On May 13, 2020, proposed California Senate Bill No. Almost all California employees must be paid overtime of 1 1 / 2 times the employee's regular rate for all hours worked in excess of 8 in a workday, in excess of 40 in a workweek, or for the first 8 hours worked on the seventh consecutive day worked in a workweek. Additionally, the new law requires under a no-fault just cause termination that the property owner do either one of two things: (A) assist the tenant with relocation by providing a direct payment to the tenant; or (B) waive in writing the payment of rent for the final month of the tenancy. As 2019 comes to an end, there are many new laws that will have a significant impact on California landlords, including the Just Cause Eviction law. This is referred to as the landlord’s duty to “mitigate damages”. Updated December 15, 2020 In California, a wrongful termination lawsuit is a legal action in which a worker claims he or she was fired or laid off for an illegal reason. There are a few new and significant 2020 California employment laws that employers need to be aware of, as they may affect daily business operations, policies and employees. Dynamex reduced an employer's ability to classify a worker as an independent contractor. In cases involving assault or the threat of physical danger, employees should contact local law enforcement. However, this does not give an employer the right to fire an employee in every … However, your lease might contain a clause requiring you to obtain your landlord’s approval prior to subletting. But the Tenant Protection Act of 2019, effective January 1, 2020, imposed a requirement that terminations of tenancy and evictions must be for "just cause." Prior to January 1, 2020, a 30-day notice is required to increase rent less than or equal to 10% in a 12-month period. However, you still have to pay the employee's earnings and … California WARN. Some wrongful termination claims are settled for around $10,000, while others are eventually resolved for multi-million dollar awards. The best way to comply with California paid sick leave laws is to follow the State of California guidelines shown below. We’ll go through each of them below. 446 (1-1 (1-208) (INTERNET) Cover + 118 pages CU Please note: Page 59 The 2020 Quarterly Payment Table Correction: • Timely Settlement Date August 1, 2020 should be corrected to August 3, 2020. In my prior post I wrote about a few of the new laws (click here to view), but now that the legislative year is closed, I wanted to cover five additional key employment laws that California employers need to understand and be aware of going into 2020: Copyright 2020 Leaf Group Ltd. / Leaf Group Media, All Rights Reserved. The two main parts to this new law are: Just Cause Eviction and Rent Control. Until very recently, California state law permitted a landlord to end a month-to-month tenancy for nearly any reason that was unrelated to discrimination or retaliation. The Albany Coronavirus/COVID-19 eviction & rent increase moratorium shall remain in effect until at least May 31, 2020. you're fired image by dead_account from Fotolia.com, California Labor Law Regarding Minimum Work Hours Per Day, California Labor Laws for Salaried Employees, California Laws Regarding Bereavement Pay. However, on March 17, 2020, Governor Newsom signed Executive Order N-31-20 relieving employers of some on these requirements. Of the 2,625 bills introduced in the Legislature in 2019, 1,042 bills reached Governor Gavin Newsom's desk. Employment contracts and collective bargaining agreements that stipulate notice and conditions for termination are legally binding, however. Some modern lease agreements may provide specific terms that would allow a tenant to terminate a lease early in exchange for a penalty fee. SB 973, a new California law passed in September 2020, created a new obligation for California employers to annually submit pay data report to the Department of Fair Employment and Housing (DFEH). The DLSE enforces laws on final pay and vacation pay in cases of employment termination. Under the at-will employment doctrine, the employer and employee relationship is voluntary and can be terminated by either party, at any time. At-will Employment in California. Many state and local laws require landlords to disclose documentation, policies, or specific unit information to tenants prior to moving in. The bill also requires a park manager to renew tenancy to those affected by a wildfire or natural disaster (CIV 798.62). Independent Contractor Worker Status (AB 5): On September 18, 2019, Governor Gavin Newsom signed into law AB 5 - a bill that expands a 2018 California Supreme Court case Dynamex Operations West, Inc. v. Superior Court of Los Angeles. Other special circumstances may provide grounds for legal or administrative action. § 1719. To get landlord approval you will want to send them a letter through certified mail, with a return receipt requested, outlining the terms of the sublet lease agreement. The DFEH has recently published a frequently asked questions page clarifying some questions about SB 973. 2020 California MRL FAQs; 4. For California employers dealing with the economic impact created by the COVID-19 pandemic, the efforts to mitigate those effects come with additional considerations. 1. On March 28, 2019 in the Assembly: From committee chair, with author's amendments: Amend, and re-refer to Com. If your lease does not prohibit subletting, then you are in the clear to do so. Under California’s broad, pro-employee laws (perhaps the best in the US), “protected characteristics” mean: “race, religious creed, color, national origin, ancestry, physical disability, mental disability, medical condition, marital status, California is an at-will employment state, as are most other states in the country. Because severance is not a requirement and is generally not considered wages, it is excluded from the final paycheck rules. As of January 1, 2020, all of California is subject to rent control provision as outlined in AB 1483 the Tenant Protection act. California employers seeking to reduce labor costs often consider layoffs, furloughs and, reducing compensation. There are a variety of other statutes that may protect employees from termination for certain reasons. California laws on termination for nonpayment of rent: Cal. 939 was amended to not only prohibit landlords from evicting commercial tenants during the pendency of the COVID-19 state of emergency, but to extend protections to certain qualifying tenants permitting express rent reduction negotiation rights and lease termination rights. Collective bargaining agreements can have terms for termination. Margaret Lodge has been writing and editing newsletters, publicity information and research reports for nonprofit organizations since 1974. , page 2), accompanied by a copy of the orders to deploy / PCS or a letter from their commanding officer stating their pending deployment. California has enacted overtime laws that are more generous to employees than the federal law. However, on March 17, 2020, Governor Newsom signed Executive Order N-31-20 relieving employers of some on these requirements. Given all the wrongful termination lawsuits in California, employers are understandably leery of firing even the worst employee. In the case of a termination, the employee must be paid all wages (including accrued but unused vacation) due at the time of discharge (California Labor Code, §201). Updated December 15, 2020 Abortion, in general, is legal under California state law and throughout the United States.