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2021 Laws Affecting California Businesses

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Several new laws went into effect at the start of this year, several of which have a substantial impact on California businesses.  These laws range from COVID-19 policies, and minimum wage increases, to expanded leave benefits. Continue reading for highlights of the new laws, effective January 1, 2021.

Notification of Potential COVID-19 Exposure

Public and private California employers must, within 24 hours, provide detailed notices to employees when there is a COVID-19 exposure and provide notice to local public health departments within 48 hours of COVID-19 “outbreaks.”

Overtime: Agricultural companies with 26 or more workers must pay overtime, after 8.5 hours of work, in a single day, or 45 hours in a week. Fresno employers in farming and agriculture will want to update their wage and hour policies.

Minimum Wage Increase

The California minimum wage increases to $14.00/hour for employers with 26 or more employees and $13.00/hour for employers with 25 or fewer employees.  Effective January 1, 2021, the City of San Diego’s minimum wage will increase to $14.00 per hour. Local ordinances may impose further increases to the minimum wage, so it is important to keep an eye on your local city or municipality governing body.

Annual Pay Data Reporting Requirements

Under SB 973, employers with more than 100 employees must submit a pay data report to the California Department of Fair Employment and Housing (DFEH).  This report is due by March 31 every year, beginning in 2021. The pay data is based on race, ethnicity, and gender.

Expansion of Paid Family Leave Benefits

The new law expands family leave benefits, ensuring that employees who work for an employer with at least five employees must be provided up to 12 weeks of unpaid, job-protected leave, for an employee’s own serious health condition or that of a qualifying family member. The new law also expands on the potential reasons for taking leave, making it possible for workers affected by COVID-19 to take time off to care for a parent, sibling, or grandchild.

Expanded Leave for Crime Victims

AB 2992 extends job-protected leave for a victim of a crime or abuse that caused physical injury or mental injury and a threat of physical injury. This is in addition to victims of domestic violence, sexual assault, and stalking. California employers with 25 or more employees must also provide such victims time off work to seek medical attention and psychological counseling for injuries, participate in safety planning, or obtain services from a victims’ services organization.

Independent Contractor Benefits

Independent contractors who work for app-based companies, including Uber, Lyft, and DoorDash, are now eligible for a limited number of healthcare and other workplace benefits, including a guaranteed wage for time spent behind the wheel.

Corporate Diversity

Publicly held corporations with principal executive offices in California are required to have at least one director from an underrepresented community by the end of 2021. Corporations may increase the number of directors on their boards to comply with these requirements.

To address your litigation related concerns, feel free to reach out to our team today. You may call or text directly to (559) 431-4888 or (619) 399-7700 or send a message via email to Advice@WebbLawGroup.com.

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About Lenden F. Webb

Lenden F. Webb is an experienced litigator and trial attorney representing companies and their principals in 93 jury trials, bench trials and arbitrations in 14 California counties spanning over 304 days. Mr. Webb handles civil litigation matters, including real property disputes, breach of contract and business disputes, along with various employment and general contract concerns. Mr. Webb received his law degree from California Western School of Law where he was a twice-published member of Law Review at Cal Western as well as Columbia Law School. Before establishing his law office in 2008, Mr. Webb was a partner at one of the older law firms in California. Mr. Webb serves as a paneled mediator for two California County Superior Courts and as Judge Pro Tem for the Superior Court of California. Lenden Webb holds a MBA from the University of Redlands. He finished the Honors curriculum while earning his Bachelor’s degree from Walla Walla University. Mr. Webb has been named as a California Super Lawyer® and Rising Star® eight times since 2012. With a notable track record in class actions, Mr. Webb has been court-approved as class counsel in over 30 cases. He has achieved several notable trial victories as class counsel including a verdict awarded “trial of the month” by the San Diego County Bar Association. Mr. Webb has led his clients to victory in both state and federal trial and appellate courts across the nation, including the Second, Fourth and Fifth District Courts of Appeal in California, U.S. Court of Appeals for the Federal Circuit, the United States Ninth and Tenth District Court of Appeals and writs of certiorari in multiple cases lodged with the U.S. Supreme Court.