January 27, 2022

Volume XII, Number 27

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5 Trends to Watch in California Labor & Employment Law 2022

Expansion of California Family Right Acts AB-1033

 Expands the definition of “family member” covered under the California Family Rights Act (CFRA) to include parents-in-law with serious health conditions for which an employee can take leave.

Silenced No More Act SB-331

 Broadening the prohibition on non-disclosure provisions in settlement agreements involving workplace harassment and/or discrimination claims in civil administrative actions to include any protected status under the Fair Employment and Housing Act (FEHA). Currently this prohibition applies only to harassment and discrimination claims based on sex.

Enforcement of Civil Rights SB-807

 Extends the amount of time employers must keep employee and applicant records to 4 years. SB-807 also extends the period of time the Department of Fair Employment and Housing (DFEH) has to potentially file a civil action under FEHA when a mandatory or voluntary arbitration action is pending.

Wage Theft: Grand Theft AB-1003 

The intentional theft of wages and tips can be prosecuted as grand theft when the amount in question is greater than $950 from one employee and/or $2,350 from two or more employees within a one-year period. For the purposes of this bill, independent contractors are classified as employees.

Minimum Wages SB-639 

 Mentally or physically disabled employees will no longer earn less than the California minimum wage. This bill starts phasing out a sub-minimum wage program that grants licenses to employers who hire disabled employees.

©2022 Greenberg Traurig, LLP. All rights reserved. National Law Review, Volume XII, Number 12
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About this Author

Greenberg Traurig’s Labor & Employment Group provides national and international corporations with strategic legal advice on all matters concerning the employment relationship. With over 150 practitioners around the globe, we offer national and international organizations strategic and practical legal services that are focused on maximizing human resource potential.

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