CALIFORNIA — As Californians get ready to turn the page on 2020, they should be aware of a number of new laws taking effect January 1. While many of the bills Gov. Gavin Newsom signed this year have to do with employment, others involve health insurance, housing, public safety, and consumer privacy.
Here's a look at what's ahead in 2021:
Consumer Privacy
Extension of Consumer Privacy Protections: AB 1281 extends the California Consumer Privacy Act of 2018 through January 1, 2022. The law requires businesses that collect personal information to disclose the consumer’s right to delete that information.
Crime
Automatic Expungement of Criminal Records: AB 1076 automatically withholds the disclosure of low-level offenses from statewide criminal justice databases.
Child Abuse Reporting: AB 1963 expands the list of individuals who are mandated to report suspected child abuse or neglect; it now includes human resources employees in a business that has at least five employees, as well as workers who directly supervise children in a business with five or more employees.
Employment
Minimum Wage Increase: According to SB 3, signed into law by former California Gov. Jerry Brown, the state’s minimum wage will increase to $14 an hour starting January 1.
Expanded Unpaid Family Leave: SB 1383 expands the California Family Rights Act to require employers with at least five employees to grant up to 12 weeks of unpaid time off to care for themselves or a child, parent, grandparent, grandchild, sibling, spouse, or domestic partner.
COVID-19 Exposure Requirements: AB 685 requires employers to notify employees of possible exposure to COVID-19 within one business day. If an employer has a number of cases that classify as an outbreak, it must notify the local public health agency within 48 hours. The California Department of Public Health is also required to make such outbreak information publicly available on its website. The law is effective through January 1, 2023.
Corporate Board Representation: AB 979 requires that corporations have at least one director from an underrepresented community by December 31, 2021. Corporations with more than four but fewer than nine directors need to have a minimum of two directors from underrepresented communities by the end of 2022; corporations with nine or more directors need to have a minimum of three from underrepresented groups.
Leave Time for Crime Victims: AB 2992 allows an employee who has been a victim of a crime to take time off to take care of judicial proceedings or receive medical treatment for physical or mental trauma caused by the crime. The law prohibits employers from discriminating or retaliating against employees for taking that time.
Discriminatory Wages: SB 973 authorizes the Department of Fair Employment and Housing to investigate, mediate, and prosecute complaints of discriminatory wage rates. Private employers with more than 100 employees are required to report pay, sex, and race data to the department by March 31 each year.
Sick Leave for Family Care: AB 2017 allows employees to take accrued paid sick leave to care for a family member.
Legal Representation for the Financially Disabled: SB 1384 gives the state Labor Commissioner the authority to represent a claimant who is financially unable to represent themselves in a hearing where a court order requires arbitration.
Extended Family Leave for Active Military: AB 2399 extends the state’s paid family leave program for active military members who have just had a baby or are caring for a sick family member.
Extended Deadline for Discriminatory Complaints: Under AB 1947, employees who believe they have been discharged or discriminated against in the workplace can file a complaint for up to 12 months after the violation occurred. Previously, employees only had six months to file such a complaint.
Health Insurance
Automatic Health Care Coverage Enrollment: SB 260 requires that insurers provide Covered California with a list of individuals who have lost health insurance so that Covered California can provide them with other options. It also requires Covered California to automatically enroll individuals who are leaving Medi-Cal in the lowest-cost Silver plan beginning July 1, 2021.
Housing
Rental and Leasing Agreements: AB 3182 stops homeowners associations and other common interest property developments from banning homeowners’ rental or leasing of their homes.
Public Safety
Slow Down, Move Over Expansion: AB 2285 expands the state’s Slow Down, Move Over law to city streets and freeways. California drivers must slow down or move over for all emergency response vehicles with flashing lights parked on the side of the road. Under the previous Slow Down, Move Over law, vehicles only had to do so on state and interstate freeways and highways. Emergency vehicles include tow trucks, fire trucks, police vehicles, and ambulances. Citations for violating the law are about $238 and add a point to a person's driving record.