Employment Law Bulletin | January 12, 2022

In this month’s Employment Law Bulletin we bring you our 2022 Employment Law Update Action Items.  Employers can use this handy list to help ensure their organization is in compliance with new laws that took effect in January 2022.  Please reach out to an SMT employment attorney if you have questions.  We are here to help.

2022 Employment Law Update Action Items

2022 CA Minimum Wage Increase

• Review hourly pay rates and raise if necessary
• Review exempt EE salaries and raise if necessary
• Review commissioned EE compensation to determine if they still meet the threshold
• Analyze any formula based on new MW
• Make sure you have the current CA MW poster

2022 City Minimum Wage Ordinances

• If you have EEs who work any hours in a city with a MW ordinance, check to see if they fit the definition of EE such that the MW ordinance applies to them
• Review hourly pay rates and raise if necessary (or simplify?)
• Make sure you have the current MW poster (for each city where you have EEs)

Sub-minimum Wages for Individuals with Disabilities

• Increase sub-minimum wage earners to MW; or
• Review SB 639 to make sure you can meet license renewal requirements, but plan for MW in the future

Overtime for Agricultural Workers Act of 2016

• ERs with > 25 EEs:  implement new 8/day; 40/week OT standard now
• ERs with 1-25 EEs: implement new 9.5/day, 55/week OT standard now and plan for future changes
• The law is triggered by ER size, so pay attention to fluctuation in EE counts and apply the correct OT rule
• Review labor demands and costs and start planning for future changes

Rest/Meal Premiums-RROP (Non-exempt EEs only)

• Review compensation packages for non-exempt EEs
• Evaluate RROP issues for break premium pay, overtime, sick leave
• Check payroll system programming
• Consider effect on RROP before adopting “hourly plus” compensation plans

2022 IRS Mileage Rate

• Ensure EEs using personal vehicles for business are being properly reimbursed for business mileage
• Inform your payroll/finance department of the mileage rate change so EEs are properly reimbursed

CalSavers

• If you do not offer a retirement plan and you have 5 or more EEs
  • Register with CalSavers
  • Issue required notices to EEs
  • Facilitate EE deductions

Independent Contractors

• Analyze where this applies to your business/organization
• Review accounts payable records and identify anyone paid on 1099 basis
• Review existing IKor Agreements

Prevent Wage Theft Claims

• Provide wage and hour training for managers and supervisors in payroll, HR, and operations on the primary wage and hour issues
• Remind managers and supervisors that EEs must not work off the clock, and meal and rest breaks must be provided
• Train EEs on time-keeping issues upon hire and on an ongoing basis
• Obtain signed acknowledgements of policies and agreements to immediately report any complaints about wage and hour issues
• Evaluate timekeeping system
• Establish method of complaint for wage and hour violations
• Audit timesheets

Electronic Delivery of Workplace Notices

• For EEs working remotely or in locations where postings cannot be displayed
  • Email postings
  • Print and save email and attachments in EE personnel files
  • Ensure postings are also in the workplace

California Family Rights Act (CFRA)

• Update Employee Handbook/policies
• Update CFRA leave of absence request forms
• Update Notice of Eligibility & Rights and Responsibilities
• Be sure you are using CA forms; not federal FMLA forms
• Watch for updated CFRA pamphlet

Restrictions on Nondisclosure Provisions

• Locate all ER agreements, policies, etc. that have any form of nondisclosure or nondisparagement clause
• Review all agreements and consult counsel about revisions

Severance Agreements

• Review and revise severance/separation agreements to comply with the new law

OSHA & CAL/OSHA COVID-19 ETS

• Prepare OSHA vaccination & testing plan, if applicable
• Consider preparing vaccination & testing plan in the event that the Supreme Court affirms the federal OSHA mandate and CAL/OSHA adopts
• Create COVID-19 Protection Plan (CPP) or supplement current IIPP
• Draft/Obtain Notices to communicate required information
• Develop protocols to ensure compliance with short deadlines

Mandated COVID-19 Reporting

• Be prepared to quickly notify EEs, IKors, ERs of subcontractors, EE representatives, the public health department and your worker’s compensation carrier as required
• Contact SMT to develop protocols and train staff on how to act quickly when notified of a positive test result

Lisa Ann Hilario and Kari J. Brown

No Se Habla Español?

SMT’s employment attorneys can provide your company with employment policies, forms and employee disciplinary documentation in Spanish. Providing such important information to employees in the language they understand is critical to employee performance, providing a welcoming diverse work environment, and protecting your company against employment claims. Contact an SMT attorney today to get started.

Spaulding McCullough & Tansil LLP
Employment Law Group

Lisa Ann Hilario | Kari Brown