Welcome to a new year – 2022 has brought something that everyone can count on: new state laws. Artemiste has compiled our annual list of resources to help you start the New Year right!
HR is becoming more complex than ever – we’ve got that for you! See our checklist of some must do areas to address in 2022.
Labor Posters - a must have to ensure you are in compliance with state and federal notices.
Employee Handbook – a handbook is a valuable resource for employers to communicate policies and company expectations but it’s crucial to keep up to date. We’ve identified a few areas to pay particular attention to that are new for 2022 including:
- CFRA expanded to cover parents-in-law – “family members” covered under the California Family Rights Act (CFRA) now includes parents-in-law. [AB1033]
- Employer records retention expanded. The new law requires employers to retain employment records for four years (up from the prior requirement of two years). If litigation has been filed, such records must be maintained until the statute of limitations has run, or until the conclusion of the litigation, whichever occurs later. [SB807]
- Electronic documents – in situations where employers are required to physically post information, they may also distribute that information to employees via email with the document/s attached. Employers are still required to physically display the required posting. [SB657]
- Warehouse employers of 100 or more employees are required to disclose quotas and pace of work standards and prohibits employers from counting time that workers spend complying with health and safety laws as “time off tasks” (AB701)
Criminal liability for intentional wage theft– intentional wage theft by employers is now a felony. Wages include gratuities and tipping for both employees and independent contractors hired as gig workers. Be sure your pay policies and practices are up to date and compliant. [AB1003]
Non-disclosure agreements cannot be used to settle legal claims involving unlawful harassment, discrimination, or related retaliation of any kind, except with limited exceptions when requested by the complainant. This bill also prohibits employment severance agreements from including terms that prohibit the separated employee from discussing unlawful conduct at their former workplace, unless the separated employee agrees to those terms under specified conditions designed to safeguard the separated employee's rights. [SB331)
CA Minimum Wage and Exempt Salary Levels
Effective January 1, 2022, the new CA minimum wage for small employers (25 employees or less) is $14 per hour and for large employers (26 employees or more) the new wage is $15 per hour*
*Cities including Los Angeles, San Diego and San Francisco and many others have enacted higher minimum wages and employers must pay their employees the highest applicable wage rate.
The minimum salary level for exempt employees is also increasing. In CA exempt employees must be paid the equivalent of two times the state minimum wage. Small employers (25 or fewer employees) must pay a salary of at least $58,240 annually while large employers (26 or more employees) must pay a salary of $62,400 annually.
New York Requires Salary on Job Postings
Employers in New York City will have to include the minimum and maximum starting pay for any advertised job, promotion or transfer opportunity. This law follows similar laws enacted in Colorado, Maryland and Washington State.
Other laws in California, Connecticut, Nevada, Ohio and Rhode Island require employers to provide wage information upon the applicant’s request during the recruitment process. These laws are designed to ensure equal pay for equal work and end the practice of requiring applicants to reveal current salaries which has a disparate impact on women and minority groups.
Next Steps:
· Order new labor posters for 2022 and post in a conspicuous area where all employees can see – if you have multiple locations you are required to post in all locations. NEW for 2022 – labor posters can also be emailed to employees working remotely.
· Increase pay according to the new minimum wage rates. Check to see if any higher city wage rates apply to your business based on location.
· Ensure that your pay practices for wages, tips and gratuities meet the new requirements.
· Create pay ranges for all positions and conduct an internal pay audit.
· Update your Employee Handbook with new provisions for CFRA, records retention and any work quotas.
Artemiste Consulting offers a wide range of Human Resources services to help your business needs. We understand the challenges employers are facing and will work with you to ensure you have the best guidance and tools available.
Contact us today for a complimentary consultation
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