The 2021 California Legislative year resulted in a number of new laws affecting California employer practices. This Alert summarizes key new laws that have either recently taken effect or will go into effect on January 1, 2022. Companies should work with legal counsel to assess the best approach for complying with these new developments.
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2022 Laws Enacted Related to the #MeToo Movement | |
| Expansion of Prohibitions on Non-Disclosure and Non-Disparagement Agreements SB 331: Code of Civil Procedure § 1001 (amended); Government Code § 12964.5 (amended) Effective January 1, 2022, the “Silenced No More Act” will prevent settlement agreements from restricting the disclosure of underlying facts of workplace harassment, discrimination, or retaliation on any protected bases (see Government Code §§ 12940, 12955 for protected characteristics) related to a claim filed in a civil action or a complaint filed in an administrative action. Previously, the law only prohibited such clauses for settlement agreements regarding sexual assault, sex-based discrimination, sexual harassment, or retaliation for reporting sex discrimination or harassment. Agreements may continue to include provisions prohibiting disclosure of the settlement amount and lawfully protected confidential employer information (e.g., trade secrets). Claimants may continue to request provisions that shield their identity or facts that may lead to their identity. The law further... | |
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