The October edition of the Essentials marks the end of California’s legislative session. As a helpful summary for employers, we have outlined key provisions of the new California employment laws for 2022:
MOST SIGNIFICANT, GENERALLY APPLICABLE CHANGE
SB - 331 -- Prohibitions in Settlement Agreements
For agreements entered into on or after 1 January 2022, the new law extends the existing prohibition on disclosure of sex discrimination/harassment claims to preventing the disclosure of acts of workplace harassment or discrimination not based on sex. This new law also makes it an unlawful employment practice for an employer or former employer to include a provision in a separation agreement that would prohibit the disclosure of unlawful employment practices or any non-disparagement agreement that would act to prevent the employee from disclosing unlawful acts.
WAGE & HOUR LAWS
AB - 1003 -- Makes Wage Theft Punishable as Grand Theft
Any intentional theft of wages in an amount greater than nine hundred fifty dollars (US$950) from any one employee, or two thousand three hundred fifty dollars (US$2,350) in the aggregate from two or more employees, by an employer in any consecutive 12-month period, can be punishable as either a misdemeanor or felony, and the wages or other compensation subject to such a prosecution are recoverable as restitution. This bill treats independent contractors as employees.
SB - 646 -- Certain Janitorial Employees Exempt From PAGA
SB-646 updates the...
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