December 16, 2020

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2021 is nearly here and with it comes some interesting changes to the way we do business. There is a lot of ground to cover in regards to the new laws coming up in just a few short weeks, so let’s get to them.

Minimum wage (and exempt salaries) in CA going up

Note that along with the minimum wage increase, exempt salaries will also increase. Most increases are by $1 per hour, however, cities do differ so make sure to check with your local government agency.

Reminder: review vacation/PTO policies

It’s likely time to not only review your vacation policy for consistency and compliance, but also to ensure that employee have a thorough understanding of their entitlements. There have been instances lately of formal complaints made because company policy did not follow state law. This is particularly important due to new state policies passed in response to COVID-19.

Is it necessary to run the background check?

Another recent case brought up the legitimacy of running a background check. Review your policy and make sure they are done legally, and only when the position necessitates it.

Title VII

This past June, the US Supreme Court made the decision that Title VII of the Civil Rights Act of 1964 extends protections against discrimination for gender and identity and sexual orientation. While these protections have been met in California under the FEHA and FEHC, this is a great time to review one’s Equal Employment Opportunity policy to ensure compliance.

CA Consumer Privacy Act

Businesses must comply, and will be held accountable, if they are: for profit, do at least 40% of their business in California, and/or collect the personal info of their customers/employees. For specifics of this act, visit the State of CA Department of Justice page.

AB 685: Covid Exposure Notice

Employers must notify their employee and report within one day if the workplace has been compromised by exposure to Covid-19. They must also provide information on the subsequent disinfection process. Multiple exposures may need to be reported to the Public Health Department.

AB 1947 Discrimination Claims

Employees now have up to one year (previously it was six months) to make claims of discrimination against their employer. Whistleblowers may now also recover attorney fees.

AB 1963 Mandated Reporters

HR employees can now considered mandated reporters in businesses with 5+ employees who employ minors.

AB 2992 Expanded Protection for Crime Victims

Crime victims are entitled to unpaid time off and certain rehabilitation services as decided by their physician/authorities. They cannot be retaliated against by their employer for making the request for and/or utilizing the time off or services.

AB 973 Pay Reporting

If an employer has 100 or more employee on their payroll, they must make annual reports of the wage rate for each position category. The first one will be due in March of 2021.

We know this is information overload and we’re here to help! Eos HR is a team of HR professionals helping small businesses make the necessary changes in response to new labor laws. We make these adjustments a smooth process, and employers can rest assured that their business remains in compliance while they focus on the day-to-day. Schedule a free consultation today to learn more.

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