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California labor legal guidelines: a listing of 2022 adjustments


The brand new 12 months will carry an onslaught of California labor regulation adjustments after a busy legislative session. From COVID-19 reporting to recordkeeping guidelines, the brand new rules cowl many areas. In the event you function a enterprise within the state, you’ll possible see an influence from these new legal guidelines, 

Check out the listing of employment legal guidelines that can go into impact subsequent 12 months. Then, head to your state labor regulation information to offer your self a refresher on legal guidelines like minimal wage, paid go away, and extra. 

In the event you need assistance understanding these legal guidelines or wish to get solutions to different compliance questions, Homebase HR Professional can assist. While you enroll, you’ll get reside entry to licensed advisors who can assessment your worker handbooks, enable you to set new insurance policies, and extra. 

2022 California labor regulation adjustments

Gov. Greg Newsom lately accepted many California labor legal guidelines to take impact in 2022. Until in any other case famous, all of those legal guidelines go into impact on January 1, 2022. Familiarize your self with these new rules so you may keep compliant within the new 12 months. 

COVID-19 reporting (AB 654)

California legislators enacted AB 685 in 2020, which laid out COVID-19 publicity reporting/notification guidelines. AB 654 took this laws a step additional and updates a number of areas of the earlier regulation. The brand new laws adjustments reporting necessities and stipulates that employers have both 1 enterprise day or 48 hours (whichever is later) to report worker outbreaks of the virus. 

Reporting the outbreak consists of giving written discover to all staff who may have been uncovered to the virus on the worksite, in addition to native public well being companies. Employers don’t want to supply discover on weekends or holidays. 

The unique regulation exempted sure teams of employers from reporting outbreaks to native public well being companies. The brand new regulation provides the next enterprise sorts to the listing of exempted industries: 

  • Grownup well being day facilities 
  • Neighborhood clinics 
  • Neighborhood care services
  • Little one daycare services 

In a multi-worksite setting, employers now solely must notify staff who had been working on the identical location as the employees who received the virus. 

The regulation additionally modifies cleansing and disinfection plan reporting. Beforehand, employers had been required to inform all staff and employers of subcontracted employees. Now, employers should solely notify staff and employers of subcontractors who had been on the identical location as the affected person throughout the infectious interval. 

Observe: This regulation took impact on October 5, 2021

Warehouse distribution worker wage and hour guidelines (AB 701)

Employers with massive warehouse distribution facilities should present written descriptions of all quotas staff are liable for. “Giant distribution heart” means the employer has:

  • 100 or extra employees at a single warehouse
  • 1000+ staff at any variety of warehouse distribution facilities within the state

Quotas can embody:

  • The variety of duties they should carry out inside a sure time period
  • The minimal quantity of supplies that should be produced or dealt with in a workday or workweek. 

The regulation additionally requires that employers have a written description for any potential punishment that staff may anticipate if the quotas are usually not met. Moreover, the brand new regulation prevents employers from punishing staff for not assembly a quota that was by no means disclosed to them. 

Employers additionally can’t punish employees for failing to fulfill a quota that:

  • Doesn’t give them time to take their required meal breaks or rest intervals
  • Interferes with their safety below occupational well being and security legal guidelines. 

CFRA enlargement (AB 1033)

The most recent modification to the California Household Rights Act (CFRA) adjustments the definition of “relations” to incorporate parents-in-law. Which means if an worker’s mother- or father-in-law has a critical well being situation that requires them to be taken care of, the worker can legally take the go away to take action. 

Silenced No Extra Act (SB 331)

The Silenced No Extra Act largely prohibits non-disclosure clauses for all types of office harassment or discrimination of any protected standing below the Honest Employment and Housing Act (FEHA), not simply intercourse. Nevertheless, the regulation doesn’t stop non-disclosure clauses for the settlement cash paid. 

The regulation additionally limits using non-disparagement clauses (that means clauses that stop the worker from saying something destructive in regards to the enterprise) or different provisions that restrict the worker’s skill to share office situation data. If a provision like that is included in a written coverage or process, it should embody the next: 

“Nothing on this settlement prevents you from discussing or disclosing details about illegal acts within the office, similar to harassment or discrimination or every other conduct that you’ve motive to consider is illegal.”  

Meals supply tip distribution (AB 286)

Below this new regulation, meals supply platforms are not allowed to maintain cash designated by the client as ideas. The particular person delivering the gadgets should obtain all ideas or gratuities, and any ideas given for a pickup order should be paid of their entirety to the institution that supplied the meals. 

The regulation additionally makes it unlawful for a meals supply platform to cost the next fee for meals or beverage than what the meals institution units. 

Recordkeeping necessities (SB 807)

SB 807 now requires employers to take care of worker AND applicant personnel data for no less than 4 years. Nevertheless, if an worker information a grievance with the Division of Honest Employment and Housing (DFEH), employers should maintain all associated data till they obtain discover that the company resolved the problem. 

Wage theft criminalization (AB 1003)

AB 1003 makes wage theft a prison offense that’s punishable as grand theft. Wage theft consists of stealing wages, ideas, advantages, or different types of compensation from employees for quantities better than $950 from 1 worker and $2,350 for 2 or extra staff in any 1-year interval. 

Observe: the regulation additionally consists of impartial contractors below the definition of worker. 

Cal-OSHA rebuttable presumption (SB 606)

SB 606 creates a “rebuttable presumption” (an assumption that the courtroom considers true except somebody can show in any other case) that an employer has dedicated an “enterprise-wide” violation (a violation at a number of worksites) if Cal-OSHA determines that both: 

Observe: Cal-OSHA doesn’t want to research different worksites or observe violations earlier than issuing citations. Employers can obtain citations for worksites that the company didn’t examine in the event that they discover a violation in a written coverage at one of many worksites. 

Egregious violations

Moreover, the regulation implements new “egregious violations.” These will lead to a separate penalty for every worker impacted by the violation. 

The group considers the next to be “egregious violations”: 

  • The employer deliberately made no “affordable effort” to eradicate the violation 
  • Employee fatalities, worksite catastrophes, or a lot of accidents or diseases occurred on account of the violation
  • Persistently excessive charges of employee accidents or diseases occurred on account of the violation
  • The employer has an in depth historical past of earlier violations 
  • The employer has beforehand demonstrated that they disregard well being and security 
  • The employer’s conduct as a complete show dangerous religion when it comes to offering a protected work setting
  • The employer has considerably undermined an carried out security and well being program’s effectiveness by committing a lot of violations. 

The regulation moreover offers Cal-OSHA new subpoena authority. The company now has the facility to “challenge a subpoena if the employer or associated entity fails to promptly present the requested data.” This implies employers may be subpoenaed if they don’t present requested data in a “affordable” period of time. 


Need assistance with these new California labor legal guidelines?

In the event you personal a enterprise in California, it’s vital that you just study these new labor legal guidelines to take care of compliance. Fortunately Homebase HR Professional is right here to assist clear up the confusion. Along with your account, you’ll get reside entry to licensed consultants who can reply any questions you could have. Join right now and take benefit ​​of the trendy instruments you’ll want to handle your crew.

 

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