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Dec. 27, 2019

As we approach the new year, we want to update everyone on the new laws that are set to go into effect on January 1, 2020. Please see below.

AB 5 - Codifies the ABC" test adopted by the California Supreme Court in Dynamex Operations West, Inc. v. Superior Court of Los Angeles for classification of workers as employees or independent contractors under the California Wage Orders. (Effective January 2020.)

AB 9 extends the statute of limitations period for employees to file the Department of Fair Employment and Housing claims from one to three years. (Effective January 2020.)

AB 51- Voids No Rehire clauses in the settlement agreement. (Effective January 2020.)

AB 749 - No forced arbitration. Employers can't retaliate against employees for refusing to agree to an arbitration provision as a condition of employment. (Effective January 2020.)

SB 707 requires an employer to pay arbitration initiation fees within 30 days after the due date. If the employer does not, it is in material breach of the arbitration agreement, in default of the arbitration, and waives its right to compel arbitration. If the employer breaches, the employee can then proceed in a court of appropriate jurisdiction. (Effective January 2020.)

AB 673 amends Labor code sec 210 to give employees who are current employees and receive their wages late a private right of action to seek penalties. Previously only the Labor Commissioner or a Private Attorney General Act action could recover penalties for late wages where a worker is a current employee. (Effective January 2020.)

SB 188 - expands the definition of race under the Fair Employment and Housing Act to prohibit racial discrimination and harassment based upon a person’s natural hairstyle. (Effective January 2020.)

AB 1748 - amends the California Family Rights Act (CFRA) to conform flight deck and cabin crewmember eligibility requirements with the federal Family and Medical Leave Act (FMLA), which has special hours of eligibility for airline flight attendants and other cabin crew. (Effective January 2020.)

SB 142 - expands an employer’s duties and responsibilities in providing lactation accommodation to those employees who need to express breast milk.