© Swerdlow Florence Sanchez Swerdlow & Wimmer, ⇐ California COVID-19 Supplemental Paid Sick Leave Starts September 19, 2020, Governor Newsom Passes New Legislation Concerning Employees Who Contract COVID-19 While Working ⇒. Following the enactment of AB 5, many industries began to question why they were excluded from the list of exemptions and lobbied for their own exemptions in additional legislation. The original exemptions in AB 5, subject to certain conditions, included: licensed professionals (including architects, engineers, hairstylists, estheticians); doctors; financial services professionals (including accountants, investment advisors, insurance brokers); real estate agents; and professional services (including marketing positions, human resources administrators, graphic designers, grant writers, and fine artists). It becomes effective immediately. See Littler’s Report for additional information. AB 2257 expands the list of service providers to include consulting, youth sports coaching, caddying, wedding or event planning, services provided by wedding and event vendors, and interpreting services (although the full list is non-exhaustive). Coinciding with expansion of California Family Rights Act (CFRA) to small employers (SB 1383), creates Department of Fair Employment & Housing (DFEH) “small employer family leave mediation pilot program” for employers with between 5 and 19 employees. AB 2257, follow up legislation to AB 5, was signed by Governor Newsom on September 1, 2020 and goes into effect immediately. • Effective September 4, 2020 • Maintains the ABC Test • Maintains all of AB 5’s exemptions • Still applies to work performed on or after January 1, 2020 Replaces AB 5 • Expands professional services exemptions • Revises the business-to-business and referral agency exemptions Updates Exemptions Newspaper Carriers – One-Year Exception. Acute care hospitals must supply PPE to employees who provide direct patient care, and ensure that employees use PPE.  Beginning April 1, 2021, acute care hospitals must maintain a three-month supply of PPE, and provide an inventory of PPE to the Division of Occupational Safety and Health upon request. See Littler’s ASAP for additional information. AB 2257 clarifies that to qualify for the exemption, the business service provider must provide services directly to the contracting business rather than to the customers of the contracting business. Among other things, AB 5 and later AB 2257 added a new article to the Labor Code addressing these issues (sections 2775-2787). Effective Date. We will continue to keep you informed of new developments as they arise. The industries that did not … (1) The Ralph M. Brown Act requires, with specified exceptions, that all meetings of a legislative body of a local agency, as those terms are defined, be open and public and that all persons be permitted to attend and participate. AB 2257 recasts and extensively revises the provisions added by AB 5 of 2019, to exempt bona fide business-to-business contracting relationships from the law’s application, as well as to add industry-specific exemptions ... 2021 effective date for the remainder. Lastly, AB 2257 states that the business service provider may use propriety materials of the contracting business if such materials are necessary to perform the services under the contract. Others will likely choose to follow the lead of transportation platform companies which are currently funding Proposition 22. This E-Alert provides a brief recap of the expanded exemptions and modifications to AB 5. AB 2257 provides that the following high-hazard industry services do not qualify for the exception: janitorial, delivery, courier, transportation, trucking, agricultural labor, retail, logging, and in-home care services, as well as construction services other than minor home repair. Establishes default campaign contributions limits of $4700 for local city and county elections Sacramento – Until today, California was one of the very few states to have state campaign contribution limits, but no state required local limits. Additionally, you must also satisfy the credit week requirement to be … Allows employer to require that safety sensitive employees at petroleum facilities covered by collective bargaining agreements, paid at least thirty percent more than the state minimum wage, remain on premises and on call during rest breaks. 2 - What is the ABC test? AB 5 specified, however, that certain occupations and industries were exempt from the ABC Test – provided certain conditions were met – and that the classification for such workers would, instead, be determined by the multi-factor test set forth in S. G. Borello & Sons, Inc. v. Department of Industrial Relations, 48 Cal.3d 341 (1989) (the “Borello test”). AB 2257 is effective immediately and, therefore, California employers should ensure that they are complying with this updated legislation. Also exempt under AB 5 were freelance writers, photographers, editors, photojournalists, and newspaper cartoonists, provided that the worker supplied a maximum of 35 submissions to an outlet in a year. Somewhat clarifies the “business to business” exception. For bills that do not specify an effective date, the guidelines below can be used to calculate one. Unless otherwise indicated, these new laws will take effect on January 1, 2021, leaving employers with little time to prepare. (3) This section shall remain in effect only until January 1, 2016, and as of that date is repealed, unless a later enacted statute, that is enacted before January 1, … 1 AB - 45 Effective Date: Immediately ACTION BULLETIN TO: All WIA Program Operators DATE: November 9, 2004 SUBJECT: PROCUREMENT OF GOODS AND SERVICES Purpose of Bulletin: This policy provides guidance and oversight in the procurement of goods and services by entities receiving Workforce Investment Act (WIA) funds, An individual providing feedback to a data aggregator. On September 4, 2020, California Governor Gavin Newsom signed Assembly Bill 2257, which significantly expands and modifies the list of occupations and industries exempt from the default “ABC Test” for determining a worker’s classification. Right of Recall Following Layoff/Furlough. September 1, 2020. Allows the state to track COVID-19 cases in the workplace more closely.  Expands Cal/OSHA’s authority to issue Stop Work Orders for workplaces that pose a risk of an “imminent hazard” relating to COVID-19.  Requires notice in the event of a COVID-19 exposure in the workplace, including providing written notice to “all employees” who were at the worksite within the infectious period who may have been exposed to the virus. Governor Newsom Signs AB 571 by Assembly Speaker pro Tem Kevin Mullin. Under AB 2257, the contract for a business service provider must include the payment amount, rate of pay, and due date for the payment. In some cases, links are provided to our publications that provide additional detail and information.  We will also highlight a few bills that fell short. Update: Governor Newsom signed AB 2257 on September 4, 2020. 12 APPLICABLE TO BILLING UNDER SERVICE CLASSIFICATION NO. Allied administrative law (2257 regulations) The administrative law that has been created by virtue of the Act to guide and aid its enforcement, 28 C.F.R. Would have imposed OSHA safety standards on homeowners who employ domestic help. ABC Test, Exceptions. While some bills may specify an effective date, most states have default rules that govern the effective dates of newly signed laws. Effective date: January 1, 2021. Representation of Financially Disabled Persons in Arbitration. As the world focused its attention on the COVID-19 pandemic, other legal issues took a back seat. Unless otherwise stated, all the new laws discussed below will take effect on January 1, 2021. The Borello test is much more flexible than the ABC Test and provides more opportunity for a worker to qualify as an independent contractor. Under the ABC Test, a worker is presumed to be an employee, rather than an independent contractor, unless the hiring entity can demonstrate all of the following conditions are met: (A) the worker is free from the control and direction of the hiring entity in connection with the performance of the work; (B) the worker performs work that is outside the usual course of the hiring entity’s business; and (C) the person is customarily engaged in an independently established trade, occupation or business. The legislation included an urgency clause, so it is effective immediately. Businesses who classify any workers as independent contractors should review such classifications to ensure compliance with AB 2257. Latest Update At a Glance: Last updated 10.9.2020 On September 4, 2020, Governor Newsom announced that he has signed AB-2257, the follow up legislation to AB-5. Claims must be rejected within 30 or 45 days (not the usual 90 days) or the injury is presumed compensable.  Requires specific notice to claims administrators.  See Littler’s ASAP for additional information. Such employers still must comply with the ABC Test, or the Borello multi-factor test, as set out in AB 5, and as further modified by the passage of AB 2257, which further modified AB 5. Would have required employers of H-2A employees to provide specified notices of public health emergency. AB 2257, Maienschein. It becomes effective immediately. September 19, 2020 through December 31, 2020 (unless extended due to FFCRA being extended). AB 2257. requiring certain private employers to submit annually a data report to the Department of Fair Employment and Housing (“DFEH”) containing specified wage information. AB 2257 took effect immediately upon its passage on September 4, 2020, and is now the law of the State of California. Here, we very briefly summarize some of the more significant developments applicable to employers operating in California. For more in-depth discussion of these new laws, employers may wish to tune in to our upcoming complimentary webinar on October 6, 2020. Information contained in this publication is intended for informational purposes only and does not constitute legal advice or opinion, nor is it a substitute for the professional judgment of an attorney. For all meetings occurring on or after January 1, 2019, AB 2257 adds additional requirements governing the location, platform, and methods by which an agenda must be accessible on the agency’s website. Broadens the “referral agency” exception. Allows employer to require that security guards covered by collective bargaining agreements, paid at least one dollar more than minimum wage, remain on premises and on call during rest breaks. AB 2992 expands existing protections prohibiting retaliation against employees who are victims of crime, abuse, or public offenses that cause physical or mental injury or the threat thereof (regardless of whether any person is arrested, prosecuted, or … Local agency meetings: agenda: online posting. A bills effective date is not always obvious. This is an unnecessary mandate that places undue burdens on local agencies…This measure mandates sig nificant changes to the current process without identifying a current lack of transparency by local agencies." The bill would also extend the repeal date of the act to January 1, 2026. AB 2257 modifies and expands the list of professions exempt from the “ABC” test to include additional occupations and industry areas. Example: If the effective date of your application for benefits is in the months of July, August or September of 2014, your base year begins April 1, 2013, and ends March, 2014. Credit Weeks. AB 2257 repeals former California Labor Code section 2750.3, which contained AB 5, and creates new Labor Code sections starting with Section 2775. Would have presumed eligibility for UI benefits if employer failed to provide timely paperwork to EDD. AB 2257 also revises exemptions for photographers, photojournalists, freelance writers, editors, and newspaper cartoonists. The law is now in effect. Requires acute care hospital to reimburse certain training expenses of employees and job applicants. See Littler’s ASAP for additional information. Corporation Tax Law that are enacted on or after the effective of the date of this bill. 1) This bill and AB 2257 are enacted and become effective on or before January 1, 2021, 2) AB 2257 of the 2019-2020 regular session repeals, and this bill amends, Section 2750.3 of the Labor Code, and 3) This bill is enacted after AB 2257. AB 2257 (Hernandez) of 2008 was similar to AB 1147, except that AB 2257 also would have also increased Medi-Cal rates for air ambulance providers. Extends for one year the exception from the ABC test for newspaper carriers.  See Littler’s ASAP for additional information. Unemployment – Presumption Of Eligibility. A food employee working in any food facility shall be permitted to wash their hands every 30 minutes and additionally as needed. Requires that a publicly traded corporation with principal executive office in California appoint members of underrepresented communities to Board of Directors.  See Littler’s Insight for additional information. AB 2257 modifies and expands the list of professions exempt from the "ABC" test to include additional occupations and industry areas. However, the mandate in AB 2257 will require all local agencies…to upgrade their system software by January 1, 2017. On Sept. 4, 2020, the Calif. legislature passed Assembly Bill 2257, which exempts a long list of job categories from AB5 strictures. Labor Commissioner will represent financially disabled persons when wage claims are referred to arbitration. Provides that the designation of sick leave taken for kin care shall be made at the sole discretion of the employee. September 4, 2020. … The effective date of each new law is indicated in the heading of the Assembly Bill (AB) or Senate Bill (SB).1. Automates parts of California’s work sharing program.  See Littler’s ASAP for additional information. 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ab 2257 effective date 2020