Q: As a human resources professional, every year I brace myself for new employment laws that affect my business. What are some of the new laws we need to know about for 2022?
A: On the new employment laws front, the 2021 legislative session was relatively quiet compared to 2019 and 2020. As always, the governor signed new employment laws, including the following, which take effect on Jan. 1, 2022, unless otherwise noted.
California Family Rights Act: In January, the California Family Rights Act was expanded to apply to employers with five or more employees. Assembly Bill 1033 clarifies that employees can take California Family Rights Act leave to care for a parent-in-law. AB 1033 also revises the small employer (five to 19 employees) mediation program, making participation in this program a prerequisite to the employee filing a civil action. This should benefit small businesses by allowing them to address California Family Rights Act disputes through mediation rather than costly civil litigation.
Expansion of Cal-OSHA Enforcement: Senate Bill 606 expands the enforcement authority of the California Division of Occupational Safety and Health (Cal-OSHA) by creating two new violations categories for which Cal-OSHA can issue citations — “enterprise-wide” and “egregious” violations. SB 606 creates a rebuttable presumption that employers with multiple worksites have made “enterprise-wide” workplace safety violations if either of the following are true:
1. The employer has a written policy or procedure that violates any of the following:
• Health and Safety Code Section 25910 (governing the use of asbestos),
• Any standard, rule, order, or regulation established by the Occupational Safety and Health Standards Board, or
• Any standard, rule, order, or regulation established pursuant to the California Occupational Safety and Health Act of 1973.
2. Cal-OSHA has evidence of a pattern or practice of the same violations involving more than one of the employer’s worksites.
An “egregious” violation applies to employers based on several factors including an extensive history of violations or a high injury and illness rate among workers. The law sets the maximum penalty for an enterprise-wide violation or a willful or repeated violation of occupational safety or health standards at $123,709 per violation.
COVID-19: AB 654 is a clean-up bill that clarified last year’s COVID-19 workplace exposure notification and reporting requirements. AB 654 was an urgency measure that took effect immediately upon signing on Oct. 5. When an employer receives notice of a potential COVID-19 exposure in the workplace, the employer must, within one business day, provide certain employees with written notice of (1) the potential exposure, (2) information on COVID-19-related benefits, and (3) information on the disinfection and safety plans that the employer plans to implement. Among other changes, AB 654 clarifies that the employer’s obligation is to provide information on COVID-19-related benefits and the disinfection and safety information by sending notice to employees who were “on the premises at the same worksite as the qualifying individual within the infectious period.” This bill also revises the time frame in which employers must give notice of COVID-19 outbreaks to local public health agencies from 48 hours to “within 48 hours or one business day, whichever is later.”
On the horizon: Employers should continue to monitor COVID-19 regulatory developments. In compliance with President Biden’s order, the federal Occupational Safety and Health Administration will be issuing regulations mandating vaccines. It is expected that the Cal-OSHA COVID-19 Emergency Temporary Standard will then be revised by December to adopt an equivalent or more stringent standard applicable in California.
Sara Boyns is a lawyer with Fenton & Keller in Monterey. This column is intended to answer questions of general interest and should not be construed as legal advice. Mail queries to “Workplace Law,” c/o The Monterey Herald, Box 271, Monterey 93942 or to email@fentonkeller.com.
