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The New CA Employment Laws for 2022

This isn't an exhaustive list. As always, if you need more detailed information contact your Symmetry HR Advisor.

AB 1003 – Wage Theft

AB 1003 expands an employer’s potential liability. It is now felony grand theft if over a twelve-month period, an employee’s lost wages exceed $950 or multiple employees’ total lost wages exceed $2,350. The law applies to wages, gratuities, benefits, and other compensation owed to employees or independent contractors.

SB 807 – Personnel Record Retention

Employers are currently required to maintain employee's personnel records for two years. SB 807 lengthens this requirement to four years. If employers receive notice that a complaint has been filed with the DFEH, the employer must maintain the records until either a resolution or four years, whichever is greater.

AB 468 – Emotional Support Animals

Have an employee who wants to bring in an emotional support animal? If you require certification, know that healthcare providers certifying emotional support animals as a medical accommodation must now comply with specific requirements: (1) possess a valid and active license to provide such professional services, (2) have established a client relationship with the individual seeking documentation for at least 30 days before providing the documentation, (3) have completed a clinical evaluation of the individual prior to providing the documentation, and (4) provide verbal or written notice that fraudulently representing the dog is a misdemeanor.

AB 654 – Notification of COVID-19 Exposure (effective October 5, 2021-January 1, 2023)

AB 654 amends existing law surrounding an employer’s obligations when it receives notice of potential exposure to COVID-19.

Within one business day of an employer receiving such notice of exposure, the employer must: (1) provide written notice to all employees who were on the premises at the same worksite as the individual within the infectious period, (2) provide written notice to the exclusive representative, if any, of qualifying individuals and employees who had close contact with the qualifying individuals, (3) provide all employees who were on the premises at the same worksite as the qualifying individual within the infectious period with information regarding COVID-19-related benefits to which the employee may be entitled under applicable laws, and (4) notify all employees who were on the premises at the same worksite as the qualifying individual within the infectious period of the cleaning and disinfection plan that the employer is implementing.

Additionally, the law requires the employer to provide notice to the local public health agency of a COVID-19 outbreak within 48 hours or one business day, whichever is later. The law exempts various licensed entities from these reporting requirements, including, but not limited to, health facilities, community clinics, community care facilities, and child daycare facilities.

SB 657 – Electronic Delivery of Workplace Notices

SB 657 provides that whenever an employer is required to post information about employee rights under applicable statutes, it “may also distribute that information to employees by email.” The statute does not negate an employer’s pre-existing obligation to post physical copies of such notices in workplaces.



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