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Updates and New Laws for 2022

As this year comes to an end, new policies and ordinances will take effect after

the ball drops. We will give a brief rundown of a few things to come, but there are 2 dozen new laws slated for the new year. If you need any HR help, we are here to serve.


AB 654 — COVID-19 Notifications of Exposure

• Taking effect October 5, 2021, this bill requires all employers to notify any

employees that were on premises at the same time as a symptomatic worker within the infectious

period.

• Notifications must include possible COVID exposure, available benefits, and a

cleaning and disinfection plan.

• Home health industries and certain residential care facilities are not covered by AB

654.

• Recommendation: Create a standard notification template to be sent out for each

occurrence.


SB — Right To Recall

• Any qualified employees laid off due to the pandemic will be given first rights to

be re-hired before employers

look for new staff. This is only for certain industries.

• Due process must be made to extend an offer of re-employment. Former employees have

5 days to respond to the offer and if several say yes, the employer must give it to the one with

the most seniority.

• Please note that certain cities in California have their own ordinances that must be

met on top of SB 93.

• Recommendation: Keep clear personnel records and check your city’s ordinances.


AB 1033 — California Family Rights Act Expansion

• Eligible employees are given 12 weeks per year of leave in order to care for family

members including parents. AB 1033 expands the definition of “parents” to include In-laws.

• The CFRA effects all businesses with 5 or more employees. AB 1867 also falls under

the new expansion and

helps streamline the process for small businesses with 5 to 19 employees to grant leave of

absences.

• Recommendation: If you’re a small business, familiarize yourself with the Mediation

Pilot Program.


SB 807 — Record Retention

• Current FEHA requires personnel records to be kept for 2 years. This new law now

lengthens that to 4 years.

• If current litigation is happening, records must be kept until the end of

litigations or when applicable statute runs out.

• Recommendation: Make it a practice to hold records for 5 or 7 years.


AB 1003 — Wage Theft is Now in the Penal Code

• “Grand Theft” now includes intentional theft of wages from employees or a group of

employees.

• If the wages held are in excess of $950 for one employee, or $2,350 for a group of

employees, the employer could face a misdemeanor or felony.

• Penalties for a misdemeanor could lead to 1 year in jail and up to 3 years for a

felony.

• Typically, a wage theft case would be handled under civil matters but now these

charges will be held as a criminal case.

• Recommendation: Make sure all employees receive missed break pay and all laws are

followed.


SB 606 — Cal/OSHA has 2 New Types of Violations

• “Enterprise Wide” violations are for employers with multiple worksites.

⇒ Policies, practices, and patterns will now be considered as a whole for such employers

for their various locations.

⇒ If Store 1 is found with a violation, OSHA could also cite Store 2, 3, and so on.

• “Egregious” violations are when employers intentionally/voluntarily break safety

policies or fail to take action to fix a problem.

⇒ This could include a violation resulting in a workplace fatality or catastrophe,

history of violations, and a disregard to health and safety practices.

⇒ Each employee exposed to a violation is a separate fine or penalty.

• Recommendation: Make sure you have enough Front Line Supervisors regulating safety

procedures.






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