Fall 2019 California Legislative Employer Update

AB 5, Worker status: employees and independent contractors. “Assembly Bill 5 is a landmark legislation for workers and our economy. It will help reduce worker misclassification-workers being wrongly classified as “independent contractors,” rather than employees, which erodes basic worker protection like the minimum wage, paid sick days and health insurance.” – Gavin Newsom
Click here to read AB 5

AB 1554, Employers: dependent care assistance program, notice to employees. Existing law relating to the obligations of an employer requires an employer to notify employees of prescribed information relating to employment and benefits. This bill requires an employer to notify, in a prescribed manner, an employee who participates in a flexible spending account of any deadline to withdraw funds before the end of the plan year. Click here to read the entire bill here.

AB 1804 and AB1805, Occupational safety and health. AB1804 and AB1805 change the definition of “serious injury or illness” and “serious exposure” in regards to injury reporting requirements. They establish that a serious violation exists when the division determines that there is a realistic possibility that death or serious injury could result from the actual hazard created by the condition alleged in the complaint. Click here to read AB1804 / Click here to read AB1805

SB 778, Committee on Labor, Public Employment and Retirement. Employers: sexual harassment training: requirements. This bill extends the requirement that an employer with 5 or more employees provide at least 2 hours of classroom or other effective interactive training and education regarding sexual harassment to all supervisory employees and at least 1 hour of classroom or other effective interactive training and education regarding sexual harassment to all nonsupervisory employees in California within 6 months of their assumption of a position by January 1, 2021, and thereafter once every 2 years. The bill also requires new nonsupervisory employees to be provided the training within 6 months of hire and new supervisory employees to be provided the training within 6 months of the assumption of a supervisory position. Employers who provided this training and education in 2019 are not required to provide it again until 2 years thereafter. This bill is to take effect immediately as an urgency statute. Click here to read the entire bill.

AB 1532, Bauer-Kahan. Food facilities: food safety: employee knowledge. This bill would impose a state-mandated local program making changes to the food handler card requirements used by food handlers who are employed by a food facility or an organized camp, as defined, that are subject to the California Retail Food Code. The bill also requires, by January 1, 2021, that the food handler training course include instruction relating to major food allergens and symptoms of allergic reactions. Click here to read the entire bill.

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