Should “Auld” laws be forgot?
Now that we’ve rung in the New Year, we can turn our attention to laws that went into effect starting January 1, 2022. In this blog, we’ll cover a few of the laws that go into effect this year by providing a brief description and a link to the law in the California Legislature. The California Legislature provides the text of the bill, votes, history and analysis.
First, we’ll look at SB 572, on enforcement liens. This bill will be added to the Labor Code. It states “this bill authorizes the Labor Commissioner to create, as an alternative to a judgment lien, a lien on real property to secure amounts due to the commissioner under any final citation, findings, or decision, as provided. The bill would require the commissioner to include specified information on the certificate of lien to be recorded on the relevant party’s real property and to issue a certificate of release once the amount due, including any interest and costs, has been paid.”
Review the full text of the bill here
Next is SB 331, on Settlement and non-disparagement agreements. This bill will be added to the Code of Civil Procedure. It clarifies that a prohibition in existing law includes provisions which restrict the disclosure of certain information. It also provides that “unlawful acts in the workplace for these purposes include any harassment or discrimination and would instead prohibit an employer from requiring an employee to sign a non-disparagement agreement or other document to the extent it has the purpose or effect of denying the employee the right to disclose information about those acts.”
Review the full text of the bill here
Review the Code of Civil Procedure section
Review the Government Code here
AB 1003: Criminal liability for intentional unpaid wages. This bill will be added to the Penal Code. It “makes the intentional theft of wages, including gratuities, in an amount greater than $950 from any one employee, or $2,350 in the aggregate from 2 or more employees, by an employer in any consecutive 12-month period punishable as grand theft.” Grand Theft is a felony in the state of California.
Review the full text of the bill here
AB 1033: California Family Rights Act. This bill will be added to the Government Code and expands upon existing law. This bill includes leave to care for a parent-in-law within the definition of family care and medical leave. From the summary of the Assembly Floor analysis, this bill “Recasts the notice provisions of the small employer family leave mediation pilot program under the California Family Rights Act (CFRA) to require an employee alleging a violation of job protected leave to contact the dispute resolution division of the Department of Fair Employment and Housing (DFEH) prior to filing a civil action. Clarifies the duty of an employee or employer to request mediation and adopts timelines for the DFEH’s initiation and completion of the mediation.”
Review the full text of the bill here
Review the two sections of the Government Code here:
https://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?sectionNum=12945.2&lawCode=GOV
https://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?sectionNum=12945.21&lawCode=GOV
And lastly, SB 3: minimum wage. This bill was added to the Labor Code. In 2022, Minimum wage increases to $14/hour as part of the 2016 SB 3 bill. The bill ends in 2023 with an increase to $15/hour.
Review the full text of the bill here
Review Labor Code Section 245.5 here
Review Labor Code Section 246 here
Review Labor Code Section 1182.12 here
To further explore these new laws, the Society for Human Resource Management (SHRM) provides an update and brief analysis, accessible here
Written by: Jenna Pontious, Public Services Librarian
