a court-ordered judgement for wages and penalties they owe employees. In the past unscrupulous employers have tried to hide assets by changing their company name, or starting a new entity. AB 3075 will made this difficult to do. It will require business entities to include an attestation in required business filings signed by the filers that no filer has an outstanding final judgment issued by the Department of Labor Standards Enforcement for a violation of a wage order or the labor code.

As soon as “California Business Connect”, an information technology project is implemented, it will be possible to curb avoidance of labor enforcement judgments and hold labor code violators responsible for their actions. AB 3075 adds a sunset date as either January 1, 2022 or when the Secretary of State certifies that California Business Connect has been implemented, whichever is earlier. By this date foreign and domestic Corporations and Limited Liability Companies (LLCs) must include

Safety, Health and Workers Compensation Laws

COVID-19: Reporting Workplace Outbreaks and Exposure Notice Obligations (AB 685)

Click here to view full text of AB 685.
Covid-19 laws for employers.

Effective January 1, 2021, employers are required to provide notice of potential COVID-19 Workplace exposures and outbreaks.

  • Notice of Potential Exposure: Within one business day of notice of potential exposure to COVID-19, the employer shall 1) provide written notice to all employees, and the employers of subcontracted employees, who were on the premises at the same worksite as the qualifying individual within the infectious period that they may have been exposed to COVID-19 and 2) provide all employees who may have been exposed with information regarding COVID-19 related benefits to which the employee may be entitled under applicable federal, state or local laws, including workers’ compensation insurance, FFCRA sick leave, company sick leave, state-mandated sick leave, as well as antiretaliation and antidiscrimination protections for the employee.
  • Notice of Safety Plan: Employers must also notify all employees on the disinfection and safety plan that the employer plans to implement or complete per CDC guidelines.
  • Notice of Available Benefits: Families First Covid-19 Response Act (FFCRA) Emergency Sick Pay Leave (ESPL) requires employers with less than 500 employees to provide two weeks (up to 80 hours) of paid sick leave at the employee’s regular rate of pay where the employee is unable to work because the employee is quarantined (pursuant to Federal, State or local government order or advice of a health care professional), or to care for a child (under 18 years of age) whose school or child care provider is closed or unavailable for reasons related to COVID-19. FFCRA expired on December 31, 2020, however, employers have the option of continuing to offer FFCRA benefits and receive payroll tax credits until March 31, 2021.
  • Reporting Requirements: This law also includes required reporting provisions to local health authorities if there is an outbreak in the workplace.

Please also see California’s COVID-19 Emergency Temporary Standards Frequently Asked Questions, which became effective on November 30, 2020, and are in addition to AB 685, which goes into effect on January 1, 2021.

Workers Compensation: COVID-19 (SB 1159)

Click here to view full text of SB 1159.

SB 1159 codifies into law Governor Newsom’s Executive Order (N-62-20) dated March 4, 2020, which expired in July 5, 2020. This statute is effective from September 17, 2020, and will remain in effect until January 1, 2023.

It applies to employers with 5 or more employees. It creates a rebuttable (disputable) presumption that that an employee who reports having COVID-19 on or after July 6, 2020, contracted the virus at the workplace for purposes of workers compensation. This shifts the burden to employers to rebut the presumption that COVID-19 arose out of the course and scope of employment. This presumption is disputable and may be controverted by other evidence as defined in this statute. Specifics include:

  • Provides a rebuttable presumption for critical essential workers (such as peace officers, firefighters, specified frontline employees, certain health care employees homecare workers and IHSS workers) who contract COVID-19 were infected with the virus via a workplace exposure. All normal workers’ compensation benefits are available to these employees who become presumptively eligible for workers’ compensation benefits, for specified dates of injury. The presumptions continue for 14 days after the last day of employment with the employer.
  • Additionally, this bill added a general presumption of workers’ compensation benefits for employees who contract COVID-19 from any employer that experiences an “outbreak” of COVID-19 cases at a particular work location. The presumption only applies if the employee contracted the virus during a workplace “outbreak” and was present in the workplace in the 14 days before the employee the COVID-19 test.
  • SB 1159 defines an outbreak as any of the following occurring in a 14-day period: 1) the employer has 100 employees or fewer at a worksite, and four employees test positive for COVID-19; 2) the employer has more than 100 employees at a worksite, and 4 percent of those who reported to the worksite test positive for COVID-19; or 3) the local health department, the State Department of Public Health, the Division of Occupational Safety and Health, or a school superintendent orders a worksite to close due to a risk of COVID-19 infection.
  • An employer may rebut this presumption by presenting evidence of measure to reduce potential transmission of COVID-19 in the employee’s place of employment and evidence of an employee’s non-occupational risks of COVID-19 infection. The employer must submit evidence to deny that the claim or the injury is presumed compensable no later than 45 days from the date of the claim.
  • Employers must notify their Workers’ Compensation claims adjuster within three business days whenever the employer knows or reasonably should knows that an employee has tested positive for COVID-19.
  • Notice requirements: This notice may be sent by email or fax and must include the following: 1) the date the employee tested positive (date specimen was collected for testing), 2) the address(es) of employment the employee worked in the past 14 days, 3) the highest number of employees who reported to work at the employee’s specific place of employment in the 5-day period preceding the last day the employee worked at each specific place of employment. This notice should not include any personally identifiable information about the employee unless the employee asserts the infection is work-related or has filed a workers’ compensation claim.

Protections for Domestic Work Employees (AB 2658)

Click here to view full text of AB 2658.

AB 2658 extends specific health and safety and anti-retaliation protections to domestic work employees. These include:

  • Provides that it is a misdemeanor offense to willfully and knowingly direct an employee to remain in, or enter, an area closed due to a threat to public safety (this does not apply to a person authorized under the Penal Code to close an area or enter an area that has been closed).
  • Extends to domestic worker employees the right to be free from retaliation for making a health or safety complaint, participating in an occupational health and safety committee, or reporting a work-related fatality, injury or injury.

Health Care Providers Required to Stockpile PPE Inventory (SB 275)

Click here for full text of SB 275.

The Department of Public Health (CDPH) is required to establish a personal protective equipment (PPE) stockpile for health care workers and essential workers and also requires health care employers to establish a PPE inventory that is sufficient for at least 45 days of surge consumption. Specifics include:

  • Health care worker is defined as any worker who provides direct patient care and services directly supporting patient care, including, but not limited to physicians, pharmacists, clinicians, nurses, aides, technicians, janitorial and housekeeping staff, food services worker and nonmanagerial administrative staff.
  • This bill would require the CDPH and the Office of Emergency Services, in coordination with other state agencies, to, upon appropriation, establish a PPE stockpile. It would also require the CFPH to establish guidelines for the procurement, management and distribution of PPE, taking into account, the amount of each type of PPE that would be required for all health care workers and essential works in the state during a 90-day pandemic or other emergency.
  • Commencing on January 1, 2023, or one year after the adoption of specified regulations, whichever is later, require health care employers, including clinics, health facilities and home health agencies, to maintain an inventory of new, unexpired PPE for use in the event of a declared state of emergency and would require the inventory to be at least sufficient for 45 days of surge consumption, as determined by regulation.

Discrimination and Harassment Laws

No-Re-Hire Clauses in Settlement Agreements (AB 2143)

Click here to review full text of AB 2143.
  • Employers may include a no-rehire clause in a settlement agreement with a worker who filed an official complaint in good faith, if, before the worker filed the complaint, the employer made and documented a good faith determination that the worker engaged in sexual harassment, sexual assault, or any criminal conduct.
  • This law takes effect on January 1, 2021.

Human Resource Employees and Direct Supervisors of Minors Required to Report Child Abuse or Neglect (AB 1963)

Click here to review full text of AB 1963.
  • Adds a “Human Resource employee”, and “direct supervisors” of minors of a business that employs five or more employees that employs minors to the list of mandated reporters of suspected child abuse or neglect.
  • A “human resource employee” is the employee or employees designed by the employer to accept complaints of misconduct.
  • Employers shall provide mandated reporters with training in the duties, to include training on child abuse and neglect identification and training in child abuse and neglect reporting. The training requirement may be met by completing the general online training for mandated reporters offered by the Child Abuse Prevention in the State Department of Social Services.

EEOC Update on Requiring COVID-19 Vaccinations

Click here to view EEOC FAQs on Vaccinations (Section K)

The Equal Employment Opportunities Commission (EEOC) updated its FAQs on Covid-19 by adding Section K. This Section provides specific guidelines on how to handle COVID-19 vaccinations in the workplace with regard to the Americans Disabilities Act (ADA) and Title VII of Civil Rights Act. The ADA and Title VII apply to employers with a headcount of 15 or or more employees. California’s FEHA applies to employers with a headcount of 5. More than likely FEHA will refer to these EEOC guidelines.

Fair Chance Act: Criminal History

The Department of Fair Employment and Housing (FEHA) has updated its FORMS, PROCESS AND FAQs for how to comply with the Fair Chance Act. Employers in California are not allowed to ask any questions about an applicant criminal history until after an offer of employment has been made, subject to a criminal history check. The process and procedures are very specific. These tools from the DFEH will be invaluable when administering the Fair Chance Act (also known as the “Ban the Box” because employers may not ask for criminal history on Employment Application forms.

Miscellaneous Laws

Unemployment Insurance: Updates Application Process for Work Sharing Program (AB 1731)

Click here to view full text of AB 1731.

EDD’s current application process for its Work Sharing Program is overly burdensome and thus makes it more difficult for employers to obtain UI benefits when work hours are reduced under the Work Sharing Program. This legislation will streamline the process and make it easier for employers and employees to utilize. As the economy opens and closes to help manage the spread of COVID-19, participating in the work share program is a better alternative than layoffs. Employers are advised to review this bill to learn more about this win-win legislation.

Practical Actions Small Business Employers Can Take Now to Ensure Compliance in 2021

Compliance with employment laws.

Leaves of Absence & Employee Time Off

  • CFRA: For employers with 5 or more employees, who were not previously covered by FMLA or CFRA, add CFRA policy to your Employee Handbook.
  • CFRA: Develop CFRA Forms to Meet Notice and Certification Requirements: Request for Leave of Absence form- which includes CFRA; CFRA Designation Notice, Certification of Health Care Provider-for Serious Health Condition CFRA, Certification of Qualifying Exigency Military Family Leave- CFRA, and Fitness for Duty Form.
  • CFRA: Employers who are already offering FMLA and CFRA will need to revise both FMLA and CFRA policies to incorporate the differences (e.g, CFRA doesn’t have Key Employee provision, no longer requires 50 employees within 75 mile radius, etc.). CFRA has expanded definition of Family Members and other requirements. Basically, employer will want to draft new CFRA policy based on new law.
  • CFRA: Eliminate any references to California’s New Parent Leave Act, as this new CFRA replaces that law.
  • Paid Family Leave Policy: Update to include protected time off for a qualifying exigency related to the covered active duty or call to covered active duty of the individuals’ spouse, domestic partner, child, or parent in the Armed Forces of the United States.
  • Domestic Violence, Sexual Assault and Stalking Leave: Update handbook policy to include new definitions and victims rights.
  • Provide training to supervisors and HR Department on these new laws and employer and supervisory responsibilities.
  • Sick Leave: update handbook policy to make it clear that employee has the legal right to designate whether or not he/she wants to apply his/her paid sick leave to time off. Educate HR and supervisors on this new right.

Wage and Hour Laws

  • Review list of Independent Contractors to ensure they still meet criteria for being independent contractor. Update existing IC Agreements, if necessary, to comply with new requirements. If unsure of worker classification, seek employment law counsel advice.
  • Educate supervisors and HR of added protections under the law for employees who file whistleblower or retaliation complaints. Provide updated training.
  • Conduct annual audit of payroll records to ensure that overtime is being paid correctly, that meal and rest periods are being provided and recorded on time cards accurately and timely, and that employees are being reimbursed for all work-related expenses such as required cell phone usage, mileage for work-related travel, equipment used to work remotely, etc.
  • Ensure all non-exempt employees receive at least the minimum wage. The new rate, beginning January 1, 2021, is as follows: $14 per hour for employers with 26 or more employees; $13 per hour for employers with 25 or fewer employees. Also, verify that all exempt employees receive at a salary of at least least two times the minimum wage ($58,240 annually for employers with 26 or more employees; $54,080 annually for employers with 25 or fewer employees).
  • Additional minimum wage requirements: Please keep in mind that certain local cities and counties have higher minimum wage requirements. Additionally, consider whether a living wage ordinance applies. Generally, employers who contract with a city or county must pay their employees a rate higher than the minimum wage for work done pursuant to the contract. The Department of Industrial Relations (DIR) adjusted the computer software employee’s exemption from $46.55 to $47.48 per hour. DIR adjusted Licensed Physicians rate for overtime exemption from $84.79 to $86.49 per hour.

Safety, Health and Workers Compensation Insurance

  • Designate a team or individual who will be responsible for keeping abreast of COVID-19 Related Requirements and Notices from CDPH, CDC, local health department, Cal-OSHA, and EEOC.
  • Ensure written COVID-19 Worksite Specific Prevention plan is updated and complies with AB 685 re notice and reporting requirements re outbreaks and exposure and California Emergency Temporary Rules.
  • Updated Injury and Illness Prevention Program, including Infection Prevention Program to comply with Cal-OSHA Regulations.
  • Update FFCRA Policy if deadline for coverage is extended by Congress; give notice to employees if FFCRA Policy is no longer valid because law expired. Update FFCRA forms as appropriate.
  • Ensure that employees have access to receive notice of all safety updates and know where to go to ask questions.
  • Train supervisors and employees as required by safety requirements.

Discrimination and Harassment Prevention

  • Mandated Reporting: Employers who employ minors must educate HR Managers who accept employee complaints and direct supervisors of minors of new mandated reporting requirement of child abuse or neglect. Employers must also provide online training for mandated reporters offered by the Child Abuse Prevention in the State Department of Social Services.
  • Vaccinations: Employer and designated HR or Safety Manager to review EEOC FAQs on COVID-19 vaccinations and decide on company policy. Will the employer require that all employees be vaccinated? Draft company policy on vaccinations (or include in updated COVID-19 Prevention Plan) that addresses how employer will handle vaccinations.
  • Fair Chance Act: Criminal History: Review resource materials provided on DFEH website. Determine if company will require criminal history check after offer of employment, and if so, set up process, forms and policy for administering this process. Train supervisors and interviewers of prohibition against asking about criminal history before an offer of employment is made. Make sure that all offers of employment are in writing and include reference to your process for criminal history checking. Update employee handbook to incorporate legal requirements and company policy.
  • Modifications to DFEH Regulations Regarding Harassment Prevention Training: Review DFEH Regulations which include updated training requirements for sexual harassment training. Additionally, these regulations require that employers include links to DFEH online harassment prevention training for employees and supervisors in the employee handbook. Ensure that your employees and supervisors receive required training no later than December 31, 2020. These regulations take effect on January 1, 2021. You can find our review of the DFEH online employee training here.
Congratulations On Making It This Far.

We are hoping you will shortly be able to join the group of small business employers who can truthfully say: “Small Business Employers Comply with 2021 California Employment Laws.”

Need More Help?

Feel free to contact the authors if you have any further questions about these new 2021 California Employment Laws, including applicability to your industry and how to implement them.

Chuck Farrar, aka The Frog Knows Employment Lawyer

The Frog Knows, aka attorney Chuck Farrar, and Janice Knight, Senior HR Consultant

Contact Chuck (for legal advice) or Janice (for HR prevention strategies) with questions.

Feel free to call Chuck (530) 273-0800 or Janice (530 273-0700) with questions about this blog or to schedule an appointment for assistance with compliance and prevention strategies.


This Blog/Web Site is made available by the Law Office of Chuck Farrar for educational purposes only, as well as to give you general information and a general understanding of the law in California, not to provide specific legal advice. By using this blog site you understand that there is no attorney client relationship between you and the The Law Office of Chuck Farrar. The Blog/Web Site should not be used as a substitute for competent legal advice from a licensed professional attorney in your state.

Filed Under: 2020 California Employment Laws, Ban the Box, COVID-19, Employment Law, Wage and Hour Laws, Workplace Safety Tagged With: AB 2257, AB 2992, AB 685, CFRA, SB 1159

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Chuck Farrar, Attorney at Law
Law Office of Chuck Farrar
Serving Grass Valley, Nevada City, Penn Valley, Truckee, Auburn and surrounding areas of Nevada City
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