The 2019 California Legislative year has officially come to a close. Not surprisingly, there are dozens of new employment laws hitting the books on January 1, 2020. Below we highlight 10 new laws, and provide key takeaways for covered employers as we inch closer to the new year.
AB 5 applies retroactively to certain claims. It’s critical for employers to audit existing independent contractor arrangements to determine whether any exception may also be applied retroactively. Misclassification carries significant penalties and consequences.
If covered under the CCPA, employers will need to ensure they have adequate notices provided to job applicants, employees, and independent contractors. This may include notices on job posting websites (e.g., LinkedIn, Indeed), within employee databases (e.g., Dayforce) or within independent contractor agreements.
Employers should ensure their standard severance agreements do not include a “no rehire” provision, and should ensure employment agreements do not include a FEHA / Labor Code arbitration provision.
Employers should ensure they are providing the legally mandated anti-harassment / discrimination training by the new deadline. Employers should also ensure their training is expanded to include the new hairstyle protections and lactation accommodations.
With the minimum wage increasing, and AB 5 making many former independent contractors employees, now is a good time to audit pay practices to ensure classifications are up-to-date, meal and rest periods are being paid properly, wage statements are accurate and include all requirement substantive elements, and that exempt employees will be paid the salary minimum in the applicable jurisdiction effective 2020.