Many pieces of legislation will take effect by January 1, 2022. Employers should speak with their legal teams to implement the requisite changes as soon as possible. Some of the following are major changes, while many represent only minor inconveniences. Consumer spending is at an all-time high this holiday season — and that means more opportunity to take a shot in court at big enterprises that make mistakes.
One of the biggest changes is what subjects are prohibited as part of Non-Disclosure Agreements (NDAs). The “Silenced No More Act” prohibits NDAs from preventing employees or former employees from whistle-blowing about workplace harassment or retaliation. It was partially based on the resulting fallout from the #MeToo movement, which has landed many high-profile men in trouble for sexual harassment or assault in the workplace. The new law will go into place on January 1, 2022.
California SB 762 amends existing laws to require arbiters to supply an invoice for fees and due dates once filing is done. Invoices are due on receipt by law. That means an employer that makes an employee sign an arbitration agreement must pay up the second the invoice lands.
The California Family Rights Act has been expanded to allow employees to take a leave of absence in order to care for someone. The law also allows one of these individuals to be a parent-in-law.
Other laws have been put into place to determine how employers must respond to COVID-19. They require employees to notify any employees who may have been exposed to coronavirus at work within 24 hours. This notice must be provided to an employee in writing (via email or text if applicable). Should the number of cases meet the criteria for a “COVID-19 outbreak” designation, then the employee must provide notice to the public health agency within 48 hours.
Laws also add provisions for food delivery, warehouse distribution, intentional wage theft, etc. You can find additional details here.