{"id":8524,"date":"2022-04-18T11:00:12","date_gmt":"2022-04-18T18:00:12","guid":{"rendered":"https:\/\/www.pihra.org\/?p=8524"},"modified":"2022-04-20T15:02:42","modified_gmt":"2022-04-20T22:02:42","slug":"california-employment-law-updates-12-things-to-know-for-2022","status":"publish","type":"post","link":"https:\/\/www.pihra.org\/staging\/pihra-news\/california-employment-law-updates-12-things-to-know-for-2022\/","title":{"rendered":"California Employment Law Updates: 12 Things to Know for 2022"},"content":{"rendered":"

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California Employment Law Updates: 12 Things to Know for 2022<\/span><\/h1>\n

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The employment landscape has shifted \u2014 and not just in terms of employee satisfaction and retention. To keep employers protected, it\u2019s important to stay abreast of California employment law updates in the upcoming year as well as cases and administrative opinions impacting future workplace activity.<\/p>\n

Below are 12 of the most critical California employment law updates to keep in mind as you navigate the legal landscape in 2022:<\/p>\n

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This article was adapted from the information presented in the Woodland Hills Webinar – Is There a Light at the End of the Tunnel? The 2022 Employment Law Update!<\/a> on January 20, 2022, with featured speaker by Karen Gabler, Esq. of LightGabler<\/a>. <\/em><\/p>\n

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\"Karen<\/a>Karen is an employment law attorney with LightGabler<\/a>, an employment law firm with attorneys in Camarillo and San Luis Obispo. For almost 30 years, she has represented employers and managers in businesses of all sizes and industries in virtually all aspects of employment law.<\/em><\/p>\n

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1. COVID-19<\/span> <\/h2>\n

When it comes to COVID-19, guidance is continually shifting on everything from exposure reporting, to testing, to mandates. California employers can easily become overwhelmed by new developments and updated information. Cities or counties may have more restrictive ordinances than the state, and federal law applies unless California law is more restrictive. Companies can enforce their own vaccine requirements as long as they allow for religious or medical exemptions.<\/p>\n

Employers must remain vigilant amid rapidly changing dynamics to ensure they remain in compliance with federal, state and local laws. <\/p>\n

2. Arbitration<\/span> <\/h2>\n

There was an AB 51<\/a> update regarding mandatory arbitration agreements. On September 15, 2021, a Ninth Circuit majority held that AB 51 did not violate the Federal Arbitration Act (\u201cFAA\u201d), because it dealt with pre-employment behaviors and allowed employees and applicants to choose to enter into arbitration agreements based on mutual consent. Nevertheless, the enforceability of mandatory arbitration agreements for applicants remains in limbo at this time.<\/p>\n

It\u2019s recommended that employers fairly draft and implement arbitration agreements with qualified employment counsel, as the updates can be complex and ever-changing.<\/p>\n

3. Class Actions<\/span> <\/h2>\n

Class action lawsuits arose in several instances in 2021 surrounding misclassification of workers (Wilson v. The La Jolla Group<\/em>, March 2021) and wage and hour complaints (primarily based on rounding and time spent waiting in security check lines) (Amaro v. Anaheim Arena Management, LLC<\/em>, September 2021).<\/p>\n

Unpaid time, meal and rest period violations, blended rates and rounding practices are hotly litigated right now<\/strong>, and more claims related to unpaid time going through COVID-19 health screenings will likely be coming. To avoid class action lawsuits, the best practices include having solid policies, having solid arbitration agreements with class action waivers and ensuring managers and employees are trained on workplace policies so the laws are enforced in practice and not just on paper.<\/p>\n

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Download the 2022 Employment Law Update<\/h3>\n

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Complete the form below to download the full 2022 Employment Law Update document from Lightgabler<\/a>, which includes 100 entries on new legislation and new case law for 2022.<\/p>\n

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