AB 1867 ensures access to paid sick leave for every California employee, closing gaps in federal and state law. AB1867 requires private employers with 500 or more employees nationwide (as well as certain healthcare providers and emergency responders) to provide up to 80 hours of COVID-19 related paid sick leave. This is effective until the latter of December 31, 2020 or the expiration of any extension of the federal Families First Coronavirus Response Act (FFCRA).
AB 2257 is intended to clarify and expand the ABC test, which governs independent contractor classification under California’s wage and hour, workers’ compensation, unemployment insurance and labor laws. AB2257 creates new exemptions for professionals in the music and performing arts industries; data aggregators; individuals providing underwriting inspections, premium audits, risk management or loss control work for the insurance and financial services industries; individuals providing appraisal services; and others. It also repeals a requirement that the ABC test applies to freelance writers, still photographers, photojournalists and editors after they have provided more than 35 content submissions to a single hiring entity. The bill also expands several types of business-contracting relationships that are governed by the more employer-friendly Borello test.
SB 1159 expands access to workers’ compensation and makes it easier for first responders, health care workers and people who test positive due to an outbreak at work to get the support they need, including necessary medical care and wage replacement benefits. SB 1159 requires employers to report such situations to their workers’ compensation claims administrator.
AB 685 ensures timely notification to employees and local and state public health officials of COVID-19 cases at workplaces. This notification will help workers take necessary precautions such as seeking testing, getting medical help or complying with quarantine directives. This bill strengthens Cal/OSHA’s enforcement authority by providing clear authority to close a worksite due to a COVID-19 hazard and reducing the timeframe for COVID-19 citations. This legislation takes effect on January 1, 2021.
SB 1383 expands the California Family Rights Act (CFRA). The CFRA currently applies to employers with 50 or more employees and requires covered employers to provide up to 12 weeks of unpaid leave during each 12 month-period for purposes of family and medical leave. It provides covered employees with job-protected, unpaid time off for several reasons, including for their own illness or a sick relative. SB 1383 expands the scope of “family members” for whom employees can take leave and expands CFRA to now apply to private employers with five or more employees. This legislation will take effect on January 1, 2021.