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Employment laws are constantly changing – especially in California. It’s vital to stay current with them to ensure you’re compliant and avoid penalties and liability. Failure to comply can cost more than you know.
SB 1100 and the Freelance Worker Protection Act (FWPA) are two of the most notable updates in employment law in California. By reviewing these updates and your employment policies, you can proactively protect your business from unnecessary legal issues.
SB 1100: lifting driver’s requirements from job descriptions
The California Fair Employment and Housing Act (FEHA) offers broad protection against employment and housing discrimination based on factors such as national origin, sex, and age, among others.
Recently, Senate Bill 1100 expanded FEHA to prohibit discrimination based on whether or not an individual possesses a standard driver’s license. Under this update, employers cannot refuse to hire or otherwise discriminate against applicants who lack a driver’s license — unless driving is a legitimate, essential duty of the position.
Do your job applications have a driver’s license requirement?
Do your positions have a legitimate reason for requiring a driver’s license?
These are essential questions to answer to ensure you remain compliant with this new California employment law.
Freelance Worker Protection Act (FWPA)
The Freelance Worker Protection Act aims to provide greater protections for freelance workers, such as independent contractors, by imposing further requirements on employers when hiring them. While hiring independent contractors is more challenging, it isn’t impossible.
Here are some significant changes you should familiarize yourself with:
- Contracts of $250 or more must include the specific scope of services and project timeline in writing, among other specificities
- Payment must be made on time according to the contract or within 30 days of the project’s completion if no specified completion date is provided
- No adverse action can be taken against a freelance worker who seeks to enforce the FWPA regulations on the employer
These new regulations take effect on January 1, 2025. That’s why now is the time to review your independent contractor agreements and processes.
These new changes may seem overwhelming. But we can help quiet the noise and ensure your agreements and processes comply with the latest California employment law changes. Protect your business.