2021 was another important year for California employers. From decisions by the California Supreme Court regarding employees’ rights to premium pay for missed meal and rest breaks, to legislation expanding the scope of protected leave for California employees, to new laws dealing with the ongoing pandemic, 2021 had something to offer for everyone. This blog discusses some of the new laws and challenges to being an employer in the Golden State.

• Pursuant to previously enacted laws, on January 1, 2022, California’s annual minimum wage increased to $15 per hour ($14 per hour for employers with 25 or fewer employees). This increase also raises the threshold salary for exempt employees to $62,400 per year (for employers with 26 or more employees) and to $58,240 per year (for employers with 25 or fewer employees).
• Assembly Bill (“AB”) 51, passed in 2019, prohibits employers from requiring employees to execute arbitration agreements as a condition of employment. While the enforcement of this was enjoined on December 30, 2019, that injunction was lifted by the Ninth Circuit on September 15, 2021. As such, this law is currently in place.
• Cal-OSHA has once again updated its Emergency Temporary Standards relating to COVID-19. The key portions of this update (1) expands the definition of “testing” to include home tests under certain circumstances, (2) clarifies what types of “face coverings” are sufficient, (3) expands the definition of “fully vaccinated,” and (4) clarifies the...

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