The arrival of summer means the mid-point of the 2020 Legislative Session, with most bills moving from the first legislative chamber to the second before the brief legislative recess. Not surprisingly, there are a number of significant employment bills, including many dealing with COVID-19 issues, which have continued to advance. These include bills that would:
- Amend California’s “family and medical leave” law (CFRA) and Paid Sick Leave to allow time off for public health emergencies or states of emergency (AB 3216);
- Expand the CFRA to apply to employers with five or more employees and expand the family members for whom leave could be taken due to a serious medical condition (SB 1383);
- Expand workers’ compensation coverage, including to presume employees who contract COVID-19 are covered (AB 664/SB 1159/AB 196);
- Amend AB 5, including expanding the exempted professional services and industries (AB 1850/AB 2257);
- Enact new telecommuting rules, including regarding meal/rest periods, notice requirements and reimbursements (AB 1492);
- Require employers to notify public agencies and co-workers following a COVID-19 exposure (AB 685);
- Require larger employers to annually submit “pay data reports” to the DFEH (SB 973);
- Require California corporations to have directors from “underrepresented communities” (AB 979);
- Require employers provide 10 days of bereavement leave (AB 2999);
- Add human resources professionals and supervisors to the list of “mandated reporters” for child abuse purposes (AB 1963);
- Extend for an additional year the “employment” exemptions from the California Consumer Privacy Act (AB 1281); and
- Impose new notice requirements for H2-A employers related to emergency or disaster declarations (SB 1102).
Looking ahead, the Legislature will soon return from its brief summer recess and then work to pass bills before the August 31st deadline to send them to Governor Gavin Newsom.
In the interim, listed below is an overview, arranged largely by subject matter, of the key employment bills currently pending, and beginning with the various COVID-19-related proposals.