# 5 New 2019 California Employment Laws Business Owners Should Know

- Link: https://www.lumlawgroup.com/5-new-2019-california-employment-laws-business-owners-should-know/
- Published: 2018-11-30T09:27:59-08:00
- Author: Albert J Lum

California will implement many new regulations in the coming year. As a small business
owner, it’s important to remain up-to-date with new legislation so that you can 
ensure your business is in compliance with State regulations. As employment defense
attorneys, we encourage businesses to take preventative action before they’re sued
by their employees. Here’s five ways you can avoid an employment related lawsuit
in 2019:

### 1. Is he/she an Independent Contractor or an Employee?

The ABC test for determining whether your independent contractor is truly an independent
contractor or actually an employee was already implemented in April this year (2018).
The California Supreme Court ruled on the subject in its decision on Dynamex Operations
West, Inc. v. Superior Court. Since then, to determine whether your worker is an
independent contractor or employee, you should ask yourself the following:

A – Is the worker free from your control and direction?

B – Does the worker’s performance take place outside your company’s usual scope?

C – Does the worker primarily function in an external, independent business or trade?

The answer to all three questions should be “yes”, if not, you cannot issue a 1099
for their work. This means many existing 1099 workers, such as freelancers and contractors,
can no longer be considered independent contractors.  Also, if you are self-employed
and using a 1099, you may need to administer the ABC test on yourself.

Read more on [Forbes’ An End of an Era? How the ABC test could affect your use of independent contractors](https://www.forbes.com/sites/mikekappel/2018/08/08/the-end-of-an-era-how-the-abc-test-could-affect-your-use-of-independent-contractors/)

### 2. Do I have to pay the $11 or $12 state Minimum Wage?

In[ 2016 California passed a legislation](https://www.govdocs.com/california-15-statewide-minimum-wage/)
raising the state minimum wage to $11 an hour for those working in small businesses
with fewer than 25 employees.  For businesses with more than 25 employees, the minimum
wage is $12 an hour.

### 3. What about agricultural workers has changed?

Employers of agricultural workers with more than 26 workers will see[ changes in overtime policy.](https://ucanr.edu/sites/sdsmallfarms/files/255743.pdf)
Where the current law requires agricultural workers to be paid time and a half after
ten hours of work in a day, or sixty hours in a week, the new law reduces the threshold.
In 2019, an agricultural worker working over 9.5 hours in a day, or 55 hours in 
a week, will be entitled to time and a half.

But what if you don’t have 25-26 agricultural employees? What if you have 10? The
law does not go into effect for you until 2022.

### 4. Do I have to accommodate breastfeeding mothers?

Yes, yes you do.  Federal law requires employers to accommodate lactating mothers
by providing them time and place to expunge breast milk, but it did not specify 
what type of room. As a result, many mothers were required to pump in a restroom,
or even take their infant into a restroom with them.  New law, called [lactation accommodation](http://www.usbreastfeeding.org/p/cm/ld/fid=482),
requires employers to provide nursing mothers with a private room that does _not_
have a toilet stall.

### 5. What about the #metoo movement and Workplace Sexual Harassment?

Sexual Harassment training used to only be required of companies with over 50 employees,
but starting in 2019, even small businesses with as few as five employees will be
required to provide sexual harassment education.  [The new law mandates ](https://www.dfeh.ca.gov/sexualharassmentpreventiontraining/)
that, within two years, supervisory staff should have a minimum of two hours of 
sexual harassment training while non-supervisory staff should have one hour of sexual
harassment training.

 

 

Source: https://www.northbaybusinessjournal.com/northbay/sonomacounty/8947388-181/
california-employment-law-2019