Expansion of COVID-19 Paid Leave under California and Federal Legislation

By: Trevor White and Nathaly Martinez

With flu season nearly upon us in the middle of the COVID-19 pandemic, this is a reminder that the Department of Industrial Relations has an informative comparison chart on California Paid Family Leave, California Paid Sick Leave, Federal First Coronavirus Response Act (FFCRA) Paid Sick Leave, California COVID-19 Supplemental Paid Sick Leave, and the FFCRA Emergency Paid Family & Medical Leave, which can be accessed here to help guide employers with their obligations in providing adequate leave for employees. Further information on California COVID-19 Supplemental Paid Sick Leave can be accessed here.

Similarly, employers should be mindful of their obligations to employees with school aged children under California Labor Code Section 230.8 (Labor Code § 230.8). Under Labor Code § 230.8, employers with 25 or more employees working at the same location must provide their employees with up to 40 hours of leave per year for specific school-related emergencies, such as school or daycare closures. More information on this law and other laws enforced by the Labor Commissioner’s Office can be found here.

New California Law Extends Statute of Limitations for Employment Violation Complaints

By: The Saqui Law Group and Nathaly Martinez

AB 1947, which goes into effect on January 1, 2021, extends the timeline for an individual to submit an initial claim with the Division of Labor Standards Enforcement (“DLSE”) if they believe that they have been discharged or discriminated against in violation of any law enforced by the Labor Commissioner.

The new bill, which can be found here extends the Statute of Limitations for an individual to submit a claim from six (6) months to one (1) year after the occurrence of the violation.

Although AB 1947 will not revive claims that already have lapsed under the current 6 month rule, claims that were set to expire in the coming months may have an extended life.

New Pay Data Reporting Requirements for California Employers

By: The Saqui Law Group and Nathaly Martinez

California Governor Gavin Newsom signed into law SB 973, which imposes new pay reporting requirements on certain employers. 

SB 973 goes into effect on January 1, 2021. This law applies to private employers with 100 or more employees who are required to file an annual Employer Information Report (“EEO-1 survey”) to the United States Equal Opportunity Commission (“EEOC”). In addition to filing an annual EEO-1 survey with the EEOC, SB 973 requires employers to submit a pay data report to California’s Department of Fair Employment and Housing (“DFEH”) by March 31st of each year. The pay data report must include:

  • The number of employees by race, ethnicity, and sex in each of ten broad job categories; and
  • The number of employees by race, ethnicity, and sex whose annual earnings (defined as W-2 income) fall within each of the pay bands established by the U.S. Bureau of Labor Statistics in the Occupational Employment Statistics survey.

The purpose of this pay reporting requirement is to address pay inequities based on gender, race, and ethnicity by encouraging employers to identify and correct their pay practices.

COUNSEL TO MANAGEMENT:

If you have questions about sick leave or the new laws going into effect on January 1, 2020, contact the experts at The Saqui Law Group.

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