The year 2020 brings with it many changes in Employment law most of which favor employees and may be a burden to Employers especially small businesses. While the independent contractor versus employee designations have been reviewed and discussed at length here are some other rules you may not know about:
An applicant, employee or former employee now has three years (instead of one) to file a claim against an Employer with the Department of Fair Employment and Housing (DFEH) regarding any wrongful employment or termination issues. This seriously extends the exposure for Employers to get sued and was signed into law by the Governor in order to give people of low income, minorities and victims of trauma more time to file their claims to either have the DFEH investigate or obtain a “right to sue letter” and bring a lawsuit against the Employer.
The CROWN act in effect as of January 1, 2020 redefines “race” and “national origin” under the California Government Code and FEHA to include any hair styles that are associated with a certain race or national origin. This protects workers who wear their hair in a manner culturally in keeping with their race and does not permit discrimination based on hair style.
Rehire provisions are no longer allowed as part of settlement agreements. When an Employer parts from an employee under circumstances where a settlement agreement or separation agreement may be used, the Employer is no longer permitted to state that the employee “is not eligible for rehire”.
Employers with 5 or more employees are required to provide a lactation accommodation which must include a quiet space (not a bathroom) to be used for lactation, close to the employee’s workspace and the proper amount of breaks needed for lactation.
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Liat Cohen has been practicing law in the Los Angeles Area for over 25 years. If you have experienced a similar issue, feel free to contact her for a free initial consultation to discuss how she can help you solve your legal problems.