Jan22020

The new decade is starting off with a massive swell of important new laws and regulations that will affect California businesses.

There are so many new laws and regulations that companies have to be on their toes especially at the start of 2020 to get their bearings. This is the first of a two-part entry looking at the top laws affecting businesses coming into the New Year.

  1. AB 5

Probably the most earth-shattering new law to hit the books in California is the highly controversial AB 5, which creates a new and more stringent test for determining who is an independent contractor or employee.

Known as the “ABC test,” the standard requires companies to prove that people working for them as independent contractors are:

A) Free from the company’s control when they’re on the job;
B) Doing work that falls outside the company’s normal business; and
C) Operating an independent business or trade beyond the job for which they were hired.

With this in mind, legal experts recommend that employers:

  • Perform a worker classification audit, and especially review all contracts with personnel.
  • Notify any state agencies about corrections and changes to a worker’s status.
  • Discuss with legal counsel whether they should now also include them as employees for the purposes of payroll taxes, workers’ compensation insurance, federal income tax withholding, and FICA payment and withholding.

2. Wildfire safety regulations

Cal/OSHA has issued emergency regulations that require employers of outdoor workers to take protective measures, including providing respiratory equipment, when air quality is significantly affected by wildfires.

The regulations require that employers take action when the Air Quality Index (AQI) for particulate matter 2.5 is more than 150, which is considered in the “unhealthy” range.

All California employers with “a worker who is outdoors for more than an hour cumulative over the course of their shift” would be required to comply with these regulations:

  • Checking the AQI.
  • Creating a system of communications when the AQI is in the unhealthy range.
  • Training outdoor workers in the safety regulation, how to report problems and how to properly don and use a respirator.
  • Providing workers with protection that could include respirators, changing work schedules, moving them to a safe location, and more.

3. Arbitration agreements

Starting Jan. 1, the state will bar almost all employee arbitration agreements, under AB 51.

The new law bars employers from requiring applicants, employees and independent contractors to sign mandatory arbitration agreements and waive rights to filing lawsuits if they lodge a complaint for various forms of discrimination, harassment, wage and hour issues, and more.

But on Dec. 6, a coalition of businesses groups filed a suit to overturn the law on the grounds that it is preempted by the Federal Arbitration Act and should be declared invalid.

AB 51 applies to contracts entered into, modified or extended on or after Jan. 1, 2020. If you require new employees to sign arbitration agreements, you could be at risk of violating the new law.

4. Federal overtime rules

New federal overtime regulations have finally been introduced for non-exempt workers after years of wrangling over the issue.

Under the new rule, employers will be required to pay overtime to certain salaried workers who make less than to $684 per week ― or $35,568 per year ― up from the current threshold of $455, or $23,660 in annual salary.

5. Consumer privacy

Starting Jan. 1, 2020, under the state’s California Consumer Protection Act, businesses that are custodians of personal data of California consumers will be required to put in certain safeguards to protect that information and inform website users how their personal data may be used.

The law applies to firms with $25 million or more in annual revenues or those that sell personal information as part of their business. The CCPA requires that businesses must explain to consumers their rights under the act at the time their personal information is collected.

IT security professionals advise you to:

  • Review your current processes to see if they need to be updated or recreated.
  • Document all uses of the data and map where personal (consumer) data is stored and transmitted.
  • Put systems in place to respond to a request from a consumer for the data you are storing on them.
  • Update your website homepage with a clear and conspicuous link titled “Do Not Sell My Personal Information,” which allows the consumer to opt out.
  • Improve your cybersecurity systems to better protect consumer data.
  • Train your employees on how to respond to consumers and how to handle consumer information.

In our next post, we will highlight the next five laws and regulations you need to be aware of for your business.

InterWest Insurance Services
Author: InterWest Insurance Services

92 Comments

  3. Hi would you mind letting me know which webhost you’re using?
    I’ve loaded your blog in 3 different internet browsers and
    I must say this blog loads a lot quicker then most. Can you suggest a good hosting provider at a fair price?
    Many thanks, I appreciate it!

  4. Great post however I was wanting to know if you could write a litte more on this topic?
    I’d be very thankful if you could elaborate a little
    bit more. Appreciate it!

  7. Hello there! I could have sworn I’ve been to this website before but after browsing through some of the post I realized it’s new to me.

    Nonetheless, I’m definitely happy I found it and I’ll be book-marking and checking back often!

  8. Pretty section of content. I just stumbled upon your weblog
    and in accession capital to assert that I acquire in fact enjoyed account your blog posts.

    Anyway I will be subscribing to your feeds and even I achievement
    you access consistently quickly.

  10. Nice post. I was checking constantly this blog and I am impressed!

    Extremely useful information specially the last part :
    ) I care for such information a lot. I was seeking this certain information for a very long time.
    Thank you and good luck.

  15. Excellent post. I used to be checking constantly this weblog and I’m inspired!
    Very useful info particularly the ultimate part 🙂 I handle such information much.
    I was seeking this certain information for a long time.
    Thank you and good luck.

  16. What’s up to all, the contents existing at this website are genuinely remarkable for people knowledge, well, keep up the nice work fellows.

  18. This design is wicked! You most certainly know how to keep a reader amused.
    Between your wit and your videos, I was almost moved to start my own blog
    (well, almost…HaHa!) Great job. I really enjoyed what you had
    to say, and more than that, how you presented it.
    Too cool!

  20. Definitely believe that which you stated. Your favorite
    reason seemed to be on the internet the simplest thing to be aware of.

    I say to you, I certainly get annoyed while people think about worries that they
    just don’t know about. You managed to hit the nail upon the top as well as defined out the whole thing without having side-effects , people
    can take a signal. Will probably be back to get more.
    Thanks adreamoftrains content hosting

  21. hello!,I really like your writing so a lot! proportion we be
    in contact extra approximately your post on AOL?
    I require a specialist on this area to resolve my problem.
    Maybe that is you! Looking ahead to peer you.

  22. A motivating discussion is definitely worth comment.
    I do think that you need to publish more about this topic, it might not be a taboo matter but usually people don’t discuss such
    subjects. To the next! All the best!!

  23. I am really loving the theme/design of your weblog. Do you ever run into any internet browser compatibility issues?
    A couple of my blog audience have complained about my website
    not operating correctly in Explorer but looks great in Chrome.
    Do you have any solutions to help fix this problem?

  27. Hi there! I understand this is sort of off-topic however
    I had to ask. Does managing a well-established website such
    as yours take a large amount of work? I am brand new to blogging however I do write in my journal daily.

    I’d like to start a blog so I can easily share my own experience and thoughts online.
    Please let me know if you have any ideas or tips for new aspiring blog owners.
    Appreciate it!

  28. Oh my goodness! Amazing article dude! Many thanks, However I am having troubles with your RSS.
    I don’t understand the reason why I cannot subscribe
    to it. Is there anybody having the same RSS issues?
    Anybody who knows the solution will you kindly respond?
    Thanks!!

  30. Nice weblog here! Also your site lots up fast!
    What host are you the usage of? Can I get your affiliate link on your host?
    I wish my website loaded up as quickly as yours lol
    32hvAj4 cheap flights

  31. I do not even know the way I ended up right here, however I
    assumed this put up was good. I do not realize who you might be however definitely you’re going
    to a well-known blogger if you aren’t already. Cheers! 31muvXS cheap flights

  32. Wonderful blog! I found it while browsing on Yahoo News.
    Do you have any suggestions on how to get listed in Yahoo
    News? I’ve been trying for a while but I never seem to get there!
    Thank you cheap flights 2CSYEon

  34. Its like you read my thoughts! You seem to understand so
    much about this, such as you wrote the e book in it or something.
    I believe that you simply could do with a few % to force the message home a little bit, but instead of
    that, this is magnificent blog. A fantastic read.
    I’ll definitely be back.

  35. We’re a group of volunteers and starting a brand new scheme in our community.
    Your site provided us with useful info to work on. You’ve performed a formidable task and our entire neighborhood will probably be grateful to you.

  37. Howdy! I simply wish to offer you a huge thumbs up for
    your great info you’ve got right here on this post.
    I’ll be coming back to your website for more soon.

  38. Fantastic beat ! I wish to apprentice at the same time as you amend your site, how can i subscribe for a blog site?
    The account aided me a appropriate deal. I have been tiny bit familiar of this your
    broadcast provided vivid transparent concept

  39. Attractive element of content. I simply stumbled upon your
    web site and in accession capital to claim that I get actually enjoyed
    account your weblog posts. Anyway I’ll be subscribing for
    your feeds or even I success you get admission to consistently
    fast.

  40. Hey would you mind letting me know which hosting company
    you’re utilizing? I’ve loaded your blog in 3 completely different web browsers and I must say this blog loads a lot faster
    then most. Can you suggest a good web hosting provider at a reasonable price?
    Many thanks, I appreciate it!

  41. The other day, while I was at work, my cousin stole my iphone and tested to see if it can survive a 30 foot drop,
    just so she can be a youtube sensation. My iPad is now broken and she has 83
    views. I know this is entirely off topic but I had to share it with someone!

    Here is my blog :: NadiaPMilsap

  44. also liberates works topic during the occlusion and eliminates the. [url=https://ciamedusa.com/#]tadalafil canada[/url] routine when the span has short of Hypotonic Infusion Devoid.

  45. arrange a low-class in men, they both babe hugely recently. [url=https://ciamedusa.com/]buy cialis online us pharmacy[/url] is required to get the first-class race to core together.

  52. I simply want to mention I am just all new to weblog and actually enjoyed this website. Most likely I’m want to bookmark your blog . You really have wonderful posts. Many thanks for sharing with us your blog site.

  75. erectile synonym
    [url=https://besterectiledysfunctionpills.com/#]erectile dysfunction drugs[/url]
    10 best erectile supplements
    dysfunction
    erectile organs pha

Leave a Reply

Your email address will not be published.

Post comment